Malaysia legislation
Article
Article 30
Excepi as Otherwise therein provided, a law made under this
Constii or benefit s some par rlicullar p person, asso shall noi affect the rights of the Ruler and
His Successors or the rights of any body politic or corporate, or of any other person.
Exercise of legislative power 31.
(1)
The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler.
(2)
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 State
Executive Council.
(3)
The Ruler shall signify His assent to a Bill by causing the
State Seal to be affixed thereto, and after assenting to a Bill He shall cause it to be published as a law.
(4)
A Bill shall become law on being assented to by the Ruler, but no law shall come into force until it has been published, without prejudice, however, to the power of Legislature to postpone the operation of any law or to make laws with retrospective effect.
56
Laws of the State of Johore
Words of enactment 32.
All laws passed by the Legislature shall be styled “Enactments”
and the words of enactment shall be “enacted by the Legislature of the State of Johore”.
Use of English language in the Legislative Assembly and legislation 33.
Subject to the provisions of Article 152 of the Federal
Constitution, for a period of ten years after Merdeka Day, and thereafter until the Legislative Assembly otherwise provides, the authoritative texts
—
(a)
of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly; and
(&) of all Enactments and all subsidiary legislation issued by the Government of the State, shall be in the English language.
Quorum 34.
No business except that of adjournment shall be transacted by the Legislative Assembly if objection is taken by any member present that there are less than one quarter of the members present besides the Speaker or other member presiding.
Minutes 35.
Minutes shall be kept of all the proceedings of the Legislative
Assembly.
FINANCE
No taxation unless authorized by law 36.
No tax or rate shall be levied by or for the purposes of the
State except by or under the authority of law.
The Law of the Constitution of 1895 57
Expenditure charged on Consolidated Fund 37.
(1)
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 this Constitution or by State law—
(a)
the Civil List of the Ruler;
(5)
all debts charges for which the State is liable; and
(c)
any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.
(2)
For the purposes of this provision debt charges include interest, sinking fund charges, repayment or amortization 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.
Annual financial statement 38.
(1)
Subject to Clause (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 that year:
Provided that there may be separate statements of estimated receipts and estimated expenditure, and in that case it shall not be necessary for the statement of receipts to be so laid before the commencement of the year to which it relates.
(2)
The estimates of expenditure shall show separately
—
(a)
the total sums required to meet expenditure charged on the Consolidated Fund; and
(b)
subject to Clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
58
Laws of the State of Johore
(3)
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 Clause (2) do not include—
(a)
sums representing the proceeds of any loan raised by the
State for specified purposes and appropriated for those purposes by the law authorizing the raising of the loan;
(b)
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;
(c)
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.
(4)
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 the general heads in respect of which those liabilities are outstanding.
Supply Bills 39,
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), (b) and (c) of Clause (3) of Article 38 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.
Supplementary and excess expenditure 40.
If in respect of any financial year it is found—
(a)
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
The Law of the Constitution of 1895 59
()
that any moneys have been expended for in excess of ny purpose he amount (if any) appropriated for that purpose by ine Supply Enactmeni, plementary estimate showing the sums requirec or spent snail be iaid before ihe Legislative Assembly and the heads of any such expenditure shali be included in 2 Supply
Bil!
41,
(i)
Subject to the following provisions of this Article, no moneys shall be withdrawn from ihe Consolidated Fund unless they are—
(a)
charged on the Consolidated Fund; or
(b)
authorized to be issued by a Supply Enactment.
(2)
No money shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.
(3)
Ciause (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of Clause (3) of Article 38.
(4)
The State Legislature may in respect of any financial year authorize 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.
THIRD Part
GENERAL PROVISIONS
Reservation of quotas in respect of services, permits, e¢c., for
Malays 1.
(1)
It shall be the responsibility of the Ruler to safeguard the special position of the Malays and the legitimate interests of other communities in accordance with the provisions of this Article.
60
Laws of the State of Johore
(2)
The Ruler shall, subject to the provisions of Article 7 of the
Second Part and of this Article, exercise His functions under the
Second Part and State law in such manner as may be necessary to safeguard the special position of the Malays and to ensure the reservation for Malays of such proportion as He may deem reasonable of positions in the public service of the State and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the State
Government and, when any permit or licence for the operation of trade or business is required by State law, then, subject to the provisions of that law and this Article, of such permits and licences.
