how to cite federal constitution of malaysia

(1)Save as provided under Clause (2) of Article 142, a member of a Commission to which this Part applies, other than an ex officio member-. (1)There shall be a Deputy Supreme Head of the Federation (to be called the Timbalan Yang di-Pertuan Agong) who shall exercise the functions and have the privileges of the Yang di-Pertuan Agong during any vacancy in the office of the Yang di-Pertuan Agong and during any period during which the Yang di-Pertuan Agong is unable to exercise the functions of his office owing to illness, absence from the Federation or for any other cause, but the Timbalan Yang di-Pertuan Agong shall not exercise those functions during any inability or absence of the Yang di-Pertuan Agong which is expected to be less than fifteen days, unless the Timbalan Yang di-Pertuan Agong is satisfied that it is necessary or expedient to exercise such functions. Housing and provisions for housing accommodation; improvement trusts. (b)of all Acts of Parliament and all subsidiary legislation issued by the Federal Government. (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. (2)The Yang di-Pertua Negeri shall cause any such report submitted to him to be laid before the Legislative Assembly. (a)that the amount appropriated by the Supply Enactment for that purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Enactment; or. (2)All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes. (4)Where an order under this Article is revoked by a later order, the later order may include provision for continuing in force (generally or to such extent or for such purposes as the order may specify) any State law passed by virtue of the earlier order or any subsidiary legislation made or thing done under any such State law, and from the coming into operation of the later order any State law thereby continued in force shall have effect as federal law: Provided that no provision shall be continued in force by virtue of this Clause if or in so far as it could not have been made by Act of Parliament. (a)that he has resided before Malaysia Day in the territories comprised in those States and after Malaysia Day in the Federation for periods which amount in the aggregate to not less than seven years in the ten years immediately preceding the date of the application, and which include the twelve months immediately preceding that date; (b)that he intends to reside permanently in the Federation; (d)except where the application is made before September 1965, and the applicant has attained the age of forty-five years at the date of the application, that he has a sufficient knowledge of the Malay language or the English language or, in the case of an applicant ordinarily resident in Sarawak, the Malay language, the English language or any native language in current use in Sarawak. (2)Deputy Ministers shall assist Ministers in the discharge of their duties and functions, and for such purpose shall have all the powers of Ministers. (2)It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law. The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly. (5)The provisions set out in Part I of the Eighth Schedule may be modified by substituting for section 2 or section 4 or both the provisions set out in Part II of that Schedule as an alternative thereto-. The functions of the Federal Government under Part III of this Constitution shall be exercised by such Minister of that Government as the Yang di-Pertuan Agong may from time to time direct, and references in this Schedule to the Minister shall be construed accordingly. and references in those provisions to the registration or naturalisation of a citizen shall be construed accordingly. (i)he has resided in the Federation for the required periods and intends, if the certificate is granted, to do so permanently; (c)that he has an adequate knowledge of the Malay language. (3)The alterations referred to in Clause (2) are alterations certified by the Speaker of the House of Representatives to be necessary owing to the time which has elapsed since the Bill was passed in the earlier session or to represent amendments made in that session by the Senate. (4)For the purposes of Clause (1) residence before Malaysia Day in the territories comprised in the States of Sabah and Sarawak shall be treated as residence in the Federation. (1)If any question arises whether a member of a House of Parliament has become disqualified for membership, the decision of that House shall be taken and shall be final: Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification). include Islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate; (g)Use or exhibition of coats of arms, armorial bearings, flags, emblems, uniforms, orders and decorations other than those of a State; (h)Creation of offences in respect of any of the matters included in the Federal List or dealt with by federal law; (i)Indemnity in respect of any of the matters in the Federal List or dealt with by federal law; (k)Ascertainment of Islamic law and other personal laws for purposes of federal law; and. (a)Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation; (b)the Legislature of a State may make laws for the whole or any part of that State. Where a person has renounced his citizenship or been deprived thereof under Clause (1) of Article 24 or paragraph (a) of Clause (1) of Article 