Federal Constitution · Reprint · Chapter 3 · The Executive
40. Yang di-Pertuan Agong to act on advice
Feedback & supportIn the exercise of his functions under this Constitution or federal law the Yang di-Pertuan Agong shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, except as otherwise provided by this Constitution; but shall be entitled, at his request, to any information concerning the government of the Federation which is available to the Cabinet.
In the exercise of his functions under this Constitution or federal law, where the Yang di-Pertuan Agong is to act in 45
Art. 38—(cont.)
Clause (7)
a. This Clause which was added by Act 26/1963, subsection 7(3), in force from 16-09-1963, and repealed by Act A354, section 13, in force from 27-08-1976, read as follows:
“(7) The function of the Conference of Rulers of agreeing or disagreeing to the extension of any religious acts, observances or ceremonies to the Federation as a whole shall not extend to Sabah or Sarawak, and accordingly those States shall be treated as excluded from the references in Clause (2) of Article 3 and in this Article to the
Federation as a whole.”.
b. See Art. 159(5).
Art. 39
The words “and exercisable, subject to the provisions of any federal law and of the Second
Schedule, by him or by the Cabinet or any Minister authorized by the Cabinet” were inserted by Act 14/1962, section 13, in force from 31-08-1957.
Federal Constitution accordance with advice, on advice, or after considering advice, the Yang di-Pertuan Agong shall accept and act in accordance with such advice.
The Yang di-Pertuan Agong may act in his discretion in the performance of the following functions, that is to say—
the appointment of a Prime Minister;
the withholding of consent to a request for the dissolution of Parliament;
the requisition of a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Royal Highnesses, and any action at such a meeting, and in any other case mentioned in this Constitution.
Federal law may make provision for requiring the Yang di-Pertuan Agong to act after consultation with or on the recommendation of any person or body of persons other than the
Cabinet in the exercise of any of his functions other than—
functions exercisable in his discretion;
functions with respect to the exercise of which provision is made in any other Article.