Section 74
Temporary power to modify and apply present laws
of Malaysia Act
(2)
Subject to subsection (3), the power to make orders under subsection (1) shall include power to extend throughout Malaysia or to any State or States thereof any present law in force in any part of Malaysia about any such matter; but except in consequence of the extension of any present law no such order shall modify any State law.
Malaysia 67
(3)
An order under subsection (1) shall not, without the concurrence of the Ruler or Governor, as the case may be, make as respects any State any provision which in an Act of Parliament could not be made or could not come into operation without the agreement (however expressed) of a State authority, nor extend to the State any law relating to matters about which the Legislature of the State has power to make laws, nor modify any State law.
(3a)
In addition to the powers conferred by subsections (1)
and (2); the Yang di-Pertuan Agong may, with the concurrence of the Ruler or Governor of each State in Malaysia in which the law has effect, by order declare any present law to be a federal law, whether that law relates—
(a)
wholly to a matter in the Federal List; or
(b)
partly to a matter in the Federal List and—
(i)
partly to a matter in the State List or the
Concurrent List; or
(ii)
partly to a matter in the State List and partly to a matter in the Concurrent List;
and any order so made shall, unless or until it is amended or repealed, be conclusive evidence that any law declared by it to be a federal law is a federal law.
(4)
In any present law of a Borneo State or of Singapore which is to be treated as State law the Yang di-Pertuan Agong may be order make (in addition to any modifications made under subsection (1)), such modifications as may be requested by the
Governor and appear to him to be necessary or expedient in consequence of the passing of this Act.
(5)
Any Act of Parliament or other law passed for the Federation before Malaysia Day which in the States of Malaya has effect as
State law may by order of the Yang di-Pertuan Agong be extended to a Borneo State or Singapore, with or without modification, so as to have effect as State law in that State; but no law extended to a State under this subsection without the concurrence of the
Governor shall come into operation in the State until adopted by an enactment of the Legislature.
Act 26/1963
(6)
Any provision made by an order under this section with respect to any law may be amended or repealed—
(a)
in like manner as that law; or
(b)
subject to subsection (8), by an order made in like manner as the order by which the provision was made.
(7)
Orders under this section may be made at any time after the passing of this Act, and references to the Governor of a State shall be construed accordingly; and as respects the Federation orders under this section may be made to have effect before
Malaysia Day.
(8)
Any power to make orders under this section shall, notwithstanding anything contained in this section, after the 9th day of August, 1965 (hereinafter referred to as ‘Singapore Day’)—
(a)
cease to apply to any present law of Singapore;
(b)
apply to any law passed or made in any part of Malaysia other than in Singapore between Malaysia Day and
Singapore Day;
(c)
not affect the law of Singapore as in force on Singapore
Day;
(d)
apply to such modifications as appear to the
Yang di-Pertuan Agong necessary or expedient in consequence of the passing of the Constitution and
Malaysia (Singapore Amendment) Act, 1965, as well as this Act; and
(e)
continue until the end of August, 1966, and thereafter until Parliament otherwise provides.
(9)
Any orders under this section shall be laid before each
House of Parliament; and if either House, at or before the second meeting begun after the order is laid before it, resolves that the order or any provision in it be annulled, the order or that provision of it shall cease to have effect, but without prejudice to anything previously done thereunder.
Malaysia 69
(10)
In this section “modification’ includes amendment, adaptation and repeal, and any power under this section to make modifications includes power to provide for savings and other transitional provisions.