Section 96
First delimitation of constituencies
of Malaysia Act
(2)
The Election Commission, at such time as may be notified to them on behalf of the Federal Government, shall take into consideration the division of the State into constituencies and, within such period as may be so notified, shall submit to the
Prime Minister a report showing—
(a)
the constituencies into which they recommend the
State should be divided in order to give effect to the principles set out in section 2 of the Thirteenth Schedule to the Constitution; and
(b)
the names by which they recommend that those constituencies should be known.
(3)
In applying the said section 2 for the purpose of that report the Election Commission shall estimate the number of electors from such information as is reasonably available to them, and section 3 of the said Thirteenth Schedule (which directs the number of electors to be taken to be as shown on the current electoral rolls) shall not apply for that purpose.
Act 26/1963
(4)
Before making their report to the Prime Minister on the
State, the Election Commission shall publish in the Gazette and in at least one newspaper circulating in the State, and in any other manner they think necessary to secure that it may become generally known among persons interested, a notice stating—
(a)
the effect of their proposed recommendations, and that a copy of those recommendations is open to inspection at a specified place in each of the proposed constituencies; and
(b)
that representations with respect to the proposed recommendations may be made to the Commission within one month after the publication of the notice;
and the Commission shall take into consideration any representations duly made in accordance with any such notice.
(5)
As soon as may be after the Election Commission have submitted their report on the State to the Prime Minister, he shall lay the report before the House of Representatives.
(6)
Together with the report there shall be laid before the
House the draft of an order for giving effect with or without modifications to the recommendations contained in the report, and a draft order for that purpose shall not be submitted to the
Yang di-Pertuan Agong until the House has been given the opportunity to debate the report on a motion relating to such an order.
(7)
If, on such a motion, the draft order is approved by resolution of the House, it shall be submitted to the Yang di-Pertuan Agong in the form in which it is so approved.
(8)
If, on such a motion, the draft order is not so approved, then unless the Prime Minister thinks fit to lay a further draft before the House (in which event this and the preceding subsection shall apply to that draft as they apply to the draft first laid before the
House), the draft order shall be submitted to the Yang di-Pertuan
Agong with such modifications (if any) as the Prime Minister thinks fit having regard to the debate on the draft order.
(9)
Before a draft order is submitted to the Yang di-Pertuan
Agong under subsection (8), or a further draft laid instead before the House, the Prime Minister shall have such consultation with the Election Commission as he may consider necessary.
Malaysia 91
First Schedule
Insertion of New Articles in Constitution
Articles of Constitution
Article
Sections of Act, and provision for insertion 1
The name, States and territories of the Federation.
Section 4 of the Act is to be inserted as
Article 1, in place of the present Article.
14 15
Citizenship by operation of law.
Citizenship by registration
(wives and children of citizens).
Sections 23 and 25 of the Act are to be inserted as Articles 14 and 15
respectively, in place of the present
Articles.
16a
Citizenship by registration
(persons resident in Borneo
States on Malaysia Day).
Section 26 of the Act is to be inserted as
Article 16a, after the present Article 16.
19 19a
Citizenship by naturalization.
Transfer of citizenship to and from Singapore.
Sections 27 and 28 of the Act are to be inserted as Articles 19 and 19a respectively, in place of the present
Article 19.
28a
Deprivation of citizenship
(Singapore citizens, and persons becoming citizens on
Malaysia Day).
Section 30 of the Act is to be inserted as
Article 28a, after the present Article 28.
30a 30b
Franchise, etc., of Singapore citizens and other citizens.
Liaison as to citizenship between governments of
Federation and Singapore.
Sections 31 and 32 of the Act are to be inserted as Articles 30a and 30b respectively, after the present
Article 30.
46
Composition of House of
Representatives.
Section 9 of the Act is to be inserted as Article 46, in place of the present
Article.
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Act 26/1963
Articles of Constitution
Article
Sections of Act, and provision for insertion 76a
Power of Parliament to extend legislative powers of States.
Subsections (1), (2) and (3) of section 37
of the Act are to be inserted as
Article 76a, after the present Article 76.
88
Application of Articles 83 to 87 to States not having a Ruler.
