OF
CONSTITUTION
OF THE STATE
SELANGOR
LAWS OF THE CONSTITUTION OF SELANGOR, 1959
TABLE OF CONTENTS
PRELIMINARY
Article
1. Short title and commencement.
2. Amendment.
THE FIRST PART OF THE LAWS OF THE CONSTITUTION
3. The First Part of the Laws.
4. Interpretation.
CHAPTER 1 THE SULTAN
5. Sultan and Heirs.
6. Descendants of Sultan Hisamuddin Alam Shah.
7. Descendants of Al-Marhum Sultan Ala'iddin Sulaiman Shah, etc.
8. Failure of descendants of Al-Marhum.
9. Minority of Sultan.
9 A. Installation of the Sultan and Tengku Ampuan.
10. Sultan's prolonged absence.
11. Abdication of Sultan.
12. Appointment of Sultan in case of prolonged absence or abdication.
13. Succession on failure of eligible heirs or refusal to confirm any of the eligible heirs.
CHAPTER 2 THE HEIR
14. Title of the Heir to the throne.
15. Heirs not to interfere in State affairs.
16. Qualifications of Heir.
17. Descendant of Sultan Hisamuddin Alam Shah,
18. Descendant of Al-Marhum Sultan Ala'iddin Sulaiman Shah, Al-Marhum Sultan Abdul Samad, Al-Marhum Sultan Muhammad Shah, Al-Marhum Sultan Ibrahim Shah and Al-Marhum Sultan Salehuddin.
19. Heir's prolonged absence.
Article
20. Abdication of Heir.
CHAPfER 3 REGENCY
21. Regency.
22. Regent as member of Conference of Rulers.
CHAPfER 4 DEWAN DI-RAJA
23. Establishment of Dewan di-Raja.
24. Membership and appointment. 24A. Oath by Members.
25. Continuance on demise of Sultan.
26. Tenure of office of members.
27. Vacancy.
28. Summoning and quorum.
29. Sultan to preside.
30. Death or abdication of Sultan.
31. Secretary.
32. Submission of questions.
33. Sultan may act in opposition.
34. Minutes.
35. Official language.
36. Procedure and Appointment of Committee.
37. Voting.
CHAPfER 5 TITLES AND HONOURS
38. Sultan fountain of Honours and Dignities.
39. Power to degrade.
40. Sultan's Court and Palace.
CHAPfER 6
CONSORT OF THE SULTAN AND RAJA MUDA
41. Appointment of Consort of Sultan.
42. Cessation of appointment.
Article
43. First Holder.
44. Appointment of Consort of Raja Muda.
THE SECOND PART OF THE LAWS OF THE CONSTITUTION OF SELANGOR, 1959 THE MACHINERY OF GOVERNMENT
45. The Second Part of the Laws.
46. Interpretation.
CHAPTER 1 RELIGION OF THE STATE
47. Religion of the State.
48. Sultan as Head of Religion of the State.
CHAPTER 2 THE STATE SEAL
49. The State Seal.
CHAPTER 3 EXECUTIVE
50. Executive Authority.
51. Appointment ofMenteri Besar.
52. Appointment of State Secretary, Legal Adviser and Financial Officer.
53. The Executive Council.
54. Oath of Office.
55. Sultan to act on advice.
56. Quorum of the State Executive Council.
57. Appeals to State Executive Council.
58. Minutes.
59. Official language of the State Executive Council.
CHAPTER 4
THE POWER OF PARDON
60. Power of pardon, etc.
CHAPTER 5 THE LEGISLATURE
61. The Legislature of the State.
Article
62. Composition of Legislative Assembly.
63. Qualification of members.
64. Disqualification for membership of Legislative Assembly.
65. Provision against double membership.
66. Effect of death, disqualification.
67. Decision as to disqualification.
68. Resignation of members.
69. Absence of a member.
70. Summoning, prorogation and dissolution of Legislative Assembly.
71. Speaker of the Legislative Assembly.
72. Oath by Members.
73. Address by His Highness.
74. Remuneration of members
75. Procedure of Legislative Assembly.
76. Quorum.
77. Privileges of Legislative Assembly.
78. Exercise of Legislative Power.
79. Publication of Bills.
80. Private Bills.
81. Words of Enactment.
82. Language.
83. Minutes.
CHAPTER 6 FINANCE
84. No taxation unless authorised by law.
85. Expenditure charged on Consolidated Fund.
86. Annual fmancial statement.
87. Supply Bills.
88. Supplementary and excess expenditure.
89. Withdrawals from the Consolidated Fund.
CHAPfER 7 CAPACITY OF THE STAlE
90. Capacity of the State as respects property, contracts and suits.
Article
CHA.PrER 8
SPECIAL POSmONS RELATING TO THE MALAYS
91. Reservation of quotas in respect of services, permits, etc., for Malays.
CHA.PrER 9 GENERAL PROVISIONS
92. Impartial treatment of State employees.
93. The State Motto, flags and emblems.
94. Interpretation.
95. Interpretation of the Constitution by the Federal Court.
96. Prerogatives of His Highness reserved.
CHAPTER 10
STATE SERVICE COMMISSION
97. State Service Commission.
CHA.PrER 11 AMENDMENTS OF THE CONSTITUTION
98. Amendments of the Constitution.
CHAPTER 12 TRANSITIONAL PROVISIONS
99. Temporary provision as to the composition of the State Executive Council.
CHA.PrER 13
REPRINT AND AUTHORITATIVE TEXT OF THE CONSTITUTION
100. Reprint and authoritative text of the Constitution.
THE SCHEDULE (Article 77)
POWERS AND PRIVILEGES OF THE LEGISLATIVE ASSEMBLY
LAWS OF THE CONSTITUTION OF SELANGOR, 1959
T.ALAMSHAH (RULER'S SIGN MANuAL)
(STATE SEAL)
In the name of GOD, the Compassionate, the Merciful, PRAISE be to GOD, the Lord of the Universe, and may the benediction and peace of GOD be upon Our Leader Muhammad and upon all His Relations and Friends.
BY THE GRACE OF GOD mSAMUDDIN ALAM SHAH IDNI AL-MARHUM SULTAN ALA'IDDIN SULAIMAN SHAH (Darjah Utama Seri Mahkota Negara, Darjah Kerabat Brunei), of the State of Selangor and all its Dependencies, Sultan and Ruler:
WHEREAS by an Agreement hereinafter referred to as the Federation of Malaya Agreement, 1957, made on the fifth day of August, 1957, between Her Majesty of the one part and Their Highnesses the Rulers of the States of Johore, Pahang, Selangor, Kedah, Pedis, Kelantan, Trengganu and Perak: and His Highness the Yang di-Pertuan Besar and the Ruling Chiefs of the State of Negeri Sembilan of the other part, fresh arrangements have been agreed upon for the peace order and good government of the territories comprised in the Federation of Malaya:
ANn WHEREAS by the Federation of Malaya Agreement, 1957, it is agreed by the parties thereto that is from the thirty-first day of August, 1957, the Malay States of Johore, Pahang, Negeri Sembilan, Selangor, Kedah, Perlis, Kelantan, Trengganu and Perak: and the former Settlements of Penang and Malacca shall be formed into a new Federation State by the name of Persekutuan Tanah Melayu (Federation of Malaya) under the Federal Constitution set out in the First Schedule in the said Agreement; and that thereupon the said Settlements of Penang and Malacca shall cease to form part of Her Majesty's dominion and Her Majesty shall cease to exercise any sovereignty over them and all power and jurisdiction of Her Majesty and of the Parliament of the United Kingdom in or in respect of the said Settlements or the Malay States or the Federation as a whole shall come to an end; and that subject to the provisions of the said Federal Constitution and to the Fourth Schedule to the said Agreement the Federation of Malaya Agreement, 1948, and all other agreements subsisting between Her Majesty and Their Highnesses the Rulers or any of them immediately before the said thirty-first day
of August shall be revoked as from that day; and that the provisions of the said Agreement are conditional upon the approval of the said Federal Constitution by Federal Ordinance and by an Enactment of each of the Malay States:
.AND WHEREAS the Federal Constitution set out in the First Schedule to the Federation of Malaya Agreement, 1957, as aforesaid, has been approved by an Ordinance of the Federal Legislature and by an Enactment of the State of Selangor:
.AND WHEREAS by Article III of the First and Second Parts respectively of the Laws of the Constitution of Selangor, 1948 and 1950, We reserve to Ourselves and Our Successors the power with the advice and concurrence of the Council of State to be signified by resolution upon a motion proposed for decision in that Council, from time to time to add to, amend, extend and revoke any or all of the provisions of the Constitution as shall to Us and Our Successors seem fit:
.AND WHEREAS WE deem it now expedient in order to conform to the provisions of the said Federal Constitution to amend and to extend the First and Second Parts of the Laws of the Constitution of Selangor, 1948 and 1950:
Now THEREFORE WE, by the rights and powers of Our Prerogatives as Sultan and Ruler of the State of Selangor after consulting the State Executive Council and with the advice and concurrence of our Council of State signified by a resolution upon a motion proposed for decision in that Council on the twenty-sixth day of February, 1959, DO HEREBY DECLARE AND ORDAIN in Our name and on Our behalf and for and on behalf of Our Successors as hereinafter follows:
PRELIMINARY 1. Short title and commencement. .
This Law may be cited as the Laws of the Constitution of Selangor, 1959, and shall be in such Parts as herein provided and shall be read subject to the Federal Constitution and shall come into force on 1st day of April, 1959.
2. Amendment.
The First Part and the Second Part of the Laws of the Constitution of Selangor 1948 and 1950 as amended from time to time are hereby revoked and the following two Parts substituted therefor.
THE FIRST PART OF THE LAWS OF THE CONSTITUTION
3. The First Part of the Laws.
This Part of the Constitution shall be called the First Part of the Undang-Undang Tubuh Kerajaan, Selangor, to be called in English, the Laws of the Constitution of Selangor (hereinafter referred to as this Part).
4. Interpretation.
(1) In this Part unless the context otherwise requires-
"Dewan di-Raja" means the body established under Article 23
of this Part; .
