Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore/Annex C

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Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore
by the Governments of the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore
ANNEX C: THE CONSTITUTION OF THE STATE OF SARAWAK




ANNEX C


THE CONSTITUTION OF THE STATE OF SARAWAK



TABLE OF CONTENTS
PART 1

THE STATE GOVERNMENT
Chapter 1—The Governor

  1. Governor of the State.
  2. Qualifications and disabilities of Governor.
  3. Civil List of Governor.
  4. Oath of office of Governor.


    Chapter 2—The Executive



  5. Executive Authority.
  6. The Supreme Council.
  7. Tenure of office of members of Supreme Council
  8. Oaths of members of Supreme Council.
  9. Allocation of portfolio and provision regarding private business interests.
  10. Governor to act on advice.
  11. Appointment of State Secretary, State Attorney-General and State Financial Secretary.


    Chapter 3—Capacity as respects property, contracts and suits


  12. Capacity of State as respects property, contracts and suits.


    PART II
    THE LEGISLATURE



  13. Constitution of Legislature.
  14. Composition of Council Negri.
  15. The Speaker.
  16. Qualifications of members.
  17. Disqualifications for membership.
  18. Tenure of seats of members.
  19. Decision as to disqualification.
  20. Penalty for unqualified person sitting or voting in the Council Negri.

  1. Summoning, prorogation and dissolution of Council Negri.
  2. Oath of Speaker and members.
  3. Address by Governor.
  4. Procedure of Council Negri.
  5. Privileges of the Council Negri and members.
  6. Exercise of Legislative power.
  7. Supremacy of Constitution.


    PART III
    FINANCIAL PROVISIONS


  8. No taxation unless authorized by law.
  9. Consolidated Fund.
  10. Annual financial statement.
  11. Supply Bills.
  12. Supplementary and excess expenditure.
  13. Withdrawals from Consolidated Fund.
  14. Financial Year.


    PART IV
    THE PUBLIC SERVICE


  15. The Public Service Commission.
  16. Functions of Commission.
  17. Procedure of Commission.
  18. Impartial treatment of State employees.


    PART V
    GENERAL PROVISIONS


  19. Reservation of quotas in respect of the public service and educational facilities for Natives.
  20. The Public Seal.
  21. Amendment of Constitution.
  22. Authorized reprints of Constitution.
  23. Re-appointment and re-election.
  24. Interpretation.
  25. Commencement.


  1. PART VI
    TRANSITIONAL PROVISIONS


  2. Existing Laws.
  3. Succession to property.
  4. Rights, liabilities and obligations.
  5. First Governor.
  6. Transitional provisions relating to Supreme Council.
  7. Transitional provisions relating to the Legislature.
  8. Transitional financial provisions.
  9. Transitional provisions relating to Public Service Commission.
  10. Existing officers.
  11. Secondment of members of the Public service to Federal Service.
  12. Compulsory retirement to facilitate appointment of local candidates.
  13. Police Board.
  14. Modification of form of oath in certain cases.


PART I
Oath of office of Governor.
PART II
Oath of Member of Supreme Council.
PART III
Oath of Speaker or Member of the Council Negri.
PART IV
Oath of Member of Public Service Commission.



THE CONSTITUTION OF THE STATE OF
SARAWAK

PART I
THE STATE GOVERNMENT

Chapter 1—The Governor



Governor of the State.

1.- (1) There shall be a Governor of the State, who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.
(2) The Governor 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 Council Negri supported by the votes of not less than two-thirds of the total number of the members thereof.
(3) The Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, may appoint a person to exercise the functions of the Governor during any period during which the Governor is unable to do so himself owing to illness, absence or any other cause; but no person shall be so appointed unless he would be qualified to be appointed as Governor.
(4) A person appointed under clause (3) may take the place of the Governor as a member of the Conference of Rulers during any period during which, under that clause, he may exercise the functions of the Governor.


Qualifications and
disabilities of Governor.

2.-- (1) A person who is not a citizen or is a citizen by naturalisation shall not be appointed as Governor.
(2) The Governor shall not hold any office of profit and shall not actively engage in any commercial enterprise.

Civil List of Governor.

3. The Legislature shall by law provide a Civil List of the Governor, which shall be a charge on and paid out of the Consolidated Fund and shall not be diminished during his continuance in office.


Oath of office of Governor.

4. The Governor, and any person appointed under Clause (3) of Article 1, shall before exercising his functions take and subscribe in the presence of the Chief Justice or of a Judge of the High Court an oath in the form set out in Part I of the Schedule.


Chapter 2—The Executive


Executive authority.

5. (1) The executive authority of the State shall be vested in the Governor but executive functions may by law be conferred on other persons.


The Supreme Council.

