Page:Agreement relating to Malaysia (1963).djvu/141

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1970
Nations Unies — Recueil des Traités
147

shall inform the Prime Minister that he is satisfied as aforesaid, and, if the Prime Minister so requests, the Yang di-Pertuan Negara may dissolve the Legislative Assembly instead of making such a declaration.

(2) A Minister other than the Prime Minister shall vacate his office—
(a) if his appointment to that office is revoked by the Yang di-Pertuan Negara, acting in accordance with the advice of the Prime Minister, by instrument under the public seal; or
(b) if he resigns his office by writing under his hand addressed to the Yang di-Pertuan Negara.
(3) A person who has vacated his office as Minister may, if qualified, be again appointed as Minister from time to time.
(4)(a) Whenever the Prime Minister is ill or absent from the Federation or has been granted leave of absence from his duties under Article 16 of this Constitution, the functions conferred on him by this Constitution shall be exercisable by any other Minister authorized by the Yang di-Pertuan Negara, by instrument under the public seal, in that behalf.
(b) The Yang di-Pertuan Negara may, by instrument under the public seal, revoke any authority given under this clause.
(c) The powers conferred upon the Yang di-Pertuan Negara by this clause shall be exercised by him acting in his discretion, if in his opinion it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister's illness or absence, and in any other case shall be exercised by the Yang di-Pertuan Negara in accordance with the advice of the Prime Minister.
(d) The Prime Minister shall not, for the purpose of this clause, be regarded as absent from the Federation at any time during his passage from one part of the Federation to another.

Oath. 11. The Prime Minister and every other Minister shall, before entering on the duties of his office, take and subscribe before the Yang di-Pertuan Negara the Oath of Allegiance and the appropriate Oath for the due execution of his office in the forms set out in the First Schedule to this Constitution.

Summoning of and presiding in the Cabinet. 12. (1) The Cabinet shall not be summoned except by the authority of the Prime Minister.

(2) The Prime Minister shall, so far as is practicable, attend and preside at meetings of the Cabinet and, in his absence, such other Minister shall preside as the Prime Minister shall appoint.

Validity of proceedings in the Cabinet. 13. Any proceedings in the Cabinet shall be valid notwithstanding that some person who was not entitled so to do sat or voted therein or otherwise took part in the proceedings.

Assignment of responsibility to Ministers.

14. (1) The Prime Minister may, by directions in writing—

(a) charge any Minister with responsibility for any department or subject;
(b) revoke or vary any directions given under this clause.

No. 10760