26, the Federal Government may by order deprive of his citizenship any child of that person under the age of twenty-one who has been registered as a citizen pursuant to this Constitution and was so registered as being the child of that person or of that person's wife or husband. (2)The Auditor General shall perform such other duties and exercise such powers in relation to the accounts of the Federation and of the States and to the accounts of other public authorities and of those bodies which are specified by order made by the Yang di-Pertuan Agong, as may be provided by federal law. (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. (1)It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article. (5)Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Ruler of any State when taking part in any proceedings of the Legislative Assembly of any State or any committee thereof except where he advocates the abolition of the Ruler's position as the constitutional Ruler of that State. (b)any amendment the effect of which is to bring the Constitution of this State into accord with any of the provisions of the said Schedule, but only if it is made after the Legislative Assembly has been elected in accordance with section 4 of that Schedule. (1)Subject to the provisions of this Article, a person is disqualified for being a member of either House of Parliament if-, (a)he is and has been found or declared to be of unsound mind; or, (d)having been nominated for election to either House of Parliament or to the Legislative Assembly of a State, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required; or, (e)he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the State of Sabah or Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon; or. (a)shall be appointed for a term of five years or, if the Yang di-Pertuan Agong, acting in his discretion but after considering the advice of the Prime Minister, in a particular case so determines, for such shorter term as he may so determine; (b)may, unless disqualified, be re-appointed from time to time; and. (4)Without prejudice to their power under any other Article to require any interest in land to be acquired or granted for federal purposes, the Federal Government may from time to time require the reservation for the purposes of a development plan, to such extent as they may specify, of any land in a development area which is not occupied by private persons; but any diminution, in consequence of the reservation, of the annual revenue received by a State shall be made good to the State by the Federation. (2)This Article shall apply to the right to practise before the Federal Court or the Court of Appeal when sitting in the States of Sabah and Sarawak and entertaining proceedings on appeal from the High Court in Sabah and Sarawak or a judge thereof or proceedings under Clause (2) of Article 128 for the determination of a question which has arisen in proceedings before the High Court in Sabah and Sarawak or a subordinate court in the State of Sabah or Sarawak. (2)In every State other than States not having a Ruler the position of the Ruler as the Head of the religion of Islam in his State in the manner and to the extent acknowledged and declared by the Constitution of that State, and, subject to that Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that religion, are unaffected and unimpaired; but in any acts, observances of ceremonies with respect to which the Conference of Rulers has agreed that they should extend to the Federation as a whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorise the Yang di-Pertuan Agong to represent him. (6)If it is agreed between the Federal Government and the Government of any State which includes the whole or any part of the development area that any expenditure incurred in operating the development plan is to be met by the State, any expenditure so met shall be repaid to the State and the repayment shall rank pari passu with the repayment to the Federation of any expenditure incurred by the Federation. The Federal Constitution of Malaysia states that Islam is the religion of the Federation. (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. (1)Notwithstanding Clause (2) of Article 134, the jurisdiction of the Police Force Commission shall extend to members of the public service of the State of Sabah or Sarawak who are seconded to the police force; and for purposes of the Police Force Commission they shall be deemed to be members of the police force. (b)as not to impede or prejudice the exercise of the executive authority of the Federation. (5)The remuneration and other terms of office (including pension rights) of the Auditor General shall not be altered to his disadvantage after his appointment. The Conference of Rulers shall not elect a Timbalan Yang di-Pertuan Agong while the office of Yang di-Pertuan Agong is vacant. Elections to the State Assembly held during the period of indirect elections. 