MALAYSIA ACT

Malaysia LAWS OF MALAYSIA REPRINT Act No. 26 of 1963 MALAYSIA ACT As at 30 October 2023 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2023 1 2 Laws of Malaysia Act 26/1963 MALAYSIA ACT Date of Royal Assent … … … … … … … … 26 August 1963 First enacted … … … … … … … … 1963 (Act No. 26 of 1963) Date of publication in the Gazette … … … … … … … … … … … … 29 August 1963 Date of coming into operation … … … … 16 September 1963 Latest amendment made by Act No. 54 of 1965 which came into operation on … … … … … 9 August 1965 First enacted in 1963 as Act No. 26 of 1963 Malaysia LAWS OF MALAYSIA Act No. 26 of 1963 MALAYSIA ACT ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Citation 2. Commencement 3. Sections of Act inserted in Constitution Part II THE STATES OF THE FEDERATION 4. The name, States and territories of the Federation (Article 1) Part III GENERAL CONSTITUTIONAL ARRANGEMENTS Title I General Provisions as to Federal and State Institutions Chapter 1—Preliminary 5. Interpretation of constitutional terms Chapter 2—Heads of State 6. Conference of Rulers 7. Religious functions 3 4 Laws of Malaysia Act 26/1963 Chapter 3—Parliament, Legislative Assemblies and State Constitutions Section 8. Increase in appointed members of Senate 9. Composition of House of Representatives (Article 46) 10. Election Commission, and delimitation of constituencies 11. Decisions as to disqualification of member of either House or of Legislative Assembly 12. State Constitutions Chapter 4—The Judiciary 13. Judicial power of the Federation (Article 121) 14. Jurisdiction of Federal Court (Article 128) 15. Constitution of Federal Court (Article 122) 16. Constitution of High Courts (Article 122a) 17. Appointment of judges of Federal Court and of High Courts (Article 122b) 18. Transfer of judge of one High Court to another (Article 122c) 19. Qualifications of judges of Federal Court and of High Courts (Article 123) 20. Oath of office of judges (Article 124) 21. Provision for incapacity, etc. of Lord President or Chief Justice (Article 131a) 22. Application to new courts of Articles 125 to 127, 130 and 131 Title II Citizenship Chapter 1—Citizenship by operation of law 23. Citizenship by operation of law (Article 14) 24. Supplementary amendments as to citizenship by operation of law Chapter 2—Citizenship by registration or naturalization, and transfer to or from Singapore 25. Citizenship by registration (wives and children of citizens) (Article 15) 26. Citizenship by registration (persons resident in Borneo States on Malaysia Day) (Article 16a) 27. Citizenship by naturalization (Article 19) Malaysia 5 Section 28. 29. Transfer of citizenship to or from Singapore (Article 19a) Miscellaneous amendments as to citizenship by registration or naturalization Chapter 3—Miscellaneous 30. 31. 32. 33. 34. Deprivation of citizenship (Singapore citizens and persons becoming citizens on Malaysia Day) (Article 28a) Franchise, etc., of Singapore citizens and other citizens (Article 30a) Liaison as to citizenship between governments of Federation and of Singapore (Article 30b) Minor amendments Exclusion, as respects Borneo States and Singapore, of Article 22 Title III Legislative Powers and Administrative Arrangements 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Modifications for Borneo States and Singapore of distribution of legislative powers (Article 95b) Supplements to Legislative Lists referred to in section 35 Power of Parliament to extend legislative powers of States (Article 76a) Power by order to extend legislative or executive powers of Borneo States (Article 95c) Emergency laws Proceedings for questioning validity of federal or State law Power of Parliament to give effect to existing treaties, etc. for Borneo States and Singapore Exclusion for Borneo States and Singapore of Parliament’s power to pass uniform laws about land or local government (Article 95d) Exclusion of Borneo States and Singapore from national plans for land utilization, local government, development, etc. (Article 95e) Application of Articles 83 to 87 to States not having a Ruler (Article 88) Title IV Financial provisions Chapter 1—Borneo States 45. Amendments of Tenth Schedule for Borneo States 47. Reviews of special grants to Borneo States (Article 112d) 46. Special grants and assignments of revenue to Borneo States (Article 112c) 6 Laws of Malaysia Act 26/1963 Chapter 2—Singapore Section 48. Financial arrangements with Singapore (Article 112e) Chapter 3—General 49. Borrowing powers of Borneo States and Singapore (Article 112b) 50. State audits in Borneo States and Singapore (Article 112a) 51. State road grant in States of Malaya Title V Public Services 52. Judicial and Legal Service Commission (Article 138) 53. Amendments consequential on establishment of Judicial and Legal Service Commission 54. Branches in Borneo States and in Singapore of Judicial and Legal Service Commission (Article 146a) 55. Branches in each Borneo State and in Singapore of Public Services Commission (Article 146b) 56. Supplementary provisions as to branches of Commissions (Article 146c) 57. Jurisdiction of Police Force Commission over seconded members of State service in Borneo States (Article 146d) 58. Offices not comprised in term “public service” or not subject to Commissions 59. Supplementary Title VI Protection of Special Interests Chapter 1—General 60. Power to limit freedom of movement or of association, etc. Chapter 2—Borneo States 61. Use of English and of native languages in Borneo States (Article 161) 62. Special position of natives of Borneo States (Article 161a) Malaysia 7 Section 63. 64. 65. 