6. (1) There shall be a Supreme Council to advise the Governor in the exercise of his functions.
(2) The Supreme Council shall consist of—
(a) a Chief Minister and five other members appointed in accordance with, clause (3) ; and
(b) three ex officio members, namely, the State Secretary, the State Attorney-General and the State Financial Secretary.
(3) The Governor shall appoint as Chief Minister a member of the Council Negri who in his judgment is likely to command the confidence of a majority of the members of the Council Negri and shall appoint the other members mentioned in paragraph (a) of clause (2) in accordance with the advice of the Chief Minister from among the members of the Council Negri:
Provided that if an appointment is made while the Council Negri is dissolved a person who was a member of the last Council may be appointed but shall not continue to hold office after the first sitting of the next Council Negri unless he is a member thereof.
(4) Notwithstanding anything in this Article, a person who is a citizen by naturalization shall not be appointed Chief Minister.
(5) The Chief Minister shall not hold any office of profit and shall not actively engage in any commercial enterprise.
(6) The Supreme Council shall be collectively responsible to the Council Negri.

Tenure of office of members of Supreme Council.

7.- (1) If the Chief Minister ceases to command the confidence of majority of the members of the Council Negri, then, unless at his office request the Governor dissolves the Council Negri, the Chief Minister shall tender the resignation of the members of the Supreme Council other than the ex officio members.
(2) A member of the Supreme Council other than an ex officio member may at any time resign his office by writing under his hand addressed to the Governor, and a member of the Supreme Council other than the Chief Minister or an ex officio member shall also vacate his office if his appointment thereto is revoked by the Governor acting in accordance with the advice of the Chief Minister.
(3) Subject to clauses (1) and (2), a member of the Supreme Council other than the Chief Minister or an ex officio member shall hold office at the Governor's pleasure.

Oaths of member of the Supreme Council.

8.- Before a member of the Supreme Council exercises the functions of Oaths of his office he shall take and subscribe in the presence of the Governor the oath set out in Part II of the Schedule.

Allocation of portfolio and provision regarding private business interests

9.- (1) The Governor may, in accordance with the advice of the Chief Minister, assign to a member of the Supreme Council responsibility for any business of the government of the State including the administration of any department of government, and any member of the Supreme Council other than an ex officio member to whom such responsibility is assigned shall be styled " Minister ".
(2) A member of the Supreme Council shall not engage in any trade, business or profession connected with any subject or department of
government 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 Supreme Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Governor to act on advice.

10. (1) In the exercise of his functions under this Constitution or any other law, or as a member of the Conference of Rulers, the Governor shall act in accordance with the advice of the Supreme Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or this Constitution ; but shall be entitled, at his request, to any information concerning the government of the State which is available to the Supreme Council.
(2) The Governor may act in his discretion in the performance of the following functions—
(a) the appointment of a Chief Minister ;
(b) the withholding of consent to a request for the dissolution of the Council Negri.
(3) The Legislature may by law make provision for requiring the Governor to act after consultation with, or on the recommendation of, any person or body of persons other than the Supreme Council in the exercise of any of his functions except—
(a) functions, exercisable in his discretion ; and
(b) functions with respect to the exercise of which provision is made in the Federal Constitution or any other Article of this Constitution.

Appointment of State Secretary, State Attorney-General and State Financial Secretary.

11. The offices of State Secretary, State Attorney-General and State Financial Secretary are hereby constituted, and appointments thereto shall be made by the Governor acting in accordance with the advice of the Chief Minister, who shall select for appointment a person whose name is included in a list submitted for the purpose by the Commission and shall, before tendering his advice, consult the Government of the Federation.


Chapter 3—Capacity as respects property contracts and suits


Capacity of State as respects property, contracts and suits.

12. (1) The State shall have power to acquire, hold and dispose of property of any kind and to make contracts.
(2) The State may sue and be sued.


PART II
THE LEGISLATURE


Constitution of Legislature.

13. The Legislature of the State shall consist of the Governor and one House, to be known as the Council Negri.

Composition of Council Negri.

14 (1) The Council Negri shall consist of—
(a) the Speaker ;
(b) three ex-officio members, namely, the State Secretary, the State Attorney-General and the State Financial Secretary ;
(c) such number of elected members as the Legislature may by law prescribe. elected in such manner as may be provided by Federal or State law;
(d) such number of other members (hereinafter referred to as " nominated members "), not being more than three, as the Governor, acting in his discretion after consultation with the Chief Minister, may appoint ; and
(e) subject to clause (4) of Article 18, one standing member, namely the person who, immediately before the cornmencement of this Constitution, is the standing member of the Council Negri established by the existing Orders.
(2) Until the Legidature otherwise prescribes the number of elected members shall be thirty-six.

The Speaker.

15. (1) The Speaker shall be appointed by the Governor acting in his discretion after consultation with the Chief Minister from among persons qualified to be appointed as nominated members of the Council Negri under Article 16.
(2) The Speaker shall hold oilice for such period as may be specitied in the instrument by which he is appointed, but shall vacate his office-
(a) if he resigns it by writing under his hand addressed to the Governor; or
(b) if be becomes disqualined for appointment as a nominatedmember of the Council Negri.
(3) Any question whether a person is qualified to be appointed as Speaker shall be determined by the Governor, acting in his discretion, whose decision shall be final.
(4) During any absence of the Speaker from a sitting of the Council or any vacancy in the oiiice of Speaker such member of the Council as may be determined by the Standing Orders of the Council shall act as Speaker.
(5) The Legslature shall by law provide for the remuneration of the Speaker, and the remuneration so provided shall be a charge on and paid out of the Consolidated Fund, and shall not be diminished as respects any holder of the oilice of Speaker after his appointment.