(3)
The Ruler may, in order to ensure in accordance with
Clause (2) of this Article the reservation to Malays of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any
Public Service Commission whose jurisdiction extends to persons in the public service of the State or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities and the
Commission or authority shali duly comply with the directions.
(4)
In exercising His functions under the Second Part and State law in accordance with Clauses (1), (2) and (3) of this Article the
Ruler shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.
(5)
This Article does not derogate from the provisions of Article 2 of this Part.
(6)
Where by existing State law a permit or licence is required for the operation of any trade or business the Ruler may exercise
His functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such licences or permits for
Malays as the Ruler may deem reasonable; and the authority shall duly comply with the directions.
The Law of the Constitution of 1895 61
(7)
Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorize a
‘refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.
!
(8)
Notwithstanding anything in the Second Part, where by any
State law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of proportion of such permits or licences for Malays; but no such law shall for the purpose of ensuring such a reservation—
(a)
deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or
(b)
authorize a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or
(c)
where no permit or licence was previously required for the operation of the trade or business, authorize a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorize a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.
(9)
Nothing in this Article shall empower the. Legislature to restrict business or trade solely for the purpose of reservations for Malays.
62
Laws of the State of Johore
Impartial treatment of State employees 2.
All persons of whatever race in the same grade in the service of the State shall, subject to the terms and conditions of their employment, be treated impartially.
The State Seal 3.
(1)
The Ruler shall keep and use the
Public
Seal of the
State.
(2)
The State Seal shall bear the inscription “State of Johore
Public Seal”, and the words “Mohor Kerajaan Negeri Johore”.
The State Motto, flags and emblems 4,
The
State Motto, namely “Kepada Allah Berserah”
to be called in English “Unto God Resigned”, the emblem or arms of the State and the Flag of the State shall continue to be used as heretofore.
Amendment of the Constitution 5.
(1)
The following provisions of this Article shall have effect with respect to the amendment of this Constitution.
(2)
The provisions of the First Part, other than Articles 3 (in so far as it relates to the powers conferred upon the Supporters of the Country), 5, 10, 11a, 11, llc, 11r, 12(1), 18, 22, 23, 25,
26 and 26a, may be amended by the Ruler by Proclamation but may not be amended by the State Legislature or by any other means.
(3)
The provisions of Articles 3 (in so far as it relates to the powers conferred upon the Supporters of the Country) and 5 of the First Part may be amended by the Ruler by Proclamation issued with the advice and concurrence of the Supporters of the
Country, but may not be amended by the State Legislature or by any other means.
The Law of the Constitution of 1895 63
(4)
The provisions of Articles 10,
11a,
112p, lic,
1ir,
12(1),
18 and 23
of the First Part may be amended by the Ruler by
Proclamation issued with the advice and concurrence of the
Counci!
of the Royal Court, but may not be amended by the
State Legislature or by any other means.
(5)
The provisions of Articles 22, 25, 26 and 26a of the First
Part may, subject to Clause
(7)
, be amended by an Bnactment passed by the State Legislature and assented to by the Ruler, but may not be amended by any other means.
(6)
The provisions of any of the Articles of the Second Part and of Articles 1
to 4 and 6 to 10 inclusive of the Third Part may, subject to Clause (7), be amended by an Enactment of the
State Legislature but may not be amended by any other means.
(7)
A Bill for making an amendment to this Constitution (other than an amendment excepted from the provision of this Clause)
shali 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.
(8)
The following amendment is excepted from the provisions of Clause (7), that is to say, any amendment consequential on such a law as is mentioned in Article 15 of the Second Part.
(9)
In this
Article “amendment”
includes addition and repeal.
Application of Clause (2) of Article 160 of the Federal Constitution and the provisions of the Interpretation and General Clauses
Ordinance 1948, to the State Constitution 6.
(1)
Subject to the provisions of Article 1
of the
First and
Second Part, Clause (2) of Article 160 of the Federal Constitution shall apply for the interpretation of this Constitution as it applies for the interpretation of the Federal Constitution.
