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Federal Constitution- Part 4

112b. Borrowing powers of States of Sabah and Sarawak

Clause (2) of Article 111 shall not restrict the power of the State of Sabah or Sarawak to borrow under the authority of State law within the State, if the borrowing has the approval of the Central Bank for the time being of the Federation.

EXPLANATORY NOTES:

Article 112b:

Added by Act 26/1963, section 49, in force from 16-9-1963. The words "or of Singapore" which appeared after "Borneo State" and the words ", nor the power of Singapore to borrow under the authority of State law otherwise than within the State, if the borrowing has approval of the Federal Government" which appeared at the end were deleted by Act 59/1966, section 2, in force from 9-8-1965.

Clause (1): The words "the State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/112c.Special grants and assignments of revenue to States of Sabah and Sarawak

112c. Special grants and assignments of revenue to States of Sabah and Sarawak

(1) Subject to the provisions of Article 112D and to any limitation expressed in the relevant section of the Tenth Schedule--

(a) the Federation shall make to the States of Sabah and Sarawak in respect of each financial year the grants specified in Part IV of that Schedule; and

(b) each of those States shall receive all proceeds from the taxes, fees and dues specified in Part V of that Schedule, so far as collected, levied or raised within the State, or such part of those proceeds as is so specified. 

(2) The amounts required for making the grants specified in the said Part IV, and the amounts receivable by the State of Sabah or Sarawak under section 3 or 4 of the said Part V, shall be charged on the Consolidated Fund; and the amounts otherwise receivable by the State of Sabah or Sarawak under the said Part V shall not be paid into the Consolidated Fund.

(3) In Article 110, Clauses (3A) and (4) shall not apply to the State of Sabah or Sarawak.

(4) Subject to Clause (5) of Article 112D, in relation to the State of Sabah or Sarawak Clause (3B) of Article 110--

(a) shall apply in relation to all minerals, including mineral oils; but

(b) shall not authorize Parliament to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may so be levied in any case so that the State is not entitled to receive a royalty amounting to ten per cent ad valorem (calculated as for export duty). 

EXPLANATORY NOTES:

Article 112c:

Added by Act 26/1963, section 46, in force from 16-9-1963.

Clause (1)(a): The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Clause (2):See Article 112d(1).

Clauses (2), (3) and (4): The words "State of Sabah or Sarawak" substituted for "a Borneo State" by Act A514, section 19, in force from 27-8-1976.

Clause (4):See Article 112d(5).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/112d.Reviews of special grants to States of Sabah and Sarawak

112d. Reviews of special grants to States of Sabah and Sarawak

(1) The grants specified in section 1 and subsection (1) of section 2 of Part IV of the Tenth Schedule, and any substituted or additional grant made by virtue of this Clause, shall at the intervals mentioned in Clause (4) be reviewed by the Governments of the Federation and the States or State concerned, and if they agree on the alteration or abolition of any of those grants, or the making of another grant instead of or as well as those grants or any of them, the said Part IV and Clause (2) of Article 112C shall be modified by order of the Yang di-Pertuan Agong as may be necessary to give effect to the agreement:

Provided that on the first review the grant specified in subsection (2) of section 1 of the said Part IV shall not be brought into question except for the purpose of fixing the amounts for the ensuing five years.

(2) Any review under this Article shall take into account the financial position of the Federal Government, as well as the needs of the States or State concerned, but (subject to that) shall endeavour to ensure that the State revenue is adequate to meet the cost of State services as they exist at the time of the review, with such provision for their expansion as appears reasonable.

(3) The period for which provision is to be made on a review shall be a period of five years or (except in the case of the first review) such longer period as may be agreed between the Federation and the States or State concerned; but any order under Clause (1) giving effect to the results of a review shall continue in force after the end of that period, except in so far as it is superseded by a further order under that Clause.

(4) A review under this Article shall not take place earlier than is reasonably necessary to secure that effect can be given to the results of the review from the end of the year 1968 or, in the case of a second or subsequent review, from the end of the period provided for by the preceding review; but, subject to that, reviews shall be held as regards both the States of Sabah and Sarawak for periods beginning with the year 1969 and with the year 1974, and thereafter as regards either of them at such time (during or after the period provided for on the preceding review) as the Government of the Federation or of the State may require.

(5) If on the occasion of any review under this Article the Government of the Federation gives notice to the States or State concerned of their intention to vary any of the assignments of revenue under Part V of the Tenth Schedule (including any substituted or additional assignment made by virtue of this Clause), or to vary Clause (4) of Article 112C, the review shall take the variation into account, and provision shall be made by order of the Yang di-Pertuan Agong so as to give effect to the variation from the beginning of the period provided for on the review:

Provided that this Clause shall not apply to the assignments under sections 4, 7 and 8, and shall not apply to that under section 5 or 6 until the second review.

(6) If on any review the Federal Government and the Government of a State are unable to reach agreement on any matter, it shall be referred to an independent assessor, and his recommendations thereon shall be binding on the governments concerned and shall be given effect as if they were the agreement of those governments.

(7) Clause (4) of Article 108 shall not apply to require the Federal Government to consult the National Finance Council in respect of matters arising under this Article.

(8) Any order of the Yang di-Pertuan Agong under this Article shall be laid before each House of Parliament.

EXPLANATORY NOTES:

Article 112d:

1. Added by Act 26/1963, section 47, in force from 16-9-1963.

2. See Article 112c, 10th Schedule Pt. IV, section 1(2).

Clause (4): The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Clause (5):See Article 112c(4).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/112e.Reviews of special grants to States of Sabah and Sarawak

112e. Reviews of special grants to States of Sabah and Sarawak

(Repealed).

EXPLANATORY NOTES:

Article 112e:

This Article which read as follows was inserted by Act 26/1963, section 48, in force from 16-9-1963, and was repealed by Act 59/1966, section 2, in force from 9-8-1965:

"112e. (1) The Federal Government and the government of Singapore may from time to time enter into agreement providing for all or any of the following matters:

(a) the manner in which the revenue derived by the Federation from Singapore or any part of that revenue is to be collected and accounted for, and the division of it between the Federation and the State; (b) the exercise by the State government or other authority of that State in relation to any such revenue of powers conferred by the laws relating thereto, or the concurrence of that government or any such authority in the exercise of any of those powers; (c) the inclusion of Singapore in a common market with the rest of the Federation, the establishment of a Tariff Advisory Board and the laying down of conditions for the levying of import and export duties in relation to goods imported into or exported from Singapore; (d) excluding or modifying in relation to the State all or any of the provisions of Articles 109 and 110 and the Tenth Schedule; (e) the making of payments (by way of loan or otherwise) by the Federation to the State or by the State to the Federation; (f) determining the revenue which is to be treated for the purposes of any such agreement as derived from Singapore, reviewing the operation of any such agreement and referring to the decision of an independent assessor matters arising on such a review and not settled by agreement, and other matters arising out of or incidental to any such agreement.

(2) The Yang di-Pertuan Agong shall by order make such provision as may be necessary to give effect to any such agreement as is mentioned in Clause (1), including provision modifying in relation to Singapore any law relating to any federal revenue; and any such order shall be laid before each House of Parliament.

(3) An order under Clause (2) may provide that the executive authority of the State shall extend to the administration of any specified provisions of the law relating to any federal revenue, and may for that purpose confer powers and impose duties on any authority of the State.

(4) In relation to Singapore Part III of the Tenth Schedule shall have effect as if the source of revenue specified in section 7 including the property tax levied for local purposes by the State.

(5) The decision of an independent assessor on any matter referred to him on the review of an agreement under this Article shall be binding on the governments concerned and shall be treated for purposes of this Article as the agreement of those governments.

(6) Clause (4) of Article 108 shall not apply to require the Federal Government to consult the National Finance Council in respect of any agreement under this Article.

(7) An agreement made before Malaysia Day shall have effect for the purposes of this Article.

(8) This Article shall cease to have effect as regards the making of any further agreement thereunder--

(a) if at any time there is no agreement in force under this Article; and (b) in such other circumstances as may be provided by an agreement thereunder:

Provided that it shall not under paragraph (a) so cease to have effect pending the completion of a review of the operation of such an agreement (including any reference to an independent assessor).".

EXPLANATORY NOTES:

Part VII:

The heading of Chapter 2 "States of Sabah and Sarawak" substituted for the words "Borneo States" by Act A514, section 19, in force from 27-8-1976.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/113.Conduct of elections

Part VIII ELECTIONS

113. Conduct of elections

(1) There shall be an Election Commission, to be constituted in accordance with Article 114, which, subject to the provisions of federal law, shall conduct elections to the House of Representatives and the Legislative Assemblies of the States and prepare and revise electoral rolls for such elections.

(2) (i) Subject to paragraph (ii), the Election Commission shall, from time to time, as they deem necessary, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.

(ii) There shall be an interval of not less than eight years between the date of completion of one review, and the date of commencement of the next review, under this Clause.

(iii) A review under paragraph (i) shall be completed within a period of not more than two years from the date of its commencement. 

(3) If the Election Commission are of opinion that in consequence of a law made under Article 2 it is necessary to undertake the reviews mentioned in Clause (2), they shall do so, whether or not eight years have elapsed since the last review under that Clause.

(3a) (i) Where the number of elected members of the House of Representatives is altered in consequence of any amendment to Article 46, or the number of elected members of the Legislative Assembly of a State is altered in consequence of a law enacted by the Legislature of a State, the Election Commission shall, subject to Clause (3B), undertake a review of the division into federal or State constituencies, as the case may be, of the area which is affected by the alteration, and such review shall be completed within a period of not more than two years from the date of the coming into force of the law making the alteration.

(ii) A review under paragraph (i) shall not affect the interval provided under paragraph (ii) of Clause (2) in respect of a review under paragraph (i) of that Clause.

(iii) The provisions of the Thirteenth Schedule shall apply to a review under this Clause, but subject to such modifications as may be considered necessary by the Election Commission. 

(3b) Where an amendment to Article 46 or a law enacted by the Legislative Assembly of a State referred to in paragraph (i) of Clause (3A) comes into force after the lapse of eight years from the date of completion of the last review under Clause (2) and the Election Commission are of the opinion that it is necessary to undertake a review under Clause (2), the Election Commission shall not undertake a review under paragraph (i) of Clause (3A) but shall instead undertake a review under Clause (2) and in conducting such review shall take into account any area which is affected in consequence of the amendment or the law referred to in paragraph (i) of Clause (3A).

(4) Federal or State law may authorize the Election Commission to conduct elections other than those referred to in Clause (1).

(5) So far as may be necessary for the purposes of its functions under this Article the Election Commission may make rules, but any such rules shall have effect subject to the provisions of federal law.

(6) There shall be separate reviews under Clause (2) for the States of Malaya and for each of the States of Sabah and Sarawak, and for the purposes of this Part the expression "unit of review" shall mean, for federal constituencies, the area under review and, for State constituencies, the State and the expression "States of Malaya" shall include the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.

(7) Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this Constitution or under the Malaysia Act [Act No. 26 of 1963 ].

(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) Act 1973 shall be calculated from the first delimitation of constituencies for that unit immediately following the passing of that Act.

(9) The date of the commencement of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the publication in the Gazette of the notice referred to in section 4 of the Thirteenth Schedule.

(10) The date of the completion of a review under Clause (2) or Clause (3A), as the case may be, shall be the date of the submission of the report to the Prime Minister under section 8 of the Thirteenth Schedule, and a notice of such date shall be published by the Election Commission in the Gazette.

EXPLANATORY NOTES:

Article 113(1):

1. The words "and delimit constituencies" which appeared after "Legislative Assemblies of the States" were deleted by Act 14/1962, paragraph 20(a), in force from 21-6-1962.

2. See Article 115(2).

3. See Elections Act 1958 [Act 19].

Article 113(2):

1. This Clause as originally in force commenced as follows:

"After the first delimitation of constituencies in accordance with Articles 116 and 117 the Election Commission...".

Act 14/1962, paragraph 20(b), in force from 21-6-1962, substituted the words "Article 171" for "Articles 116 and 117" and paragraph 20(c) substituted the words "and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule" for "and make such changes therein as they may think necessary in order to comply with the provisions of those Articles". Act 26/1963, subsection 10(2), in force from 16-9-1963, deleted the words "After the first delimitation of constituencies in accordance with Article 171" which then appeared at the commencement.

