Malaysia 1957 Constitution (reviewed 2007) - Page 24 of 29

Table of Contents

EIGHTH SCHEDULE. Provisions to be Inserted in State Constitutions [Article 71]

PART 1. Final Provisions

1. Ruler to act on advice

In the exercise of his functions under the Constitution of this State or any law or as a member of the Conference of Rulers the Ruler shall act in accordance with the advice of the Executive Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or the State Constitution; but shall be entitled, at his request, to any information concerning the Government of the State which is available to the Executive Council.
In the exercise of his functions under the Constitution of this State or any law or as a member of the Conference of Rulers, where the Ruler is to act in accordance with advice or on advice, the Ruler shall accept and act in accordance with such advice.
The Ruler 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:
1. the appointment of a Menteri Besar;
2. the withholding of consent to a request for the dissolution of the Legislative Assembly;
3. the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses or religious acts, observances or ceremonies;
4. any function as Head of the religion of Islam or relating to the custom of the Malays;
5. the appointment of an heir or heirs, consort, Regent or Council or Regency;
6. the appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto;
7. the regulation of royal courts and palaces.
State law may make provision for requiring the Ruler to act after consultation with or on the recommendation of any person or body of persons other than the Executive Council in the exercise of any of his functions other than-
1. functions exercisable in his discretion;
2. functions with respect to the exercise of which provision is made in the State Constitution or the Federal Constitution.

1A. Proceedings against the Ruler

Where the Ruler is charged with an offence under any law in the Special Court established under Part XV of the Federal Constitution, he shall cease to exercise the functions of the Ruler of the State.
During the period when the Ruler ceases, under subsection (1), to exercise the functions of the Ruler of the State, a Regent or a Council of Regency, as the case may be, shall be appointed in accordance with the State Constitution to exercise the functions of the Ruler of the State.
Where the Ruler is convicted of an offence in the Special Court and sentenced to imprisonment for more than one day he shall cease to be the Ruler of the State unless he receive a free pardon.

2. The Executive Council

The Ruler shall appoint an Executive Council.
The Executive Council shall be appointed as follows, that is to say:
1. the Ruler shall first appoint as Menteri Besar to preside over the 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; and
2. 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,
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.
Notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under Article 17 of the Federal Constitution shall not be appointed Menteri Besar.
In appointing a Menteri Besar the Ruler may, in his discretion, dispense with any provision in the Constitution of this State 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 section.
The Executive Council shall be collectively responsible to the Legislative Assembly.
If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.
Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, but any member of the Council may at any time resign his office.
A member of the 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 Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

3. Legislature of the State

The Legislature of the State shall consist of the Ruler and one House, namely, the Legislative Assembly.

4. Composition of Legislative Assembly

The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provide.
(Repealed).

5. Qualifications 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 Constitution or this Constitution or by any such law as is mentioned in section 6 of the Eighth Schedule to the Federal Constitution.

6. Disqualification for membership of Legislative Assembly

Subject to the provisions of this section, a person is disqualified for being a member of the Legislative Assembly if-
1. he is and has been found or declared to be of unsound mind;
2. he is an undischarged bankrupt;
3. he holds an office of profit;
4. 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
5. he has been convicted of an offence by a court of law in the Federation (or, before Malaysia Day, in the territories comprised in the States of Sabah and Sarawak or in Singapore) and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon;
6. 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
7. 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.
The disqualification of a person under paragraph (d) or paragraph (e) of subsection (1) may be removed by the Ruler 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 subsection (1) by reason only of anything done by him before he became a citizen.
Notwithstanding anything contained in the foregoing provisions of this section where a member of the Legislative Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of subsection (1), or under a law as is referred to in paragraph (f) of subsection (1)-
1. the disqualification shall take effect upon the expiry of fourteen days from the date on which he was-
  1. convicted and sentenced as specified in the aforesaid paragraph (e); or
  2. convicted of an offence or proved guilty of an act under a law as is referred to in the aforesaid paragraph (f); or
2. 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
3. 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.
Subsection (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 (f), as the case may be, of subsection (1).
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.

7. Provision against double membership

A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.

8. Decision as to disqualification

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 section 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).
Where a member of the Legislative Assembly becomes disqualified under paragraph (e) of subsection (1) of section 6, or under a law as is referred to in paragraph (f) of subsection (1) of section 6, the foregoing subsection (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 subsection (3) of section 6.

9. Summoning, prorogation and dissolution of Legislative Assembly

The Ruler shall from time to time 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.
The Ruler may prorogue or dissolve the Legislative Assembly.
The Legislative Assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved.
Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of the dissolution and the new Legislative Assembly shall be summoned to meet on a date not later than one hundred and twenty days from that date.
A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that there is a vacancy:Provided that if a casual vacancy is established on a date within two years of the date the Legislative Assembly shall, in accordance with subsection (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.

