Malaysia legislation
Article I
Article 60
(Deleted by J.G.N. No, 301/1959).
Motto of the royal family 61.
The Crown, together with all the Insignia of Royalty, and the Sovereign’s Standard, all these shall for ever be used and adhered to in their present forms and descriptions respectively without any alteration or variation; and likewise the Motto of the royal family “Muafakat itu Berkat” (Concord is a Blessing)
shall be used and perpetuated.
The Orders and the
Iron Medal to be continued in perpetuity 62.
The two kinds of Orders now existing shall permanently be used and continued in perpetuity in their present shapes and forms, namely, “The Most Esteemed Family Order”, and “The
Most Honourable Order of the Crown of Johore”; and of the present Medals the “Iron Medal” shall permanently be used and perpetuated as a reward for bravery and for meritorious services rendered to the State in deeds perilous to human life.
Caution against creating new Orders 63.
Although it is stated in this Law that the said Orders shall be used and perpetuated it is not forbidden or interdicted to the
Sovereign to make, create, and institute other Orders and Badges of Honour and Dignity, for the Sovereign is the fountain of all honours and dignities; but it is reminded that no other Order shall be made, created, and instituted merely for the sake of increasing and multiplying the number of Orders, without considering carefully and well whether it would be useful and desirable to create new
Orders, because too great a number and too much display in the
Country of tokens of honour and dignity will have the effect of diminishing their estimation and value, especially in the case of a small State.
The Law of the Constitution of 1895 39 64.
(Deleted by J.G.N. No. 301/1959).
SECOND PART
THE MACHINERY OF GOVERNMENT
Interpretation i.
(1)
In this Part and the Third Part unless the context otherwise requires —
“citizen” means a citizen of the Federation by virtue of Part
III of the Federal Constitution;
“Consolidated Fund” means the Consolidated Fund of the State referred to in Part VII of the Federal Constitution;
“Federal Constitution”
means the
Constitution of the
Federation;
“financial year’ means the year beginning on the first day of
January and ending on the thirty-first day of December;
“Gazette” means the official Gazette of the Federation or the part of such Gazette which comprises the official Gazette of the
State of Johore;
“Government Printer” includes any printer purporting to be the printer authorized to print Enactments and other documents of the Government of the State of Johore;
“Legislative Assembly” means the legislative body of the State heretofore known as the Majlis Mesyuarat Negeri and hereafter to be known as the Dewan Negeri and to be regulated under the provisions of this Part;
“Malay custom” means Malay custom as from time to time observed in the State or in any particular area within the State, as the case may require;
“meeting” means any sitting or sittings of the Legislative
Assembly or a Council constituted under this Part commencing when the Assembly or Council first meets after being summoned
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Laws of the State of Johore at any time and terminating when the Assembly or Council is adjourned sine die or at the conclusion of a session without adjournment;
“Menteri Besar” means the Chief Minister and senior executive officer appointed by virtue of Article 3 of this Part;
“Ruler” means His Highness the Sultan and Sovereign Ruler of the State of Johore and includes His Successors and, where the context admits, His Predecessors; and in the case of a Regency, includes the Regent, or if there is a Council of Regency, such
Council;
“session” means the sittings of the Legislative Assembly commencing when the Assembly first meets after being constituted or after its prorogation or dissolution at any time, and terminating when the Assembly is prorogued or is dissolved without having been prorogued;
“State” means the
State of Johore and includes all the
Dependencies, islands and places which on the coming into force of this Part were administered as part thereof, and the territorial waters adjacent thereto;
“State Executive Council” means the Majlis Mesyuarat Kerajaan established under the provisions of this Part;
“State Seal” means the Public Seal of the State described in
Article 3 of the Third Part;
“State Secretary”, “State Legal Adviser” and “State Financial
Officer” mean respectively the officers appointed under
Clause (1) of Article 6 of this Part;
“the Speaker” means the Speaker of the Legislative Assembly appointed by virtue of Article 24 of this Part.
(2)
Whenever reference is made in this Part to a public officer by the term designating his office, such reference means the officer for the time being lawfully discharging the functions of that office.
The Law of the Constitution of 1895 41
i
EXECUTIVE AUTHORITY
Executive authority 2.
(1)
The executive authority of the State shall be vested in the
,Ruler but executive functions may by law be conferred on other persons or authorities.
(2)
All executive authority of the Siate shall be expressed to be taken in the name of the Ruler.
‘Appointment of Menteri Besar 3.
(1)
The Ruler shall appoint, by Instrument under His Sign
Manual and the State Seal, a Menteri Besar having the qualification referred to in paragraph (a) of Clause (2) of Article 4, who shall be the Chief Minister and Senior Executive Officer in the State.
(2)
Subject to the provisions of Clause
(4)
of Article 4, no person shall be appointed to be Menteri Besar unless he is of the Malay race and professes the religion of Islam.
The State Executive Council 4.
(1)
The Ruler shall appoint a State Executive Council.
(2)
The State Executive Council shall be appointed as follows, that is to say—
(a)
the Ruler shall first appoint as Menteri Besar to preside over the State Executive Council a member of the
Legislative Assembly who in His judgment is likely to command the confidence of the majority of the members of the Assembly; and
(b)
He shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the Legislative Assembly, but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative
Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.
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Laws of the State of Johore
(3)
Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under *Article 17 of the Federal Constitution shall not be appointed Menteri Besar.
(4)
In appointing a Menteri Besar the Ruler may, in His discretion, dispense with any provision in
Clause
(2)
of
Article 3 restricting His choice of a Menteri Besar, if in His opinion it is necessary to do so in order to comply with the provisions of this Article.
(5)
The State Executive Council shall be collectively responsible to the Legislative Assembly.
(6)
If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the State Executive Council.
