Malaysia legislation
Article LXXV
Article LXXV
(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.
(2)
The Ruler shall, subject to the provisions of
Article XL of this
Part, exercise His functions under this
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 the 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 specialities, 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 shall duly comply with the directions.
(4)
In exercising His functions under this Part and
State law in accordance with Clause (1), (2) and (3) of this Article the Ruler shall not deprive any person of 38
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 LXXVI.
(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 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 of Malays as the
Ruler may deem reasonable; and the authority shall duly comply with the directions.
(7)
Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise 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 this 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 a proportion of such permits or licences for Malays;
but not such law shall for the purpose of ensuring such a reservation—
(a)
deprive or authorise the deprivation of any person or any right, privilege, permit or licence accrued to or enjoyed or held by him; or
(b)
authorise 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 39
Impartial treatment of State employees.
The State
Seal.
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, authorise 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 authorise 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.
B. Impartial Treatment