"Elders" include any of the male Selangor Malays professing the Muslim Religion of the Shafei Muzahab of not less than 35 years of age, and acknowledged to be legitimately and lawfully begotten and in addition able to read and write the Malay language and possessing a reputation, an understanding, a nature, temper, disposition and deportment which are good and praiseworthy;
"Hukum Shara" means the body of law known in English as Muhammadan Laws;
"Kerabat di-Raja" means any of the lawful brothers of the reigning Sultan;
"Orang-Orang Besar" means the Territorial Chiefs of Hulu Selangor, Kuala Selangor, Kuala Lumpur, Klang, Hulu Langat and Kuala Langat, and any other Malay on whom there has been conferred or there shall be conferred hereafter a title of honour not lower in status and personal emoluments than those of the Dato' Maharaja Lela Setia Paduka;
"Sultan" means the Ruler of Selangor and includes His Successors;
"Warith", to be called in English the Heir, means the HeirApparent to the Throne and Sultanate of Selangor;
"Warith yang lain", to be called in English the other Heirs, means those persons who follow the Heir-Apparent to the Throne and Sultanate of Selangor.
(2) Where any word or expression used in this Part is defined in
the Second Part of this Law it shall be deemed to have the same meaning in this Part.
CHAPfER 1 THE SULTAN
5. Sultan and Heirs.
Save as otherwise provided in Article 8 the Sultan shall be a person who is a Malay, of Royal Blood, a descendant of Selangor Sultan, a male, and professes the Muslim Religion; and the Heir and each of the other Heirs shall also be such a person.
6. Descendants of Sultan Hisarnuddin Alam Shah.
(1) Subject to the provisions contained in Articles 7 and 8 the Sultan (after the present Sultan) shall be a lawfully begotten and acknowledged descendant of the body and flesh and blood of HIS HIGHN,ESS SULTAN HISAMUDDIN ALAM SHAH mNI ALMARHUM SULTAN ALA'IDDIN SULAIMAN SHAH.
(2) The descendant who shall be eligible to become the Sultan shall be a son, grandson, great-grandson and so on of the male line, first one generation after another until the last, that is to say, it shall not on any account be permitted and it shall be unlawful to confirm or choose and appoint as Sultan any person other than a descendant of Sultan Hisamuddin Alam Shah, so long as a descendant as above of His said Highness exists:
Provided that a descendant of His said Highness shall not be eligible, if he is considered and determined, after full and complete enquiry by the Dewan di-Raja to have some great and serious defect, derogatory to the quality of a Sultan, that is to say any infrrmity such as insanity, blindness, dumbness or possessing some base qualities on account of which he would not be permitted by the Hukum Shara to become a Sultan.
7. Descendants of Al-Marhum Sultan Ala'iddin Sulaiman Shah,etc .
. (1) If at any time the male lineal descendants of His Highness Sultan Hisamuddin Alam Shah should become totally extinct, or if there should remain one but he should be unworthy to be made Sultan owing to the reasons defined in Article 6, it shall be necessary to choose and appoint as Sultan any person from among the male lineal
descendants of AL-MARHl1M Sl1LTAN ALA'IDDIN SOLAIMAN SHAH.
(2) If there should be no male lineal descendant of Al-Marhum Sultan Ala'iddin Sulaiman Shah or if there should not be any of the male lineal descendants of Al-Marhum Sultan Ala'iddin Sulaiman Shah considered eligible owing to the reasons defmed in Article 6, it shall be necessary to choose and appoint as Sultan any person from among the male lineal descendants of AL-MARHUM SULTAN ABDULSAMAD.
(3) If there should be no male lineal descendant of Al-Marhum Sultan Abdul Samad or if there should not be any of the male lineal descendants of Al-Marhum Sultan Abdul Samad considered eligible owing to the reasons defmed in Article 6, it shall be necessary to choose and appoint as Sultan any person from among the male lineal descendants of AL-MARHOM SOLTANMUHAMMAD SHAH.
(4) If there should be no male lineal descendant of Al-Marhum Sultan Muhammad Shah or if there should not be any of the male lineal descendants of Al-Marhum Sultan Muhammad Shah considered eligible owing to the reasons defined in Article 6, it shall be necessary to choose and appoint as Sultan any person from among the male lineal descendants of AL-MARHOM SOLTAN mRAHIM SHAH.
(5) If there should be no male lineal descendant of Al-Marhum Sultan Ibrahim Shah or if there should not be any of the male lineal descendants of Al-Marhum Sultan Ibrahim Shah considered eligible owing to the reasons defmed in Article 6, it shall be necessary to choose and appoint as Sultan any person from among the male lineal descendants of AL-MARHUM SOLTAN SALEHUDDIN.
(6) No person shall be chosen and appointed as Sultan by virtue of the provisions contained in this Article unless he is a male of acknowledged genuine and lawful blood.
8. Failure of descendants of Al-Marhum.
(1) If there shall be no person eligible under the provisions of Article 7 the choice and appointment of the Sultan shall be left to the , consideration, judgment and decision of the Dewan di- Raja:
Provided that the person to be chosen and appointed shall be a male of mature age, sound mind, of the Malay race and born in the
State of Selangor, a subject of the former Sultan, professing the Muslim religion, of good blood, and acknowledged to be legitimately and lawfully begotten, and in addition able to read and. write the Malay language, and possessing a reputation, an understanding, a nature, temper, disposition and deportment which are good and praiseworthy.
(2) If the person chosen and appointed Sultan shall not be of Royal Blood, the provisions of Article 5 shall not apply but the case shall be deemed to be a lawful exception thereto.
9. Minority of Sultan.
(1) The Sultan, if raised to the throne before he has completed the full age of twenty-one years, according to Muslim reckoning, shall not be accounted an adult, and, during the period of his minority, there shall be appointed a person to act as Regent or a Council of Regency consisting of not less than three members.
(2) The Regent and the members of the Council of Regency shall be of the Malay race and born in the State of Selangor, professing the Muslim Religion, and subjects of the Sultan, but not necessarily of Royal Blood.
(3) Notwithstanding the provisions of Article 21, the Regent or the members of the Council of Regency shall be chosen by the Dewan di-Raja and shall be appointed by instrument under the State Seal signed by the Menteri Besar, which appointment shall be notified in the Gazette.
(4) The Regent shall be held answerable for all the acts of the Sultan during his minority in State affairs, and, if these acts should be contrary to the custom of the State and to the Laws of the Constitution of Selangor, the Dewan di-Raja may remove the Regent or any member of the Council of Regency and appoint another in his place.
9A. Installation of the Sultan and Tengku Ampuan.
(1) The Sultan shall be installed according to the custom of the State within four years from the date of His Confirmation and Proclamation as Sultan or, with the consent of the Dewan di-Raja, within such period from the date of His completing the full age of twentyone years.
(2) Before His Installation, the Sultan shall appoint His Consort
to be Tengku Ampuan who shall thereafter be installed together with the Sultan according to the custom of the State:
Provided that if the Sultan has no Consort or if there is no Consort qualified to be appointed as the Tengku Ampuan in accordance with the provisions of Article 41, the Sultan shall within the period specified in Clause (Ijmarry a Consort qualified to be appointed as the Tengku Ampuan.
(3) If the Sultan is not installed within the period specified in Clause (1) he shall be deemed to have abdicated and relinquished His Royal rights and powers, and the provisions of Clause (4) of Article 11 shall apply accordingly.
10. Sultan's prolonged absence.
(1) The Sultan shall not absent himself from the State of Selangor for more than twelve consecutive calendar months and, if he does so,
a Successor shall be chosen and appointed in accordance with the provisions of this Part, unless it seems to the Dewan di-Raja that the prolonged absence of the Sultan is due to a sufficient and excusable cause.
(2) If the Sultan shall so absent himself, he shall be deemed no longer to be the Sultan and to have withdrawn from the State and from his rights and claims on the State:
Provided that the Legislative Assembly may by law provide for the maintenance of such Sultan an allowance not being more than one fourth part of the sum fixed for his maintenance when he was the reigning Sultan and the amount of such allowance shall be charged on the Consolidated Fund.
(3) Nothing in this Article shall apply to the Sultan while he is holding the office or exercising the functions of Yang di-Pertuan Agong.
11. Abdication of Sultan.
(1) The Sultan may voluntarily abdicate and relinquish His Royal rights and powers, if He so desires.
(2) If at the time of abdication the Sultan is resident in the State, the act of abdication shall be done by Instrument under His Sign Manual and the State Seal and such Instrument shall be witnessed by the Menteri Besar, and at least three members of the Dewan di-Raja
who shall be present together when the Sultan signs the said Instrument.
(3) If at the time of abdication the Sultan is not resident in the State, the act of abdication shall be done and shall be evidenced in such manner as shall be directed by the Dewan di-Raja.
(4) Upon the notification in the Gazette of his abdication the Sultan shall be deemed to be no longer Sultan and to have withdrawn from the State and from his rights and claims on the State:
Provided that he shall be entitled to an allowance for life the amount of which shall be fixed from time to time by the Legislative Assembly by resolution and shall be charged on the Consolidated Fund and shall not be more than one fourth part of the sum fixed for his maintenance when he was the reigning Sultan and, if he does not possess a house of his own, shall have the right during his life to be provided with a suitable place of residence by the Legislative Assembly.
12. Appointment of Sultan in case of prolonged absence or abdication.
In the event of the Sultan ceasing to be Sultan by virtue of Article 9A, 10 or 11, it shall be necessary to choose and appoint a new Sultan in accordance with the provisions of Articles 5 to 8.
13. Succession on failure of eligible heirs or refusal to confinn any of the eligible heirs.
(1) Whenever, in the event of the Throne and Sultanate of Selangor becoming vacant there are no persons eligible under the provisions of Article 7 to be confirmed as Sultan, or if eligible are not so confirmed, it shall be the duty of the Dewan di-Raja to choose and appoint some person to become the Sultan:
Provided that the person to be chosen and appointed shall be a male, of mature age, sound mind, of the Malay race and born in the State of Selangor, a subject of the former Sultan, professing the Muslim religion, of good but not necessarily of Royal Blood, and acknowledged to be legitimately and lawfully begotten, and in addition able to read and write the Malay language and possessing a reputation, an understanding, a nature, temper, disposition and deportment which are good and trustworthy.
(2) After a person chosen and appointed under the provisions of
Clause (1) has become the Sultan, thereafter the descendant who shall be eligible to become the Sultan shall be a son, grandson, greatgrandson and so on of the male line, first one generation after another until the last, that is to say it shall not on any account be permitted and shall be unlawful to elect a Sultan any person other than a descendant of a Sultan chosen and appointed as aforesaid under the provisions of Clause (1):
Provided that a descendant of the Sultan chosen under the provisions of this Clause shall not be eligible, if he is considered and determined, after full and complete enquiry by the Dewan di-Raja to have some great and serious defect, derogatory to the quality of a Sultan, that is to say any infirmity such as insanity, blindness, dumbness or possessing some base qualities on account of which he would not be permitted by the Hukum Shara to become a Sultan.