Section 44 of the Act is to be inserted as Article 88, in place of the present
Article.
95b 95c 95d 95e
Modifications for
Borneo
States and
Singapore of distribution of legislative powers.
Power by order to extend legislative or executive powers of Borneo States.
Exclusion for Borneo States and Singapore of Parliament’s power to pass uniform laws about land or local government.
Exclusion of Borneo States and Singapore from national plans for land utilization, local government, development, etc.
Sections 35, 38, 42 and 43 of the Act are to be inserted as Articles 95b, 95c,
95d and 95e respectively, after the present Article 95a, and are to become
Chapter 8 of Part VI under the heading
“Application to Borneo States and
Singapore”.
112a 112b 112c 112d 112e
State audits in Borneo States and Singapore.
Borrowing powers of Borneo
States and Singapore.
Special grants and assignments of revenue to Borneo States.
Reviews of special grants to
Borneo States.
Financial arrangements with
Singapore.
Sections 50, 49, 46, 47 and 48 of the
Act are to be inserted as Articles 112a,
112b, 112c, 112d and 112e respectively, after the present Article 112, and are to become Chapter 2 of Part VII under the heading “Application to Borneo States and Singapore”, with Articles 96 to 112
becoming Chapter 1 under the heading
“General”.
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Malaysia 93
Articles of Constitution
Article
Sections of Act, and provision for insertion 121 122 122a 122b 122c 123 124
Judicial power of the
Federation.
Constitution of Federal Court.
Constitution of High Courts.
Appointment of Judges of
Federal Court and of High
Courts.
Transfer of judge of one High
Court to another.
Qualifications of judges of
Federal Court and of High
Courts.
Oath of office of judges
Sections 13, 15, 16, 17, 18, 19 and 20
of the Act are to be inserted as Articles 121, 122, 122a, 122b, 122c, 123 and 124 respectively, in place of the present
Articles 121 to 124.
128
Jurisdiction of Federal Court.
Section 14 of the Act is to be inserted as Article 128, in place of the present
Articles 128 and 129.
131a
Provision for incapacity, etc., of Lord President or Chief
Justice.
Section 21 of the Act is to be inserted as Article 131a, after the present
Article 131.
138
Judicial and Legal Service
Commission.
Section 52 of the Act is to be inserted as Article 138, after the present
Article 137.
146a 146b 146c 146d
Branches in Borneo States and in Singapore of Judicial and
Legal Service Commission.
Branches in each Borneo State and in Singapore of Public
Services Commission.
Supplementary provisions as to branches of Commissions.
Jurisdiction of Police Force
Commission over seconded members of State service in
Borneo States.
Sections 54, 55, 56 and 57 of the Act are to be inserted as Articles 146a,
146b, 146c and 146d respectively, after the present Article 146.
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Act 26/1963
Articles of Constitution
Article
Sections of Act, and provision for insertion 159a
Operation of transitional provisions of Malaysia Act.
Section 71 of the Act is to be inserted as Article 159a, after the present
Article 159.
161 161a 161b 161c 161d 161e
Use of English and of native languages in Borneo States.
Special position of natives in
Borneo States.
Restriction on extension to non-residents of right to practise before courts in Borneo States.
Muslim education in Borneo
States.
Freedom of religion.
Safeguards for constitutional position of Borneo States.
Sections 61, 62, 63, 64, 65 and 66
of the Act are to be inserted as
Articles 161, 161a, 161b, 161c, 161d and 161e respectively, after the present
Article 160, and are to become, with
Articles 161f to 161h, Part XIIa under the heading
“Additional protections for Borneo States and
Singapore”, and to be Chapter 1 of that
Part under the heading “Borneo States”.
161f 161g 161h
Use of unofficial languages in
Singapore Assembly.
Special position of Malays in
Singapore.
Safeguards for constitutional position of Singapore.
Sections 67, 68 and 69 of the Act are to be inserted as Articles 161f, 161g and 161h respectively, after the new Article 161e, and are to become Chapter 2 of the new Part XIIa under the heading
“Singapore”.
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Malaysia 95
Second Schedule
Section Added to Eighth Schedule to Constitution