66. Restriction on extension to non-residents of right to practise before courts in Borneo States (Article 161b) Muslim education in Borneo States (Article 161c) Freedom of religion (Article 161d) Safeguards for constitutional position of Borneo States (Article 161e) Chapter 3—Singapore 67. Use of unofficial languages in Singapore Assembly (Article 161f) 69. Safeguards for constitutional position of Singapore (Article 161h) 68. Special position of Malays in Singapore (Article 161g) Title VII Supplementary 70. Minor and consequential amendments 72. Repeals 71. Operation of transitional provisions of Malaysia Act (Article 159a) Part IV TRANSITIONAL AND TEMPORARY Chapter 1—General 73. Continuation and effect of present laws 75. Succession to property 74. 76. 77. 78. 79. 80. Temporary power to modify and apply present laws Succession to rights, liabilities and obligations Succession as to criminal and civil proceedings Succession on future transfers of responsibility Defence lands Temporary financial provisions Chapter 2—State officers 81. 82. Preservation of pensions Special protection for pensions of serving members of State service in Borneo States 8 Laws of Malaysia Act 26/1963 Section 83. Appeals by serving members of State service in Borneo States against decisions affecting pension or compensation 84. Protection of certain members of State service in Borneo States from termination of secondment to federal service 85. Transfer of Singapore police to federal police force 86. Persons assuming federal appointments (effect of secondment: exemption from being sworn) Chapter 3—The Courts and the Judiciary 87. Temporary provision as to jurisdiction, etc. of superior courts 88. Continuity of subordinate courts and of jurisdiction 89. Continuance in office of existing judges 90. Temporary provisions as to qualifications of judges 91. Pensions of certain judges from Borneo States 92. Existing officers of Supreme Courts and judges of subordinate courts Chapter 4—Parliament and Legislative Assemblies 93. First elections and appointments to Senate 94. House of Representatives and Legislative Assemblies (elections in Borneo States) 95. House of Representatives and Legislative Assembly (elections in Singapore) 96. First delimitation of constituencies First Schedule Second Schedule Third Schedule Fourth Schedule Fifth Schedule Sixth Schedule Malaysia 9 LAWS OF MALAYSIA Act No. 26 of 1963 MALAYSIA ACT An Act for Malaysia. [16 September 1963; L.N. 214/1963] Whereas on behalf of the Federation it has been agreed, among other things, that the British colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation as the States of Sabah, Sarawak and Singapore, and that the name of the Federation should thereafter be Malaysia; And whereas, to give effect to the agreement, it is necessary to amend the Constitution of the Federation so as to provide for the admission of those States and for matters connected therewith; And whereas the Conference of Rulers has consented to the passing of this Act insofar as it amends Articles 38 and 153 of the Constitution or otherwise affects the privileges, position, honours or dignities of their Highnesses: Now, therefore, be it enacted by the Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Part I PRELIMINARY Citation 1. This Act may be cited as the Malaysia Act. 10 Laws of Malaysia Act 26/1963 Commencement 2. Except insofar as the contrary intention appears, this Act shall come into operation on the *sixteenth day of September, 1963, have been specified for the purpose by proclamation of the Yang di-Pertuan Agong; and in this Act and in any other written law “Malaysia Day” shall mean the day on which this Act comes into operation. Sections of Act inserted in Constitution 3. The Constitution shall be amended as shown in the First Schedule to this Act, by inserting as Articles of the Constitution in accordance with that Schedule the sections of this Act specified in the second column, and those sections shall be read and have effect accordingly: Provided that any Article so inserted shall have effect subject to the transitional provisions contained in Part IV of this Act. Part II THE STATES OF THE FEDERATION The name, States and territories of the Federation (Article 1) 4. (1) The Federation shall be known, in Malay and in English, by the name Malaysia. (2) The States of the Federation shall be— (a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and (b) the Borneo States, namely, Sabah and Sarawak; and (c) the State of Singapore. *Note—See L.N. 214/63. Malaysia 11 (3) The territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day. Part III GENERAL CONSTITUTIONAL ARRANGEMENTS Title I General Provisions as to Federal and State Institutions Chapter 1—Preliminary Interpretation of constitutional terms 5. In Article 160 of the Constitution, in Clause (2), there shall be inserted (in the places required by the alphabetical order and in substitution for the existing definition, if any, of the same term) the following definitions: “Attorney General” means the Attorney General of the Federation; “Chief Minister” and “Menteri Besar” both mean the president, by whatever style known, of the Executive Council in a State (and in particular “Chief Minister” includes the Prime Minister in Singapore); “Executive Council” means the Cabinet or other body, however called, which in the government of a State corresponds, whether or not the members of it are Ministers, to the Cabinet of Ministers in the government of the Federation (and in particular includes the Supreme Council in Sarawak); “Governor” means the Head of State, by whatever style known, in a State not having a Ruler (and in particular includes the Yang di-Pertu