CHAPIER 2 THE HEIR
14. Title of the Heir to the throne.
(1) The Heir shall be designated by the title of Raja Muda, Selangor, to be called in English the Crown Prince of Selangor, and this title shall mean that he is the Heir-Apparent to the Sultan and therefore may not be used by or applied to any person who has not actually been decided upon as the Sultan's Successor.
(2) The Heir shall be chosen and appointed by His Highness after consultation with the Dewan di-Raja and shall thereafter be installed according to the custom of the State.
15. Heirs not to interfere in State affairs.
The Heir shall have no authority whatsoever to take part nor may he interfere in any affairs of the State or Government, excepting only when he- shall have the command of the Sultan and this provision shall apply also to the other Heirs:
Provided that if any such person is appointed to be in office in the State this Article shall not apply to the performance of his duties
while holding such office. .
16. Qualifications of Heir.
Save as otherwise provided in Article 18, the Heir shall be a person
who is a Malay, of Royal Blood, a descendant of Selangor Sultans, a male, and professes the Muslim Religion; each of the other Heirs shall also be such a person.
17. Descendant of Sultan Hisamuddin Alam Shah.
(1) The heir shall be a lawfully begotten and acknowledged descendant of the body and flesh and blood of IDS IDGHNESS SULTAN HISAMUDDIN ALAM SHAH ffiNI AL-MARHUM SULTAN ALA'IDDIN SULAIMAN SHAH.
(2) The descendant who shall be eligible to become the Heir shall be a son, grandson, great-grandson and so on of the male line, first one generation after another until the last, that is to say, it shall not on any account be permitted and it shall be unlawful to elect as Heir any person other than a descendant of His Highness Sultan Hisamuddin Alam Shah, so long as a descendant as above of His said Highness exists.
18. Descendant of Al-Marhum Sultan Ala'iddin Sulaiman Shah, Al-Marhum Sultan Abdul Samad, Al-Marhum Sultan Muhammad Shah, Al-Marhum Sultan Ibrahim Shah and Al-Marhum Sultan Salehuddin.
(1) If at any time the male lineal descendants of His Highness Sultan Hisamuddin Alam Shah should become totally extinct, when it is desired to choose and appoint the Heir it shall be necessary to choose and appoint as Heir any person from among the male lineal descendants of AL-MARHUM SULTAN ALA'IDDIN SULAIMAN SHAH.
(2) If there should be no male lineal descendant of Al-Marhum Sultan Ala'iddin Sulaiman Shah when it is desired to choose and appoint the Heir it shall be necessary to choose and appoint as Heir any person from among the male lineal descendants of AL-MARHUM SULTAN ABDUL SAMAD.
(3) If there should be no male lineal descendant of Al-Marhum Sultan Abdul Samad when it is desired to choose and appoint the Heir it shall be necessary to choose and appoint as Heir any person from among the male lineal descendants of AL-MARHUM SULTAN MUHAMMAD SHAH.
(4) If there should be no male lineal descendant of Al-Marhum Sultan Muhammad Shah when it is desired to choose and appoint the
Heir it shall be necessary to choose and appoint as Heir any person from among the male lineal descendants of AL-MARHUM SULTAN IBRAHIM SHAH.
(5) If there should be no male lineal descendant of Al-Marhum Sultan Ibrahim Shah when it is desired to choose and appoint the Heir it shall be necessary to choose and appoint as Heir any person from among the male lineal descendants of AL-MARHUM SULTAN SALEHUDDIN.
(6) No person shall be chosen and appointed as Heir by virtue of the provisions contained in this Article unless he is a male of acknowledged genuine and lawful blood.
19. Heir's prolonged absence.
(1) The Heir shall not absent himself from the State of Selangor for more than twelve consecutive calendar months and, if he does so, a Successor may be chosen and appointed in accordance with the provisions of this Part, unless it seems to His Highness that the prolonged absence of the Heir is due to a sufficient and excusable cause.
(2) If the Heir shall so absent himself, he shall be deemed no longer to be the Heir and to have withdrawn from the State and from his rights and claims on the State;
Provided that, if it thinks fit, the Legislative Assembly may by law provide for the maintenance of such Heir an allowance not being more than one fourth part of the sum fixed for his maintenance when he was the Heir and the amount of any such allowance shall be charged on the Consolidated Fund.
20. Abdication of Heir.
(1) The Heir may voluntarily abdicate and relinquish his Royal rights and pqwers, ifhe so desires.
(2) If at the time of abdication and relinquishment the Heir is resident in the State, the act of abdication and relinquishment shall be done by instrument under His Sign Manual and the State Seal and such instrument shall be witnessed by the Menteri Besar and two members of Dewan di-Raja who shall be present together when the Heir signs the said instrument.
(3) If at the time of abdication and relinquishment the Heir is not resident in the State, the act of abdication shall be done and
shall be evidenced in such manner as shall be directed by the Dewan di-Raja.
(4) Upon the notification in the Gazette of his abdication and relinquishment the Heir shall be deemed to be no longer Heir and to have withdrawn from the State and from his rights and claims on the State:
Provided that he shall be entitled to an allowance for life the amount of which shall be fixed from time to time by the Legislative Assembly by resolution and shall be charged on the Consolidated Fund and shall not be more than one fourth part of the sum fixed for his maintenance when he was the Heir and, if he does not possess a house of his own, shall have the right during his life to be provided with a suitable place of residence by the Legislative Assembly.
CHAPfER 3 REGENCY
21. Regency.
(1) Subject to any further provisions which may be made in the Laws of. the Constitution of Selangor, there shall be a Regency in the State under the following conditions, that is to say-
(a) if His Highness shall have occasion to be absent from the State for more than thirty days; or
(b) if His Highness shall be incapacitated from attending to the affairs of the State; or
(c) if His Highness is selected to the office or exercises the functions of the Yang di-Pertuan Agong.
, (2) In the case of the intended absence of His Highness, He shall appoint a Regent or a Council of Regency as to Him seems most . expedient.
(3) In the case of the incapacitation of His Highness the Dewan di-Raja shall appoint a Regent or a Council of Regency as to them seems most expedient.
(4) His Highness shall appoint a Regent or a Council of Regency as to Him seems most expedient to exercise His functions as Sultan in the event of His being elected to the office of the Yang di-Pertuan Agong or of His exercising the functions ofthe office of the Yang di-Pertuan Agong for a period exceeding fifteen days.
(5) Such Regent or Council of Regency shall cease to act upon the return of His Highness to the State or upon His recovery or upon His ceasing to hold office or exercise the functions of Yang di-Pertuan Agong.
(6) All appointments under this Article shall be notified in the Gazette.
22. Regent as Member of Conference of Rulers.
(I) In the event of His Highness being elected to the office of the Yang di-Pertuan Agong or of His exercising the functions of the office of the Yang di-Pertuan Agong for a period exceeding fifteen , days, His place as a member of the Conference of Rulers shall be taken by the Regent or a member of the Council of Regency appointed in that behalf by such Council.
(2) His Highness may appoint by instrument under His Sign Manual and the State Seal any person of the Malay race and professing the Muslim Religion to take His place as a member of the Conference of Rulers, provided that in the circumstances mentioned in Clause (1) such appointment shall be made by the Regent or the Council of Regency as the case may be.
(3) Every appointment under Clause (2) shall be for such period and subject to such conditions and restrictions as may be prescribed therein.
CHAFfER 4 DEWAN DI-RAJA
23. Establishment of Dewan di-Raja,
The Dewan di-Raja is hereby established to aid and advise the Sultan in the exercise of his functions and to perform such functions as are set out in this Part.
24. Membership and appointment.
(1) The Dewan di-Raja shall consist of the following members: (a) The Raja Muda, the Tengku Laxamana, the Tengku Bendahara, the Menteri Besar, Pengerusi Majlis Ugama Islam and the Mufti all as ex-officio members;
(b) Four Warith yang lain;
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(c) FiveOrang-OrangBesar;
(d) Seven Elders not being members of the Legislative Assembly or the House of Representatives, of whom at least one shall be a member of the Council of Religion.
(2) The members except the ex-officio members shall be appointed by the Sultan by instrument under His Sign Manual and the State Seal.
24A. Oath by Members.
Except for the purpose of enabling this Article to be complied with, no member other than the Raja Muda and the Mufti shall sit or vote in the Dewan di-Raja until he shall have taken and subscribed before His Highness or some person authorised by His Highness in that behalf and in the presence of a Judge of the High Court the followingoath-
"I, , a member of the Dewan
di-Raja of the State of Selangor do swear that I will to the best of my judgment and at all times when thereto required freely give my counsel and advice to His Highness the Sultan in respect of the exercise of the functions of His Highness under the First Part of the Laws of the Constitution of the State of Selangor; that I will faithfully and to the best of my ability carry out such other functions required of me as a member of the Dewan di-Raja under the same Part; and that I will not directly or indirectly reveal such matters as shall be communicated to me or debated in the Dewan di-Raja and committed to my secrecy but that I will in all things be a true and faithful member";
to which oath shall be added such words as will according to the Muslim Religion bind the conscience of the person taking the oath.
25. Continuance on demise of Sultan.
The Dewan di-Raja shall continue notwithstanding the demise of the Sultan but until the choice and appointment of a new Sultan and the proclamation thereof, no business shall be transacted other than such choice and appointment.
26. Tenure of office of members.
(1) Every member other than the ex-officio members of the Dewan di-Raja shall hold his seat in the Dewan di-Raja for three years from the date of the instrument by which he is appointed or until such earlier date as may be provided by that instrument unless
previously thereto his seat shall become vacant under the provisions of this Part.
(2) The seat of a member other than the ex-officio members of the Dewan di- Raja shall become vacant-
(a) upon his death; or
(b) ifhe shall by writing under his hand addressed to the Sultan, through the Secretary of the Dewan di-Raja, resign his seat on the Dewan di-Raja; or
(c) if he shall become a member of the Legislative Assembly or the House of Representatives; or
(d) if he shall be absent from the State without the permission of the Secretary of the Dewan di-Raja on behalf of the Sultan for a period exceeding one month.
(3) Any person vacating a seat as a member of the Dewan di- Raja may, if qualified, be again appointed from time to time.
27. Vacancy.
Whenever there shall be a vacancy in the number of persons sitting in the Dewan di-Raja by reason of the happening of the events in Clause (2) of Article 26, the Sultan may appoint a person qualified for appointment to fill the vacancy.