Qualifications of members.

16. Every citizen of or over the age of twer1ty~0ne years who is resident in the State is qualified to be elected as an elected member or appointed as a nominated member of the Council Negri, tutless he is disqualified for being such a member by the Federal Constitution or this Constitution or by any such law as is mentioned in Article 17.

Disqualifications for membership.

17. (1) Subject to the provisions of this Article, a person is disqualified forr being elected as an elected member or appointed as a nominated member of the Council Negri if-
(a) he is and has been found or declared to be of unsound mind ;
(b) he is an undischarged bankrupt;
(c) he holds an office of profit other than that of Native Chief;
(d) having been nominated for election to either House of Parlia ment or to the Council Negri, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required ;
(e) he has been convicted of an offence by a court of law in any part of the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand dollars and has not received a free pardon in respect thereof ;
(f) he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Council Negri by reason of having been convicted of such an offence, or having in proceedings relating to such an election been proved guilty of an act constituting such an offence ; or
(g) he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.
(2) Paragraph (c) of clause (1) shall not apply to the appointment of a person as a nominated member.
(3) The disqualification of a person under paragraph (d) or paragraph (e) of clause (1) may be removed by the Governor and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in paragraph (d) of that clause was required to be lodged, or, as the case may be, the date on which the person convicted as mentioned in paragraph (e) of that clause was released from custody, or the date on which the fine mentioned in that paragraph was imposed ; and a person shall not be disqualified under paragraph (g) of clause (1) by reason only of anything done by him before he became a citizen.
(4) In paragraph (g) of clause (1) " foreign country " has the same meaning as in the Federal Constitution.

Tenure of seats of members.

18. (1) Every elected or nominated member of the Council Negri shall vacate his seat in the Council on a dissolution of the Council,
(2) An elected or nominated member shall also vacate his seat in the Council if—
(a) he ceases to be qualified for election or appointment as such a member of the Council ;
(b) he resigns his seat by writing under his hand addressed to the Speaker ; or
(c) he is absent without the leave of the Speaker from every sitting of the Council for three consecutive meetings.
(3) For the purposes of paragraph (c) of clause (2), "meeting" means any sitting or sittings of the Council commencing when the Council first meets after being summoned at any time and terminating when the Council is adjourned sine die or at the conclusion of a Session.
(4) The standing member of the Council Negri shall vacate his seat in lie Council if he resigns it by writing under his hand addressed to the Speaker or if he ceases to be President of the Majlis Islam or to hold an office of emolument in the public service ; and upon the seat of the standing member becoming vacant paragraph (e) of clause (1) of Article 14 shall cease to have effect.

Decision as to disqualification.

19. If any question arises whether the Speaker or a member of the Council Negri has ceased to be qualified for appointment or election as such, the decision of the Council shall be taken and shall be final :
Provided that this Article shall not be taken to prevent the practice of the Council postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification).

Penalty for unqualified person sitting or voting in the Council Negri.

20. Any person who sits or votes in the Council Negri, knowing or having reasonable ground for knowing that he is not entitled to do so, shall be liable to a penalty not exceeding two hundred dollars for each day on which he so sits or votes, which penalty shall be recoverable as a civil debt in the High Court at the suit of the State Attorney General.

Summoning, prorogation and dissolution of Council Negri.

21. (1) The Governor may from time to tune summon the Council Negri, and shall not allow six months to elapse between the last sitting prorogation in one session and the date appointed for its first sitting in the next Solution of session.
(2) The Governor may prorogue or dissolve the Council Negri.
(3) The Council Negri shall, unless sooner dissolved, continue for five years from the date of its first sitting and shall then stand dissolved.
(4) Whenever the Council Negri is dissolved, a general election shall be held within sixty days from the date of the dissolution and the new Council Negri shall be summoned to meet on a date not later than ninety days from that date.
(5) Whenever the seat of an elected member has become vacant for any reason other than a dissolution, the vacancy shall, within sixty days from the date on which it is established that there is a vacancy, be filled by election in accordance with the provisions of this Constitution.

Oath of Speaker and members.

22. The Speaker shall before exercising the functions of bis office take Oath of and subscribe before the Governor the oath set out in Part III of the Speaker and Schedule and every member of the Council Negri shall before taking his seat take and subscribe the said oath before the Speaker.

Address by Governor.

23. The Governor may address the Council Negri and may send mes- Address by sages thereto.

Procedure of Council Negri.