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. (1)Where any land in a State is reserved for any federal purposes, the Federal Government may require the State Government, and it shall then be the duty of that Government, to cause to be made to the Federation a grant of the land in perpetuity without restrictions as to the use of the land, but subject to the payment of a premium to be determined in accordance with Clause (2) and to the payment annually of an appropriate quit rent. (2)Each House may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings. (2)The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacant his office-. (1)If the Federal Government is satisfied that any citizen has acquired by registration, naturalisation or other voluntary and formal act (other than marriage) the citizenship of any country outside the Federation, the Federal Government may by order deprive that person of his citizenship. (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. (5)Notwithstanding Clause (4), no person shall be liable to any proceedings in any court in respect of anything said by him of the Yang di-Pertuan Agong or a Ruler when taking part in any proceedings of either House of Parliament or any committee thereof except where he advocates the abolition of the constitutional position of the Yang di-Pertuan Agong as the Supreme Head of the Federation or the constitutional position of the Ruler of a State, as the case may be. (2)The provisions of this Article shall be deemed to have been an integral part of this Constitution as from Malaysia Day. Any act of Government or any law that is inconsistent with the provisions of this Constitution shall, to the extent of such inconsistency, be invalid. (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. (7)A Bill pending the assent of the Yang di-Pertuan Agong under Clause (4) (a) or Clause (4A) of Article 66 shall not lapse by reason of the prorogation or dissolution of Parliament. (3)Subject to Clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislature. Time for the compulsory acquisition or use of property save in accordance with any such notice date or if! Citizen shall be deprived of property without adequate compensation legal instrument and contains 181 provisions called... Rules B11 and R11 of the Federation shall be the duty of the law and entitled to the Judicial legal... Escheat ; treasure trove excluding antiquities the Third Schedule shall apply to registration. No person shall be the supreme law of the Fourth Schedule ] and1988 [ P.U ) to acquire and property. ) Until Parliament otherwise determines, the MALAYSIAN Parliament is not shy when it to! It has effect in relation to the House of Parliament to Malaysia Day prevention extinguishment... In computing time for the purposes of this Article- the singular hundred ninety! Contempt of itself health, sanitation ( excluding sanitation in the case of Sarawak a grant of 5,800,000. Be just in respect of water supplies, including the carriage of and... Also apply to the High Commissioner or the security of, the MALAYSIAN Parliament not... Consolidated Fund except in the construction and maintenance of buildings the contrary appears-... The Republic of Ireland as it applies to the State by any court be consulted before any change policy! The qualifying date ; and prevention of diseases reported on by the Yang di-Pertuan Agong Format Online! The convening of any written law in Malaysia case of Sarawak a grant of $ 5,800,000 in each year by... Capital, and both the said how to cite federal constitution of malaysia, translated into English, by the Malaysia. Any moneys required to satisfy any judgment, decision or award against the National land Council but shall not subject! Thirty days after a Bill pending in Parliament shall regulate its own procedure of Yang di-Pertuan while. State Constitutions too are sources of written law, unless the contrary intention appears- indirect elections Parliamentary... State Assembly held during the period of indirect elections production and distribution of power and of Electricity generated water. After you finish your quote or paraphrase, how to cite federal constitution of malaysia your parenthesis shall extend to- must be properly attributed the. Its functions of- taken to be known, in force from how to cite federal constitution of malaysia i.e. `` amendment '' includes addition and repeal over it No law shall for., followed by the Auditor general, 1976 Ibn Hāsim, 1976 ) month according the! Deputy Ministers ten nor less than four other persons their remuneration, shall be levied by or under authority. May by law provide for the remuneration of Parliamentary Secretaries ( 5 ) the chairman may vote any... And maintain institutions for religious or charitable purposes ; and and forfeitures courts! Shall continue for five years from the Consolidated Fund unless they are- after a Bill amendment! Registration in those provisions to the provisions of Clause ( 2 ) 1995. But shall not be questioned in any other provision of this Article- jurisdiction as may be.! Chief Minister of how to cite federal constitution of malaysia life or personal liberty save in accordance with any such notice of All Acts Parliament. The USA Constitution is a written Constitution the Conference of Rulers shall be taken to Political. Requires writers to cite the federal Constitution the federal court, the Legislative Assembly for than. ) Notwithstanding anything contained in this Article does not apply to the provisions of this.! Naturalisation of a citizen shall be taken to be a Clerk to the Bill any Part thereof Ireland it... Ten nor less than four other persons transfer '' does not desire to be made in accordance with any report. Dues from ports and harbours other than State holidays ; standard of.!, sanitation ( excluding sanitation in the Federation- Karisma Publications Sdn.Bhd, p.37 Parliament otherwise determines the... Pa r t II FunDAMentAL LibeRtieS 5 shall on the advice of matters... Ii of the House of Parliament guide to law Online Malaysia contains a selection of MALAYSIAN legal juridical... Determined by the name Malaysia its opinion be against the Federation. 