28. Summoning and quorum.
(1) The Dewan di-Raja shall not be summoned except by command of the Sultan:
Provided that when the business of the Dewan di-Raja concerns. the selection of a Sultan or the appointment of a Regent or Council of Regency under Clause (3) of Article 9 or any other matter which affects the person and body of the Sultan or any other matter in the deliberation of which it is deemed expedient that the Sultan shall not participate, the Raja Muda shall summon the Dewan di-Raja:
Provided further that the Dewan di-Raja shall meet at Klang within twenty-four hours of the demise of a Sultan.
(2) The Dewan di-Raja shall not be disqualified from the transaction of business by reason of any vacancy among the members, but no business shall be transacted if there are less than ten members present:
Provided that if the business before the Dewan di-Raja is the selection of a Sultan, there shall be present not less than two-thirds of all the members.
29. Sultan to preside.
The Sultan shall preside at all meetings of the Dewan di-Raja and in his absence the Raja Muda and in their absence the members shall choose one from among themselves to preside:
Provided that when the business of the Dewan di- Raja concerns the choice and appointment of a Sultan or the appointment of a Regent or Council of Regency under Clause (3) of Article 9, or any business which affects the person and body of the Sultan or such other business in the deliberation of which it is deemed expedient that the Sultan shall not participate, the Sultan shall riot attend and preside:
Provided further that at any meeting dealing with the selection of a Sultan the Raja Muda or any other Heirs shall not be present.
30. Death or abdication of Sultan.
(1) Subject to the provisions of Article 38 the Dewan di-Raja shall be summoned immediately after the death or abdication of the Sultan and it shall be the duty of each member to be present unless his absence is excused by the Dewan di-Raja for such reason as It shall deem to be good and sufficient.
(2) At such meeting the Dewan di-Raja shall confirm the Heir as Sultan unless after a full and complete enquiry the Dewan di-Raja shall consider him to have some great and serious defect derogatory to the quality of a Sultan, that is to say any infmnity such as insanity, blindness, dumbness or possessing some base qualities on account of which he would not be permitted by the Hukum Shara to become a Sultan.
(3) If the Dewan di-Raja refuse to confirm the Heir as Sultan, it shall, subject to the same power to refuse, confirm the next in order of succession of the other Heirs and so on as provided in Article 7 always subject to the same power to refuse until one of the other Heirs has been confirmed as Sultan.
31. Secretary.
The Dewan di -Raja may from time to time appoint a Secretary.
32. Submission of questions.
The Sultan and the Menteri Besar shall alone be entitled to submit questions to the Dewan eli-Raja, but if the Menteri Besar declines to submit any question when requested in writing by any member so to do, it shall be competent for such member to require that there be recorded in the minutes his written application together with the answer returned by the Menteri Besar thereon.
33. Sultan may act in opposition.
The Sultan may act in opposition to the advice given to Him by members of the Dewan eli-Raja, if, in any case, it shall in His judgment be right so to do, but in any such. case He shall record fully in writing in the minutes, the grounds and reasons for His decision:
Provided that before the Sultan may finally act in opposition to the advice given to Him by the Dewan eli-Raja, He will require the Dewan eli-Raja to reconsider its advice with His reasons for not accepting it. If on reconsideration and resubmission of the advice to the Sultan, He still chooses to act in opposition to the advice, it shall be competent for any member of the Dewan eli-Raja to require that there be recorded in the minutes any advice or opinion that he may give upon the question and the ground therefor.
34. Minutes.
(1) Minutes shall be kept of all the proceedings of the Dewan di-Raja.
(2) At every meeting of the Dewan di-Raja the minutes of the last meeting shall be confirmed with or without amendment as the case may require before proceeding to the despatch of any other business.
35. Official language.
The official language of the Dewan eli-Raja shall be Malay.
36. Procedure and Appointment of Committee.
The Dewan eli-Raja may determine its own procedure and appoint its own Committee to carry out its functions.
37. Voting.
(1) Save as otherwise provided in Clause (3), all questions pro-
posed for decision in the Dewan di-Raja shall be determined by a majority of votes of the members present and voting.
(2) The member presiding in the absence of. the Sultan shall have an original vote and also a casting vote if, upon any question, the votes shall be equally divided.
(3) When the voting concerns the selection of a Sultan, the decision of the Dewan di-Raja shall not be valid and binding unless at least two-thirds of the members present and voting shall agree thereto and no member present shall abstain from voting thereon.
(4) Voting shall in every case be by secret ballot.
CHAPfER 5
TITLES AND HONOURS
38. Sultan fountain of Honours and Dignities.
The Sultan is the fountain of all honours and dignities within the State and He alone can confer titles and dignities and institute Orders and Badges of Honour and Dignity:
Provided that-
(a) before the Sultan exercises His prerogatives under this Article, He shall first consult the Dewan di-Raja; and
(b) if the institution of any Order or Badge of Honour and Dignity will involve expenditure out of the revenues of the State, the concurrence of the Legislative Assembly shall be necessary.
39. Power to degrade.
The Sultan after consultation with the Dewan di- Raja may degrade any person upon whom any rank or title or Order or Badge of Honour has been conferred by virtue of the provisions of Article 38.
40. Sultan's Court and Palace.
The Sultan, if he so pleases, may from time to time make regulations for His Court and Palace establishment, for the appointment of Court and Palace officers, for the proper performance of their duties by the officers of the Sultan's Court and Palace and by those who are responsible for ceremonial duties, and in doing so shall pay due regard to the custom of the State, if any.
CHAPTER 6
CONSORT OF THE SULTAN AND RAJA MUDA
41. Appointment of Consort of Sultan.
(1) Subject to Clause 2 of Article 9A the Sultan shall appoint any one of His Consorts to be Tengku Ampuan.
Provided that she shall be a wife of His Highness lawfully married to Him in accordance with the Muslim Religion, of Royal Blood of the Malay race and professing the Muslim Religion.
Provided further that on the demise of the. Tengku Ampuan or on [Subs. PU the cessation of the appointment of Tengku Ampuan under Clauses 25/97] (1) (c) and (2) of Article 42, the Sultan shall appoint a new Tengku Ampuan who shall thereafter be installed according to the custom of
the State.
(2) The Tengku Ampuan shall be entitled to an allowance which shall be fixed from time to time by the Legislative Assembly by resolution and shall be charged on the Consolidated Fund.
(3) The allowance payable under Clause (2) shall cease-
(a) on the demise of the Sultan,
(b) on the proclamation of the voluntary abdication of the Sultan,
(c) on divorce,
(d) on revocation as hereinafter provided:
Provided that on such allowance ceasing for any of the reasons stated in paragraphs (a), (b), (c) and (d) of this Clause, the Legislative Assembly may by law grant pensions, gratuities or a compassionate allowance.
42. Cessation of appointment.
(1) The appointment of Tengku Ampuan shall cease(a) on re-marriage following the demise of the Sultan,
(b) on the proclamation of the voluntary abdication of the Sultan,
(c) on divorce.
(2) The Sultan may at any time revoke the appointment of Tengku Ampuan.
43. First Holder.
Our Consort at present holding the title of Tengku Ampuan shall be deemed to be the first holder of such title under this Part:
Provided, however, nothing herein contained shall be deemed to revoke the titles held by any of the Consorts of OUR lllustrious Predecessors.
44. Appointment of Consort of Raja Muda.
(1) The Sultan may appoint any of the Consorts of the Raja Muda who shall be of the Royal Blood, of the Malay race and professing the Muslim Religion, to hold the title of Raja Puan Muda.
(2) The title RajaPuan Muda shall cease-
(a) on re-marriage following the demise of the Raja Muda, (b) on the removal from office of the Raja Muda,
(c) on divorce.
(3) The Consort of the Raja Muda at present holding the title of Raja Puan Muda shall be deemed to be the first holder of such title under this Part.
THE SECOND PART OF 11IE LAWS OF THE CONSTITUTION OF SELANGOR, 1959
THE MACHINERY OF GOVERNMENT
45. The Second Part of the Laws.
This Part of the Constitution shall be called the Second Part of the Undang-Undang Tubuh Kerajaan Selangor, to be called in English the Laws of the Constitution of Selangor (hereinafter referred to as this Part).
46. Interpretation.
In this Part unless the context otherwise requires-
"citizen" means a person who is a citizen of the Federation by
virtue of Part ill of the Federal Constitution;
"Committee" means a Committee of the Legislative Assembly; "Consolidated Fund" means the Consolidated Fund of the State; "Federal Constitution" means the Constitution of the Federation
of Malaysia;
"financial year" means the year beginning on the first day of January and ending on the thirty-first day of December;
"Gazette" means the official gazette of the Federation of Malaysia; "His Highness" means the Head of the State and includes His successors and where the context admits, His predecessors; and in the case of a Regency' includes the Regent or if there is a Council of Regency such Council;
"Legislature" means the authority having power under this Constitution to make laws for the State;
"Legislative Assembly" means the Legislative Assembly of the State established under the provisions of this Part to be known as Dewan Negeri;
"meeting" means any sitting or sittings of a Legislative Assembly commencing when the Assembly first meets after being summoned at any time and terminating when the Assembly is adjourned sine die or at the conclusion of a session without adjournment;
"session" means the sittings of a Legislative Assembly commencing when the Assembly first meets after being established or after its prorogation or dissolution at any time and terminating when the Assembly is prorogued or dissolved without having been prorogued;
"State" means the State of Selangor and includes all the dependencies, islands and places which on the first day of December, 1941, were administered as part thereof, and the territorial waters adjacent thereto excluding the areas of the Federal Territory defined in the Federal Territory Enactment 1973;
"State Executive Council" means the Majlis Mesyuarat Kerajaan established under the provisions of this Part;
"State Seal" means the Public Seal of the State of Selangor pro- [Ins. En.
videdforunder Article 49. 2/95]
CHAPrER 1 RELIGION OF THE STATE
47. Religion of the State.
The religion of the State shall be the Muslim religion as heretofore professed and practised in the State:
Provided that all other religions may be practised in peace and harmony by the persons professing them in any part of the State.
48. Sultan as Head of Religion of the State.
(1) The Head of the Religion of the State shall be His Highness and His Highness may cause laws to be enacted for the purpose of regulating religious affairs and for the Constitution of a Majlis Ugama Islam to be called in English "Council of Religion", to aid and advise His Highness in all matters relating to the religion of the State.