24. (1) Subject to the provisions of this Constitution, the Council Negri shall regulate its own procedure and may make Standing Orders for that purpose.
(2) The Council Negri shall not be disqualified for the transaction of business by reason of any vacancy in its membership, and the Negri.
presence or participation of any person not entitled to be present or to participate shall not invalidate any proceedings.
(3) Subject to clauses (5) and (6) and to clause (2) of Article 41, the Council Negri shall, if not unanimous, take its decision by a simple majority of members voting ; and the Speaker or member presiding shall cast a vote whenever necessary to avoid an equality of votes but shall not vote in any other case.
(4) Members absent from the Council Negri shall not be allowed to vote.
(5) The Standing Orders of the Council Negri 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.
(6) No Bill making provision for controlling or restricting the pro pagation of any religious doctrine or belief among persons professing the Muslim religion shall be passed by the Council Negri 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.
(7) No Bill or amendment involving expenditure from the Consoli dated Fund may be introduced or moved in the Council Negri except by a member of the Supreme Council.
(8) For a period of ten years after Malaysia Day, and thereafter until the Legislature by law otherwise provides, all proceedings in the Council may be in the English language and, subject to the Standing Orders of the Council Negri, members may use any Native language in addressing the Council.
(9) If objection is taken by any member present that there are present (besides the Speaker or member presiding) fewer than one-third of the total number of members and after such interval as may be pre scribed in the Standing Orders of the Council, the person presiding ascertains that the number of members present is still less than one-third of the total number of members, he shall thereupon adjourn the Council.

Privileges of the Council Negri and members.

25. Subject to Article 72 of the Federal Constitution, it shall be lawful for the Legislature by law to determine and regulate the privileges, immunities or powers of the Council Negri ; but no such privileges, immunities or powers shall exceed those of the Federal House of Representatives.

Exercise of Legislative power.

26. (1) The power of the Legislature to make laws shall be exercised by Bills passed by the Council Negri and assented to by the Governor.
(2) All laws enacted by the Legislature shall be styled Ordinances and the words of enactment shall be " Enacted by the Legislature of Sarawak ".
(3) A Bill shall become law on being assented to by the Governor, but no law shall come into force until it has been published in the Gazette, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retro spective effect.

Supremacy of Constitution.

27. Any Ordinance passed on or after Malaysia Day which is incon sistent with this Constitution shall, to the extent of the inconsistency, be void.


Part III
FINANCIAL PROVISIONS


No taxation unless authorized by law.

28. No tax or rate shall be levied by or for the purposes of the State except by or under the authority of law.

Consolidated Fund.

29. (1) All revenues and moneys howsoever raised or received by the consolidated State from whatsoever source shall, subject to this Constitution and any Fund, law, be paid into and form one fund to be known as " the Consolidated Fund ".
(2) There shall be charged on and paid out of the Consolidated Fund, in addition to any grant, remuneration or other moneys so charged by any other provision of this Consititution or by State law—
(a) all debt charges for which the State is liable ; and
(b) any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.
(3) For the purposes of this Article, " debt charges " include interest, sinking fund charges, repayment or amortisation of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Annual financial statement.

30. (1) The Governor shall, in respect of every financial year, cause to be laid before the Council Negri 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.
(2) The estimates of expenditure shall show separately—
(a) the total sums required to meet expenditure charged on the Consolidated Fund ; and
(b) subject to clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.
(3) The sums referred to in paragraph (b) of clause (2) do not include—
(a) sums representing the proceeds of any loan raised by the State for specific purposes and appropriated for those pur poses by the law authorizing the raising of the loan ;
(b) sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust ; and
(c) sums representing any money held by the State which has been received or appropriated for the purpose of any trust fund established by or in accordance with State law.
(4) The statement of estimated receipts and expenditure shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held and the general heads in respect of which those liabilities are outstanding.

Supply Bills.

31. The heads of expenditure to be met from the Consolidated Fund in respect of any financial year but not charged thereon, other than expenditure to be met by such sums as are mentioned in clause (3) of Article 30, shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure.

32. If in respect of any financial year it is found—
(a) that the amount appropriated by the Supply Ordinance for any purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Ordinance ;
(b) that any moneys have been expended for any purpose in excess of the amount, if any, appropriated for that purpose by the Supply Ordinance,
a supplementary estimate showing the sums required or spent shall be laid before the Council Negri, and the heads of any such expenditure shall be included in a Supply Bill.

Withdrawals from Consolidated Fund.

33. (1) Subject to the following provisions of this Article, no moneys shall be withdrawn from the Consolidated Fund unless they are—
(a) charged on the Consolidated Fund ; or
(b) authorized to be issued by a Supply Ordinance.
(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by Federal law.
(3) Clause (1) shall not apply to any such sums as are mentioned in clause (3) of Article 30.
(4) The Legislature may, in respect of any financial year, by law authorize, before the passing of the Supply Ordinance, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

Financial Year.

34. For the purposes of this Part " financial year " means the period of twelve months ending on the thirty-first day of December in any year or such other day as the Legislature may by law prescribe.


PART IV
THE PUBLIC SERVICE


The Public Service Commission.

