Malaysia legislation
Article
Article 35
(Deleted by J.G.N. No. 301/1959).
Counsellors may ask permission to resign from the Council 36.
The Counsellors have each of them the power to ask permission to resign from the Council of the Royal Court and if his request is granted he may resign.
Re-election and readmission to membership of ‘Council 37.
Any person who has been a member of the Council of the
Royal Court and has retired therefrom in the manner set forth in the above Article, shall always be eligible for re-election and readmission to the membership of the Council of the Royal
Court.
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Laws of the State of Johore
No person can be compelled to become a Counsellor 38.
Itis not compulsory for any person to obey the royal command admitting him into the Council of the Royal Court, nor is it necessary for him to give the reasons for his unwillingness.
Counsellors need not be possessed of a title 39.
Itis notobligatory that any person who becomes a Counsellor should have the title of “Dato”, whether the title of a Dato of
State or a Dato of any order conferred on him by the Sovereign, or any other title; but his rank shall be self understood among his colleagues, as in the matter of State ceremonials and in the presence of the inhabitants of the Country by virtue of his office as such Counsellor.
The Sovereign has the right to dismiss a Counsellor and the
Council may request the dismissal of any of their colleagues 40.
The Sovereign has the right and authority to dismiss and discharge any Counsellor from his office as such Counsellor and the Council of the Royal Court has the right and authority to request the Sovereign to dismiss and discharge any or their colleagues from his office as such Counsellor if such Counsellor has committed any offence of a grave nature according to Islamic law, or according to the law of the land, or according to the etiquette of honour, and has been found after full and careful enquiry to have been clearly and evidently guilty, such as committing or attempting to commit treason against the Sovereign or State, or murdering, or ordering a murder or concurring in an attempt to murder, or being privy to an act of murder, or committing piracy or robbery, or attempting to commit any of those crimes, or receiving or attempting to receive bribes, or committing any other wicked and sinful act against the law of God and the law of the Country.
And his dismissal and discharge from office as such Counsellor may or may not be accompanied by other punishment, or he may or may not be cashiered or degraded from his rank
(if he has other rank or title) as the Sovereign shall determine at the time of considering the offence of such Counsellor.
The Law of the Constitution of 1895 35
Counsellors bearing titles resigning their posts 4i.
If any Counsellor having the title of “Dato” or any other
State title, retires from his office as such Counsellor by asking permission to resign, or is discharged from his office as such
Counsellor without having committed any fault or offence such as those stated above, his distinctive or special title shall be taken from his name. For example, if the “Dato Penggawa”, or “Dato
Bintara”, were to resign the Council of the Royal Court the title which he holds by virtue of his office as such Counsellor would be taken away from him, namely, “Penggawa” or “Bintara”, and only the title or rank of “Dato” would remain to him.
Functions of the Council of the Royal Court 42.
The functions of the Council of the Royal Court are to offer counsel and advice to the Sovereign on all matters in which the
Sovereign or the royal house or any member thereof may be concerned:
Provided that any such counsel and advice shall not extend:
(a)
to any function in respect of which, according to Paragraph
(1)
of Article 7 appearing in the Second Part hereof, the Sovereign is required to act in accordance with the advice of the State Executive Council or a member thereof acting under the general authority of the Council;
(b)
to the functions referred to in subparagraphs (a) and (b)
of Paragraph (2) of Article 7 appearing in the Second
Part hereof; and
(c)
to the powers of the Sovereign conferred by Article 12
appearing in the Second Part hereof:
And provided further that any such counsel and advice offered to the Sovereign in respect of the functions referred to in subparagraphs (c), (d), (e), (f) and (g) of Paragraph (2) of Article 7 appearing in the Second Part hereof shall not in any manner affect or limit the discretion of the Sovereign in the performance thereof except in so far as it is provided by Article 10 hereof in respect of the appointment of a Council of Regency.
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Laws of the State of Johore
Meetings of the Council of the Royal Court 43.
The Council of the Royal Court shall meet at least once a year, and at other times whenever required
—
firstly, by command of the Sovereign;
secondly, at the requisition of the President of the Council;
thirdly, at the requisition of three members of the Council.
Quorum fer a Council of Royal Court 44.
In any meeting of the Council of the Royal Court five members shall form a quorum. If the Sovereign is present, then three members shall suffice to form a quorum; but it is necessary, if there is time, to give notice to all the members who are present in the country regarding the proposed meeting.