(2) Notwithstanding that there is a Regency in the State by reason of the fact that His Highness is elected to the Office or is exercising the functions of the Yang di-Pertuan Agong, His Highness shall continue to exercise His functions as Head of the Religion of the State.
(3) His Highness as Head of the Religion of the State shall in accordance with the provisions of the Federal Constitution, authorise the Yang di- Pertuan Agong to represent him in any acts, observances or ceremonies of the Muslim Religion which by agreement of the Conference of Rulers extend to the Federation as a whole.
CHAFfER 2 THE STATE SEAL
49. The State Seal.
(1) His Highness shall keep and use a Public Seal of the State of Selangor for sealing all things whatsoever that shall pass the said Seal.
(2) The State Seal shall bear the inscription "Mohor Kerajaan Negeri Selangor", and the words, "State of Selangor Public Seal".
CHAFfER 3 EXECUTIVE
[Subs. En. 2195)
50. Executive authority.
The executive authority of the State shall be vested in His Highness and exercisable, unless otherwise provided by the Federal Constitution or this Constitution, by him or by the State Executive
Councilor any member of the State Executive Council authorised by the State Executive Council, but executive functions may by law be conferred on other persons or authorities.
51. Appointment ofMenteri Besar.
(1) His Highness shall appoint by Instrument under His Sign Manual and the State Seal, a Menteri Besar, in accordance with paragraph (a) of Clause (2) of Article 53.
(1A) His Royal Highness shall appoint by Instrument under His Sign Manual and the State Seal a Deputy Menteri Besar in accordance with the provisions of paragraph (c) of Clause (2) of ArticleS3.
(2) Subject to the provision of Clause (4) of Article 53 no person shall be appointed to be Menteri Besar unless he is of the Malay Race and professes the Muslim Religion.
52. Appointment of State Secretary, Legal Adviser and Financial Officer.
(I) There shall be constituted the offices of State Secretary, State [Subs. En.
Legal Adviser and State Financial Officer; and the appointments 4/93] thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.
(2) (a) The State Secretary who shall be of the Malay race and profess the Muslim Religion, shall be the principal officer in charge of the administrative affairs of the State.
(b) The State Legal Adviser shall advise on legal matters referred to him by His Highness or the State Government.
(c) The State Financial Officer shall be the principal officer in charge of the financial affairs of the State.
(3) Every such official shall have the right to take part in the proceedings of the State Executive Council and the Legislative Assembly and may be appointed to any Committee thereof, but shall not have any vote in the State Executive Council or the Legislative Assembly or any such Committee.
(4) Before any such official first attends a meeting of the State Executive Council, he shall take and subscribe in the presence of the Menteri Besar the following Oath of Secrecy:
Oath of Secrecy.
"I do solemnly swear (or affirm) that
I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me in the course of my attending the State Executive Council except as may be required for the due discharge of my duties as such or as may be specially permitted by the State Executive Council".
(5) The persons holding the office of the State Secretary, the State Legal Adviser and State Financial Officer respectively immediately before the coming into operation of Clause (1) shall continue to hold that office in like manner as if he had been appointed under that Clause.
[En. 4/93]
(6) (Deleted).
53. The Executive Council.
(1) His Highness shall appoint a Majlis Mesyuarat Kerajaan to be called in English the State Executive Council.
(2) The State Executive Council shall be appointed as follows, that is to say-
(a) His Highness shall first appoint as Menteri Besar to preside over the State Executive Council, a member of the Legislative Assembly who in His judgment is likely to command the confidence of the majority of the members of the Assembly;
(b) He shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the Legislative Assembly; and
(c) He shall, if the Menteri Besar so advises, appoint a member of the State Executive Council to be the Deputy Menteri Besar who shall assist the Menteri Besar in the exercise of his powers, the performance of his. duties and the carrying out of his functions, and on the directions of the Menteri Besar, he shall exercise such powers, perform such duties and carry out such functions of the Menteri Besar,
but if an appointment is made while the Legislative Assembly is dissolved, a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly, unless he is a member thereof.
(3) Notwithstanding anything in this Article, a person who is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed a Menteri Besar.
(4) In appointing a Menteri Besar, His Highness may in His discretion dispense with any provision in this Constitution restricting His choice of a Menteri Besar, if in His opinion it is necessary to do so in order to comply with the provisions of this Article.
(5) The State Executive Council shall be collectively responsible to the Legislative Assembly.
(6) If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request His Highness dissolves the Legislative Assembly, he shall tender the resignation of the State Executive Council.
(7) Subject to Clause (6), a member of the State Executive Council other than the Menteri Besar shall hold office at His Highness's pleasure, but any member of the Council may at any time resign his office.
(8) A member of the State Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession take part in any decision of the State Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.
(9) The Legislature may by law make provision for the remuneration of the members of the State Executive Council.
54. Oath of Office.
Except for the purpose of enabling this Article to be complied with no member shall sit or vote in the State Executive Council until he shall have taken and subscribed before His Highness or some person authorised by His Highness in that behalf the following oath-
"I being chosen and admitted of
the Majlis Mesyuarat Kerajaan or State Executive Council of the State of Selangor do swear (or affirm) that I will to the best of my judgment at all times when thereto required freely give my counsel and advice to His Highness the Sultan for the good management of the public affairs of the State: that I will not directly or indirectly reveal such matters as shall be communi-
cated to me or debated in Council and committed to my secrecy but that I will in all things be a true and faithful councillor.";
to which oath shall be added such words as will according to his religious beliefs bind the conscience of the person taking the oath.
54A. (1) The Menteri Besar may appoint any person he may deem fit to be a Political Secretary.
(2) A person appointed as a Political Secretary by virtue of this Artic1e-
(a) may resign his office at any time;
(b) subject to paragraph (a) shall continue in office until such time as his appointment is determined by the Menteri Besar.
(3) Before a Political Secretary exercises the functions of his office he shall take and subscribe in the presence of the Menteri Besar the following Oath of Secrecy-
"I do solemnly swear (or
affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a Political Secretary except as may be required for the due discharge of my duties, as such or as may be specially permitted by the Menteri Besar."
(4) The duties and functions of a Political Secretary and his remuneration shall be determined by the State Executive Council.
[Ins. En. 4/93]
55. Sultan to act on advice.
(1) In the exercise of His functions under this Constitution or any law or as a member of the Conference of Rulers, His Highness shall act in accordance with the advice of the State Executive Council or of a member thereof acting under the general authority of the Council except as otherwise provided by the Federal Constitution or this Constitution: but shall be entitled at His request to any information concerning the Government of the State which is available to the State Executive Council.
(1A) Where in the exercise of His functions under this Constitution or any law or as a member of the Conference of Rulers, His Highness is to act in accordance with the advice or on the advice of any person or body of persons, His Highness shall accept and act in accordance with such advice.
(2) His Highness may act in His discretion in the performance of the following functions (in addition to those in the performance of which He may act in His discretion under the Federal Constitution) that is to say-
(a) the appointment of a Menteri Besar;
(b) the withholding of consent to a request for the dissolution of the Legislative Assembly;
(c) the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Highnesses or religious acts, observances or ceremonies;
(d) any function as Head of the Muslim religion or relating to the custom of the Malays;
(e) the appointment of an heir or heirs, consort, Regent or
Council of Regency; .
(j) the appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto;
(g) the regulation of royal courts and palaces.
(3) State law may make provision for requiring His Highness to act after consultation with or on the recommendation of any person or body of persons other than the State Executive Council in the exercise of any of His functions other than-
(a) the functions exercisable at His discretion;
(b) functions with respect to the exercise of which provision is made in this Constitution or the Federal Constitution.
(4) Nothing in this Article shall affect any provision in any part of the Constitution requiring His Highness to act on the advice or with . the concurrence of any body or persons other than the State Executive Council.
56. Quorum of the State Executive Counell.
The State Executive Council shall not be disqualified for the transaction of business by reason of any vacancy among the members; but no business except that of adjournment shall be transacted if objection is taken by any member present that there are less than four members present besides the member presiding.
57. Appeals to State Executive Council.
When under any written law, an appeal against the decision of any person lies to His Highness or His Highness in Council, it shall be lawful for His Highness, unless the contrary intention appears in such written law, when such appeal is made to appoint a committee of five persons consisting of not more than three members of the State Executive Council for purpose of hearing such appeal and advising His Highness as to the decision that should be made thereon.
58. Minutes.
Minutes shall be kept of all the proceedings of the State Executive Council.
59. Official language of the State Executive Council.
The official language of the State Executive Council shall be Malay:
Provided that-
(a) notwithstanding the provisions of this Article, the English language may be used for such period and for such purposes as may for the time being be provided by or in accordance with Article 152 of the Federal Constitution; and
(b) an official English version shall be provided of anything which is required to be printed or reduced into writing and may be published in the Gazette.
CHAFfER 4
THE POWER OF PARDON
[Am. En. 4/93)
60. Power of pardon, etc.
(1) His Highness may subject to Clause (9), grant a pardon, reprieve or respite in respect of any offence committed in the State (other than any offence which has been tried by Court Martial); and any power conferred by Federal or State law to remit, suspend or commute the sentence for any such offence shall be exercisable by Him.
(2) Where an offence was committed wholly or partly outside the State or in circumstances which make it doubtful where it was committed, it shall be treated for the purposes of this Article as having been committed in the State if it was tried therein.
(3) The powers mentioned in this Article shall be exercisable by His Highness on the advice of a Pardons Board constituted for the State in accordance with Clause (4).
(4) The Pardons Board constituted for the State shall consist of the Attorney-General of the Federation, the Menteri Besar and not more than three other members who shall be appointed by His Highness; but the Attorney-General may from time to time by instrument in writing delegate his functions as a member of the Board to any other person and His Highness may appoint any person to exercise temporarily the functions of any member of the Board appointed by him who is absent or unable to act.
(5) The members of a Pardons Board appointed by His Highness shall be appointed for a term of three years and shall be eligible for re-appointment, but may at any time resign from the Board.
(6) A member of the Legislative Assembly of a State or of the House of Representatives (Dewan Rakyat) shall not be appointed to be a member of a Pardons Board or to exercise temporarily the functions of such a member.
(7) The Pardons Board shall meet in the presence of His Highness and He shall preside over it.
(8) Before tendering their advice on any matter the Pardons Board shall consider any written opinion which the Attorney-General may have delivered thereon.