2. The present Clause was inserted by Act A585, paragraph 25(a), in force from 14-4-1984 and replaced the earlier Clause which read as follows:

"(2) The Election Commission shall, at intervals of not more than ten nor, subject to Clause (3), less than eight years, review the division of the Federation and the States into constituencies and recommend such changes therein as they may think necessary in order to comply with the provisions contained in the Thirteenth Schedule; and the reviews of constituencies for the purpose of elections to the Legislative Assemblies shall be undertaken at the same time as the reviews of constituencies for the purpose of elections to the House of Representatives.".

3. See 13th Schedule section 4.

Article 113(3):

The words "or 46" which appeared after "Article 2" were deleted by Act 14/1962, Schedule section 6, in force from 21-6-1962.

Article 113(3a):

1. Added by Act A585, paragraph 25(b), in force from 14-4-1984.

2. The words ", subject to Clause (3b)," were inserted after the words "the Election Commission shall" in paragraph (i) of Clause (3a), by Act A849, section 2, in force from 20-11-1992.

Article 113(3b):

Added by Act A849, section 2, in force from 20-11-1992.

Article 113(4):

1. The present Clause was inserted by Act 14/1962, Schedule section 6, in force from 21-6-1962 and replaced the original Clause which read as follows:

"(4) The Election Commission shall also conduct elections to the municipal council of the federal capital, and State law may authorize the Commission to conduct any other election.".

2. See Local Government Elections Act 1960 [Act473].

Article 113(5):

See Constitution (Election Commission) Rules 1960--L.N. 110/1960.

Article 113(6):

1. Added by Act 26/1963, subsection 10(2), in force from 16-9-1963. The word "and" which appears after "States of Malaya" was inserted and the words "and for the State of Singapore" which appeared after "Borneo States" were deleted by Act 59/1966, section 2, in force from 9-8-1965.

2. The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

3. The words ', and the expression "States of Malaya" shall include the Federal Territory of Kuala Lumpur and Federal Territory of Labuan' were inserted after the words "the State" by Act A585, section 15, in force from 16-4-1984.

4. Subsequently, the words "Federal Territories of Kuala Lumpur, Labuan and Putrajaya" were substituted for the words "Federal Territory of Kuala Lumpur and the Federal Territory of Labuan" by Act A1095, section 19, in force from 1-2-2001.

Notes:

1. Upon the commencement of Act A1095, the area which constitutes the Federal Territory of Putrajaya shall cease to form part of a State constituency, but until the dissolution of the Legislative Assembly of the State of Selangor next following the commencement of this Act, the member of that Assembly elected from such constituency shall, notwithstanding the exclusion of that area from such constituency, continue to be a member of that Assembly.

2. Until the dissolution of Parliament next following the commencement of Act A1095, the federal constituency which includes the area which constitutes the Federal Territory of Putrajaya shall continue to exist and the member elected from such constituency shall continue to be a member of Parliament.

Article 113(7):

Added by Act 26/1963, subsection 10(2), in force from 16-9-1963.

Article 113(8):

Added by Act A206, section 13, in force from 23-8-1973.

Article 113(9) & (10):

Added by Act A585, paragraph 25(c), in force from 14-4-1984.

Notes:

1. Upon the commencement of Act A585 (i.e. 16-4-1984) the area which constitutes the Federal Territory of Labuan shall cease to form part of a State constituency.

2. Until the dissolution of the Legislative Assembly of the State of Sabah, next following the commencement of Act A585, the member of the said Assembly elected from such constituency shall, notwithstanding the exclusion of the said area from the said constituency, continue to be a member of the said Assembly.

For the dissolution of the Legislative Assembly of the State of Sabah see Sabah G.N. No. 141/1985.

3. Until the dissolution of Parliament next following the commencement of that Act, the federal constituency which includes the area which constitutes the Federal Territory of Labuan shall continue to exist and the member elected from the said constituency shall continue to be a member of Parliament.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/114.Constitution of Election Commission

114. Constitution of Election Commission

(1) The Election Commission shall be appointed by the Yang di-Pertuan Agong after consultation with the Conference of Rulers, and shall consist of a chairman, a deputy chairman and five other members.

(2) In appointing members of the Election Commission the Yang di-Pertuan Agong shall have regard to the importance of securing an Election Commission which enjoys public confidence.

(3) A member of the Election Commission shall cease to hold office on attaining the age of sixty-six years or on becoming disqualified under Clause (4) and may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, but shall not be removed from office except on the like grounds and in the like manner as a judge of the Federal Court.

(4) Notwithstanding anything in Clause (3), the Yang di-Pertuan Agong shall by order remove from office any member of the Election Commission if such member--

(a) is an undischarged bankrupt; or

(b) engages in any paid office or employment outside the duties of his office; or

(c) is a member of either House of Parliament or of the Legislative Assembly of a State. 

(4a) In addition to any disqualification provided under Clause (4), the chairman of the Election Commission shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(5) Parliament shall by law provide for the remuneration of members of the Election Commission, and the remuneration so provided shall be charged on the Consolidated Fund.

(5a) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of members of the Election Commission other than their remuneration.

(6) The remuneration and other terms of office of a member of the Election Commission shall not be altered to his disadvantage after his appointment.

(7) Where, during any period, the chairman of the Election Commission has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such functions, a member of the Election Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the chairman during that period.

EXPLANATORY NOTES:

Article 114(1):

1. The word "three other members" which appear at the end were substituted for "two other members" by Act 26/1963, subsection 10(1), in force from 16-9-1963 and subsequently the word "five" was substituted for "three" by Act A1130, section 8, in force from 28-9-2001.

2. The words ", a deputy chairman" were inserted after the word "chairman" by Act A514, section 8, in force from 15-5-1981.

Article 114(3):

1. The words "Federal Court" which appear at the end were substituted for "Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963. Subsequently subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

Act A885, section 12, in force from 24-6-1994, substituted the word "Federal" for the word "Supreme".

2. This Clause was amended by Act A1320, section 2, in force from 27-12-2007, by increasing the age of retirement of the Election Commission from sixty-five years to sixty-six years.

Note:

Section 3 of Act A1320, under the Constitution (Amendment) Act 2007, provides that the new age of retirement applies to a member of the Election Commission appointed after the coming into operation of the proposed Act and a serving member will be given an option to retire at the age of sixty-five years or the new age of retirement.

Article 114(4):

1. The present Clause was inserted by Act 10/1960, section 13, in force from 31-8-1957, and replaced the original Clause which read as follows:

"(4) A person is disqualified for appointment as a member of the Election Commission if he holds any other office of profit or is a member of either House of Parliament or of the Legislative Assembly of any State.".

2. This amendment of the Article has effect notwithstanding anything in Clause (6) of the Article--see Act 14/1962, subsection 21(2).

3. The word "shall" substituted for "may" by Act A514, section 8, in force from 15-5-1981.

Article 114(4)(b):

1. Act A514, section 8, in force from 15-5-1981 replaced the earlier paragraph which read as follows:

"(b) engages in any paid office or employment outside the duties of his office; or"

with the following:

"(b) is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it; or".

2. This is again substituted by the present paragraph as it appears by virtue of Act A566, paragraph 14(1)(a), in force from 16-12-1983.

Article 114(4a):

1. The present Clause was substituted by Act A566, paragraph 14(1)(b), in force from 16-2-1983. The earlier Clause which read as follows was added by Act A514, paragraph 8(d), in force from 15-5-1981:

"(4a) The disqualification in paragraph (b) of Clause (4) shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.".

2. See Election Commission Act 1957 [Act31].

Article 114(5):

See Election Commission Act 1957 [Act31].

Article 114(5a):

1. Added by Act 14/1962, subsection 21(1), in force from 21-6-1962.

2. See Election Commission Act 1957 [Act31].

Article 114(7):

1. Added by Act A354, section 25, in force from 27-8-1976.

2. The words "the deputy chairman shall discharge the functions of the chairman during that period, and if the deputy chairman is also absent or unable to discharge such function," inserted after "to discharge his functions," by Act A514, section 8, in force from 15-5-1981.

Note:

The amendments made to Article 114 by Act A566 shall apply only to a person who is appointed a member of the Election Commission on or after 16-12-1983.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/115.Assistance to Election Commission

115. Assistance to Election Commission

(1) The Election Commission may employ such number of persons, on such terms and subject to such conditions, as the Commission may with the approval of the Yang di-Pertuan Agong determine.

(2) All public authorities shall on the request of the Commission give the Commission such assistance in the discharge of its duties as may be practicable; and in exercising its functions of making recommendations for the delimitation of constituencies for the elections mentioned in Clause (1) of Article 113 the Commission shall seek the advice of two officers of the Federal Government with special knowledge of the topography of, and the distribution of the population in, the unit of review for federal elections, and those officers shall be selected for that purpose by the Yang di-Pertuan Agong.

EXPLANATORY NOTES:

Article 115(2):

The words "making recommendations for the delimitation of constituencies" were substituted for "delimiting constituencies" by Act 14/1962, Schedule section 7, in force from 21-6-1962. The words "unit of review for federal elections, and those officers" were substituted for "Federation, who" by Act 26/1963, section 70, in force from 16-9-1963.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/116.Federal constituencies

116. Federal constituencies

(1) For the election of members to the House of Representatives a unit of review shall be divided into constituencies in accordance with the provisions contained in the Thirteenth Schedule.

(2) The total number of constituencies shall be equal to the number of members, so that one member shall be elected for each constituency, and of that total in the States of Malaya a number determined in accordance with the provisions contained in Article 46 and the Thirteenth Schedule shall be allocated to each State.

(3) (Repealed).

(4) (Repealed).

(5) (Repealed).

EXPLANATORY NOTES:

Article 116:

See 8th Schedule section 4(2); 13th Schedule section 2.

Clause (1): The words "provisions contained in the Thirteenth Schedule" which appear at the end were substituted for "following provisions of this Article" by Act 14/1962, paragraph 22(a), in force from 21-6-1962. The words "a unit of review" which appear after "House of Representatives" were substituted for "the Federation" by Act 26/1963, section 70, in force from 16-9-1963.

Clause (2):(a) The words "the provisions contained in the Thirteenth Schedule" were substituted for "Clause (3)" by Act 14/1962, paragraph 22(b) , in force from 21-6-1962. The words "in the States of Malaya" were inserted by Act 26/1963, section 70, in force from 16-9-1963.

(b) The words "Article 46 and the Thirteenth Schedule" substituted for "the Thirteenth Schedule" by Act A206, section 14, in force from 23-8-1973.

Clauses (3), (4) and (5): These Clauses which read as follows were repealed by Act 14/1962, paragraph 22(c), in force from 21-6-1962:

"(3) Constituencies shall be allocated to the several States in such manner that the electoral quota of each State is as nearly equal to the electoral quota of the Federation as it can be without causing undue disparity between the population quota of that State and the population quota of the Federation.

(4) Each State shall be divided into constituencies in such manner that each constituency contains a number of electors as nearly equal to the electoral quota of the State as may be after making due allowance for the distribution of the different communities and for differences in density of population and the means of communication; but the allowance so made shall not increase or reduce the number of electors in any constituency to a number differing from the electoral quota by more than fifteen per cent.

(5) In this Article--

(a) "electoral quota" means the number obtained by dividing the number of electors in the Federation or a State by the total number of constituencies or, as the case may be, the number of constituencies in that State; (b) "population quota" means the number obtained by dividing the population of the Federation or of a State by the total number of constituencies or, as the case may be, the number of constituencies in that State; and for the purposes of this Article the number of electors shall be taken to be as shown on the current electoral rolls and the population as counted at the most recent census.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/117.State constituencies

117. State constituencies

For the election of members to the Legislative Assembly of a State the State shall be divided into as many constituencies as there are elected members, so that one member shall be elected for each constituency; and the division shall be made in accordance with the provisions contained in the Thirteenth Schedule.

EXPLANATORY NOTES:

Article 117:

1. The words "in accordance with the provisions contained in the Thirteenth Schedule" which appear at the end were substituted for "in the manner provided by Clause (4) of Article 116" by Act 14/1962, Schedule section 8, in force from 21-6-1962.

2. See 13th Schedule section 2.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/118.Method of challenging election

118. Method of challenging election

No election to the House of Representatives or to the Legislative Assembly of a State shall be called in question except by an election petition presented to the High Court having jurisdiction where the election was held.

EXPLANATORY NOTES:

Article 118:

1. The words "the House of Representatives" were substituted for "either House of Parliament" by Act 25/1963, subsection 3(2), in force from 29-8-1963 and the words "the High Court having jurisdiction where the election was held", were substituted for "a judge of the Supreme Court" by Act 26/1963, section 70, in force from 16-9-1963.

