Page:Agreement relating to Malaysia (1963).djvu/115

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1970
Nations Unies — Recueil des Traités
121

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 ;
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