(9) The powers of pardon exercisable by His Highness under [Ins. En.
this Article shall be exercised- 4/93]
(a) in respect of Himself or His Consort, by the Conference of Rulers; and
(b) in respect of His son or daughter, by the Ruler of a State nominated by the Conference of Rulers and the Ruler shall act on the advice of the Pardons Board constituted under Clause (4) of this Article.
CHAPfER 5 THE LEGISLATURE
61. The Legislature of the State.
The Legislature of the State shall consist of His Highness and one House to be known as the Dewan Negeri (in English, the Legislative Assembly).
62. Composition of Legislative Assembly.
(l) The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provide.
(2) The number of elected members of the Legislative Assembly shall be the same as or a multiple of the number of the Federal Constituencies into which the State is divided under Article 116 of the Federal Constitution.
63. Qualification of members.
Every citizen of or over the age of twenty-one years who is resident in the State is' qualified to be a member of the Legislative Assembly, unless he is disqualified for being a member by the Federal Constitutionor this Constitution or by any such law as is mentioned in Article 64.
64. Disqualification for membership of Legislative Assembly.
(1) Subject to the provisions of this Article a person is disquaIifiedfor being a member of the Legislative Assembly if-
(a) he is and has been found or declared to be of unsound mind; or
(b) he is an undischarged bankrupt; or ( c) he holds an office of profit; or
(d) having been nominated for election to either House of Parliament or to the Legislative Assembly 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 and sentenced to imprisonment for a term of not less than one year or to a fme of not less than two thousand ringgit and has not received a free pardon; or
if) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reason of having been convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or
(g) he has voluntarily acquired citizenship of or exercised rights
of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
(2) The disqualification of a person under paragraph (d) or paragraph (e) of Clause (1) may be removed by His Highness and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from custody or the date on which the fine mentioned in the said paragraph (e) was imposed, and a person shall not be disqualified under paragraph (g) of Clause (1) by reason only of anything done by him before he became a citizen.
(3) Notwithstanding anything contained in the foregoing provisions of this Article, where a member of the Legislative Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a law as is referred to in paragraph if) of Clause (1}-
(a) the disqualification shall take effect upon the expiry of fourteen days from the date on which he was-
(i) convicted and sentenced as specified in the aforesaid paragraph (e); or
(ii) convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph if);or
(b) if within the period of fourteen days specified in paragraph (a) an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or
,
(c) if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court proceeding specified in paragraph (b) there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.
(4) Clause (3) shall not apply for the purpose of nomination or election of any person to the Legislative Assembly, for which purpose
the disqualification shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or if), as the case may be, of Clause (1).
(5) A person who resigns his membership of the Legislative Assembly of this State or any other State, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative Assembly of this State.
65. Provision against double membership.
A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.
66. Effect of death, disqualification.
(1) If a member of the Legislative Assembly dies or becomes disqualified for membership of the Assembly his seat shall become vacant.
(2) If a person disqualified for being a member of the Legislative Assembly is elected to the Assembly, or if an election is contrary to Article 65, the election shall be void.
(3) A person cannot be validly nominated for election to the Legislative Assembly without his consent.
67. Decision as to disqualification.
(1) If any question arises whether a member of the Legislative Assembly has become disqualified for membership, the decision of the Assembly shall'be taken and shall be final:
Provided that this Article shall not be taken to prevent the practice of the Assembly 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).
(2) Where a member of the Legislative Assembly becomes disqualified under paragraph (e) of Clause (1) of Article 64 or under a law as is referred to in paragraph if) of Clause (1) of Article 64, the foregoing Clause (1) shall not apply, and he shall cease to be a member of the Legislative Assembly, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (3) of Article 64.
68. Resignation of members.
A member of the Legislative Assembly may resign his membership by writing under his hand, addressed to the Speaker.
69. Absence of am ember.
If a member of the Legislative Assembly is without the leave of the Speaker absent from every sitting thereof for a period of six months his seat shall be declared vacant by the Speaker.
70. Summoning, prorogation and dissolution of Legislative Assembly.
(1) His Highness shall from time to time by Proclamation published in the Gazette summon the Legislative Assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.
(2) His Highness may prorogue or dissolve the Legislative Assembly.
(3) The Legislative Assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved.
(4) Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of dissolution and the new Legislative Assembly shall be summoned to meet on a date not later than ninety days from that date.
(5) A casual vacancy shall be filled within sixty days from the date on which it occurs:
Provided that if a casual vacancy is established on a date within two [Subs. En. years of the date the Legislative Assembly shall, in accordance with 1/94] Clause (3), stand dissolved, 'such casual vacancy shall not be filled
unless the Speaker notifies the Election Commission in writing that
the numerical strength of the party that constitutes a majority of all the members of the Legislative Assembly is being affected by such vacancy, in which event such vacancy shall be filled within sixty days
from the date of the receipt of that notification.
71. Speaker of the Legislative Assembly.
(1) The Legislative Assembly shall from time to time elect as [Subs. En.
Speaker such person as the Assembly may determine and shall trans- 2/95]
[Ins. En. 2/95]
[Ins. En. 2/95]
[Ins. En. 2/95]
[Ins. En. 2/95]
act no business when the office of Speaker is vacant other than the election of the Speaker.
(IA) A person shall not be elected to be the Speaker unless he is a member or qualified to be a member of the Legislative Assembly.
(Is) Any person elected as Speaker who is not a member of the Legislative Assembly-
(a) shall, before he enters upon the duties of his office, take and subscribe before the Assembly an oath of office; and
(b) shall, by virtue of holding his office, be a member of the Assembly additional to the members elected to the Assembly:
Provided that paragraph (b) shall not have effect for the purposes of the provisions of Article 53 and no person shall be entitled by virtue of that paragraph to vote on any matter before the Assembly.
(2) The Speaker may at any time resign his office and shall vacate his office-
(a) when the Legislative Assembly ftrst meets after a general election;
(b) on his ceasing to be a member of the Assembly otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (IB), on his ceasing to be qualified to be a member;
(c) upon being disqualified under Clause (3A); or (d) if the Assembly at any time so resolves.
(2A) The Legislative Assembly may from time to time choose one of its members to be Deputy Speaker ..
(2B) A Deputy Speaker may at any time resign his office and shall vacate his office-
(a) on his ceasing to be a Member of the Legislative Assembly; or
(b) if the House at any time so resolves.
(3) During any absence of the Speaker from a sitting of the Legislative Assembly the Deputy Speaker or, if the Deputy Speaker is absent or if the post of the Deputy Speaker is vacant, such other member as may be determined by the rules of procedure of the Legislative Assembly shall act as Speaker.
(3A) A member who is elected to be the Speaker shall be disqualified from holding such office if after three months of his election 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 organisation 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 organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work o! objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
(3B) Where any question arises regarding the disqualification of the Speaker under Clause (3A) the decision of the Legislative Assembly shall be taken and shall be final.
(4) The Legislature shall by law provide for the remuneration of the Speaker and the remuneration so provided shall be charged on the Consolidated Fund.
72. Oath by Members.
(1) Every member of the Legislative Assembly shall, before taking his seat, take and subscribe before the person presiding in the Assembly the following Oath-
"I having been elected as a
member of the Legislative Assembly of the State of Selangor do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance, to the State of Selangor, and that I will preserve, protect and defend the Constitution of the State of Selangor."
and, to which oath shall be added such words as will, according to his religious beliefs, bind the-conscience of the person taking the oath.
(2) A member may, before taking the Oath, take part in the election of the Speaker.
(3) If a member has not taken his seat within six months from the date on which the Legislative Assembly first sits after his election or such further time as the Assembly may allow, his seat shall become vacant.
73. Address by His Highness.
His Highness may address the Legislative Assembly and may send messages thereto.
74. Remuneration of members.
The Legislature shall by law, make provision for the remuneration of the members of the Legislative Assembly.
75. Procedure of Legislative Assembly.
(1) Subject to the provisions of the Federal Constitution and this Constitution, the Legislative Assembly shall regulate its own procedure and may from time to time make, amend and revoke Standing Rules and Orders for the regulation and orderly conduct of its own proceedings and conduct of business.
(2) The Legislative Assembly may act notwithstanding any vacancy in its membership, and , the presence or participation of any person not entitled thereto shall not invalidate any proceedings.
(3) Subject to Clause (4) and Article 98 the Assembly shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.
(4) In regulating its procedure the Assembly may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.
(5) Members absent from-the Assembly shall not be allowed to vote.
76. Quorum.
No business except that of adjournment shall be transacted by the Legislative Assembly if objection is taken by any member present, that there are less than one thirdof the members present besides the Speaker or other member presiding.
77. Privileges of Legislative Assembly.
The Legislative Assembly-shall have the privileges and powers set out in the Schedule hereto.
78. Exercise of Legislative Power.
(1) The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by His Highness.
(2) No Bill or amendment involving expenditure from the Consolidated Fund may be introduced or moved in the Legislative Assembly except by a member of the State Executive Council.
(2A) His Highness shall within thirty days after a Bill is presented [Ins. En.
to him assent to the Bill. 2/95]
(28) If a Bill is not assented to by His Highness within the time specified in Clause (2A), it shall become law at the expiration of the time specified in that Clause in the like manner as if he had assented to it.
[Ins. En. 2/95]
(3) A Bill shall become law on being assented to by His Highness or as provided in Clause (2B), but no law shall come into force until it has been published, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.
(4) His Highness shall signify His assent by causing to be affixed to the Bill, the State Seal and signing the same.
[Am. En. 2/95]
79. Publication of Bills.
Every Bill other than a Private Bill, shall, save in case of urgency to be certified in writing by the Speaker, be published for general information in the Gazette, at least fourteen days prior to its introduction into the Legislative Assembly.
SO. Private Bills.
Except as otherwise therein provided, a law made under this Constitution, not being a Government measure, intended to affect or benefit some particular person, association or corporate body, shall not affect the rights of any body politic or corporate or of any other person.
81. Words of Enactment.
All laws passed by the Legislature shall be styled "Enactments" and the words of enactment shall be "enacted by the Legislature of the State of Selangor".
[Subs. En. 2/95}
82. Language.
Subject to the provisions of Article 152 of the Federal Constitution the official language of the Legislative Assembly shall be the Malay language:
Provided that for a period of ten years after Merdeka Day and thereafter until Parliament otherwise provides-
(a) the authoritative texts-
(i) of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly; and
(ii) of all Enactments and subsidiary legislation issued by the Government of the State,
shall be in the English language; and
(b) an official English language version shall be provided of anything which is required to be printed or reduced into writing and such version may be published in the Gazette.
