Malaysia legislation
Article XXXVIII
Article XXXVIII
(2)
The Executive Council shall be appointed as follows, that is to say—
(a)
the Ruler shall first appoint as Menteri Besar to preside over the Executive Council a 20
member of the Legislative Assembly who in
His judgment is likely to command the confidence of the majority of the members of the Assembly; and
(b)
He shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the
Legislative Assembly, but if an appointment is made while the Legislative
Assembly is dissolved a person who was a member of the last Legislative Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.
(3)
The Executive Council shall be collectively responsible to the Legislative Assembly.
(4)
If the Menteri Besar ceases to command the confidence of the majority of the members of the
Legislative Assembly, then, unless at his request the
Ruler dissolves the Legislative Assembly, he shall tender the resignation of the Executive Council.
(5)
Subject to Clause (4), a member of the Executive
Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, unless the appointment of any member of the Executive Council shall have been revoked by the Ruler on the advice of the Menteri Besar but any member of the Council may at any time resign his office.
(6)
A member of the Executive Council shall not engage in any trade, business or profession connected with any subject or department for which he is responsible and shall not, so long as he is engaged in any trade, business or profession, take part in any decision of the Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interest therein.
21
Enactment
Enactment
No. 911963.
Oath of
Office.
Political
Secretary.
Enactment
No, 3/1965.
Ruler to act on advice.