Article IIC

of Article 9 shall be published in the Gazette.

Composition of Council of Regency lip.

Every Council of Regency shall consist of three members who shall be of the Malay race, subjects of His Highness and persons who profess the religion of Islam:

Provided that any person being a member of the Council of the Royal Court shall, if appointed a member of the Council of

Regency, thereupon cease to be a member of the Council of the

Royal Court for so long as he remains a member of the Council of Regency:

And provided further that any person being a member of the State Executive Council or the Legislative Assembly shall not be eligible for appointment as a member of the Council of

Regency.

Counsellor’s oath and exercise of powers by Counsellors liz.

Any person appointed to be a member of the Council of

Regency under the provisions of this Constitution shall be known as a “Counsellor of Regency” for the period of such appointment, and shall before he acts in or enters upon his office take the oath of office prescribed in the Third Schedule.

Any royal functions possessed by a Council of Regency shall be exercised jointly by the Counsellors of Regency.

Incapacity of Counsellor lir.

If the Council of the Royal Court declares in writing that it is satisfied by evidence which shall include the evidence of physicians that a Counsellor of Regency is, by reason of infirmity of mind or body, incapable for the time being of performing the

The Law of the Constitution of 1895 23

functions of his office, or that a Counsellor of Regency is not available for the performance of those functions, the Counci! of the Royal Court may—

terminate the appointment of such Counsellor and appoint another person as Counsellor in his place; or

appoint a temporary Counsellor for the period of the incapacity or non-availability of such Counsellor.

Vacancy in Council of Regency lic.

in the event, for any reason whatsoever, of a person ceasing to be a Counsellor of Regency, the Council of Regency shall not be capable of performing the royal functions until another person shall be appointed thereto in accordance with the provisions of this Constitution.

The Sovereign’s prolonged absence from the Country 12.

If the Sovereign leaves the State and Territory of Johore for more than five years from the time He first set out from His

Country and resides in a foreign place or places without suffering from any illness which may really prevent Him from returning, or without there being any excuse or business or circumstance which may necessitate His remaining still longer away in a foreign country or countries, the Council of the Royal Court shall have the right and power to hold a meeting of Council to consider the matter until a decision shall have been arrived at as to whether it is proper to wait longer for the return of the Sovereign, and if so, what length of time it is proper still to wait; or whether it is proper and necessary to take the view that He is actually not desirous to return at all and that such being the case His

Successor may be appointed and installed.

(Deleted by J.G.N. No. 301/1959).

A new Ruler being appointed 13.

Ifowing to the non-residence of the Sovereign in the Country and Territory of Johore for a full term of five years, as stated

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Laws of the State of Johore in Article 12, a Successor to Him shall have been appointed and installed, the former shall be regarded as having withdrawn himself from the State and his rights to and claims on the State, and his circumstances in respect of the State shall be the same, as those of an Ex-Sovereign, and as such he shall come under the law which determines and regulates matters relating to an

Ex-Sovereign.

It is mot mecessary for the new Ruler to abdicate in favour of the Ex-Ruler 14,

If after the new Sovereign has been appointed and installed the Ex-Sovereign should return, that circumstance shall not render it compulsory on the new Sovereign to abdicate the Throne and surrender the State rights to him again, if even his return should take place only one day after the appointment and installation of his Successor.