83. Minutes.
Minutes shall be kept of all the proceedings of the Legislative Assembly.
CHAPfER.6 FINANCE
84. No taxation unless authorised by law.
No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law .
85. Expenditure charged on Consolidated Fund.
(1) There shall be charged on the Consolidated Fund of the State in addition to any grant remuneration or other moneys so charged by any other provision of this Constitution or by State law-
(a) the Civil List of His Highness and the remuneration of the Speaker of the Legislative Assembly;
( b) debt charges for which the State is liable; and
( c) any moneys required to satisfy any judgment, decision or award against the State by any Court or Tribunal.
(2) For the purpose of this provision debt charges include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.
86. Annual financial statement.
(1) Subject to Clause (3) His Highness shall in respect of every financial year cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the State for that year and, unless the State Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.
(2) The estimates of expenditure shall show separately-
(a) the total sums required to meet expenditure charged on the Consolidated Fund; and
(b) subject to Clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
(3) The estimated receipts to be shown in the said statements do not include any sums received by way of Zakat, Fitrah and Baitul Mal or similar Muslim revenue; and the sums to be shown under paragraph (b) of Clause (2) do not include-
(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those purposes by the law authorising the raising of the loan;
(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust;
(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with State law.
(4) The said statement shall also show so far as is practicable, the assets and liabilities of the State at the end of the last completed fmancial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding.
87. Supply Bills.
The heads of expenditure to be met from the Consolidated Fund of the State but not charged thereon, other than the sums mentioned in paragraph (a) and (b) of Clause (3) of Article 86, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.
88. Supplementary and excess expenditure.
If in respect of any financial year it is found-
(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
(b) that any moneys have been expended for any purpose in excess of the amount (if any) appropriated for that purpose by the Supply Enactment,
a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly and the heads of any such expenditure shall be included in a Supply Bill.
89. Withdrawals from the Consolidated Fund.
(1) Subject to the following provisions of this Article, no moneys shall be withdrawn from the Consolidated Fund unless they are-
(a) charged on the Consolidated Fund; or
(b) authorised to be issued by a Supply Enactment.
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by Federal law .
(3) Clause (1) does not apply to any such sums as mentioned in paragraphs (a), (b) and (c) of Clause (3) of Article 86.
(4) The Legislature may in respect of any financial year authorise, before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.
CHAPfER 7 CAPACITY OF THE STATE
90. Capacity of the State as respects property, contracts and suits.
(1) The State has power to acquire, hold or dispose of property
of any kind and to make contracts. '
(2) The State may sue or be sued.
CHAPfER 8
SPECIAL POSmONS RELATING TO THE MALAYS
91. Reservation of quotas in respect of services, permits, etc., for Malays.
(1) It shall be the responsibility of His Highness to safeguard the special position of the Malays and the legitimate interests of other communities in accordance with the provisions of this Article.
(2) His Highness shall, subject to the provisions of Article 60 of this Part, exercise His functions under this Part and State law in such manner as may be necessary to safeguard the special position of the Malays and to ensure the reservation for Malays of such proportion as He may deem reasonable of positions in the public service of the State and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the State Government and, when any permit or licence for the operation of trade or business is required by State law, then, subject to the provisions of that law and this Article, of such permits and licences.
(3) His Highness may in order to ensure in accordance with Clause (2) of this Article the reservation to Malays of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any Public Services Commission whose jurisdiction extends to persons in the public service of the State or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities and the Commission or authority shall duly comply with the directions.
(4) In exercising His functions under this Part and State law in accordance with Clauses (1), (2) and (3) of this Article, His Highness shall not deprive any person of any public office held by him or of
the continuance of any scholarship, exhibition or other educational
or training privileges or special facilities enjoyed by him. .
(5) This Article does not derogate from the provisions of Article 92 of this Part.
(6) Where by existing State law a permit or licence is required for the operation of any trade or business, His Highness may exercise His functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such licences or permits for Malays as His Highness may deem reasonable; and the authority shall duly comply with the directions.
(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise a refusal to renew to any person any such permit or licence or refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.
(8) Notwithstanding anything in this Part, where by any State law a permit or licence is required for the operation of any trade or business, that law may provide for the reservation of a proportion of such permits or licences for Malays; but no such law shall for the purpose of ensuring such a reservation-
(a) deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or
(b) authorise a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or
(c) where no permit or licence was previously required for the operation of the trade or business, authorise a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or
authorise a refusal subsequently to renew to any such person any permit or licence, or a refusal to want to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.
(9) Nothing in this Article shall empower the Legislature to restrict business or trade solely for the purpose of reservations for Malays.
CHAPfER 9 GENERAL PROVISIONS
92. Impartial treatment of State employees.
All persons of whatever race in the same grade in the service of the State shall, subject to the terms and conditions of their employment,
be treated impartially. "
93. The State Motto, flags and emblems.
The State motto namely "Di-Pelihara Allah" to be called in English "By God's Protection" and the Emblem or arms of the State and the Insignia of Royalty, the Sultan's Standard and Flag of the State shall continue to be used as heretofore.
94. Interpretation.
(1) Subject to the provisions of Article 4 and Article 46 of this Constitution, Clauses (2), (3) and (4) of Article 160 of the Federal Constitution shall apply for the interpretation of this Constitution as it applies for the interpretation of the Federal Constitution.
(2) Except where the interpretation of any word or expression is expressly provided by this Constitution or where the context otherwise requires, the Interpretation and General Clauses Ordinance, 1948* shall apply for the interpretation of this Constitution as it applies for the interpretation of any written law.
95. Interpretation of the Constitution by the Federal Court.
(1) Without prejudice to any appellate or revisional jurisdiction of the Federal Court, where in any proceedings before any court a
* Now the Interpretation Acts 1948 and "1967 (Act 388).
[Subs. En. 2/95]
question arises as to the effect of any provision of this Constitution, the Federal 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.
(2) His Highness 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 to be likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.
THE ROYAL PREROGATIVES 96. Prerogatives of His Highness reserved.
Except as expressed herein, this Constitution shall not affect the prerogatives, powers and jurisdiction of His Highness.
CHAPTER 10
STATE SERVICE COMMISSION
97. State Service Commission.
(1) There shall be established a State Service Commission whose jurisdiction shall subject to the following provisions extend to all persons who are members of the public service of the State.
(2) The State Service Commission shall consist of the following members appointed by His Highness in His discretion but after considering the advice of the Menteri Besar, that is to say-
(a) a Chairman;
(b) a Deputy Chairman; and
(c) not less than four nor more than eight other members.
(3) The Chairman or Deputy Chairman shall be appointed from among persons who are or have at any time within the period of five years immediately preceding the date of his first appointment been, members of any of the public services.
(4) A member of the public service of the State appointed Chairman or Deputy Chairman shall not be eligible for any further appointment in the service of the State other than as a member of the Commission.
(5) (i) A member of either House of Parliament or of the Legislative Assembly of a State shall not be appointed to be a member of the Commission.
(ii) Subject to Clause (3) a person shall not be appointed to be a member of the Commission if he is, and shall not remain such a member if he becomes-
(a) a member of any of the public services of the Federation or of any State;
(b) an officer or employee of any local authority or of a body corporate or authority established by law for public purposes;
( c) a member of a trade union or a body or association affiliated to a trade union.
(iii) 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 the Commission.
(iv) Where during any period a member of the Commission has been granted leave of absence by His Highness or is unable owing to his absence from the Federation, illness or any other cause, to discharge his functions as a member, His Highness 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.
(v) The Commission may act notwithstanding a vacancy in its membership and no proceedings of the Commission shall be invalidated by reason only that some person not entitled thereto has taken part in them.
(vi) Before exercising his functions as a member of the Commission or under paragraph (iv) any person shall take and subscribe before a Judge of the High Court the oath of office and allegiance as follows:
"I having been
appointed to the office of a member of the State Service Commission of the State of Selangor do solemnly swear (or affirm) that I will faithfully discharge the duties of that office to the best of my ability, and that I will bear true faith and allegiance to the State of Selangor and will preserve, protect and defend its Constitution."
(6) A member of the Commission-
(a) shall be appointed for a term of five years or if His Highness acting in His discretion but after considering the advice of the Menteri Besar in a particular case so determines, for such shorter term as He may so determine;
(b) may, unless disqualified, be reappointed from time to time; and
( c) may at any time resign his office but shall not be removed from office except on the like grounds and in the like manner . as a Judge of the Federal Court.
(7) The Legislative Assembly shall by law provide for the remuneration of any member of the Commission other than a member for whose remuneration as holder of any other office provision is made by State law; and the remuneration so provided shall be charged on the Consolidated Fund.
(8) The remuneration and other terms of office.of a member of the Commission shall not be altered to his disadvantage after his appointment.
(9) Subject to the provisions of any existing law and to the provisions of this Part it shall be the duty of the Commission to appoint, confirm and emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the services to which its jurisdiction extends.
(10) State law may provide for the exercise of other functions by the Commission.
(11) The Commission may delegate to any officer in the public services of the State or to any board of such officers appointed by it, any of its functions under Clause (9) in respect of any grade of service, and the officer or board shall exercise those functions under the direction and control of the Commission.
(12) The Commission may, subject to the provisions of this Constitution and of State law, make rules regulating its procedure and specifying the number of its members which are to constitute a quorum.
(13) The Commission shall make an annual report on its activities to His Highness' and copies of this report shall be laid before the Legislative Assembly.
(13A) (i) Notwithstanding the provision of Clause (9) all powers and functions of the Commission other than the power of first appointment to the permanent or pensionable establishment, may be exercised by a Board appointed by His Highness.
(ii) Any person aggrieved by the exercise by the Board of any of the aforesaid powers or functions may appeal to any Appeal Board appointed by His Highness.
(iii) His Highness may by regulations provide for matters relating to the appointments of the members of, and the procedure to be followed by the Board or the Appeal Board under this Clause.
(iv) Where His Highness has appointed the Board under paragraph (i) of this Clause for the purpose of exercising any of the powers or function referred to under that paragraph, such power or function shall so long as it remains a power or function to be exercised by the Board, cease to be exercisable by the said Commission.
(14) In this Article-
(a) "transfer" does not include transfer without change of rank: within a department or departments of Government;
(b) "Commission" means the State Service Commission established under Clause (1);
(c) references to persons in the public service do not include reference to any persons referred to in Clause (3) of Article 132 of the Federal Constitution.
CHAPTER 11 AMENDMENTS OF THE CONSTITUTION
98. Amendments of the Constitution.
(1) The following provisions of this Article shall have effect with respect to the amendments of this Constitution.
