(1)The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler. (5)The foregoing provisions of this Article (except Clause (3)) shall apply in relation to alienated land as they apply in relation to land not being alienated land, but subject to the following modifications: (a)in Clause (1), the words "after consultation with the State Government" shall be omitted; (b)where a requirement is made under that Clause, it shall be the duty of the State Government to cause to be acquired by agreement or compulsorily such interest in the land as may be necessary for complying with the requirement; (c)any expenses incurred by the State in or in connection with the acquisition of land in accordance with paragraph (b) shall be repaid by the Federation, except that if the acquisition is by agreement the Federation shall not, unless it is party to the agreement, be liable to pay more than it would have paid on a compulsory acquisition; (d)any sum paid by the Federation to the State in accordance with paragraph (c) shall be taken into consideration in determining for the purposes of Clause (2) the market value, the appropriate quit rent or the just annual rent, and shall be deducted from any premium to be paid by the Federation under that Clause. (1)Renunciation or deprivation of citizenship shall not discharge a person from liability in respect of anything done or omitted before he ceased to be a citizen. (b)in the case of the States of Sabah and Sarawak with the omission in Article 83 of paragraph (a) of Clause (5). (8)Any property which was, immediately before Merdeka Day, liable to escheat to Her Majesty in respect of the Government of Malacca or the Government of Penang shall on that day be liable to escheat to the State of Malacca or the State of Penang, as the case may be. (5)The provisions set out in Part I of the Eighth Schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in Part II of that Schedule as an alternative thereto-. If any new territory is admitted to the Federation after Malaysia Day in pursuance of Article 2, Parliament may by law determine what persons are to be citizens by reason of their connection with that territory and the date or dates from which such persons are to be citizens. (3)Nothing in this Constitution shall prevent the Federal Government from establishing Ministries or Departments of Government to exercise the functions of the Federal Government under Article 93 and this Article in relation to matters within the legislative authority of a State, and such matters may include soil conservation, local government and town and country planning. (8)Notwithstanding anything in this Constitution, where by any federal law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays and natives of any of the States of Sabah and Sarawak; but no such law shall for the purpose of ensuring such a reservation-, (a)deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or, (b)authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or. (4)If a member of the Legislative Assembly of a State is chosen to be President he shall resign from the Assembly before exercising the functions of his office. (1)This Constitution is the supreme law of the Federation and any law passed after Merdeka Day which is inconsistent with this Constitution shall, to the extent of the inconsistency, be void. For any year before 1974 and, if at the beginning of 1974 the Legislature of the State has power to make laws with respect to the carriage of passengers and goods by land or with respect to mechanically propelled road vehicles or licences connected with those vehicles, then during the continuance of that powers, fees from such licences. (3B)Without prejudice to the power to impose conditions conferred by Clause (3) or (3A), Parliament may by law provide for prohibiting or restricting, in, or except in, such cases as may be provided by or under the law, the levying of royalties on or similar charges in respect of minerals (whether under a lease or other instrument or under any State enactment, and whether the instrument was made or the enactment passed before or after the coming into operation of this Clause). when Malaysia was established). (7)A member of the Legislative Assembly of a State or of the House of Representatives shall not be appointed by the Ruler or Yang di-Pertua Negeri to be a member of a Pardons Board or to exercise temporarily the functions of such a member. (1)The Prime Minister may appoint Parliamentary Secretaries from among the members of either House of Parliament; but if an appointment is made while Parliament is dissolved, a person who was a member of the last House of Representatives may be appointed, but shall not hold office after the beginning of the next session of Parliament unless he is a member either of that House or of the Senate. (b)disputes on any other question between States or between the Federation and any State. (1)If a member of either House of Parliament is without the leave of the House absent from every sitting of the House for a period of six months the House may declare his seat vacant. (i)the President of the Religious Affairs Department; (ii) the Secretary of the Religious Affairs Department; (1)Joint services, common to the Federation and one or more of the States or, at the request of the States concerned, to two or more States, may be established by federal law. (1)The Legislative Assembly shall consist of-, (a)such number of elected members as the Legislature may by law provide; and, (b)such number of other members, being less than the number of elected members, as the Ruler may appoint. (A) 282/70.) (3)Before tendering his advice as to the appointment under Clause (1) of the Chief Judge of a High Court, the Prime Minister shall consult the Chief Judge of each of the High Courts and, if the appointment is to the High Court in Sabah and Sarawak, the Chief Minister of each of the States of Sabah and Sarawak. is entitled to vote in that constituency in any election to the House of Representatives or the Legislative Assembly unless he is disqualified under Clause (3) or under any law relating to offences committed in connection with elections; but no person shall in the same election vote in more than one constituency. (c)Subject to the Federal List, water (including water supplies, rivers and canals); control of silt; riparian rights. (1)No person shall be punished for an