Section 1
(2)
This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of Article 56
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Quick answer
CONSTITUTION (AMENDMENT) (NO. 2) ACT 2025 is Malaysia Amendment Act, cited as Amendment Act A1767 2025, currently marked in force and first recorded in 2025.
Opening note
This Act comes into operation on a date to be appointed by the Yang di-Pertuan Agong by notification in the Gazette.
Amendment of Article 56
The Federal Constitution is amended in Article 56—
in Clause (2), by inserting after the words “Clause (5)”
the words “or Clause (5a)”;
by inserting after Clause (5) the following Clause:
“(5a) A member who is elected to be President or
Deputy President shall not be disqualified from holding such office by virtue of his membership in the Parliamentary Service Council established under a federal law provided that the member who is elected to be President or Deputy President does not receive any remuneration, reward, profit or benefit from it.”; and
in Clause (6), by inserting after the words “Clause (5)”
the words “or Clause (5a)”.
Amendment of Article 57
Article 57 of the Federal Constitution is amended—
in paragraph (bb) of Clause (2), by inserting after the words “Clause (5)” the words “or Clause (5a)”;
by inserting after Clause (5) the following Clause:
“(5a) A person who is elected to be Speaker or Deputy Speaker shall not be disqualified from holding such office by virtue of his membership in the Parliamentary Service Council established under a federal law provided that the person who is elected to be Speaker or Deputy Speaker does not receive any remuneration, reward, profit or benefit from it.”; and
in Clause (6), by inserting after the words “Clause (5)”
the words “or Clause (5a)”.
Amendment of Article 65
Article 65 of the Federal Constitution is amended—
by substituting for Clause (2) the following Clause:
“(2) The Clerk to the Senate and the Clerk to the House of Representatives shall be appointed by the Yang di-Pertuan Agong and each shall hold office until his terms of appointment expire, his appointment is revoked or he resigns his office.”; and
Constitution (Amendment)
by inserting after Clause (2) the following Clauses:
“(2a) The Clerk to the Senate and the Clerk to the House of Representatives shall be disqualified from being a member of either House of Parliament or the Legislative Assembly of any State.
Except as otherwise expressly provided by this
Article, the qualifications for appointment and conditions of service of the Clerk to the Senate and the Clerk to the House of Representatives may be regulated by federal law.”.
Saving
If the person holding the office of the Clerk to the
Senate or the Clerk to the House of Representatives before the date of coming into operation of this Act has opted to become a member of the Parliamentary Service established under a federal law, on the date of coming into operation of this Act—
the person shall be employed on terms and conditions of service to which he was entitled to immediately before the date of coming into operation of this Act; and
the person shall be deemed to be a member of the public service for the purposes of the Pensions Act 1980 [Act 227].