35. (1) There shall be a Public Service Commission for the State which shall consist of a Chairman, a Deputy Chairman and not less than two or more than four other members, each of whom shall be appointed by the Governor after consultation with the Chief Minister.
(2) A person shall not be appointed to be a member of the Commission if he is, and shall cease to be such a member if he becomes—
(a) a public officer:
Provided that a public officer may be appointed to be a member of the Commission if he is on leave prior to retire ment ;
(b) a member of either House of Parliament or of the Council Negri;
(c) a member, officer or employee of any local authority ;
(d) a member of any trade union, or of any body or association affiliated to a trade union ; or
(e) the holder of any office in any political association.
(3) Subject to clauses (2) and (4), every member of the Commission shall, unless he earlier resigns his office, by writing under his hand addressed to the Governor hold office for a period of five years from the date of his appointment or for such shorter period as may be specified hi the instrument by which he is appointed.
(4) If the Chief Minister, or the Chairman of the Commission after consulting with the Chief Minister, represents to the Governor that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the Governor shall appoint a tribunal in accordance with clause (5) and shall refer the representation to it ; and, if the tribunal so recommends, the Governor shall remove that member from office by writing under his hand.
(5) A tribunal appointed under clause (4) shall consist of not less than three persons who hold or have held office as Judge of the Federal Court or of any High Court in the Federation or, if it appears to the Governor expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Common wealth.
(6) A tribunal appointed under clause (4) shall regulate its own procedure and may make rules for that purpose.
(7) Where a representation has been made to the Governor under Clause (4), he may on the recommendation of the Chief Minister suspend the member concerned from the exercise of his functions pending the report of the tribunal on that representation.
(8) Where, during any period, a member of the Commission has been granted leave of absence by the Governor or is unable, owing to his absence from the State, illness or any other cause, to discharge his functions as such a member the Governor may appoint as a temporary member of the Commission to exercise his functions during that period, any person who would be qualified to be appointed in his place ; and the appointment of any such temporary member shall be made in the same manner as that of any other member of the Commission.
(9) Before exercising the functions of his office every member of the Commission shall take and subscribe before the Chief Justice or some other Judge of the High Court the oath in the form set out in Part IV of the Schedule.
(10) Members of the Commission shall be paid such remuneration as the Legislature may by law provide, and such remuneration shall be a charge on and paid out of the Consolidated Fund.
(11) Subject to the provisions of this Constitution, the terms of service of the members of the Commission—
(a) shall be such as the Legislature may by law prescribe ; and
(b) in so far as they are not so prescribed, shall be determined by the Governor.
(12) The remuneration and other terms of service of any member of the Commission shall not be altered to his disadvantage after his appointment.
(13) For the purposes of clause (12), in so far as the terms of service of a member of the Commission depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any others for which he might have opted.

Functions of Commission.

36. (1) Subject to the provisions of the Federal Constitution and of this Constitution, it shall be the duty of the Commission to appoint, confirm, emplace on the permanent or pensionable establishment, promote, transfer and exercise disciplinary control over members of the public service.
(2) The Legislature may by law provide for the exercise of other functions by the Commission.
(3) In clause (1), " member of the public service " does not include any person whose remuneration is calculated at a daily rate, and " transfer " does not include transfer without a change of rank within a department of Government.
(4) The Governor may designate as special posts any posts in the public service held by the head or deputy head of a department or by an officer who in his opinion is of similar status, and an appointment to any post so designated shall not be made in accordance with clause (1) but shall be made by the Governor on the recommendation of the Commission.
(5) Before acting, in accordance with clause (4), on the recommendation of the Commission, the Governor shall consider the advice of the Chief Minister and may once refer the recommendation back to the Commission in order that it may be reconsidered.
(6) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate to any public officer, or to any board of public officers appointed by it, any of its functions under clause (1) in respect of any grade of members of the public service, and that officer or board shall exercise those functions under the direction and control of the Commission.
(7) In respect of members of the public service who are employed in posts ancillary to the police force, or in respect of any grade of members of the public service who are so employed, functions of the Commission may, under Clause (6), to be made exercisable by an officer or board of officers of the police force as if he or they were a public officer or board of public officers.
(8) The Commission shall make an annual report on the discharge of its functions to the Governor, who shall cause copies of the report to be laid before the Council Negri.

Procedure of Commission.

37. (1) At any meeting of the Commission three members, who shall include the Chairman or Deputy Chairman, shall form a quorum.
(2) Subject to clause (1), the Commission may act notwithstanding any vacancy in its membership, and any proceeding of the Commission shall be valid notwithstanding that some person not entitled to do so took part therein.
(3) The Commission may, subject to the provisions of this Constitution, regulate its procedure and make rules for that purpose, and, with the consent of the Governor, may, in connection with the discharge of its functions, confer powers and impose duties on any public officer or any authority of the Government of the State.

Impartial treatment of State employees.

38. All persons of whatever race in the same grade of the service of the State shall, subject to the terms and conditions of their employment, be treated impartially.


PART V
GENERAL PROVISIONS


Reservation of quotas in respect of the public service and educational facilities for Natives.

39. (1) It shall be the responsibility of the Governor to safeguard the special position of the Natives and the legitimate interests of other communities in accordance with the provisions of this Article.
(2) The Governor shall exercise his functions under this Constitution and under State law in such manner as may be necessary to safeguard the special position of the Natives and to ensure the reservation for Natives of such proportion as he may deem reasonable of offices in the public service and of scholarships, exhibitions and other similar educational or training privileges, or special facilities, given or accorded by or with the approval of the State Government.
(3) The Governor may, in order to ensure in accordance with clause (2) the reservation to Natives of offices in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to the Commission, 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 Constitution and under State law in accordance with clauses (1), (2) and (3), the Governor shall
not deprive any person of any office in the public service 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 38.

The Public Seal.