2. See Article 120(c).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/118a.Method of questioning election petition of no return

118a. Method of questioning election petition of no return

A petition complaining of no return to the House of Representatives or the Legislative Assembly shall be deemed to be an election petition and the High Court may make such order thereon as it may think fit for compelling a return to be made, but the failure to make a return within any period specified by Article 54 or 55 or by the corresponding provision of the Constitution of any State, as the case may be, shall not be a ground for declaring that a member has not been duly elected.

EXPLANATORY NOTES:

Article 118a:

1. Added by Act 31/1965, subsection 2(2), in force from 1-7-1965.

2. See Article 120(c).

3. The words "or the Legislative Assembly" were inserted immediately after the words "House of Representatives" by Act A704, section 7, in force from 10-6-1988.

4. The words "or by the corresponding provision of the Constitution of any State, as the case may be," were added immediately after the words "Article 54 or 55" by Act A704, section 7, in force from 10-6-1988.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/119.Qualifications of electors

119. Qualifications of electors

(1) Every citizen who--

(a) has attained the age of twenty-one years on the qualifying date;

(b) is resident in a constituency on such qualifying date or, if not so resident, is an absent voter; and

(c) is, under the provisions of any law relating to elections, registered in the electoral roll as an elector in the constituency in which he resides on the qualifying date, 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.

(2) If a person is in a constituency by reason only of being a patient in an establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental illness or mental defectiveness or of being detained in custody he shall for the purposes of Clause (1) be deemed not to be resident in that consituency.

(3) A person is disqualified for being an elector in any election to the House of Representatives or the Legislative Assembly if--

(a) on the qualifying date he is detained as a person of unsound mind or is serving a sentence of imprisonment; or

(b) having before the qualifying date been convicted in any part of the Commonwealth of an offence and sentenced to death or imprisonment for a term exceeding twelve months, he remains liable on the qualifying date to suffer any punishment for that offence. 

(4) In this Article--

(a) "absent voter" means, in relation to any constituency, any citizen who is registered as an absent voter in respect of that constituency;

(b) "qualifying date" means the date on which a person applies for registration as an elector in a constituency, or the date on which he applies for the change of his registration as an elector in a different constituency, in accordance with the provsions of any law relating to elections.

EXPLANATORY NOTES:

Article 119(1):

1. This Clause was inserted by Act 10/1960, paragraph 14(a), in force from 31-5-1960, and replaced the original Clause which read as follows:

"(1) Every citizen who has attained the age of twenty-one years on the qualifying date and has been resident in a constituency for at least six months immediately preceding the qualifying date 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.".

2. This Clause was amended by Act A1130 section 9, in force from 28-9-2001 as follows:

(a) in paragraph (a), the word "and" at the end of the paragraph was deleted; (b) in paragraph (b), by substituting for the comma at the end of the paragraph the word " ;and"; (c) a new paragraph (c) was inserted, as follows:

"(c) is, under the provisions of any law relating to elections, registered in the electoral roll as an elector in the constituency in which he resides on the qualifying date,".

3. See Article 120(c).

Article 119(4):

The words 'and "absent voter" means in relation to any constituency any citizen who is registered as an absent voter in respect of that constituency under the provisions of any law relating to elections' which appear at the end were added by Act 10/1960, paragraph 14(b), in force from 31-5-1960. Subsequently, this Clause was substituted by Act A1130, paragraph 9(b), in force from 28-9-2001. The original Clause read as follows:

"(4) In this Article "qualifying date" means the date by reference to which the electoral rolls are prepared or revised, and "absent voter" means in relation to any constituency any citizen who is registered as an absent voter in respect of that constituency under the provisions of any law relation to elections."

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/120.Direct elections to the Senate

120. Direct elections to the Senate

Where in accordance with Clause (4) of Article 45 provision is made by Parliament for the election of Senators by the direct vote of electors--

(a) the whole of a State shall form a single constituency and each elector shall have as many votes at any election to the Senate as there are seats to be filled in that election; and

(b) the electoral rolls for elections to the House of Representatives shall also be the electoral rolls for elections to the Senate; and

(c) Articles 118, 118A and 119 shall apply in relation to elections to the Senate as they apply in relation to elections to the House of Representatives. 

EXPLANATORY NOTES:

Article 120(c):

The number "118a" was inserted by Act 31/1965, subsection 2(2), in force from 1-7-1965.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/121.Judicial power of the Federation

Part IX THE JUDICIARY

121. Judicial power of the Federation

(1) There shall be two High Courts of co-ordinate jurisdiction and status, namely--

(a) one in the States of Malaya, which shall be known as the High Court in Malaya and shall have its principal registry at such place in the States of Malaya as the Yang di-Pertuan Agong may determine; and

(b) one in the States of Sabah and Sarawak, which shall be known as the High Court in Sabah and Sarawak and shall have its principal registry at such place in the States of Sabah and Sarawak as the Yang di-Pertuan Agong may determine;

(c) (Repealed), and such inferior courts as may be provided by federal law and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law.

(1a) The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Syariah courts.

(1b) There shall be a court which shall be known as the Mahkamah Rayuan (Court of Appeal) and shall have its principal registry at such place as the Yang di-Pertuan Agong may determine, and the Court of Appeal shall have the following jurisdiction, that is to say--

(a) jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decisions of a High Court given by a registrar or other officer of the Court and appealable under federal law to a judge of the Court); and

(b) such other jurisdiction as may be conferred by or under federal law. 

(2) There shall be a court which shall be known as the Mahkamah Persekutuan (Federal Court) and shall have its principal registry at such place as the Yang di-Pertuan Agong may determine, and the Federal Court shall have the following jurisdiction, that is to say--

(a) jurisdiction to determine appeals from decisions of the Court of Appeal, of the High Court or a judge thereof;

(b) such original or consultative jurisdiction as is specified in Articles 128 and 130; and

(c) such other jurisdiction as may be conferred by or under federal law. 

(3) Subject to any limitations imposed by or under federal law, any order, decree, judgment or process of the courts referred to in Clause (1) or of any judge thereof shall (so far as its nature permits) have full force and effect according to its tenor throughout the Federation, and may be executed or enforced in any part of the Federation accordingly; and federal law may provide for courts in one part of the Federation or their officers to act in aid of courts in another part.

(4) In determining where the principal registry of the High Court in Sabah and Sarawak is to be, the Yang di-Pertuan Agong shall act on the advice of the Prime Minister, who shall consult the Chief Ministers of the States of Sabah and Sarawak and the Chief Judge of the High Court.

EXPLANATORY NOTES:

Article 121:

1. The present Article was inserted by Act 26/1963, section 13, in force from 16-9-1963. Act 59/1966, section 2, in force from 9-8-1965 substituted the words "two High Courts" for "three High Courts" in line two and repealed paragraph (c) of Clause (1) which read as follows:

"(c) one in the State of Singapore, which shall be known as the High Court in Singapore".

Clause (1)(b): The words "the States of Sabah and Sarawak" substituted for "the Borneo States" by Act A354, section 43, in force from 27-8-1976.

Clause (1):(a) The words "There shall be" substituted for the words "Subject to Clause (2) the judicial power of the Federation shall be vested in" by Act A704, section 8, in force from 10-6-1988.

(b) The words "at such place in the States as the Yang di-Pertuan Agong may determine" substituted for the words "in Kuala Lumpur" by Act A1260, paragraph 3(a), in force from 19-1-2006. (c) The words "and such inferior courts as may be provided by federal law; and the High Courts and inferior courts shall have such jurisdiction and powers as may be conferred by or under federal law" substituted for the words "and in such inferior courts as may be provided by federal law" by Act A704, section 8, in force from 10-6-1988. (d) The words "There shall be" substituted for the words "The following jurisdiction shall be vested in" by Act A704, section 8, in force from 10-6-1988. (e) The words "and the Supreme Court shall have the following jurisdiction" inserted immediately after the words "Kuala Lumpur" by Act A704, section 8, in force from 10-6-1988. (f) The words "Sabah and Sarawak" substituted for the word "Borneo" by Act A885, section 13, in force from 24-6-1994.

Clause (1a): Added by Act A704, section 8, in force from 10-6-1988.

Clause (1b): 1. Added by Act A885, section 13, in force from 24-6-1994.

2. The words "at such place as the Yang di-Pertuan Agong may determine" substituted for the words "in Kuala Lumpur" by Act A1260, paragraph 3(b), in force from 10-10-2003.

Clause (2):(a) The words "Mahkamah Agung (Supreme Court)" substituted for "Federal Court" by Act A566, section 15, in force from 1-1-1985.

(b) Paragraph (c) inserted by Act A566, section 15, in force from 1-1-1985. (c) The words "at such place as the Yang di-Pertuan Agong may determine" substituted for the words "in Kuala Lumpur" by Act A1260, paragraph 3(b), in force from 10-10-2003.

Note:

Upon sections 15, 16 and 17 of Act A566 coming into force on 1-1-1985, all references in or under the Constitution or in or under any other written law to the Federal Court and judges and officers thereof shall be construed as references to the Supreme Court and judges and officers thereof respectively.

The High Court in Borneo constituted under Clause (1)(b) of Article 121 of the Constitution shall, until such time as the Yang di-Pertuan Agong by order otherwise provides, have jurisdiction in the Federal Territory of Labuan. (See section 16 of Act A585).

(c) The words "Mahkamah Persekutuan (Federal Court)" and "Federal Court" substituted respectively for the words "Mahkamah Agung (Supreme Court)" and "Supreme Court" by Act A885, section 13, in force from 24-6-1994. (d) Paragraph (a) of Clause (2) substituted by Act A885, section 13, in force from 24-6-1994. The original paragraph(a) read as follows:

"(a) exclusive jurisdiction to determine appeals from decisions of a High Court or a judge thereof (except decisions of a High Court given by a registrar or other officer of the court and appealable under federal law to a judge of the Court);".

Clause (4): (a) The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976.

(b) The words "Sabah and Sarawak" and "Judge" substituted respectively for the words "Borneo" and "Justice" by Act A885, section 13, in force from 24-6-1994.

The original Article read as follows:

"121. The judicial power of the Federation shall be vested in a Supreme Court and such inferior courts as may be provided by federal law.".

2. See Courts of Judicature Act 1964 [Act91], Subordinate Courts Act 1948 [Act 92].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/122.Constitution of Federal Court

122. Constitution of Federal Court

(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 four** other judges and such additional judges as may be appointed pursuant to Clause (1A).

(1a) Notwithstanding anything in this Constitution contained, the Yang di-Pertuan Agong acting on the advice of the Chief Justice of the Federal Court may appoint for such purposes or for such period of time as he may specify any person who has held high judicial office in Malaysia to be an additional judge of the Federal Court:

Provided that no such additional judge shall be ineligible to hold office by reason of having attained the age of sixty-six years.

(2) A judge of the Court of Appeal other than the President of the Court of Appeal may sit as a judge of the Federal Court where the Chief Justice considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the Chief Justice.

EXPLANATORY NOTES:

Article 122:

1. This Article was inserted by Act 26/1963, section 15, in force from 16-9-1963. Clause (1a) was added by Act 31/1965, subsection 2(2), in force from 1-7-1965, which also substituted the words "four other judges and such additional judges as may be appointed pursuant to Clause (1a)" for "two other judges" at the end of Clause (1). The words "the Yang di-Pertuan Agong by order otherwise provides" substituted for "Parliament otherwise provides" in Clause (1) by Act A354, section 26, in force from 27-8-1976. The earlier Article as it stood at the date of repeal read as follows:

"122. (1) The Supreme Court shall consist of a Chief Justice and other judges; but the number of the other judges shall not exceed fifteen until Parliament otherwise provides.

(2) The Chief Justice and the other judges of the Supreme Court shall be appointed by the Yang di-Pertuan Agong.

(3) In appointing the Chief Justice the Yang di-Pertuan Agong shall act on the advice of the Prime Minister, after consulting the Conference of Rulers; and in appointing the other judges of the Supreme Court he shall act on the advice of the Prime Minister, after consulting the Conference of Rulers and considering the advice of the Chief Justice.".

2. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. In the shoulder note of Clauses (1), (1a) and (2), the word "Federal" substituted for the word "Supreme" by Act A885, section 14, in force from 24-6-1994.

4. In Clause (1), the words "Chief Justice of the Federal Court, of the President of the Court of Appeal, of the Chief Judges of the High Courts" substituted respectively for the words "Lord President of the Supreme Court, of the Chief Justices of the High Courts" by Act A885, section 14, in force from 24-6-1994.

5. In Clause (1a), the words "Chief Justice of the Federal Court" substituted for the words "Lord President of the Supreme Court" by Act A885, section 14, in force from 24-6-1994.