10. Speaker of the Legislative Assembly

The Legislative Assembly shall from time to time elect as Speaker such person as the Assembly may determine and shall transact no business when the office of the Speaker is vacant other than the election of the Speaker.
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.
Any person elected as Speaker who is not a member of the Legislative Assembly-
1. shall, before he enters upon the duties of his office, take and subscribe before the Assembly an oath of office; and
2. 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 section 2 and no person shall be entitled by virtue of that paragraph to vote on any matter before the Assembly.
The Speaker may at any time resign his office and shall vacate his office-
1. when the Legislative Assembly first meets after a general election;
2. 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 subsection (1B), on his ceasing to be qualified to be a member;
3. upon being disqualified under subsection (4); or
4. if the Assembly at any time so resolves.
During any absence of the Speaker from a sitting of the Legislative Assembly such member as may be determined by the rules of procedure of the Assembly shall act as Speaker.
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 or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
Where any question arises regarding the disqualification of the Speaker under subsection (4) the decision of the Legislative Assembly shall be taken and shall be final.

11. Exercise of legislative power

The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler.
No Bill or amendment involving expenditure from the Consolidated Fund of the State may be introduced or moved in the Legislative Assembly except by a member of the Executive Council.
The Ruler shall within thirty days after a Bill is presented to him assent to the Bill.
If a Bill is not assented to by the Ruler within the time specified in subsection (2A), it shall become law at the expiration of the time specified in that subsection in the like manner as if he had assented to it.
A Bill shall become law on being assented to by the Ruler or as provided in subsection (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.
(Repealed).

FINANCIAL PROVISIONS

12. 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.

13. Expenditure charged on Consolidated Fund

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 the Constitution of the State or by State law-
1. the Civil List of the Ruler and the remuneration of the Speaker of the Legislative Assembly;
2. all debt charges for which the State is liable; and
3. any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.
For the purposes 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.

14. Annual financial statement

Subject to subsection (3), the Ruler 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 the year.
The estimates of expenditure shall show separately-
1. the total sums required to meet expenditure charged on the Consolidated Fund; and
2. subject to subsection (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
The estimated receipts to be shown in the said statement do not include any sums received by way of Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; and the sums to be shown under paragraph (b) of subsection (2) do not include-
1. 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;
2. 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;
3. 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 federal or State law.
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 financial year, the manner in which those assets are invested or held, and general heads in respect of which those liabilities are outstanding.

15. Supplies Bill

The heads of expenditure to be met from the Consolidated Fund of the State but not charged thereon, other than the sums mentioned in paragraphs (a) and (b) of section 14 (3) of the Eighth Schedule to the Federal Constitution, 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.

16. Supplementary and excess expenditure

If in respect of any financial year it is found-

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
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.

17. Withdrawals from the Consolidated Fund

Subject to the following provisions of this section, no moneys shall be withdrawn from the Consolidated Fund unless they are-
1. charged on the Consolidated Fund; or
2. authorised to be issued by a Supply Enactment.
No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.
Subsection (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of section 14 (3) of the Eighth Schedule to the Federal Constitution.
The State 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.

18. Impartial treatment of State employees

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

19. Amendment of the Constitution

The following provisions of this section shall have effect with respect to the amendment of the Constitution of this State.
The provisions affecting succession to the throne and the position of the Ruling Chiefs and similar Malay customary dignitaries may not be amended by the State Legislature.
Any other provisions may, subject to the following provisions of this section, be amended by an Enactment of the State Legislature but may not be amended by any other means.
A Bill for making an amendment to the said Constitution (other than an amendment excepted from the provisions of this subsection) 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.
The following amendments are excepted from the provisions of subsection (4), that is to say:
1. any amendment consequential on such a law as is mentioned in section 4 or section 21 of the Eighth Schedule to the Federal Constitution; and
2. 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 State Legislative Assembly and the Conference of Rulers have consented under the said Article; and
3. any amendment the effect of which is to bring the Constitution of this State into accord with any of the provisions of the said Schedule, but only if it is made after the Legislative Assembly has been elected in accordance with section 4 of that Schedule.
This section does not invalidate any provision of the Constitution of this State requiring the consent of any body of persons to any amendment affecting-
1. the appointment and attributes of an heir or heirs to the throne, of the Ruler’s Consort or of the Regent or Members of the Council of Regency of the State;
2. the removal, withdrawal, or abdication of the Ruler or his heir or heirs;
3. the appointment and attributes of the Ruling Chiefs or similar Malay customary dignitaries and of members of religious or customary Advisory Councils or similar bodies;
4. the establishment, regulation, confirmation and deprivation of Malay customary ranks, titles, honours, dignities and awards and the attributes of the holders thereof and the regulation of the royal courts and palaces.
In this section “amendment” includes addition and repeal.