40. The Governor shall keep and use the Public Seal of Sarawak for all things that shall pass that Seal ; and, until a Seal shall be provided for the State, a stamp bearing the inscription " State of Sarawak : Public Seal of the State " may be used as the Public Seal of Sarawak.

Amendment of Constitution.

41. (1) Subject to the following provisions of this Article, the provisions of this Constitution may be amended by an Ordinance enacted by the Legislature but may not be amended by any other means.
(2) Subject to clause (3), a Bill for making an amendment to this Constitution shall not be passed by the Council Negri 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 members thereof.
(3) Clause (2) shall not apply to a Bill for making—
(a) any amendment consequential on a law prescribing the number of elected members of the Council Negri ; or
(b) any amendment for the purpose of bringing this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution as for the time being in force.
(4) In this Article " amendment " includes addition and repeal.

Authorized reprints of Constitution.

42. The Council Negri may from time to time by resolution authorize the Government Printer to print copies of this Constitution including all amendments in force at the date of such authorization ; and any such copy so printed shall be deemed for all purposes to be a true and correct copy.

Re-appointment and re-election.

43. Where any person has vacated any office established by this Constitution he may, if qualified, again be appointed or elected to that office, in accordance with the provisions of this Constitution.

Interpretation.

44. (1) In this Constitution, unless the context otherwise requires—
" citizen " means a citizen of the Federation ;
" the Conference of Rulers " means the Conference of Rulers constituted by the Federal Constitution ;
" the Commission " means the Public Service Commission of the State ;
" existing law " means any law having effect as part of the law of the Colony of Sarawak or any part thereof immediately before the commencement of this Constitution ;
" the existing Orders " means the Sarawak (Constitution) Orders in Council 1956 to 1963 ;
" the Federal Constitution " means the Constitution of the Federation and includes the Malaysia Act, 1963 ;
" Federal law " means—
(a) any existing law contining to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a Federal law ; and
(b) any Act of Parliament, or other law of the Federation relating to matters about which Parliament has power to make laws, which extends to the State;
" the Federation " means the Federation to be known, on and after Malaysia Day, by the name Malaysia ;
" the Gazette " means the official Gazette of the State ;
" the Governor " means the Governor of the State ;
" the High Court " means the High Court in Borneo constituted by the Federal Constitution ;
" the Legislature " means the Legislature of the State ;
" Malaysia Day " means 31st August, 1963 ;
"Native" has the same meaning as it has in the Federal Constitution for the purposes of the application of Article 153 thereof to Natives of the State ;
" office of profit " has the same meaning as in the Federal Constitution ;
" Parliament " means the Parliament of the Federation ;
" public officer " means a person holding or acting in any office of emolument in the public service ;
"the public service" means, subject to the provisions of Clause (2), the public service of the State ;
" session " means, in relation to the Council Negri, the sittings of the Council commencing when it first meets after its prorogation or dissolution and terminating when it is prorogued or is dissolved without having been prorogued ;
" sitting " means, in relation to the Council Negri, a period during which the Council is sitting continuously without adjourn ment, and includes any period during which the Council is in committee ;
" the State " means the State of Sarawak ;
" State law " means—
(a) any existing law continuing to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a State law ; and
(b) any law made by the Legislature ;
" the Yang di-Pertuan Agong" means the Yang di-Pertuan Agong of the Federation.
(2) In this Constitution references to an office in thé public service shall not be construed as including references to the office of—
(a) Governor, Chief Minister or other Minister or member of the Supreme Council, Speaker or member of the Council Negri, a member of the Commission, a member of the Pardons Board constituted for the State under the Federal Constitution, the President of the Majb's Islam, the Mufti, or any Headman as defined iû the Local Authority Ordinance ; or
(b) save in so far as the Legislature may by law prescribe, a member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.
(3) In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the terms designating his office shall be construed as including a reference to any person for the time being acting in that office.
(4) Unless the context otherwise requires, any reference in this Constitution to a specified Part or Article or to the Schedule is a reference to that Part or Article of, or to the Schedule to, this Constitution and any reference to a clause or paragraph is a reference to that clause of the Article or paragraph of the clause in which the reference occurs.
(5) The Interpretation Ordinance, as in force at the commencement of this Constitution, shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance.

Commencement.

45. Subject to the provisions of Part VI, this Constitution shall come into operation immediately before Malaysia Day.


PART VI
TRANSITIONAL PROVISIONS


Existing Laws.

46. (1) Subject to the provisions of this Article and to any provision made on or after Malaysia Day by or under Federal law or State law, all existing laws shall on and after the commencement of this Constitution continue to have effect but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of this Constitution.
(2) Subject as aforesaid and without prejudice to the generality of clause (1), references in any existing law to the Colony of Sarawak or any officer holding office under the Government of the Colony or to any authority or body constituted in or for the Colony shall be construed on and after the commencement of this Constitution as references to the State or to the corresponding officer, authority or body respectively.
(3) (a) The Governor of the Colony of Sarawak may by order made at any time before Malaysia Day make such modifications in any existing law as appear to him to be necessary or expedient in consequence of the promulgation of this Constitution or the passing of the Malaysia Act, 1963.
(b) This clause shall come into operation on the publication of this Constitution in the Gazette.
(c) An order made under this clause shall have effect from such date, not being later than the commencement of this Constitution, as may be specified therein.
(4) (a) The Governor may by order at any time after the commencement of this Constitution and before the end of August 1965 make such modifications in any existing law, to the extent Uiat it is by virtue of the provisions of the Federal Constitution treated as a State law, as appear to him to be necessary or expedient in consequence of the promulgation of this Constitution or the passing of the Malaysia Act, 1963.
(b) An order made under this clause shall have effect from such date, not being earlier than the commencement of this Constitution, as may be specified therein.
(5) Any provision made by an order under this Article with respect to any law may be amended or repealed in like manner as that law.
(6) An order made under clause (3) shall be laid before the Council Negri as soon as may be on or after Malaysia Day and an order made under clause (4) shall be so laid as soon as may be after it is made.
(7) In clauses (3) and (4) " modification " includes amendment, adaptation and repeal.