5a. In the proviso to Clause (1a), was amended by Act A1239, section 2, in force from 21-3-2005, by increasing the age of retirement of a judge from sixty-five years to sixty-six years, consistent with the increase in the age of compulsory retirement of public officers by one year.

6. In Clause (2), the words "the Court of Appeal other than the President of the Court of Appeal" and "Chief Justice" substituted respectively for the words "a High Court other than the Chief Justice" and "Lord President" by Act A885, section 14, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/122a.Constitution of Court of Appeal

122a. Constitution of Court of Appeal

(1) The Court of Appeal shall consist of a chairman (to be styled the "President of the Court of Appeal") and, until the Yang di-Pertuan Agong by order otherwise provides, of ten*** other judges.

(2) A judge of a High Court may sit as a judge of the Court of Appeal where the President of the Court of Appeal considers that the interests of justice so require, and the judge shall be nominated for the purpose (as occasion requires) by the President of the Court of Appeal after consulting the Chief Judge of that High Court.

EXPLANATORY NOTES:

Article 122a:

Added by Act 26/1963, section 16, in force from 16-9-1963. Act 59/1966, section 2, in force from 9-8-1965, repealed Clause (1)(c) which read as follows:

"(c) in the High Court in Singapore, eight.".

Clause (1): The words "the Yang di-Pertuan Agong by order otherwise provides" substituted for "Parliament otherwise determines" by Act A354, section 27, in force from 27-8-1976.

Clause (2):See Article 122b(5).

Clause (3): The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Clause (5) added by Act A354, section 27, in force from 27-8-1976.

Clauses (3) and (5): The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

This Article which read as follows was substituted by Act A885, section 15, in force from 24-6-1994:

"122a. (1) Each of the High Courts shall consist of a Chief Justice and not less than four other judges; but the number of other judges shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed--

(a) in the High Court in Malaya, twelve; and (b) in the High Court in Borneo, eight. (c) (Repealed).

(2) Any person qualified for appointment as a judge of a High Court may sit as a judge of that court, if designated for the purpose (as occasion requires) in accordance with Article 122b.

(3) For the despatch of business of the High Court in Borneo in an area in which a judge of the Court is not for the time being available to attend to business of the court, the Yang di-Pertuan Agong acting on the advice of the Lord President of the Supreme Court, or for an area in either State the Yang di-Pertua Negeri of the State acting on the advice of the Chief Justice of the court, may by order appoint to be judicial commissioner in that area for such period or for such purposes as may be specified in the order an advocate or person professionally qualified to be admitted an advocate of the court.

(4) Subject to any limitations or conditions imposed by the order appointing him, a judicial commissioner shall have power, in the area for which he is appointed, to perform such functions of a judge of the High Court in Borneo as appear to him to require to be performed without delay; and anything done by a judicial commissioner when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court.

(5) For the despatch of business of the High Court in Malaya, the Yang di-Pertuan Agong acting on the advice of the Lord President of the Supreme Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of a High Court; and the person so appointed shall have power to perform such functions of a judge of the High Court in Malaya as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that court."

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/122aa.Constitution of the High Courts

122aa. Constitution of the High Courts

*(1) Each of the High Courts shall consist of a Chief Judge and not less than four other judges; but the number of other judges shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed--

(a) in the High Court in Malaya, forty-seven; and

(b) in the High Court in Sabah and Sarawak, ten. 

(2) Any person qualified for appointment as a judge of a High Court may sit as a judge of that Court if designated for the purpose (as occasion requires) in accordance with Article 122B.

EXPLANATORY NOTES:

Articles 122aa & 122ab:

Added by Act A885, section 16, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/122ab.Appointment of judicial commissioner

122ab. Appointment of judicial commissioner

(1) For the despatch of business of the High Court in Malaya and the High Court in Sabah and Sarawak, the Yang di-Pertuan Agong acting on the advice of the Prime Minister, after consulting the Chief Justice of the Federal Court, may by order appoint to be judicial commissioner for such period or such purposes as may be specified in the order any person qualified for appointment as a judge of a High Court; and the person so appointed shall have power to perform such functions of a judge of the High Court as appear to him to require to be performed; and anything done by him when acting in accordance with his appointment shall have the same validity and effect as if done by a judge of that Court, and in respect thereof he shall have the same powers and enjoy the same immunities as if he had been a judge of that Court.

(2) The provisions of Clauses (2) and (5) of Article 124 shall apply to a judicial commissioner as they apply to a judge of a High Court.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/122b.Appointment of judges of Federal Court, Court of Appeal and of High Courts

122b. Appointment of judges of Federal Court, Court of Appeal and of High Courts

(1) The Chief Justice of the Federal Court, the President of the Court of Appeal and the Chief Judges of the High Courts and (subject to Article 122C) the other judges of the Federal Court, of the Court of Appeal and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

(2) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice of the Federal Court, the Prime Minister shall consult the Chief Justice.

(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.

(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Chief Justice, President or a Chief Judge, the Prime Minister shall consult, if the appointment is to the Federal Court, the Chief Justice of the Federal Court, if the appointment is to the Court of Appeal, the President of the Court of Appeal and, if the appointment is to one of the High Courts, the Chief Judge of that Court.

(5) This Article shall apply to the designation of a person to sit as judge of a High Court under Clause (2) of Article 122AA as it applies to the appointment of a judge of that court other than the Chief Judge.

(6) Notwithstanding the dates of their respective appointments as judges of the Federal Court, of the Court of Appeal or of the High Courts, the Yang di-Pertuan Agong, acting on the advice of the Prime Minister given after consulting the Chief Justice, may determine the order of precedence of the judges among themselves.

EXPLANATORY NOTES:

Article 122b:

1. Added by Act 26/1963, section 17, in force from 16-9-1963. Act 59/1966, section 2, in force from 9-8-1965, amended--

(a) Clause (3), by deleting the words "or in Singapore" which appeared after "High Court in Borneo" and the words "or of Singapore as the case may be" which appeared at the end of the Clause. The words "States of Sabah and Sarawak" substituted for "Borneo States" by Act A514, section 19, in force from 27-8-1976. (b) Clause (4), by substituting the words "Chief Justice of each of the High Courts" for "Chief Justices of all the High Courts".

2. See Articles 122a(2), 122c, 123.

3. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

4. Clause (6): Inserted by Act A566, subsection 16(2), in force from 1-1-1985.

5. In the shoulder note, the words "Federal Court, Court of Appeal and" substituted for the words "Supreme Court and of" by Act A885, section 17, in force from 24-6-1994.

6. Clauses (1) and (4): Substituted by Act A885, section 17, in force from 24-6-1994. The original Clauses read as follows:

"(1) The Lord President of the Supreme Court, the Chief Justices of the High Courts and (subject to Article 122c) the other judges of the Supreme Court and of the High Courts shall be appointed by the Yang di-Pertuan Agong, acting on the advice of the Prime Minister, after consulting the Conference of Rulers.

(4) Before tendering his advice as to the appointment under Clause (1) of a judge other than the Lord President or a Chief Justice, the Prime Minister shall consult, if the appointment is to the Supreme Court, the Chief Justice of each of the High Courts and, if the appointment is to one of the High Courts, the Chief Justice of that court.".

7. Clause (2): The words "Chief Justice" and "Federal" substituted respectively for the words "Lord President" and "Supreme" by Act A885, section 17, in force from 24-6-1994.

8. Clause (3): The words "Judge" and "Sabah and Sarawak" substituted respectively for the words "Justice" and "Borneo" by Act A885, section 17, in force from 24-6-1994.

9. Clause (5): The words "Article 122aa(2)" and "Judge" substituted respectively for the words "Article 122a(2)" and "Justice" by Act A885, section 17, in force from 24-6-1994.

10. Clause (6): The words "Federal Court, of the Court of Appeal" and "Chief Justice" substituted respectively for the words "Supreme Court" and "Lord President" by Act A885, section 17, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/122c.Transfer of judge of one High Court to another

122c. Transfer of judge of one High Court to another

Article 122B shall not apply to the transfer to a High Court, otherwise than as Chief Judge, of a judge of another High Court other than the Chief Judge; and such a transfer may be made by the Yang di-Pertuan Agong, on the recommendation of the Chief Justice of the Federal Court, after consulting the Chief Judges of the two High Courts.

EXPLANATORY NOTES:

Article 122c:

1. Added by Act 26/1963, section 18, in force from 16-9-1963.

2. See Article 112b(1).

3. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

4. The words "Judge", "Chief Justice of the Federal Court" and "Judges" substituted respectively for the words "Justice", "Lord President of the Supreme Court" and "Justices" by Act A885, section 18, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/123Qualifications of judges of Federal Court, Court of Appeal and of High Courts

123 Qualifications of judges of Federal Court, Court of Appeal and of High Courts

A person is qualified for appointment under Article 122B as a judge of the Federal Court, as a judge of the Court of Appeal or as a judge of any of the High Courts if--

(a) he is a citizen; and

(b) for the ten years preceding his appointment he has been an advocate of those courts or any of them or a member of the judicial and legal service of the Federation or of the legal service of a State, or sometimes one and sometimes another. 

EXPLANATORY NOTES:

Article 123:

1. The present Article was inserted by Act 26/1963, section 19, in force from 16-9-1963, and replaced the earlier Article which read as follows:

"123. A person is qualified for appointment as a judge of the Supreme Court if--

(a) he is a citizen; and (b) he has been an advocate of the Supreme Court or a member of the judicial and legal service of the Federation for a period of not less than ten years, or has been the one for part and the other for the remainder of that period.".

2. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. The words "Federal Court, Court of Appeal and" and "Federal Court, as a judge of the Court of Appeal" substituted respectively for the words "Supreme Court and of" and "Supreme Court" by Act A885, section 19, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/124.Oath of office of judges

124. Oath of office of judges

(1) The Chief Justice of the Federal Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule, and shall do so in the presence of the Yang di-Pertuan Agong.

(2) A judge of the Federal Court, the Court of Appeal or a High Court, other than the Chief Justice of the Federal Court, shall before exercising the functions of a judge take and subscribe the oath of office and allegiance set out in the Sixth Schedule in relation to his judicial duties in whatever office.

(2a) A person taking the oath on becoming the President of the Court of Appeal shall do so in the presence of the senior judge available of the Court of Appeal.

(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.

(4) A person taking the oath on becoming a judge of the Federal Court shall do so in the presence of the Chief Justice or, in his absence, the next senior judge available of the Federal Court.

(4a) A person taking the oath on becoming a judge of the Court of Appeal shall do so in the presence of the President of the Court of Appeal or, in his absence, the next senior judge available of the Court of Appeal.

(5) A person taking the oath on becoming a judge of a High Court (but not Chief Judge) shall do so in the presence of the Chief Judge of that Court or, in his absence, the next senior judge available of that Court.

EXPLANATORY NOTES:

Article 124:

1. The present Article was inserted by Act 26/1963, section 20, in force from 16-9-1963, and replaced the earlier Article which read as follows:

"124. The Chief Justice and any other judge of the Supreme Court shall before exercising the functions of his office take and subscribe the oath of office and allegiance set out in the Sixth Schedule--

(a) the Chief Justice in the presence of the Yang di-Pertuan Agong; and (b) any other judge in the presence of the Chief Justice or, in his absence, the next senior judge of the Supreme Court available.".

2. The words "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. Clause (1): The words "Chief Justice of the Federal Court" substituted for the words "Lord President of the Supreme Court" by Act A885, section 20, in force from 24-6-1994.

4. Clause (2): Substituted by Act A885, section 20, in force from 24-6-1994. The original Clause read as follows:

"(2) A judge of the Supreme Court or a High Court, other than the Lord President of the Supreme Court, shall before exercising the functions of a judge take and subscribe that oath in relation to his judicial duties in whatever office, and, having done so, shall not be required to take that oath again on appointment or transfer to another judicial office, not being that of Lord President.".

5. Clause (2a): Inserted by Act A1260, paragraph 4(a), in force from 19-1-2006.

6. Clause (3): The words "Judge" substituted for the word "Justice"; and the words ", unless he takes it in accordance with Clause (4) as a judge of the Supreme Court" deleted by Act A885, section 20, in force from 24-6-1994.

7. Clause (4) :1. The words "Federal" and "Chief Justice" substituted respectively for the words "Supreme" and "Lord President" by Act A885, section 20, in force from 24-6-1994.

2. The words "A person" substituted for the words "Subject to Clause (3), a person" by Act A1260, paragraph 4(b), in force from 19-1-2006.

