EMERGENCY POWERS (KELANTAN) ACT 1977

This Act may be cited as the Emergency Powers (Kelantan) Act 1977, and it shall come into force on the date of its publication in the Gazette.

ACT 192

"Director" means the Director of Government, State of Kelantan appointed under section 3 (1);

"Executive Council" means the State Executive Council of the State of Kelantan.

"Mentri Besar" means the Mentri Besar of the State of Kelantan;

"State" means the State of Kelantan.

For as long as this Act remains in force, all authority, powers, duties and functions under the Constitution of Kelantan or any other written law which before the commencement of this Act were exercisable or could be discharged or performed by the Mentri Besar or the Executive Council, shall be exercised, discharged and performed by the Director.

For as long as this Act remains in force, the Mentri Besar and the Executive Council shall not exercise any authority or powers, or discharge any duties, or perform any functions which by virtue of this Act are to be exercised, discharged or performed by the Director under section 4.

The Ruler of the State shall be entitled, at his request, to any information concerning the Government of the State which is available to the Director.

The Director shall be subject to general or specific directions which may be given to him by the Prime Minister, and it shall be the duty of the Director to forthwith comply with and give effect thereto.

The Director shall have of the Government and State and may issue from thereto.

the direction, control and charge he administrative affairs of the time to time directions relating

Where legislative authority in respect of any matter is required to be exercised by the State of Kelanja, the same shall not be exercised by the Legislative Assembly of the State but shall be exercised by way of regulations made by the Ruler of the State, acting on the advice of the Director. Legislative authority of the State to be exercised by the Ruler.

The Director and the members of the State Advisory Council shall be deemed to be public servants within the meaning of the Penal Code.

No action, suit, prosecution or other proceeding whatsoever shall lie or be brought or instituted against the Prime Minister, the Director, the State Advisory Council or any member thereof, or any public officer, either personally or in his or their official capacity, or against any person acting on behalf of the Prime Minister, the Director, the State Advisory Council or any member thereof, or any public officer, in respect of any act done or statement made or purporting to have been done or made in pursuance or intended pursuance of this Act or any subsidiary legislation made thereunder.

Power to make rules.

The Prime Minister may make such rules as he may deem necessary or expedient for giving effect to the provisions of this Act or carrying out the purposes of this Act, and without prejudice to the generality of the foregoing, rules made under this section may provide for—

Nothing in this Act or any subsidiary legislation made thereunder shall in any manner derogate from or be so construed as to affect the continuing validity of any Ordinance, regulations, rules, orders or other legislation whatsoever made, or the validity of any legislation whatsoever which may hereafter be made, by virtue of the Proclamation of Emergency issued by the Yang di-Pertuan Agong on the 15th day of May 1969, and this Act and any subsidiary legislation made thereunder shall be read as being in addition thereto.

This Act and subsidiary legislation thereunder not to derogate from, and be in addition to, any legislation under the Proclamation of Emergency dated 15-5-1969. P.U. (A) 145/69.