Section 101

The Yang Di-Pertua Negeri may prorogue or dissolve the Legislative Assembly”.

*

Article 24 (9) of the Constitution of the State of Sabah 1963 :-

“24 (9) If objection is taken by any member present that there are present (besides the Speaker or member presiding) fewer than one quarter of the total number of members and after such interval as may be prescribed in the Standing Orders of the Legislative Assembly, the person presiding ascertains that the number of members present is still less than one quarter of the total number of members, he shall thereupon adjourn the Assembly”.

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†

Article 15 (4) of the Constitution of the State of Sabah 1963 :-

“15 (4) During any absence of the Speaker from a sitting of the Legislative Assembly or any vacancy in the Office of Speaker such member of the Assembly as may be determined by the

Standing Orders of the Assembly shall act as Speaker.”

*

Article 23 of the Constitution of the State of Sabah 1963:-

“23 The Yang di-Pertua Negeri may address the Legislative Assembly and may send messages thereto.”

*

Article 22 of the Constitution of the State of Sabah 1963:

Oath of Speaker and Members

“22 (1) The Speaker shall before exercising the functions of his office take and subscribe before the Yang di-Pertua Negeri the oath set out in Part III of the Schedule and every member of the

Legislative Assembly shall before taking is seat take and subscribe the said oath before the

Speaker.

If a member has not taken his seat within three months from the date on which the

Legislative Assembly first sits after his election or appointment, or within such further period as the Assembly may allow, his seat shall become vacant.”

The Schedule Part III:-

“Oath of Member of the Legislative Assembly

I

, having been elected (or appointed) as a member (or having become an ex-officio member) of the Legislative Assembly of the State of Sabah, do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of Sabah and to the Federation of Malaysia and that I will preserve, protect and defend the Constitution of the State of Sabah”.

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† Article 24 (7) of the Constitution of the State of Sabah 1963 :-

“24 (7) No Bill or amendment involving expenditure from the consolidate Fund may be introduced or moved in the Legislative Assembly except by a member of the Cabinet.”

*

See the Legislative Assembly (Privileges, Immunities and Powers) Enactment 1963.

*

Articles 24 (3), (4), (5) and (6) of the Constitution of the State of Sabah 1963 :-

“24 (3) Subject to Clauses (5) and (6) and to clause (2) of Article 43, the Legislative Assembly shall, if not unanimous, take its decision by a simple majority of members voting; and if the

Speaker is absent the member presiding shall cast his vote whenever necessary to avoid an equality of votes but shall not vote in any other case, and if the Speaker is present and there is an equality of votes upon any question the motion shall be lost.

Members absent from the Legislative Assembly shall not be allowed to vote.

The Standing Orders of the Legislative Assembly may provide as respects any decision relating to its proceedings that it shall not be made except by a specified majority or by a specified number of votes.

No Bill making provision for controlling or restricting the propagation of any religious doctrine or belief among persons professing the Muslim religion shall be passed by the

Legislative Assembly unless it has been supported on the second and third readings by the votes of not less than two thirds of the total number of the members thereof.

* Article 43 (2), (3) and (4) of the Constitution of the State of Sabah 1963 :-

“43 (2) Subject to clause (3), a Bill for making an amendment to this Constitution shall not be passed by the Legislative Assembly unless it has been supported on the second or third readings by the votes of not less than two-thirds of the total number of members thereof.

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Clause (2) shall not apply to a Bill for making -

In this article “amendment” includes addition and repeal.

Article 1 (2) of the Constitution of the State of Sabah 1963 :-

“1 (2) The Yang di-Pertua Negeri shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the

Legislative Assembly supported by the votes of not less than two-thirds of the total number of the members thereof.”

Article 78 of the Federal Constitution :-

“78 – In so far as any law made by Parliament or any regulation made in pursuance of such a law restricts the rights of a State or its residents to the use for navigation or irrigation of any river wholly within that State it shall not have effect in that State unless it has been approved by a resolution of the Legislative Assembly of that State supported by a majority of the number of its members.”

Article 89 (1) and (6) of the Federal Constitution :-

“89 (1) Any land in a State which immediately before Merdeka Day was a Malay reservation in accordance with the existing law may continue as a Malay reservation in accordance with that law until otherwise provided by Enactment of the Legislative of the State, being an Enactment :-

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In this Article “Malay reservation” means land reserved for alienation to Malays or to natives of the State in which it lies; and “Malay” includes any person who, under the law of the State in which he is resident, is treated as a Malay for the purposes of the reservation of land.”

†

Article 15 of the Legislative Assembly (Privileges, Immunities and Powers) Enactment 1963 :-

“15

A member shall not in or before the Assembly or any Committee take part in the discussion of any matter in which he has a direct pecuniary interest without disclosing the extent of that interest and shall not in any circumstances vote upon any such matter.

Any member who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and liable to imprisonment for two years and a fine of five thousand ringgit.

The provisions of this section shall not apply to any vote or discussion concerning any remuneration or allowance to be received by members in their capacity as such or as members of the Cabinet, or to any interest which a member may have in any matter in common with the public generally, or with any category or section thereof”.

*

Article 26 (2) of the Constitution of the Sate of Sabah 1963 :-

“26 (2) All laws passed by the Legislative shall be styled Enactment and the words of enactment shall be “Enacted by the Legislature of the State of Sabah”.

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‡

Article 79 of the Federal Constitution :-

“79 (1) Where it appears to the presiding officer of either House of Parliament or of the

Legislative Assembly of any State that a Bill or an amendment to a Bill proposes a change in the law relating to any of the matters enumerated in the Concurrent List, or to any of the matters enumerated in the State List with respect to which the Federation is exercising functions in accordance with Article 94, he shall certify the Bill or amendment for the purposes of this Article.

A Bill or amendment certified under this Article shall not be proceeded with until four weeks have elapsed since its publication, unless the presiding officer, being satisfied that the State Governments, or as the case may be, the Federal Government have been consulted, allows it to be proceeded with on the ground of urgency”.

*

Article 30 (1) of the Constitution of the State of Sabah 1963 :-

“30 (1) The Yang di-Pertua Negeri shall, in respect of every financial year, cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the

State for that year and, unless the Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year.”

*

The words “to complete the sum necessary” are added when expenditure for part of a years has been authorised under Article 33 (4) of the Constitution of the State of Sabah, 1963, which reads as follows :-

33 (4) The Legislature may, in respect of any financial year, by law authorise before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated

Fund of any moneys required to meet that expenditure.

*

Articles 31 and 32 of the Constitution of the State of Sabah, 1963:-