8. Clause (4a): Inserted by Act A1260, paragraph 4(c), in force from 19-1-2006.

9. Clause (5): 1. The words "the Court of Appeal or" inserted after the words "a judge of"; and the word "Judge" substituted for the word "Justice", by Act A885, section 20, in force from 24-6-1994.

2. The words "the Court of Appeal or" deleted by Act A1260, paragraph 4(d), in force from 19-1-2006.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/125.Tenure of office and remuneration of judges of Federal Court

125. Tenure of office and remuneration of judges of Federal Court

(1) Subject to the provisions of Clauses (2) to (5), a judge of the Federal Court shall hold office until he attains the age of sixty-six years or such later time, not being later than six months after he attains that age, as the Yang di-Pertuan Agong may approve.

(2) A judge of the Federal Court may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong but shall not be removed from office except in accordance with the following provisions of this Article.

(3) If the Prime Minister, or the Chief Justice after consulting the Prime Minister, represents to the Yang di-Pertuan Agong that a judge of the Federal Court ought to be removed on the ground of any breach of any provision of the code of ethics prescribed under Clause (3B) or on the ground of inability, from infirmity of body or mind or any other cause, properly to discharge the functions of his office, the Yang di-Petuan Agong shall appoint a tribunal in accordance with Clause (4) and refer the representation to it; and may on the recommendation of the tribunal remove the judge from office.

(3a) Where a judge has committed a breach of any provisions of the code of ethics prescribed under Clause (3B) but the Chief Justice is of the opinion that the breach does not warrant the judge being referred to a tribunal appointed under Clause (4), the Chief Justice may refer the judge to a body constituted under federal law to deal with such breach.

(3b) The Yang di-Pertuan Agong on the recommendation of the Chief Justice, the President of the Court of Appeal and the Chief Judges of the High Courts may, after consulting the Prime Minister, prescribe in writing a code of ethics which shall also include provisions on the procedure to be followed and sanctions which can be imposed other than the removal of a judge from office under Clause (3), in relation to a breach of any provision of the code of ethics.

(3c) The code of ethics prescribed under Clause (3B) shall be observed by every judge of the Federal Court and every judicial commissioner.

(4) The tribunal appointed under Clause (3) shall consist of not less than five persons who hold or have held office as judge of the Federal Court, the Court of Appeal or a High Court, or, if it appears to the Yang di-Pertuan Agong expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth, and shall be presided over by the member first in the following order, namely, the Chief Justice of the Federal Court, the President and the Chief Judges according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date).

(5) Pending any reference and report under Clause (3) the Yang di-Pertuan Agong may on the recommendation of the Prime Minister and, in the case of any other judge after consulting the Chief Justice, suspend a judge of the Federal Court from the exercise of his functions.

(6) Parliament shall by law provide for the remuneration of the judges of the Federal Court, and the remuneration so provided shall be charged on the Consolidated Fund.

(6a) Subject to the provisions of this Article, Parliament may by law provide for the terms of office of the judges of the Federal Court other than their remuneration.

(7) The remuneration and other terms of office (including pension rights) of a judge of the Federal Court shall not be altered to his disadvantage after his appointment.

(8) Notwithstanding Clause (1), the validity of anything done by a judge of the Federal Court shall not be questioned on the ground that he had attained the age at which he was required to retire.

(9) This Article shall apply to a judge of the Court of Appeal and to a judge of a High Court as it applies to a judge of the Federal Court, except that the Yang di-Pertuan Agong before suspending under Clause (5) a judge of the Court of Appeal or a judge of a High Court other than the President of the Court of Appeal or the Chief Judge of a High Court shall consult the President of the Court of Appeal or the Chief Judge of that High Court instead of the Chief Justice of the Federal Court.

(10) The President of the Court of Appeal and the Chief Judges of the High Courts shall be responsible to the Chief Justice of the Federal Court.

EXPLANATORY NOTES:

Article 125:

Clause (1): 1. Act 14/1962, Schedule section 9, in force from 21-6-1962, substituted the words "the provisions of Clauses (2) to (5)" for the words "the following provisions of this Article" and Act 26/1963, paragraph 22(2)(a), in force from 16-9-1963, substituted the words "Federal Court" for "Supreme Court". Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985. The word "Federal" was substituted for "Supreme" by Act A885, section 21, in force from 24-6-1994.

2. The words "sixty-six years" substituted for "sixty-five years" by Act A1239, section 3, in force from 21-3-2005.

Clause (2): The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, paragraph 22(2)(a), in force from 16-9-1963. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

Clause (3):

1. The words "Lord President" and "Federal Court" were substituted for "Chief Justice" and "Supreme Court" respectively by Act 26/1963, paragraph 22(2)(a), in force from 16-9-1963. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

2. See Article 65(3).

3. The words "Clause (3b)" substituted for the words "Clause (3a)" by Act A1260, paragraph 5(a), in force from 19-1-2006.

Clause (3a): Substituted by Act A1260, paragarph 5(b), in force from 19-1-2006. The original Clause read as follows:

"(3a) The Yang di-Pertuan Agong on the recommendation of the Chief Justice, the President of the Court of Appeal and the Chief Judges of the High Courts, may, after consulting the Prime Minister, prescribe in writing a code of ethics which shall be observed by every judge of the Federal Court."

Clauses (3b) and (3c): Inserted by Act A1260, paragraph 5(c), in force from 19-1-2006.

Clause (4): The words "appointed on the recommendations of the Judicial and Legal Service Commission, being persons" which appeared after "not less than five persons" were deleted and the words "Yang di-Pertuan Agong expedient to make such appointment" were substituted for "Commission expedient so to recommend" by Act 10/1960, paragraphs 16(a) and (b) , in force from 31-5-1960. The words "and shall be presided over by the member first in the following order, namely, the Lord President of the Federal Court, the Chief Justices according to their precedence among themselves, and other members according to the order of their appointment to an office qualifying them for membership (the older coming before the younger of two members with appointments of the same date)" at the end were substituted for "and shall be presided over by the Chief Justice, if he is a member, and, in any other case, by the person first appointed to the said office" by Act 26/1963, paragraph 22(2)(b), in force from 16-9-1963, which also inserted the words "of the Federal Court or a High Court or have before Malaysia Day held office as judge" which appear after "or have held office as judge". The words ", or have before Malaysia Day held office as judge of the Supreme Court" were deleted by Act A566, subsection 16(3), in force from 1-1-1985. The words "The tribunal appointed under Clause (3)" were substituted for "The said tribunal" by Act A1260, paragraph 5(d), in force from 19-1-2006.

Clause (5): The words "Prime Minister, or the Prime Minister after consulting the Chief Justice" were substituted for "Judicial and Legal Service Commission" by Act 10/1960, paragraph 16(c), in force from 31-5-1960. Act 26/1963, paragraph 22(a), in force from 16-9-1963, substituted the words "Lord President" and "Federal Court" for "Chief Justice" and "Supreme Court" respectively and by paragraph 22(c) substituted the words "and, in the case of any other judge" for the words "or the Prime Minister" shown in italics above. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

Clause (6):

1. The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, paragraph 22(2)(a), in force from 16-9-1963. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

2. See Judges' Remuneration Act 1971 [Act45].

Clause (6a): Added by Act 14/1962, section 23, in force from 21-6-1962. The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, paragraph 22(2)(a), in force from 16-9-1963. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

Clauses (7) and (8): The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, paragraph 22(2)(a), in force from 16-9-1963. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

Clause (9): Added by Act 26/1963, subsection 22(3), in force from 16-9-1963.

Clause (10): Added by Act 59/1966, section 2, in force from 19-9-1966 and it was deleted by Act A31, section 4, in force from 19-9-1966 and read as follows:

"(10) A judge of the High Court who is appointed to be a judge of the Federal Court shall cease to be a judge of the said High Court:

Provided that any such judge of a High Court who is so appointed shall continue to be a judge of such High Court for the purpose only of giving judgment in any case tried by him prior to his appointment as a judge of the Federal Court.".

Clauses (1), (2), (3), (4), (5), (6), (6a), (7) and (8): The word "Federal" substituted for the word "Supreme" by Act A885, section 21, in force from 24-6-1994.

Clause (3): The words "Chief Justice" and "any breach of any provision of the code of ethics prescribed under Clause (3a) or on the ground" substituted respectively for the words "Lord President" and "misbehaviour or" by Act A885, section 21, in force from 24-6-1994.

Clause (3a): Added by Act A885, section 21, in force from 24-6-1994.

Clause (4): The words "Chief Justice of the Federal Court, the President and the Chief Judges" substituted for the words "Lord President of the Supreme Court, the Chief Justices" by Act A885, section 21, in force from 24-6-1994.

Clause (5): The words "Chief Justice" substituted for the words "Lord President" by Act A885, section 21, in force from 24-6-1994.

Clause (9): Substituted by Act A885, section 21, in force from 24-6-1994. The original Clause read as follows:

"(9) This Article shall apply to a judge of a High Court as it applies to a judge of the Supreme Court, except that the Yang di-Pertuan Agong before suspending under Clause (5) a judge of a High Court other than the Chief Justice shall consult the Chief Justice of that Court instead of the Lord President of the Supreme Court.".

Clause (10): Added by Act A885, section 21, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/125a.Exercise of powers by judges

125a. Exercise of powers by judges

(1) Notwithstanding anything contained in this Constitution, it is hereby declared that--

(a) the Chief Justice of the Federal Court and a judge of the Federal Court may exercise all or any of the powers of a judge of the Court of Appeal and of a judge of a High Court;

(aa) the President of the Court of Appeal and a judge of the Court of Appeal may exercise all or any of the powers of a judge of a High Court; and

(b) a judge of the High Court in Malaya may exercise all or any of the powers of a judge of the High Court in Sabah and Sarawak, and vice versa. 

(2) The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day.

EXPLANATORY NOTES:

Article 125a:

1. The present Article was inserted by Act A354, section 28, in force from 16-9-1963.

2. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. The words "Exercise of powers by judges" substituted for the shoulder note by Act A885, section 22, in force from 24-6-1994.

4. Paragraph (a) of Clause (1) substituted by Act A885, section 22, in force from 24-6-1994. The original paragraph (a) read as follows:

"(a) the Lord President of the Supreme Court and a judge of the Supreme Court may exercise all or any of the powers of a judge of a High Court.".

5. Paragraph (aa) of Clause (1) added by Act A885, section 22, in force from 24-6-1994.

6. In paragraph (b) of Clause (1), the words "Sabah and Sarawak" substituted for the word "Borneo" by Act A885, section 22, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/126.Power to punish for contempt

126. Power to punish for contempt

The Federal Court, the Court of Appeal or a High Court shall have power to punish any contempt of itself.

EXPLANATORY NOTES:

Article 126:

1. The words "Federal Court or a High Court" were substituted for "Supreme Court" by Act 26/1963, subsection 22(4), in force from 16-9-1963.

2. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. The words "Power to punish for contempt" substituted for the shoulder note; and the words "Federal Court, the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 23, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/127.Restriction on Parliamentary discussion of conduct of judge

127. Restriction on Parliamentary discussion of conduct of judge

The conduct of a judge of the Federal Court, the Court of Appeal or a High Court shall not be discussed in either House of Parliament except on a substantive motion of which notice has been given by not less than one quarter of the total number of members of that House, and shall not be discussed in the Legislative Assembly of any State.

EXPLANATORY NOTES:

Article 127:

1. The words "Federal Court or a High Court" were substituted for "Supreme Court" by Act 26/1963, subsection 22(4), in force from 16-9-1963.

2. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. The words "Federal Court, the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 24, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/128.Jurisdiction of Federal Court

128. Jurisdiction of Federal Court

(1) The Federal Court shall, to the exclusion of any other court, have jurisdiction to determine in accordance with any rules of court regulating the exercise of such jurisdiction--

(a) any question whether a law made by Parliament or by the Legislature of a State is invalid on the ground that it makes provision with respect to a matter with respect to which Parliament or, as the case may be, the Legislature of the State has no power to make laws; and

(b) disputes on any other question between States or between the Federation and any State. 

(2) Without prejudice to any appellate jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Federal Court shall have jurisdiction (subject to any rules of court regulating the exercise of that jurisdiction) to determine the question and remit the case to the other court to be disposed of in accordance with the determination.

(3) The jurisdiction of the Federal Court to determine appeals from the Court of Appeal, a High Court or a judge thereof shall be such as may be provided by federal law.

EXPLANATORY NOTES:

Article 128:

1. The present Article was inserted by Act 26/1963, section 14, in force from 16-9-1963, and replaced the earlier Article which read as follows:

"128. (1) The Supreme Court shall have such original, appellate and revisional jurisdiction as may be provided by federal law.