Succession to property.

47. (1) Subject to the provisions of this Article, all property and assets which immediately before the commencement of this Constitution were vested in Her Majesty for the purposes of the Colony of Sarawak shall on the commencement of this Constitution vest in the State.
(2) Any land in the State which immediately before the commencement of this Constitution was vested in Her Majesty shall on the commencement of this Constitution vest in the State.
(3) Any property which was immediately before the commencement of this Constitution liable to escheat to Her Majesty shall on the commencement of this Constitution be liable to escheat to the State.

Rights, liabilities and obligations.

48. (1) All rights, liabilities and obligations of Her Majesty in respect of the government of the colony of Sarawak shall on the commencement of this Constitution become rights, liabilities and obligations of the State.
(2) In this Article rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 47 applies.

First Governor.

49. The first Governor shall be a person nominated before Malaysia Day by Her Majesty and the Yang di-Pertuan Agong, and appointed by the Yang di-Pertuan Agong; and the appointment shall be for a term of two years beginning with Malaysia Day.

Transitional provisions relating to Supreme Council.

50. The persons who, immediately before the commencement of this Constitution, hold the offices of Chief Minister and other members (not being the offices of ex officio members) of the Supreme Council established by the existing Orders shall, as from the commencement of this Constitution, be deemed to have been appointed to hold the like offices as members of the Supreme Council under Article 6.

Transitional provisions relating to the Legislature.

51. (1) Notwithstanding the provisions of Article 15, the person who, immediately before the commencement of this Constitution, holds office as Speaker of the existing Council Negri shall be the first. Speaker of the new Council Negri, and shall hold office until 31st August, 1965 unless before that date he resigns his office by writing under his hand addressed to the Governor or becomes subject to any of the disqualifications for appointment as a nominated member of the new Council set out in Article 17.
(2) (a) Any person who, immediately before the commencement of this Constitution, is an elected or nominated member of the existing Council Negri and is not subject to any of the disqualifications set out in Article 17 for being elected as an elected member or, as the case may be, appointed as a nominated member of the new Council Negri shall, as from the commencement of this Constitution, be deemed to have been elected as an elected member or, as the case may be, appointed as a nominated member of the new Council Negri in accordance with the provisions of this Constitution and, subject to paragraphs (b) and (c), shall hold his seat in the new Council Negri in accordance with those provisions.
(b) Such a person as is referred to in paragraph (a) shall be a member of the new Council Negri by virtue of that paragraph irrespective of whether he is a citizen and consequently, while he is such a member by virtue of that paragraph, the provision of Article 16 that only citizens shall be qualified for membership of the Council Negri shall not apply in relation to him.
(c) Notwithstanding the provisions of clause (3) of Article 17 (which, among other things, exempts from the operation of paragraph (g) of clause (1) of that Article anything done by a person before he becomes a citizen), if, while he is a member of the new Council Negri by virtue of paragraph (a), a person who is not a citizen does any of the things referred to in the said paragraph (g), he shall vacate his seat in the Council.
(3) The Standing Orders of the existing Council Negri as in force immediately before the commencement of this Constitution shall, until they are replaced by Standing Orders made by the new Council Negri, be the Standing Orders of the new Council but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring them into conformity with the provisions of this Constitution.
(4) In this Article " the existing Council Negri " means the Council Negri established by the existing Orders and " the new Council Negri " means the Council Negri established by this Constitution. Transitional financial provisions.
52. (1) Part III, except Article 28, shall not come into operation until 1st January 1964.
(2) Until the coming into operation of Part III, any sums which under this Constitution (including Part III) are a charge on the Consolidated Fund shall be a charge on the revenues and other funds of the State and payment thereof shall be made by virtue of this clause without further authority of any law.
(3) Nothing in clause (1) shall prevent the making of any provision or, doing of any other thing before 1st January 1964 for the purposes of Part III in respect of the financial year beginning on that date.

Transitional provisions relating to Public Service Commission.

53. Any person who, immediately before the commencement of this Constitution, holds office as Chairman, Deputy Chairman or any other member of the Public Service Commission established by the Sarawak (Public Service Commission) Order in Council 1961 shall, as from the commencement of this Constitution, hold the like office as a member of the Commission established by this Constitution as if he had been appointed thereto under Article 35 for a period of two years from the commencement of this Constitution.

Existing officers.

