Page:Agreement relating to Malaysia (1963).djvu/39

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1970
Nations Unies — Recueil des Traités
45

discharged by the Auditor-General or such officer of his department as he may designate.

State road grant
in States of Malaya.

51. The rules for determining the rate at which the State road grant is payable by the Federation to the States of Malaya shall be the same as if this Act had not been passed, and accordingly Part II of the Tenth Schedule to the Constitution shall be amended as follows :
(a) in section 2 for the words " each State " and for the words "such roads" there shall respectively be substituted the words " each of the States of Malaya " and the words " State roads in those States " ; and
(b) in section 3 for the words "throughout the Federation" there shall be substituted the words " throughout the States of Malaya".


TITLE V
PUBLIC SERVICES


Judicial and Legal
Service Commission.
(Article 138).

52. (1) There shall be a Judicial and Legal Service Commission, whose jurisdiction shall extend to all members of the judicial and legal service.
(2) Subject to Article 146A, the Judicial and Legal Service Commission shall consist of—
(a) the Chairman of the Public Services Commission, who shall be Chairman ;
(b) the Attorney-General ; and
(c) one or more other members who shall be appointed by the Yang di-Pertuan Agong, after consultation with the Lord President of the Federal Court, from among persons who are or have been a judge of the Federal Court or a High Court or shall before Malaysia Day have been a judge of the Supreme Court.
(3) The person who is secretary to the Public Services Commission shall be secretary also to the Judicial and Legal Service Commission.

Amendments consequential
on establishment of Judicial
and Legal Service Commission.

53. (1) In Article 135 of the Constitution there shall be added as a new Clause (3)—
" (3) No member of any of the services mentioned in paragraph (e), (f) or (g) of Clause (1) of Article 132 shall, without the concurrence of the Judicial and Legal Service Commission, be dismissed, or reduced in rank or suffer any other disciplinary measure for anything done or omitted by him in the exercise of a judicial function conferred on him by law."
(2) In Article 139, in Clause (1) (under which the Public Services Commission, by virtue of the reference to paragraph (b) of Clause (1) of Article 132, has jurisdiction over the judicial and legal service), there shall be omitted the " (b) " following the word " paragraphs ".
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