Malaysia legislation
Article 76
Article 76
Power of Parliament to legislate for States in certain cases
(1)
Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:
(a)
for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organization of which the Federation is a member; or
(b)
for the purpose of promoting uniformity of the laws of two or more States; or
(c)
if so requested by the Legislative Assembly of any
State.
(2)
No law shall be made in pursuance of paragraph (a) of
Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matters of native law or custom in the
States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.
(3)
Subject to Clause (4), a law made in pursuance of paragraph (b)
or paragraph (c) of Clause (1) shall not come into operation in any
State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislature.
(4)
Parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and paragraph (b) of Clause (1) and Clause (3)
shall not apply to any law relating to any such matter.
73
[Article 75]
Federal Constitution
Art. 75
See Art. 76a(2) & 162(2).
Art. 76
See Art. 159(4)(b) & 160(2), definition of the words “federal purposes”.
Clause (1): See Art. 169.
Clause (1)(b): See Art. 95d.
Clause (2)
a. The words “or to any matters of native law or customs in the Borneo States” were inserted by Act 26/1963, section 70, in force from 16-09-1963.
b. The words “Islamic law” substituted for the words “Muslim law” by Act A354, section 45 and “the States of Sabah and Sarawak” substituted for the words
“the Borneo States” by Act A354, section 43, in force from 27-08-1976.
Clause (3)
The words “for the purposes of Article 75” which appeared before the words “to be a State law” were deleted by Act 10/1960, section 11, in force from 31-05-1960.
Clause (4)
a. The words “other than mining leases” which appeared after the word “leases” were repealed by Act 14/1962, section 17, in force from 21-06-1962.
b. See Art. 80(3) & 95d.
Federal Constitution
Power of Parliament to extend legislative powers of States 76a. (1) It is hereby declared that the power of Parliament to make laws with respect to a matter enumerated in the Federal
List includes power to authorize the Legislatures of the States or any of them, subject to such conditions or restrictions (if any) as
Parliament may impose, to make laws with respect to the whole or any part of that matter.
(2)
Notwithstanding Article 75, a State law made under authority conferred by Act of Parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal
(as regards the State in question) any federal law passed before that Act.
(3)
Any matter with respect to which the Legislature of a State is for the time being authorized by Act of Parliament to make laws shall for purposes of Articles 79, 80 and 82 be treated as regards the State in question as if it were a matter enumerated in the Concurrent List.