(2) The Supreme Court shall, to the exclusion of any other court, have jurisdiction in any dispute between States or between the Federation and any State.".

2. See Article 121(2)(b).

Clause (1): The words "in accordance with any rules of court regulating the exercise of such jurisdiction" inserted after "determine" by Act A354, section 29, in force from 27-8-1976.

Clause (2):See Articles 161(4), 161b(2).

3. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

4. In Clauses (1) and (2), the word "Federal" substituted for the word "Supreme" by Act A885, section 25, in force from 24-6-1994.

5. Clause (3) substituted by Act A885, section 25, in force from 24-6-1994. The original Clause (3) read as follows:

"(3) The jurisdiction of the Supreme Court to determine appeals from a High Court or a judge thereof shall be such as may be provided by federal law.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/129.Jurisdiction of Federal Court

129. Jurisdiction of Federal Court

(Repealed).

EXPLANATORY NOTES:

Article 129:

This Article which read as follows was repealed by Act 26/1963, section 14, in force from 16-9-1963:

"129. Without prejudice to any appellate or revisional jurisdiction of the Supreme Court, where in any proceedings before another court a question arises as to the effect of any provision of this Constitution, the Supreme Court may, on the application of either party to the proceedings, determine that question and either dispose of the case or remit it to the other court to be disposed of in accordance with the determination.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/130.Advisory jurisdiction of Federal Court

130. Advisory jurisdiction of Federal Court

The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.

EXPLANATORY NOTES:

Article 130:

1. The words "Federal Court" were substituted for "Supreme Court" by Act 26/1963, subsection 22(5), in force from 16-9-1963. Subsequently, the word "Supreme" was substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

2. See Article 121(2)(b).

3. The word "Federal" substituted for the word "Supreme" by Act A885, section 26, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/131.Advisory jurisdiction of Federal Court

131. Advisory jurisdiction of Federal Court

(Repealed).

EXPLANATORY NOTES:

Article 131:

1. Act 25/1963, section 8, in force from 29-8-1963 deleted the words "or by Clause (2)" which appeared after "allowed by federal law" and Act 26/1963, subsection 22(6), in force from 16-9-1963, substituted "Federal Court" for "Supreme Court".

2. Clause (2) of this Article which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"(2) Until Parliament otherwise provides, an appeal is allowed under this Article in the following cases, that is to say:

(a) in the case of any decision from which an appeal from the Supreme Court of the Federation would have been entertained by Her Majesty in Council (with or without special leave) immediately before Merdeka Day; and (b) in the case of any decision as to the effect of any provision of this Constitution, including any opinion pronounced on a reference under Article 130.".

3. Subsequently, Clauses (1), (3) and (4) which read as follows were repealed by Act A566, section 17, in force from 1-1-1985:

"(1) The Yang di-Pertuan Agong may make arrangements with Her Majesty for the reference to the Judicial Committee of Her Majesty's Privy Council of appeals from the Federal Court; and, subject to the provisions of this Article, an appeal shall lie from that Court to the Yang di-Pertuan Agong in any case in which such an appeal is allowed by federal law, and in respect of which provision for reference to the said Committee is made by or under the enactments regulating the proceedings of the said Committee.

(3) Any appeal under this Article shall be subject to such conditions as to leave or otherwise as may be prescribed by federal law or by or under the enactments regulating the proceedings of the Judicial Committee of Her Majesty's Privy Council.

(4) On receiving from Her Majesty's Government in the United Kingdom the report or recommendation of the said Committee in respect of an appeal under this Article, the Yang di-Pertuan Agong shall make such order as may be necessary to give effect thereto.".

4. See G.N. 1254/1958, L.N. 30/1964 and Courts of Judicature Act 1964 [Act 91], sections 74 to 79.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/131a.Provision for incapacity, etc., of Chief Justice, President or Chief Judge

131a. Provision for incapacity, etc., of Chief Justice, President or Chief Judge

(1) Any provision made by federal law for the functions of the Chief Justice of the Federal Court or the President of the Court of Appeal or the Chief Judge of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by a judge of the Federal Court may extend to his functions under this Constitution.

(2) Any provision made by federal law for the functions of the President of the Court of Appeal or the Chief Judge of a High Court to be performed, in the event of a vacancy in the office or of his inability to act, by another judge of the Court of Appeal or the High Court, as the case may be, may extend to his functions under this Constitution other than functions as judge of the Federal Court.

EXPLANATORY NOTES:

Article 131a:

1. Added by Act 26/1963, section 21, in force from 16-9-1963.

2. The word "Supreme" substituted for "Federal" by Act A566, subsection 16(1), in force from 1-1-1985.

3. In the shoulder note, the words "Chief Justice, President or Chief Judge" substituted for the words "Lord President or Chief Justice" by Act A885, section 27, in force from 24-6-1994.

4. In Clause (1), the words "Chief Justice of the Federal Court or the President of the Court of Appeal or the Chief Judge of a High Court", "a" and "Federal" substituted respectively for the words "Lord President of the Supreme Court", "another" and "Supreme" by Act A885, section 27, in force from 24-6-1994.

5. In Clause (2), the words "President of the Court of Appeal or Chief Judge", "the Court of Appeal or the High Court, as the case may be" and "Federal" substituted respectively for the words "Chief Justice", "that Court" and "Supreme" by Act A885, section 27, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/132.Public services

Part X PUBLIC SERVICES

132. Public services

(1) For the purposes of this Constitution, the public services are--

(a) the armed forces;

(b) the judicial and legal service;

(c) the general public service of the Federation;

(d) the police force;

(e) (Repealed);

(f) the joint public services mentioned in Article 133;

(g) the public service of each State; and

(h) the education service. 

(2) Except as otherwise expressly provided by this Constitution, the qualifications for appointment and conditions of service of persons in the public services other than those mentioned in paragraph (g) of Clause (1) may be regulated by federal law and, subject to the provisions of any such law, by the Yang di-Pertuan Agong; and the qualifications for appointment and conditions of service of persons in the public service of any State may be regulated by State law and, subject to the provisions of any such law, by the Ruler or Yang di-Pertua Negeri of that State.

(2a) Except as expressly provided by this Constitution, every person who is a member of any of the services mentioned in paragraphs (a), (b), (c), (d),(f) and (h) of Clause (1) holds office during the pleasure of the Yang di-Pertuan Agong, and, except as expressly provided by the Constitution of the State, every person who is a member of the public service of a State holds office during the pleasure of the Ruler or Yang di-Pertua Negeri.

(3) The public service shall not be taken to comprise--

(a) the office of any member of the administration in the Federation or a State; or

(b) the office of President, Speaker, Deputy President, Deputy Speaker or member of either House of Parliament or of the Legislative Assembly of a State; or

(c) the office of judge of the Federal Court, the Court of Appeal or a High Court; or

(d) the office of member of any Commission or Council established by this Constitution or any corresponding Commission or Council established by the Constitution of a State; or

(e) such diplomatic posts as the Yang di-Pertuan Agong may by order prescribe, being post which but for the order would be posts in the general public service of the Federation. 

(4) References in this Part, except in Articles 136 and 147, to persons in the public service or to members of any of the public services shall not apply to--

(a) (Repealed);

(b) the Attorney General or, if provisions for the manner of his appointment and removal from office is specifically included in the Constitution of the State, or if he is appointed otherwise than from among the members of the judicial and legal service or of the public service of the State, the legal adviser of any State; or

(c) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Yang di-Pertua Negeri; or

(d) in the case of Malacca and Penang, if provision is made by State law for their appointment--

(i) the President of the Religious Affairs Department;

(ii) the Secretary of the Religious Affairs Department;

(iii) the Mufti;

(iv) the Kadi Besar; or

(v) a Kadi.

EXPLANATORY NOTES:

Article 132(1):

1. The words "police force" in paragraph (d) were substituted for "police service" by Act 10/1960, paragraph 17(a), in force from 31-5-1960.

2. See Articles 134(1), 135(1), (3), 139(1).

3. Clause (1): The word "and" deleted at the end of paragraph (f) and new paragraph (h) inserted by Act A193, section 2, in force from 1-1-1974.

Article 132(2):

1. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

2. See Public Officers (Conduct and Discipline) Regulations 1993--P.U. (A) 395/93.

Article 132(2a):

1. Added by Act 10/1960, paragraph 17(b), in force from 31-5-1960.

2. The words "(e), (f) and (h)" substituted for "(e) and (f)" by Act A193, section 2, in force from 1-1-1974. The words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

Article 132(3):

1. The present Clause was inserted by Act 26/1963, section 58, in force from 16-9-1963 and replaced the earlier Clause which stood as follows at the date of the repeal:

"(3) Subject to Clause (4), references to persons in the public service or to members of any of the public services do not include references to the following, that is to say:

(a) any Minister or Assistant Minister of the Federation and the Chief Minister or any other member of the Executive Council of a State; (b) a member of either House of Parliament or of the Legislative Assembly of a State; (c) the Clerk to either House of Parliament and any member of the staff of Parliament; (d) unless he has been appointed from among the members of the judicial and legal service or of the public service of his State, the legal adviser of any State; (e) a member of the personal staff of the Yang di-Pertuan Agong or of a Ruler or Governor; (f) persons holding such diplomatic posts in the general public service of the Federation as the Yang di-Pertuan Agong may by order prescribe;

nor to a member of any Commission or Council established by this Constitution, except that if he is a member of any of the public services in some other capacity, the said references include references to him in that capacity.".

Article 132(4):

1. The present Clause was inserted by Act 26/1963, section 58, in force from 16-9-1963. Paragraph (d) was added by Act 31/1965, section 2, in force in so far as it relates to Malacca as from 1-5-1960 and in so far as it relates to Penang as from 1-11-1959. In paragraph(c), the words "Yang di-Pertua Negeri" substituted for "Governor" by Act A354, section 42, in force from 27-8-1976.

2. The earlier Clause read as follows:

"(4) Clause (3) does not restrict the application of Articles 136 and 147.".

3. Paragraph (a) in Clause (4) repealed by Act A837, section 6, in force from 20-11-1992.

Articles 132(1), (2a) & (3):

1. In Clause (1), paragraph (e) deleted by Act A885, section 28, in force from 24-6-1994. The original paragraph(e) read as follows:

"(e) the railway service;".

2. In Clause (2a), the letter and punctuation marks "(e) ," deleted by Act A885, section 28, in force from 24-6-1994.

3. In Clause (3), the words "Federal Court, the Court of Appeal" substituted for the words "Supreme Court" by Act A885, section 28, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/133.Joint services, etc.

133. Joint services, etc.

(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.

(2) Where a member of any of the public services is employed--

(a) partly for federal purposes and partly for State purposes; or

(b) for the purposes of two or more States, the proportion, if any, of his remuneration payable by the Federation and the State or States concerned or, as the case may be, by each of the States concerned, shall, subject to federal law, be determined by agreement or, in default of agreement, by the Commission whose jurisdiction extends to him.

EXPLANATORY NOTES:

Article 133:

See Article 132(1)(f).

Clause (2):See Article 179.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/134.Secondment of officers

134. Secondment of officers

(1) The Federation may, at the request of a State, local authority, or statutory authority, or of any organization, in or outside Malaysia, second any member of its public services to the service of that State, authority or organization, as the case may be; and a State may, at the request of the Federation, another State, a local authority, or a statutory authority or of any organization, in or outside Malaysia, second any member of its own public service to the service of the Federation, other State, authority or organization, as the case may be.

(2) A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the Federation, State, authority or organization, as the case may be, to whose service he is seconded.

EXPLANATORY NOTES:

Article 134:

This present Article was inserted by Act A885, section 29, in force from 24-6-1994, and replaced the earlier article which read as follows:

"134. (1) The Federation may, at the request of a State, second any member of any of the services mentioned in paragraph(a), (b), (c) , (d) or (f) of Clause (1) of Article 132 to the service of that State; and a State may at the request of the Federation or of another State second any member of its own public service to the service of the Federation or, as the case may be, of that other State.

(2) A person seconded under this Article shall remain a member of the service to which he belongs, but his remuneration shall be paid by the State to whose service he is seconded or, if he is seconded to the service of the Federation, by the Federation.".