act or omission which was not punishable by law when it was done or made, and no person shall suffer greater punishment for an offence than was prescribed by law at the time it was committed. UNHCR is not responsible for, nor does it necessarily endorse, its content. The citation would look like: Book title, article number. (7)The races to be treated for the purposes of the definition of "native" in Clause (6) as indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kalabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits. In case of any conflict or discrepancy between the English text of a written law and any translation thereof, the English text shall prevail. (5)A person who resigns his membership of the Legislative Assembly of this State or any other State, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative Assembly of this State. (2)An advisory board constituted for the purposes of this Article shall consist of a chairman, who shall be appointed by the Yang di-Pertuan Agong and who shall be or have been, or be qualified to be, a judge of the Federal Court, the Court of Appeal or a High Court, or shall before Malaysia Day have been a judge of the Supreme Court, and two other members who shall be appointed by the Yang di-Pertuan Agong. 45, 1970. Part I of this Schedule shall apply to the States of Sabah and Sarawak as it applies to the States of Penang and Malacca. (6)References in this Constitution to any period shall be construed, so far as the context admits, as including references to a period beginning before Merdeka Day. Last Updated: Monday, 28 December 2020, 12:28 GMT, 1951 Convention Relating to the Status of Refugees, 1967 Protocol Relating to the Status of Refugees, 1954 Convention Relating to the Status of Stateless Persons, 1961 Convention on the Reduction of Statelessness, National Legislative Bodies / National Authorities. (3)This Article applies in relation to the Republic of Ireland as it applies in relation to a Commonwealth country. (1)A Ruler is qualified to be elected Yang di-Pertuan Agong unless-, (b)he has notified the Keeper of the Rulers' Seal that he does not desire to be elected; or. (a)Elementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies; (b)Libraries; museums; ancient and historical monuments and records; archaeological sites and remains. (8)Notwithstanding Clause (7) of this Article the period for reviews under Clause (2) for the unit of review of the States of Malaya undertaken after the passing of the Constitution (Amendment) (No. (2)The estimates of expenditure shall show separately-. Any notice to be given by the Minister to any person under Article 27 may be sent to that person at his last known address, or, in the case of a person under the age of twenty-one years (not being a married woman), to his parent or guardian at the last known address of the parent or guardian; and if an address at which notice may be sent to any person under this section is not known and cannot after reasonable inquiry be ascertained, the notice may be given by publication in the Gazette. (5)Clause (4) shall not apply for the purpose of nomination, election or appointment of any person to either House of Parliament, for which purpose the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) of Clause (1) or in Clause (2), as the case may be. (1)The Federal Court shall consist of a president of the Court (to be styled "the Chief Justice of the Federal Court"), of the President of the Court of Appeal, of the Chief Judges of the High Courts and, until the Yang di-Pertuan Agong by order otherwise provides, of [6]four other judges and such additional judges as may be appointed pursuant to Clause (1A). In similar vein, the evolution of the Federal Constitution of Malaysia since Merdeka in 1957 also provides a picture of how our nation has progressed—or regressed, depending on perspective—throughout the 60 years of its existence. (a)any land which was reserved before Merdeka Day in accordance with the provisions of any law then in force in the State for any purpose which has become a federal purpose after Merdeka Day; (b)any land reserved for any federal purpose after Merdeka Day in accordance with the provisions of any law for the time being in force in a State; (c)any State land referred to in the repealed Clause (4) of Article 166; and. (1)Save as provided under Clause (2) of Article 142, a member of a Commission to which this Part applies, other than an ex officio member-. In their application to any of the States not having a Ruler, Articles 83 to 87 shall have effect-, (a)subject to such adaptations (if any) as Parliament may by law provide, being adaptations required to secure that they apply (as nearly as practicable having regard to differences in the system of land tenure) in the same manner as they apply to other States; and. Save as is otherwise expressly provided, whenever forms are prescribed slight deviations therefrom, not affecting the substance or calculated to mislead, shall not invalidate them. (3)A person taking the oath on becoming Chief Judge of a High Court shall do so in the presence of the senior judge available of that High Court. (1)Where a written law confers a power or imposes a duty, then, unless the contrary intention appears, the power may be exercised and the duty shall be performed from time to time as occasion requires. 26/63.) (a)imposing or increasing any tax or abolishing, reducing or remitting any existing tax; (b)the borrowing of money, or the giving of any guarantee, by the Federation, or the amendment of the law relating to the financial obligations of the Federation; (c)the custody of the Consolidated Fund, the charging of any money on the Consolidated Fund or the abolition or alteration of any such charge; (d)the payment of moneys into the Consolidated Fund or the payment, issue or withdrawal from the Consolidated Fund of any moneys not charged thereon, or any increase in the amount of such a payment, issue or withdrawal; (e)the compounding or remission of any debt due to the Federation; (f)the assignment of a tax or fee or the making of a grant to any State; (g)the receipt of moneys on account of the Consolidated Fund or the custody or issue of such moneys or the audit of the accounts of the Federation or a State. (1)It shall be the duty of the Minister to compile and maintain-. 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