54. (1) Subject to the provisions of the Federal Constitution and this Constitution, any person who immediately before the commencement of this Constitution is in the service of Her Majesty in respect of the government of the colony of Sarawak shall—
(a) on the commencement of this Constitution cease to be in such service and become a person in the service of the State ;
(b) so long as he continues in such service, be entitled to terms and conditions of service not less favourable than those applicable to him immediately before the commencement of this Constitution ;
(c) be deemed to have been appointed on the commencement of this Constitution to hold or to act in any office in the service of the State corresponding to that which he holds or is acting in immediately before the commencement of this Constitution and to have taken any oath in connection therewith required by law.
(2) For the purposes of clause (1)—
(a) any terms or conditions of service for which, on or after Malaysia Day, a person opts shall be deemed to be not less favourable than those applicable to him immediately before the commencement of this Constitution ;
(b) the offices of State Secretary, State Attorney-General and State Financial Secretary shall, unless the Governor of the colony of Sarawak otherwise directs, be regarded as corresponding respectively to the offices of Chief Secretary, Attorney-General and Financial Secretary of the colony of Sarawak ; and
(c) The Governor may by order declare that any other office specified in such order shall be regarded as corresponding to another office so specified.
(3) Clause (1) does not apply to the Governor of the colony of Sarawak.

Secondment of members of the Public service to Federal Service.

55. (1) All persons who on the commencement of this Constitution are members of the police force in the State (and are not on leave pending retirement) shall on Malaysia Day be seconded to the police force of the Federation.
(2) Where on Malaysia Day any post in the judicial and legal branch of the public service becomes a post in the judicial and legal service of the Federation any person serving in that post on the commencement of this Constitution shall on Malaysia Day be seconded to the judicial and legal service of the Federation.
(3) Subject to Clause (4), where on Malaysia Day or any day there after any post in the public service becomes a post in the general public service of the Federation any person serving in that post immediately before that day shall on that day be seconded to the general public service of the Federation.
(4) Clause (3) shall not apply to persons in such grades of service as the Governor may, with the consent of the Yang di-Pertuan Agong, direct.
(5) The power conferred on the Governor by clause (4) may be exercised by the Governor of the colony of Sarawak at any time after the publication of this Constitution in the Gazette.

Compulsory retirement to facilitate appointment of local candidates.

56. (1) If the Chief Minister so requests, the Commission shall consider whether there are more local candidates suitably qualified for appointment to, or promotion in, any branch of the public service specified by the Chief Minister than there are vacancies in that branch that could appropriately be filled by such local candidates ; and the Commission, if satisfied that such is the case, shall, if so requested by the Chief Minister, select officers in that branch to whom this Article applies and whose retirement would in the opinion of the Commission cause vacancies that could appropriately be filled by such suitably qualified local candidates as are available and fit for appointment and inform the Chief Minister of the number of officers so selected ; and if the Chief Minister specified a number of officers to be called upon to retire (not exceeding the number of officers so selected) the Commission shall nominate that number of officers from among the officers so selected and by notice in writing require them to retire from the public service ; and any officer who is so required to retire shall retire accordingly.
(2) An officer who has been given notice by or on behalf of the Government of the State or of the colony of Sarawak that he will continue to be employed in the public service for a minimum period specified hi the notice shall not be required to retire under clause (1) before the expiry of that period.
(3) This Article applies to—
(a) any entitled officer as defined in the Schedule to the Sarawak (Compensation and Retiring Benefits) Order in Council, 1963 ; and
(b) any officer on probation who, if he had been confirmed in his appointment, would have been such an entitled officer.

Police Board.

57. (1) There shall be a Police Board for the State which shall consist of—
(a) the Chairman of the Commission, who shall be the Chair man of the Board ;
(b) the State Attorney-General;
(c) the senior officer of police in the State ; and
(d) a person designated by the Director of Police Affairs.
(2) Notwithstanding clause (1) of Article 36, it shall be the duty of the Police Board to exercise disciplinary control over members of the public service who are seconded to the police force.
(3) The Police Board may, by directions in writing and subject to such conditions as it thinks fit, delegate to any police officer, or to any board of police officers appointed by it, any of its functions under clause (2) in respect of any rank in the police force, and that officer or board shall exercise those functions under the direction and control of the Police Board.
(4) The functions conferred by this Article shall be exercised in accordance with the provisions of any Federal law prescribing offences against police force discipline and the punishment that may be imposed for any such offence.
(5) At any meeting of the Police Board two members including the Chairman or, if the Chairman is not present, three members shall form a quorum ; and if on any question the votes of the members present are equally divided the Chairman may exercise a casting vote.
(6) Subject to clause (5), the Police Board may act notwithstanding any vacancy in its membership, and any proceeding of the Board shall be valid notwithstanding that some person not entitled to do so took part therein.
(7) Subject to the provisions of this Article, the Police Board may regulate its procedure and make rules for that purpose.

Modification of form of oath in certain cases.

58. When a person who is not a citizen is required by this Constitution to take an oath on becoming an ex officio member of the Supreme Council or the Council Negri, the Speaker or a nominated member of the Council Negri or the Chairman of the Commission, the words " and allegiance " shall be omitted from the oath.