(7)
Subject to Clause
(6)
, a member of the
State Executive
Council other than the Menteri Besar shall hold office at the
Ruler’s pleasure unless his appointment as a member shall have been revoked by the Ruler on the advice of the Menteri Besar, but any member of the Council may at any time resign his office.
(8)
The Menteri Besar shall not hold any office of profit and shall not actively engage in any commercial enterprise.
(9)
A member of the State Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the State Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interest therein.
(10)
The Legislature shall by law make provision for the remuneration of the members of the State Executive Council.
Oath of office 5.
Except for the purpose of enabling this Article to be complied with, no member shall sit or vote in the State Executive Council
*NOTE—This Article has been deleted vide Constitution (Amendment) Act 1962 (Act 14/1962]
w.e.f.
1 July 1963.
The Law of the Constitution of 1895 43
until he shail have taken and subscribed before the Ruler or some person authorized by the Ruler in that behalf, the oath set out in the Fifth Schedule, and to which oath shall be added such words as will, according to his religious beliefs, bind the conscience of the person taking the oath.
Appointment of certain officers 6.
(1)
The Ruler shall, on the recommendation of the appropriate
Service Commission, by Instrument under His Sign Manual and the State Seal, appoint a person hoiding wholetime office in the public services to be the State Secretary, the State Legal Adviser and the State Financial Officer respectively:
Provided that before acting on the recommendation of the
Service Commission the Ruler shall consider the advice of the
Menteri Besar and may once refer the recommendation back to the Commission in order that it may be reconsidered:
And provided that in the event of there being no Service
Commission having jurisdiction in respect of any appointment of any of the officers mentioned in this Clause, such appointment may be made by the Ruler acting in His discretion.
(2)
(a)
The State Secretary who shall be of the Malay race and profess the religion of Islam, shall be the principal officer in charge of the administrative affairs of the State.
(b)
The
State Legal Adviser shall advise on legal matters connected with the affairs of the Government of the State referred to him by the Ruler or the State Government.
(c)
The State Financial Officer shall be the principal officer in charge of the financial affairs of the State.
(3)
Each of such officers shall have the right to take part in the proceedings of the State Executive Council and the Legislative
Assembly and may be appointed to any committee thereof but shall not have any vote in the State Executive Council or the
Legislative Assembly or in any such committee.
(4)
Before any such officer first attends a meeting of the State
Executive Council he shall take and subscribe in the presence of the Menteri Besar the oath of secrecy set out in the Seventh
Schedule.
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Laws of the State of Johore
(5)
The person holding the office of State Secretary, State
Legal Adviser and State Financial Officer respectively immediately before the coming into operation of this Article shall continue to hold that office in like manner as if he has been appointed under this Article.
Appointment of Political Secretary or Press Secretary 6a.
(1)
The Menteri Besar may appoint such number of persons as he may think fit to be Political Secretaries and Press Sécretaries.
(2)
Any person appointed as a Political Secretary or a Press
Secretary by virtue of this Article
—
(a)
may resign his office at any time;
(b)
subject to paragraph (a) shall continue in office until such time as his appointment is determined by the Menteri
Besar.
(3)
Before a Political Secretary or a Press Secretary exercises the function of his office he shail take and subscribe in the presence of the Menteri Besar the following oath of secrecy—
do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a Political Secretary or a Press Secretary except as may be required for the due discharge of my duties as such or as may be specially permitted by the Menteri Besar.”.
(4)
The duties and functions of a Policital Secretary or a Press
Secretary and his remuneration shall be determined by the State
Executive Council.
Ruler to act on advice 7.
(1)
In the exercise of His functions under this Constitution or any law or as a member of the Conference of Rulers the Ruler shall act in accordance with the advice of the State Executive
The Law of the Constitution of 1895 45
Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal
Constitution or this Constitution;
but shall be entitled, at His request, to any information concerning the Government of the
State which is available to the State Executive Council.
(2)
The Ruler may act in His discretion in the performance of the following functions (in addition to those in the performance of which He may act in His discretion under the Federal Constitution)
that is to say—
(a)
(b)
(c)
(a)
(e)
P
(g)
the appointment of a Menteri Besar;
the withholding of consent to a request for the dissolution of the Legislative Assembly;
the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Highnesses or religious acts, observances or ceremonies;
any function as Head of the religion of Islam or relating to the custom of the Malays;
the appointment of an heir or heirs, Consort, Regent or
Council of Regency;
the appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto;
the regulation of royal courts and palaces.
(3)
State law may make provision for requiring the Ruler to act after consultation with or on the recommendation of any person or body of persons other than the State Executive Council in the exercise of any of His functions other than—
(a)
(b)
functions exercisable in His discretion;
functions with respect to the exercise of which provision is made in this Constitution or the Federal Constitution.
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Laws of the State of Johore
Official language 8.
The official language of the State Executive Council shall be Malay:
Provided that—
(a)
notwithstanding the provision of this Article the English language may be used for such period and for such purposes as may for the time being be provided by or in accordance with Article 152 of the Federal Constitution;
and
(b)
an official English version shall be provided of anything which is required to be printed or reduced into writing, and may be published in the Gazette.
Quorum of State Executive Council 9.
The State Executive Council shall not be disqualified for the transaction of business by reason of any vacancy among the members; but no business except that of adjournment shall be transacted if objection is taken by any member present that there are less than three members present besides the member presiding.
Appeals to State Executive Council 10.
When under any written law an appeal against the decision of any person lies to the Ruler or to the Ruler in Council, it shall be lawful for the Ruler or Ruler in Council, when such appeal is made, to appoint a committee consisting of not less than three members of the State Executive Council for the purpose of hearing such appeal and advising the Ruler or Ruler in Council, as the case may be, as to the decision that should be made thereon.
Minutes