Article 134(2):

See Article 146d(1).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/135.Restriction on dismissal and reduction in rank

135. Restriction on dismissal and reduction in rank

(1) No member of any of the services mentioned in paragraphs (b) to (h) of Clause (1) of Article 132 shall be dismissed or reduced in rank by an authority subordinate to that which, at the time of the dismissal or reduction, has power to appoint a member of that service of equal rank:

Provided that in its application to members of the services mentioned in paragraph (g) of Clause (1) of Article 132 this Clause shall not apply to any law which the legislature of any State, other than Penang and Malacca, may make to provide that all powers and functions of a Public Service Commission of such State, other than the power of first appointment to the permanent or pensionable establishment, be exercised by a Board appointed by the Ruler of such State:

And provided further that this Clause shall not apply to a case where a member of any of the services mentioned in this Clause is dismissed or reduced in rank by an authority in pursuance of a power delegated to it by a Commission to which this Part applies, and this proviso shall be deemed to have been an integral part of this Clause as from Merdeka Day.

(2) No member of such a service as aforesaid shall be dismissed or reduced in rank without being given a reasonable opportunity of being heard:

Provided that this clause shall not apply to the following cases:

(a) where a member of such a service is dismissed or reduced in rank on the ground of conduct in respect of which a criminal charge has been proved against him; or

(b) where the authority empowered to dismiss or reduce in rank a member of such a service is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to carry out the requirements of this Clause; or

(c) where the Yang di-Pertuan Agong, or, in the case of a member of the public service of a State, the Ruler or Yang di-Pertua Negeri of that State, is satisfied that in the interests of the security of the Federation of any part thereof it is not expedient to carry out the requirements of this Clause; or

(d) where there has been made against a member of such a service any order of detention, supervision, restricted residence, banishment or deportation, or where there has been imposed on such a member any form of restriction or supervision by bond or otherwise, under any law relating to the security of the Federation or any part thereof, prevention of crime, preventive detention, restricted residence, banishment, immigration, or protection of women and girls: 

Provided further that for the purpose of this Article, where the service of a member of such a service is terminated in the public interest under any law for the time being in force or under any regulation made by the Yang di-Pertuan Agong under Clause (2) of Article 132, such termination of service shall not constitute dismissal whether or not the decision to terminate the service is connected with the misconduct of or unsatisfactory performance of duty by such member in relation to his office or the consequences of the termination involved an element of punishment; and this proviso shall be deemed to have been an integral part of this Article as from Merdeka Day.

(3) No member of any of the services mentioned in paragraph (c), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.

EXPLANATORY NOTES:

Article 135(1):

1. See Article 144(5a) and (5b).

2. The word "(g)" substituted for "(h)" by Act A193, section 3, in force from 1-1-1974.

3. Proviso to Clause (1) inserted by Act 27/1968, section 2, in force from 9-9-1968 and Act A31, section 5, in force from 24-3-1971.

4. Further proviso to Clause (1) inserted by Act A354, section 30, in force from Merdeka Day.

Article 135(2):

1. Proviso inserted by Act A354, section 30, in force from 27-8-1976. Further proviso inserted by Act A442, section 3, in force from Merdeka Day.

2. See Article 160(5)(b).

Article 135(3):

The present Clause was inserted by Act 26/1963, subsection 53(1), in force from 16-9-1963. The words "paragraph(c) " substituted for "paragraph (e) " by Act A31, section 5, in force from 24-3-1971. The earlier Clause which was repealed by Act 10/1960, section 18, in force from 31-5-1960, read as follows:

"(3) No member of any of the services mentioned in paragraph (e), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/136.Impartial treatment of Federal employees

136. Impartial treatment of Federal employees

All persons of whatever race in the same grade in the service of the Federation shall, subject to the terms and conditions of their employment, be treated impartially.

EXPLANATORY NOTES:

Article 136:

See Articles 132(4), 153(5).

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/137.Armed Forces Council

137. Armed Forces Council

(1) There shall be an Armed Forces Council, which shall be responsible under the general authority of the Yang di-Pertuan Agong for the command, discipline and administration of, and all other matters relating to, the armed forces, other than matters relating to their operational use.

(2) Clause (1) has effect subject to the provisions of any federal law, and any such law may provide for the vesting in the Armed Forces Council of any functions with respect to the armed forces.

(3) The Armed Forces Council shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for defence, who shall be Chairman;

(b) one member representing Their Royal Highnesses, who shall be appointed by the Conference of Rulers;

(c) the Chief of Defence Forces who shall be appointed by the Yang di-Pertuan Agong;

(d) a civilian member, being the person performing the duties of the office of Secretary General for Defence, who shall act as Secretary to the Council;

(e) two senior staff officers of the Federation Armed Forces, appointed by the Yang di-Pertuan Agong;

(f) a senior officer of the Federation Navy, appointed by the Yang di-Pertuan Agong;

(g) a senior officer of the Federation Air Force, appointed by the Yang di-Pertuan Agong;

(h) two, if any, additional members, whether military or civilian, appointed by the Yang di-Pertuan Agong. 

(4) The Armed Forces Council may act notwithstanding a vacancy in its membership and may, subject to this Constitution and to federal law, provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b) the duties and responsibilities of the several members of the Council, including the delegation to any member of the Council of any of its powers or duties;

(c) the consultation by the Council with persons other than its members;

(d) the procedure to be followed by the Council in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;

(e) any other matters for which the Council considers it necessary or expedient to provide for the better performance of its functions. 

EXPLANATORY NOTES:

Article 137(3):

1. The present Clause was inserted by Act 10/1960, section 19, in force from 31-5-1960. The words "Federation Navy" in paragraph (f) and "Federation Air Force" in paragraph (g) were substituted for "Royal Malayan Navy" and "Royal Malayan Air Force" by Act 26/1963, section 70, in force from 16-9-1963. The words "Their Royal Highnesses" in paragraph (b) substituted for "Their Highnesses" by Act A31, section 2, in force from 24-3-1971. The earlier Clause read as follows:

"(3) The Armed Forces Council shall consist of the following members, that is to say--

(a) the Minister for the time being charged with responsibility for defence, who shall be chairman; (b) one member representing Their Highnesses, who shall be appointed by the Conference of Rulers; (c) the General Officer Commanding the Federation Army, who shall be appointed by the Yang di-Pertuan Agong and shall be Chief of Staff of the Federation Armed Forces; (d) the senior staff officer of the Federation Army responsible for personnel and the senior staff officer of the Federation Army responsible for stores, equipment and quarters; (e) any officer appointed by the Yang di-Pertuan Agong to command the Federation Navy or the Federation Air Force; (f) a civilian member, being the person performing the duties of the office of Secretary for Defence, who shall act as secretary to the Council; (g) one, if any, additional member, whether military or civilian, appointed by the Yang di-Pertuan Agong.".

2. See Armed Forces Act 1972 [Act77].

3. The words "Chief of Defence Forces" were substituted for the words "Chief of the Armed Forces Staff" by Act A1130, section 10, in force from 28-9-2001.

Notes:

1. Upon the coming into operation of Act A1130, every reference to the "Chief of the Armed Forces Staff" in all written laws shall be construed as a reference to the "Chief of Defence Forces".

2. Any action taken by, in the name of or against the "Chief of Defence Forces" prior to the coming into operation of Act A1130 shall be deemed to have been validly and lawfully taken if the action could have been validly and lawfully taken by, in the name of or against the Chief of the Armed Forces Staff.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/138.Judicial and Legal Service Commission

138. Judicial and Legal Service Commission

(1) There shall be a Judicial and Legal Service Commission, whose jurisdiction shall extend to all members of the judicial and legal service.

(2) The Judicial and Legal Service Commission shall consist of--

(a) the Chairman of the Public Services Commission, who shall be Chairman;

(b) the Attorney General or, if the Attorney General is a member of Parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General; and

(c) one or more other members who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Chief Justice of the Federal Court, from among persons who are or have been or are qualified to be a judge of the Federal Court, Court of Appeal or a High Court or shall before Malaysia Day have been a judge of the Supreme Court. 

(3) The person who is secretary to the Public Services Commission shall be secretary also to the Judicial and Legal Service Commission.

EXPLANATORY NOTES:

Article 138:

1. This Article was inserted by Act 26/1963, section 52, in force from 16-9-1963.

Clause (2): The word "The" substituted for "subject to Article 146a, the" by Act A354, section 31, in force from 27-8-1976. In paragraph (b), the words "or, if the Attorney General is a member of Parliament or is appointed otherwise than from among members of the Judicial and Legal Service, the Solicitor General" were inserted after "Attorney General" and in paragraph (c), the words "or are qualified to be" were inserted after "who are or have been" by Act A354, section 31, in force from 27-8-1976. The earlier Article which was repealed by Act 10/1960, section 20, in force from 31-5-1960, read as follows:

"138. (1) There shall be a Judicial and Legal Service Commission.

(2) Without prejudice to the functions exercisable by the Judicial and Legal Service Commission under any other Article, the jurisdiction of the Commission shall extend to all members of the Judicial and Legal Service other than the Chief Justice and the other judges of the Supreme Court and the Attorney General.

(3) The Judicial and Legal Service Commission shall consist of--

(a) the Chief Justice, who shall be the Chairman; (b) the Attorney General; (c) the senior puisne judge; (d) the deputy chairman of the Public Services Commission; and (e) one or more other members, who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Chief Justice, from among judges or former judges of the Supreme Court.".

2. See Article 148(1).

Article 138(2)(c):

1. Subsection 18(2) of Act A566, in force from 1-1-1985, provides that a reference to the Federal Court shall now be construed as a reference to the Supreme Court.

2. See also Notes on Article on the preceding page.

3. The words "Chief Justice of the Federal Court" and "Federal Court, Court of Appeal" substituted respectively for the words "Lord President of the Supreme Court" and "Supreme Court" by Act A885, section 30, in force from 24-6-1994.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/139.Public Services Commission

139. Public Services Commission

(1) There shall be a Public Services Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the services mentioned in paragraphs (c) and (f) of Clause (1) of Article 132, other than the Auditor General, to members of the public services of the State of Malacca and the State of Penang, and, to the extent provided by Clause (2), to members of the public service of any other State.

(1a) The jurisdiction of the Public Services Commission shall extend to--

(a) members of the general public service of the Federation who are employed in a federal department in the State of Sabah or Sarawak;

(b) members of the public service of the State of Sabah or Sarawak who are seconded to the general public service of the Federation; and

(c) members of the public service of the State of Sabah or Sarawak serving in federal posts or in any posts which have become federal posts in that State and who have exercised the option to be members of the general public service of the Federation. 

(2) The Legislature of any State other than Malacca and Penang may by law extend the jurisdiction of the Public Services Commission to all or any persons in the public service of that State, but no such law shall take effect earlier than twelve months from the date of its passing; and if at any time there is not, in any such State in which no such law is in force, established and exercising its functions a State Public Service Commission, the jurisdiction of the Public Services Commission shall, if federal law so provides, extend to all members of the public service of that State.

(3) Any extension of the jurisdiction of the Public Service Commission made by the Legislature of any State pursuant to Clause (2) may be revoked or modified by a law passed by the Legislature of such State.

(4) The Public Services Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a chairman, a deputy chairman and not less than four other members; but the number of the other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed thirty.

(5) Either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services.

(6) A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.

EXPLANATORY NOTES:

Article 139:

See Articles 144(5b), 148(1).

Clause (1):

1. The words "paragraphs (c) and (f) " in the original text were amended by Act 10/1960, paragraph 21(a), in force from 31-5-1960, to read "paragraphs(b), (c) and (f)". Act 26/1963, subsection 53(2), in force from 16-9-1963, restored the original version "paragraphs (c) and (f) ".

2. The words "to members of the public services of the State of Malacca and the State of Penang" were substituted for "or members of the public service of the State of Malacca or the State of Penang" by Act 10/1960, paragraph 21(b), in force from 31-5-1960.

3. The letter ", (e)" inserted after the letter "(c)" by Act A514, section 9, in force from 15-5-1981.

4. In Clause (1), the words "paragraphs (c) and (f)" substituted for the words "paragraphs (c), (e) and(f)" by Act A885, section 31, in force from 24-6-1994.

Article 139(1a):

Added by Act A514, section 9, in force from 15-5-1981.

Subsection 9(2) of Act A514, in force from 15-5-1981, read as follows:

"(2) Notwithstanding anything in the Constitution or the Constitution of the State of Sabah or Sarawak, any member of the public services of the State of Sabah or Sarawak serving in any federal posts or in any posts which have become federal posts in that State and who has exercised, in whatever manner or form, any option offered by the Federal Government to be a member of the general public service of the Federation shall be deemed to have opted and accordingly transferred to or appointed as a member of the public service of the Federation.".

Article 139(2):

1. The words "after the relevant date" which appeared after "and if at any time" were deleted by Act 25/1963, section 8, in force from 29-8-1963.

The words "State Public Service Commission" were substituted for "Commission corresponding in status and jurisdiction to the Public Services Commission" by Act 26/1963, section 70, in force from 16-9-1963.

2. See Article 146d(3).

Article 139(3):

1. This Clause which read as follows was repealed by Act 25/1963, section 8, in force from 29-8-1963:

"(3) The relevant date referred to in Clause (2) is whichever of the following is the earlier--

(a) the thirty-first day of December, nineteen hundred and sixty-two; or (b) the date on which there are first in operation as part of the Constitution of the State all the provisions set out in Part I of the Eighth Schedule or provisions substantially to the same effect.".

2. This new Clause inserted by Act 27/1968, section 3, in force from 9-9-1968.

Article 139(4):

1. The words "Subject to Article 146b" appearing at the commencement were inserted by Act 26/1963, subsection 59(1), in force from 16-9-1963. The Act also substituted for the words "eight other members" which appeared at the end of the Clause "ten other members". Act 59/1966, section 2, in force from 19-9-1966, substituted the word "twelve" for "ten".

2. The word "The" substituted for "Subject to Article 146b, the" and the word "thirty" substituted for "twelve" by Act A514, section 9, in force from 15-5-1981.

3. Subsection 9(2) of Act A514, in force from 15-5-1981, read as follows:

"(2) Notwithstanding anything in the Constitution or the Constitution of the State of Sabah or Sarawak, any member of the public services of the State of Sabah or Sarawak serving in any federal posts or in any posts which have become federal posts in that State and who has exercised, in whatever manner or form, any option offered by the Federal Government to be a member of the general public service of the Federation shall be deemed to have opted and accordingly transferred to or appointed as a member of the public service of the Federation.".

4. The words "other members; but the number of other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed thirty" substituted for the words "nor more than thirty other members" by Act A767, section 3, in force from 11-5-1990.

5. See P.U. (A) 149/90.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/140.Police Force Commission

140. Police Force Commission

(1) There shall be a Police Force Commission whose jurisdiction shall extend to all persons who are members of the police force and which, subject to the provisions of any existing law, shall be responsible for the appointment, confirmation, emplacement on the permanent or pensionable establishment, promotion, transfer and exercise of disciplinary control over members of the police force:

Provided that Parliament may by law provide for the exercise of such disciplinary control over all or any of the members of the police force in such manner and by such authority as may be provided in that law, and in that event, if the authority is other than the Commission, the disciplinary control exercisable by such authority shall not be exercised by the Commission; and no provision of such law shall be invalid on the ground of inconsistency with any provision of this Part.

(2) Federal law may provide for the exercise of other functions by the Police Force Commission.

(3) The Police Force Commission shall consist of the following members, that is to say:

(a) the Minister for the time being charged with responsibility for the police, who shall be Chairman;

(b) the officer of police in general command of the police force;

(c) the person performing the duties of the office of Secretary General to the Ministry under the Minister for the time being charged with responsibility for the police;

(d) a member of the Public Services Commission appointed by the Yang di-Pertuan Agong;

(e) not less than two nor more than six other members, appointed by the Yang di-Pertuan Agong. 

(4) The Yang di-Pertuan Agong may designate as special posts the posts of Inspector General of Police, Deputy Inspector General of Police and any other posts in the police force which in his opinion are of similar or superior status; and the appointment to any post so designated shall not be made in accordance with Clause (1) but shall be made by the Yang di-Pertuan Agong on the recommendation of the Police Force Commission.

(5) Before acting in accordance with Clause (4) on the recommendation of the Police Force Commission, the Yang di-Pertuan Agong shall consider the advice of the Prime Minister, and may once refer the recommendation back to the Commission in order that it may be reconsidered.

(6) The Police Force Commission may provide for all or any of the following matters:

(a) the organization of its work and the manner in which its functions are to be performed, and the keeping of records and minutes;

(b) the duties and responsibilities of the several members of the Commission, including the delegation to any member of the Commission or the police force or board of officers of such force or a committee consisting of members of the Commission and of the force of its powers or duties;

(c) the consultation by the Commission with persons other than its members;

(d) the procedure to be followed by the Commission in conducting its business (including the fixing of a quorum), the appointment, at its option, of a vice-chairman from among its members, and the functions of the vice-chairman;

(e) any other matters for which the Commission considers it necessary or expedient to provide for the better performance of its functions. 

(7) In this Article "transfer" does not include transfer without change of rank within the police force.

EXPLANATORY NOTES:

Article 140:

1. The present Article was substituted by Act 10/1960, section 22, in force from 1-4-1961. The earlier Article read as follows:

"140. (1) There shall be a Police Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the police service.

(2) The Police Service Commission shall consist of the following members, that is to say--

(a) a Chairman appointed by the Yang di-Pertuan Agong, who shall be either the Chairman or the Deputy Chairman of the Public Services Commission; (b) a member possessing legal qualifications, who shall be appointed by the Yang di-Pertuan Agong after consultation with the Chief Justice; (c) not less than two nor more than four other members appointed by the Yang di-Pertuan Agong at his discretion but after considering the advice of the Minister for the time being charged with responsibility for the police.".

2. Clause (1): Proviso inserted by Act A354, section 32, in force from 27-8-1976.

3. Clauses (3) and (4):

(a) Act 26/1963, section 70, in force from 16-9-1963, amended--

Clause (3) by substituting the words "officer of police in general command of the police force" for "Commissioner of Police" in paragraph (b) and by substituting the words "not less than two nor more than four" for "two" at the commencement of paragraph (e);

Clause (4) by inserting the words "or superior" after "similar".

(b) Act A354, section 32, in force from 27-8-1976, amended--

Clause (3)(e) by substituting the word "six" for "four";

Clause (4) by substituting the words "Inspector General of Police, Deputy Inspector General of Police" for "Commissioner of Police, Deputy Commissioner of Police".

4. Clause (3)(a):See Article 142(1).

5. Clause (6)(b): The words "or a committee consisting of members of Commission and of the force" were inserted after the words "officers of such force" by Act A585, section 26, in force from 14-4-1984.

6. See Article 148(1).

7. See Police Act 1967 [Act 344].

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/141.Police Force Commission

141. Police Force Commission

(Repealed).

EXPLANATORY NOTES:

Article 141:

See Article 148(1).

Clause (2): The words "in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers", as shown in italics below, were inserted by Act 10/1960, section 23, in force from 31-5-1960.

This Article which read as follows was repealed by Act A514, section 10, in force from 15-5-1981:

"Railway Sercice Commission

141. (1) Subject to Clause (4), there shall be a Railway Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the railway service.

(2) The Railway Service Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a chairman, a deputy chairman and not less than two nor more than six other members; and either the chairman or the deputy chairman shall be, and both may be, appointed from among persons who are, or have at any time within the period of five years immediately preceding the date of their first appointment been, members of any of the public services.

(3) One of the members of the Railway Service Commission shall be appointed from among the members of the Public Services Commission and two of the other members shall, if suitable persons having experience in railway service or railway administration are available, be appointed from among such persons.

(4) A member of any of the public services appointed to be chairman or deputy chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.

(5) If the railway service ceases to be a public service of the Federation Parliament may by law abolish the Railway Service Commission.".

Act A514, section 10, in force from 15-5-1981, which repealed Article 141 made provision in subsection (2) as follows:

"(2) Upon the coming into force of this Act--

(a) any matter or proceeding in respect of any member of the railway service which is pending before the Railway Service Commission shall be proceeded with by the Public Services Commission; (b) any delegation made to any person or Board by the Railway Service Commission under Clause (6) of Article 144 shall continue to have full force and effect unless otherwise revoked; (c) the appointment of any person as a member of the Railway Service Commission shall cease to have effect; and (d) any reference to the Railway Service Commission in any written law shall be construed as reference to the Public Services Commission.".

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/141a.Education Service Commission

141a. Education Service Commission

(1) There shall be an Education Service Commission, whose jurisdiction shall, subject to Article 144, extend to all persons who are members of the service mentioned in paragraph (h) of Clause (1) of Article 132.

(2) The Education Service Commission shall consist of the following members appointed by the Yang di-Pertuan Agong in his discretion but after considering the advice of the Prime Minister and after consultation with the Conference of Rulers, that is to say, a Chairman, a Deputy Chairman and not less than four other members; but the number of the other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed eight.**

(3) A member of any of the public services appointed to be Chairman or Deputy Chairman shall not be eligible for any further appointment in the service of the Federation other than as a member of a Commission to which this Part applies.

EXPLANATORY NOTES:

Article 141a:

See Article 148(1).

This new Article was inserted by Act A193, section 4, in force from 1-1-1974.

Clause (2):(a) The words "not less than four but not more than eight other members" substituted for "four members" by Act A354, section 33, in force from 27-8-1976, and the words ", a Deputy Chairman" inserted after "Chairman" by Act A442, section 4, in force from 31-12-1978.

(b) The words "other members; but the number of the other members shall not, until the Yang di-Pertuan Agong by order otherwise provides, exceed eight" were substituted for the words "but not more than eight other members" by Act A767, section 4, in force from 11-5-1990.

Clause (3): The words "or Deputy Chairman" inserted after "Chairman" by Act A442, section 4, in force from 31-12-1978.

Unannotated Statutes of Malaysia - Principal Acts/FEDERAL CONSTITUTION/FEDERAL CONSTITUTION,,/142.General provisions relating to Commissions

142. General provisions relating to Commissions

(1) Subject to paragraph (a) of Clause (3) of Article 140, a member of either House of Parliament or of the Legislative Assembly of a State shall not be or be appointed to be a member of a Commission to which this Part applies.

(2) Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this Part applies if he is, and shall be removed by order of the Yang di-Pertuan Agong if he becomes--

(a) a member of any of the public services;

(b) an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by law for public purposes;

(c) a member of a trade union or of a body or association affiliated to a trade union. 

(2a) In addition to any disqualification provided under Clause (2), the Chairman or Deputy Chairman of any of the Commissions to which this Part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.

(3) Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain Chairman or Deputy Chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said Commissions.

(3a) Where, during any period, the Chairman of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the Deputy Chairman of that Commission shall discharge the functions of the Chairman during that period, and if the Deputy Chairman is also absent or unable to discharge such functions, a member of the Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the Chairman during that period.

(4) Where, during any period, a member of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions as a member, then--

(a) if he is an appointed member, the Yang di-Pertuan Agong may appoint to exercise his functions during that period any person who would be qualified to be appointed in his place, and the appointment of such a person shall be made in the same manner as that of the member whose functions he is to exercise;

(b) if he is an ex officio member, any person authorized under federal law to perform the functions of his office may during that period perform also his functions as a member of the Commission. 

(5) A Commission to which this Part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a Commission shall be invalidated by reason only that some person not entitled thereto has taken part in them.

(6) Before exercising his functions as a member of any of the said Commissions or under Clause (4) any person other than an ex officio member shall take and subscribe before a judge of the Federal Court, of the Court of Appeal or of a High Court the oath of office and allegiance set out in the Sixth Schedule.

EXPLANATORY NOTES:

Article 142(1):

1. The words "Subject to paragraph (a) of Clause (3) of Article 140," were inserted by Act 10/1960, section 24, in force from 1-4-1961.

2. The words "shall not be or be appointed" substituted for the words "shall not be appointed" by Act A885, section 32, in force from 24-6-1994.

Article 142(2):

The words "and shall be removed by order of the Yang di-Pertuan Agong" substituted for "and shall not remain such a member" by Act A514, section 11, in force from 15-5-1981. Paragraph (b) which read as follows was substituted by Act A514, section 11, in force from 15-5-1981:

"(b) an officer or employee of any local authority or of a body corporate or authority established by law for public purposes;".

Article 142(2)(b):

The present paragraph was inserted by Act A566, paragraph 19(1)(a), in force from 16-12-1983, and replaced the earlier Article which read as follows:

"(b) a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it;".

Article 142(2a):

1. The present Clause was inserted by Act A566, paragraph 19(1)(a), in force from 16-12-1983, and replaced the earlier Clause which was inserted by Act A514, section 11, in force from 15-5-1981, which read as follows:

"(2a) The disqualification in paragraph (b) of Clause (2) shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.".

2. The words "or deputy chairman" inserted immediately after the word "chairman" by Act A704, section 9, in force from 10-6-1988.

Article 142(3a):

Added by Act A514, section 11, in force from 15-5-1981.

Note:

The amendments made in Articles 142(2)(b) and (2a) by Act A566 shall apply only to a person who is appointed a member of any of the Commissions on or after 16-12-1983.

Article 142(4)(b):

See Article 146c(2).

Article 142(6):