PROVISIONS IN RESPECT OF YANG DI-PERTUA NEGERI IN RELATION TO THE STATES OF MALACCA PENANG SABAH AND SARAWAK

19A. Yang di-Pertua Negeri

There shall be a Yang di-Pertua Negeri of the State who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.
The Yang di-Pertua Negeri shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly of the State supported by votes of not less than two-thirds of the total number of its members.
The Legislature may by law make provision for enabling the Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, to appoint a person to exercise the functions of the Yang di-Pertua Negeri during any period during which the Yang di-Pertua Negeri is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appoint unless he would be qualified to be appointed a Yang di-Pertua Negeri.
A person appointed under subsection (3) may take the place of the Yang di-Pertua Negeri as a member of the Conference of Rulers during any period during which under that subsection he may exercise the functions of the Yang di-Pertua Negeri.

19B. Qualifications and disabilities of Yang di-Pertua Negeri

A person who is not a citizen or is a citizen by naturalisation or by registration under Article 17* [note – this article has been repealed] of the Federal Constitution shall not be appointed a Yang di-Pertua Negeri.
The Yang di-Pertua Negeri shall not hold any office of profit and shall not actively engage in any commercial enterprise.

19C. Civil List of Yang di-Pertua Negeri

The Legislature shall by law provide a Civil List of the Yang di-Pertua Negeri, which shall be charged on the Consolidated Fund and shall not be diminished during his continuance in office.

19D. Oath of office of Yang di-Pertua Negeri

The Yang di-Pertua Negeri shall before exercising his functions take and subscribe in the presence of the Chief Judge or of a judge of the High Court, an oath or affirmation in the following form, that is to say:“I, ….. having been appointed Yang di-Pertua Negeri of the State of ….. 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 ….. and to the Federation of Malaysia, and that I will preserve, protect and defend the Constitution of the Federation of Malaysia and the Constitution of the State of …..”.
Any law made under subsection (3) of section 19A shall make provision corresponding (with necessary modification) to subsection (1).

PART 2. TEMPORARY PROVISIONS ALTERNATIVE TO PROVISIONS

20. The Executive Council

The Ruler shall appoint an Executive Council.
The Executive Council shall be appointed as follows, that is to say:
1. the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a person who in his judgment is likely to command the confidence of the majority of the Assembly; and
2. he shall on the advice of the Menteri Besar appoint not more than ten nor less than four other persons.
Notwithstanding anything in this section, a person who is a citizen by naturalisation or by registration under Article 17* [note – this article has been repealed] of the Federal Constitution shall not be appointed Menteri Besar.
In appointing a Menteri Besar the Ruler may, in his discretion, dispense with any provision in the Constitution of this State 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 section.
The Executive Council shall be collectively responsible to the Legislative Assembly.
The Menteri Besar shall cease to hold office at the expiration of a period of three months from the date of his appointment, unless before the expiration of that period a resolution of confidence in him has been passed by the Legislative Assembly; and if at any time he ceases to command the confidence of the majority of the members of the Legislative Assembly, then unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.
Subject to subsection (6), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, but any member of the Council may at any time resign his office.
A member of the 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 Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

21. Composition of Legislative Assembly

The Legislative Assembly shall consist of-
1. such number of elected members as the Legislature may by law provide; and
2. such number of other members, being less than the number of elected members, as the Ruler may appoint
and until other provision is made as aforesaid, the number of elected members shall be the number specified in Article 171* [note – this article has been repealed] of the Federal Constitution.
Notwithstanding anything in section 6 of the Eight Schedule to the Federal Constitution, a person shall not be disqualified for being an appointed member of the Legislative Assembly by reason only that he holds an office of profit.

PART 3. MODIFICATIONS OF PARTS I AND II IN RELATION TO MALACCA AND PENANG

In the application of Parts I and II of this Schedule to the States of Malacca and Penang references of the Yang di-Pertua Negeri shall be substituted for references to the Ruler, and the following shall be omitted, that is to say, paragraphs (c) to (g) of section 1 (2), section 1A, section 2 (4), section 19 (2) and (6), section 20 (4), in section 14 (3) the words preceding “the sums to be shown under paragraph (b)” and in subsection 19 (3) the word “other” in the first place where it occurs.
Part I of this Schedule shall apply to the States of Sabah and Sarawak as it applies to the States of Penang and Malacca.