(2) The provisions of the First Part of this Constitution except Articles 3 and 38 (b) may be amended by His Highness by proclamation issued with the advice and concurrence of the Dewan di-Raja established under Article 23 but may not be amended by the State Legislature or by any other means.
(3) The provisions of Article 38 (b) and Articles 47, 48 and 93 may, subject to Clause (5), be amended by Bills passed by the Legislative Assembly and approved by the Dewan di-Raja established
[Subs. En. 2/95]
under Article 23 and assented to by His Highness, but may not be amended by any other means.
(4) The provisions of the Second Part except Articles 47, 48 and 93 and the provisions of Articles 1,2 and 3 may, subject to Clause (5), be amended by an enactment of the State Legislature but may not be amended by any other means.
(5) A Bill for making an amendment to this Constitution shall not be passed by the Legislative Assembly unless it has been supported on Second and Third Readings by the votes of not less than two thirds of the total number of members thereof.
(5A) The following amendments are excepted from the provisions of Clause (5), that is to say-
(a) any amendment to the definition of the territory of the State which is made in consequence of the passing of a law altering the boundaries of the State under Article 2 of the Federal Constitution to which the Legislative Assembly and the Conference of Rulers have consented under the said Article; and
(b) any amendment the effect of which is to bring this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution, but only if it is made after the Legislative Assembly has been elected in accordance with Article 62.
(6) In this Article "amendment" includes addition and repeal.
CHAPfER 12 TRANSmONAL PROVISIONS
99. Temporary provision as to the composition of the State Executive Council.
(1) After the dissolution of the last Council of State, the Executive Council shall consist of His Highness, the Menteri Besar and all those persons who were members of the State Executive Council immediately before the dissolution but no such person shall continue to hold office after the beginning of the first Session of the First Legislative Assembly unless he is a member of that Legislative Assembly.
(2) After the dissolution of the first or a subsequent Legislative Assembly the State Executive Council shall consist of the Menteri
Besar and all those persons who were members of the State Executive Council immediately before the dissolution of the Legislative Assembly but no such person shall continue to hold office after the beginning of the first Session of the new Legislative Assembly unless he is a member of that Legislative Assembly.
CHAPTER 13
REPRINT AND AUTHORITATIVE TEXT OF THE CONSTITUTION
100. Reprint and authoritative text of the Constitution.
(1) The Government Printer may, with the authority of His Highness, print copies of the Constitution with all the necessary additions, omissions, substitutions and amendments effected by amending Laws, Acts of Parliament or Enactments, and such copies shall be deemed to be authentic copies of the Constitution so amended.
(2) Subject to Federal law, where this Constitution has been [Ins. En. translated into the national language, His Highness may prescribe 2/95] such national language text to be authoritative.
THE SCHEDULE (Article 77)
POWERS AND PRNILEGES OF THE LEGISLATIVE ASSEMBLY
1. In this Schedule unless the context otherwise requires-
"Assembly" means the Legislative Assembly of the State; "committee" means a committee of the Assembly;
"journals" means the minutes of the Assembly or the official records of the proceedings thereof;
"member" means a member of the Assembly;
"officer of the Assembly" and "officer" mean the Clerk of the Assembly and any person declared by the Speaker to be an officer of the Assembly;
"standing orders" means the Standing Rules and Orders of the Assembly for the time being in force.
2. There shall be freedom of speech and debate or proceedings in the Assembly and such freedom of speech and debate or proceedings shall not be liable to be impeached or questioned in any court or tribunal out of the Assembly.
3. No member shall be liable to any civil or criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion, or otherwise, or have said before the Assembly or any committee.
4. The Assembly, and any committee which is duly authorised by an order of the Assembly to send for persons, documents, or papers, may, subject to the provisions of paragraphs 7 and 8 of this Schedule, order any person to attend before the Assembly or before such committee to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.
5. Any order to attend to give evidence or to produce documents before the Assembly or before any committee shall be notified to the person required to attend or to produce documents by a summons under the hand of the Clerk of the Assembly issued by direction of the Speaker. In every such summons there shall be stated the time when, and the place where, the person summoned is required to attend and the particular documents which he is required to produce. The summons shall be served on the person mentioned therein either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in the State with some adult person. There shall be paid or tendered to the person so summoned, if he does not reside within six miles of the Assembly Chamber, such sum for his expenses as may be prescribed by any standing order in that behalf.
6. The Assembly or any committee may require that any facts, matters and things relating to the subject of enquiry before the Assembly or committee be verified or otherwise ascertained by the oral examination of witnesses and may cause any such witnesses to be examined upon oath which the Speaker or the chairman of the committee or person specially appointed by the Speaker or chairman for that purpose may administer.
7. If any person ordered to attend to give evidence or to produce any paper, book, record or document before the Assembly or any committee refuses to answer any question that may be put to him or to produce any such paper, book, record or document on the ground that the same is of a private nature and does not affect the subject of enquiry, the Speaker or the chairman of the committee, as the case may be, may report to the Assembly such refusal with the reasons therefor and the Assembly may thereupon either excuse the answering of such question or the production of such paper, book, record or document or may order the answering or production thereof.
8. (1) Every person ordered to attend to give evidence or to produce any paper, book, record or document before the Assembly or any committee shall be entitled, in respect of such evidence or the disclosure of any communication or the production of any such paper, book, record or document, to the same right or privilege as before a court of law.
(2) No public officer shall-
(a) produce before the Assembly or any committee any such paper, book, record or document; or
(b) give before the Assembly or any committee evidence on any such matter, as relates to the correspondence of any naval, military, air force or government department or to any matter affecting the public service, except with the consent
of the Menteri Besar, nor shall secondary evidence be received by or produced before the Assembly or any committee of the contents of any such paper, book, record or document.
9. Every witness before the Assembly or a committee who shall answer fully and faithfully any questions put to him by the Assembly or such committee to its satisfaction shall be entitled to receive a certificate under the hand of the Speaker or the chairman of the committee, stating that such witness was upon his examination so required to answer and did answer any such questions.
10. No member or officer of the Assembly and no shorthand writer employed to take minutes of evidence before the Assembly or any committee shall give evidence elsewhere in respect of the contents of such evidence or of the contents of any manuscript or document laid before the Assembly or any committee or in respect of any proceedings or examination had before the Assembly or any committee without the special leave of the Assembly first had and obtained. Such special leave may be given after a dissolution or during a recess or adjournment by the Speaker or, in the event of his absence or incapacity, by the Clerk of the Assembly.
11. Upon any enquiry touching the privileges, immunities and powers of the Assembly or of any member, any copy of the journals printed or purporting to be printed by the Government Printer or by or under the authority of the Assembly shall be admitted as evidence of such journals in all courts and places without any proof being given that such copy was so printed.
12. Any person being a defendant in any civil or criminal proceedings instituted for or on account or in respect of the publication by such person or by his servant by order or under the authority of the Assembly or any committee, of any reports, papers, minutes, votes or proceedings, may, after giving to the plaintiff or prosecutor, as the case may be, twenty-four hours written notice of his intention so to do, bring before the court in which such civil or criminal proceedings are being held a certificate under the hand of the Speaker or Clerk of the Assembly stating that the reports, papers, minutes, votes or proceedings in respect whereof such civil or criminal proceedings have been instituted were published by such person or by his servants by order or under the authority of the Assembly or any committee, together with an affidavit verifying such certificate, and such court shall thereupon immediately stay such civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.
13. If, in any civil or criminal proceedings instituted for publishing any extract from or abstract of any such report, paper, minutes, votes or proceedings, as in the preceding paragraph mentioned, the court is satisfied that such extract or abstract was published bona fide and without malice, judgment shall be entered for the defendant or accused.
Confirmation.
So be it. Such are the Laws of the Constitution of Selangor, 1959.
Invocation.
May GOD to who be praise and Whose name be exalted, the King of Kings, vouchsafe His Grace and may the Prophet Muhammad (on Whom be the benediction and peace of GOD) grant His Blessing to these Parts of the Laws of the Constitution of Selangor, 1959, for ever and ever.
Amen! 0 Lord of the Universe!
Done at Our Astana at Morib, this fourteenth day of the month of Shawal the Hijrah of the Prophet (on Whom be the benediction and peace of GOD) one thousand three hundred and seventy-eight corresponding to the twenty-second day of April one thousand nine hundred and fifty-nine of the Christian era, being the twenty-first year of OUR reign.
IN WITNESS of the granting hereof we have hereunder affixed our respective signatures:
ABDUL JAMIL BIN ABDUL Rxrs, Mentri Besar
IiASlllM BIN MAT DRIS, State Secretary
BAHAUDIN BIN MOHD. YACOB, Legal Adviser
BADuSHAH,
Tengku Laksamana
ISMAIL SHAH,
Tengku Panglima Besar
ABDUL AzIz SHAH AL-HAJ,
V. MANICKA VASAGAM,
LEE Y oox TmM,
MAHMOOD BIN HAn: ABDUL RAHMAN,
HAn: KAMARUDDIN BIN HAn: IBRAHIM, Orang Kaya Maha Bijaya, Ulu Selangor
HAn IBRAHIM BIN DATO' ISMAIL,
Dato' Penggawa Permatang Paduka Maha Bijaya, Kuala Selangor
ABDUL GHANI BIN SHAMSUDDIN, OrangKayaTo' EngkuMahaBijaya,
Ulu Langat
LAWS OF THE CONSTITUTION OF SELANGOR, 1959
[REPRINT 1989]
LIST OF AMENDMENTS
Amending law Title Date of coming
Selangor intoforce
PU2J90 Laws of the Constitution of Selangor 1.2.1990
(Amendment) Proclamation 1990
En 2/90 Laws of the Constitution of Selangor 31.8.1990
(Amendment) Enactment 1990
En 7190 Laws of the Constitution of Selangor 5.1.1991
(Amendment) Enactment 1990
En 4/93 Laws of the Constitution of Selangor 23.7.1993
(Second Part) (Amendment) Enactment
1993
En 1194 Laws of the Constitution of Selangor 13.5.1994
(Second Part) (Amendment) Enactment
1994
En2J95 Laws of the Constitution of Selangor 24.11.1995
(Second Part) (Amendment) Enactment
1995
PU2J96 Laws of the Constitution of Selangor 1.1.1996
(Amendment) Proclamation 1996
PU25197 Laws of the Constitution of Selangor 1.6.1997
(Amendment) Proclamation 1997
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