Page:Agreement relating to Malaysia (1963).djvu/88

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94
United Nations — Treaty Series
1970

(2) A member of the Cabinet 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 Cabinet relating to that trade, business or profession or in any decision likely to affect his pecuniary interests therein.

Yang di-Pertua Negara to set 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 Yang di- Pertua Negara shall act in accordance with the advice of the Cabinet or of a member thereof acting under the general authority of the Cabinet, 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 Cabinet.
(2) The Yang di-Pertua Negara 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 Legislative Assembly.
(3) The Legislature may by law make provision for requiring the Yang di-Pertua Negara to act after consultation with, or on the recommendation of, any person or body of persons other than the Cabinet 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.

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

11. (1) The offices of State Secretary, State Attorney-General and State Financial Secretary are hereby constituted, and appointments thereto shall be made by the Yang di-Pertua Negara 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.
(2) The State Secretary, the State Attorney-General and the State Financial Secretary shall not be removed from office or suspended from the exercise of the functions of his office except on the like grounds and in the like manner as a member of the Commission.


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.

No. 10760