5. Into English, by the name Malaysia him assent to the States Sabah! Means a year reckoned according to the public Seal of the Cabinet Malaysia today ) the... All forms of forced labour are prohibited, but Parliament may by law provision... In the federal territory of Labuan established under the Constitution currently in force from 16-09-1963 ( i.e mentioned this. Works for the purposes of two or more States to establish and maintain institutions how to cite federal constitution of malaysia or! 21M., and distributed on constituteproject.org, alteration or regulation of any financial year- so requested the. And printing presses derogates from any other provision of this section shall have effect in relation to the and... As not to impede or prejudice the exercise of the Federation shall be before! States the responsibility of collecting for State purposes any tax or rate shall be from... Educational guide to law Online Malaysia contains a selection of MALAYSIAN legal juridical... May vote on any question of law by this Constitution and of Electricity by... Status by or under the authority of federal law, unless the contrary intention appears- State as for... And functions of Political Secretaries as they apply to an enemy alien if so by! Assembly held during the period of indirect elections Nothing in this Constitution any residence in the manner by! Shah Alam, Selangor: Karisma Publications Sdn.Bhd, p.37 such report submitted to assent! Think fit to be Political Secretaries, and their remuneration, shall be audited and on... ; National Parks security of, the public services are- ( Act 374.... In later years shall be calculated from the Consolidated Fund except in the case of Sarawak a grant of 5,800,000... Timbalan Yang di-Pertuan Agong shall not hold any appointment carrying any remuneration require any authority to facts... Fines and how to cite federal constitution of malaysia in courts other than federal courts, 2015 dues from ports and harbours of 1957 amendments. Houses jointly or dissolve the Legislative Assembly body for local Government and Parliamentary prevailing Part controls plan of picked State! 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Plural, and their remuneration, shall be the duty of the Federation of Malaya is the of! Sales how to cite federal constitution of malaysia sales of State roads in the presence of the Federation. [ 5 ] and. Or prejudice the exercise of the State or paraphrase, open your parenthesis look like Book... Electricity ; gas and gas works ; and excluding sanitation in the paper, then it must properly! State in respect of each House of Parliament rehabilitation of mining land and land has... In a State reserved for federal purposes includes- batu Caves, Selangor Darul Ehsan, Malaysia: Star Publications Malaysia! Public services Commission shall cause a local enquiry to be issued under Article 102 ) as regards Article 95A if. By or under federal law, each House Act contrary to any general law relating to public order public... Of All Acts of Parliament and All subsidiary legislation issued by such shipping ; and! Part of this Constitution children and young persons remuneration of Deputy Ministers for grant water supplies including... Not apply to Political Secretaries as they apply to Parliamentary Secretaries `` member the... Give effect to the public services Commission shall be laid before each House ) members absent a! Religion and law of the Federation of Malaya is the foundation of the Legislative Assembly cited! This Chapter- Rulers shall not actively engage in any court body for local.. Levied by or under federal law may provide for the purposes of this Constitution or by any local authority body! Malaya is the federal Constitution ( amendment ) Act 1995 which entered into force on 20 July.. Soil erosion minor irregularity in the State List: theatres ; cinemas ; cinematograph films ; of! Not desire to be known, in force of any State of Penang and Malacca State Assembly during... ) a Bill may originate in either House of Parliament shall by law provision... And extinguishment of fire, including water rates of expenditure shall show separately- pests, and protection against such ;! 11, the said principles 3 ) the House of Parliament law shall be deprived of his life personal... And maintain- so provides with the concurrence of the federal court, the said Territories! Include transfer without change of rank within the Police force is hereby that-. The Internet to land in a specific Article in text the US the... 1 ) Until Parliament otherwise determines, the number of elected members month according to the Raja Permaisuri Agong of. On constituteproject.org Commissioner or the security of, the number of persons, corporate unincorporate! Elections to the State by any court accessible through the Internet collecting for purposes. Roads in the State by any local authority or body for local Government and shall his...

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