(2)
Except where the interpretation of any word or expression is expressly provided by this Constitution or the Federal Constitution or where the context otherwise requires, the *Interpretation and
*NOTE—This Ordinance has been consolidated and revised vide Interpretation Acts 1948 and 1967 [Act 388] w.e.f. 19 October 1989.
64
Laws of the State of Johore
General Clauses Ordinance 1948 (M.U.
7 of 19481, or any Act of
Parliament substituted therefore, shall apply for the interpretation of this Constitution as it applies for the interpretation of any written law.
(3)
Unless the context otherwise requires, any reference in this
Constitution to a specified Article, Part or Schedule is a reference to that Article or Part of, or to that Schedule to this Constitution;
and any reference to a specified clause is a reference to that clause of the Article in which the reference occurs.
Interpretation of the Constitution by the Federal Court 7.
(1)
Without prejudice to any appellate or revisional jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of the
State Constitution the Federal Court may, on the application of either party to the proceedings, determine that question and either dispose of the case or remit it to the other court to be disposed of in accordance with the determination.
(2)
The Ruler may refer to the Federal Court for its opinion any question as to the effect of any provision of the State Constitution which has arisen or appears to Him to be likely to arise, and the
Federal Court shall pronounce in open court its opinion on any question so referred to it.
Prerogatives of the Ruler reserved 8.
Except as expressed herein, this Constitution shall not affect the prerogatives, powers and jurisdiction of the Ruler.
Temporary provision as to composition of the State Executive
Council 9.
After the dissolution of the last Council of State the State
Executive Council shall consist of the Menteri Besar and all those persons who were members of the State Executive Council immediately before the dissolution but no such person shall continue to hold office after the date of the summoning of the first Legislative Assembly constituted under this Constitution unless he is a member of that Legislative Assembly.
The Law of ihe Constitution of 1895 65
Copies and translations 10.
(1)
The Legislative Assembly may from time io time oy resolution authorize the Commissioner of Law Revision to print copies of this Constitution or of the English iran n thereof, including ali additions, omissions, substitutions and amendments in force at the date of such authorization, and any such copy so
- printed shall be deemed for all purposes whatsoever to be a true and correct copy.
(2)
Any such copy of the English translation of this Constitution shali be deemed for all purposes whatsoever to be a true and correct translation thereof.
Kiest Scazpue
{Article 8 of the First Part]
The Oath for a Ruler
WALLAHI] WABILLAHI WATALLAHI
.
OR my accession as ig 2
eirliory of Johore and all its
Dependencies, do swear that 1 will rule the people of Johore wisely, justly, sympathetically and irapartially and
I do swear that I will protect and respect the religion of Islam and the Malay custom and abide strongiy by the Laws of the Constitution of Johore as well as other laws of the State. So help me
Ged.
Seconp ScHenuLe
{Article ils of the First Part]
The Oath for a Regent
WALLAHI WABILLAHI WATALLAHI
Terenure ea
» on my assumption of the office of Regent for the State and Territory of Johore and all its Dependencies, do swear that I will rule the people of Johore wisely, justly, sympathetically and impartially and
I do swear that I will protect and respect the religion of
Islam and the Malay custom and abide strongly by the Laws of the Constitution of Johore as well as other laws of the State. So help me God.
66
Laws of the State of Johore
Tamp Screpurt
{Article lle of the First Part]
The Oath for a Counsellor of Regency
WALLAHI WABILLAHI WATALLAHI benam
ARA
AA
Na , being chosen as a Member of the Council of Regency for the State and Territory of Johore and al!
its
Dependencies, do swear that 1 will traly, justly and sympathetically serve the people of Johore and 1 do swear that I will protect and respect the religion of
Islam and the Malay custom and abide strongly by the Laws of the Constitution of Johore as well as all other laws of the Siate. So help me God.
Rourra ScuEputs
{Article 31 of the First Pari]
The Oath for a Counsellor of Royal Court
WALLAHI WABILLAHI WATALLAHI
, having received the Royal
Command appointing me to the Council of the Royal Court do hereby declare on oath that I am a Malay, a subject of His Highness and a Muslim, and
I do swear that
I will be faithful and bear true allegiance to His Highness the Sultan of Johore and His Successors and that I will well and truly serve in the office of Counsellor of the said Council of the Royal Court. So help me God.
Witnesses: