Is Johor State Constitution still in force?

Yes — Johor State Constitution is currently in force.

How many articles does Johor State Constitution have?

Johor State Constitution contains 45 articles.

Where can I read the official version of Johor State Constitution?

The official text of Johor State Constitution is published at govdocs.sinarproject.org.

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Johor State Constitution

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Type: State Constitution
Status: In force
Sections: 45

Quick answer

About this state constitution

Johor State Constitution is Malaysia State Constitution, cited as State Constitution n/a, currently marked in force.

Opening note

Preamble

WHEREAS WE, by the rights and powers of Our State and our prerogatives as Sovereign Ruler and Possessor of this State of Johore and its Dependencies, together with the advice, concurrence and assent of all the Members of Our Council of Ministers, and of Our Council of State and other Chief and Elders of the country, have deliberated, considered and declared that it is proper, expedient and suitable at the present time and age that We, in Our name, and on Our behalf, and for and on behalf of Our Heirs and Successors, the Sovereign Rulers or Sultans of Johore, should make, create, found and institute, and grant, give, bestow upon and present to and for the use of the Government, subjects, and inhabitants of Our Country, a Law and Regulation for the administration and management of the State to be intituled “Undang-Undang Tubuh Kerajaan” (the Laws of the Constitution of the State), which, enduring and continuing from generation to generation, shall become and form the Law i4 Laws of the State of Johore of Our State, Country, and people, and be an inheritance which cannot be altered, varied, changed, annulled, infringed, or in any way or by any act whatsoever repealed or destroyed: Declaration AND WHEREAS WE, in Our name, and for and on Our own behalf, and for and on behalf of Our Heirs and Successors, the Sovereign Rulers and Possessors of this State, to wit, the Sultans of Johore, are pleased, willing and desirous to do what is above stated: Declaration AND WHEREAS likewise the Chiefs and Elders of Our State, in their names and for and on their own behalf, and for and on behalf of their respective Successors, and likewise all the inhabitants of Our Country and the subjects of Our State, are willing, voluntarily desirous, ready, and obediently agreeable to support and join Us in such Our intention and wish, the same being, so to say, the petition, intention and wish of all the said persons: Declaration AND WHEREAS because We Ourselves and the said persons are anxiously desirous to commence to institute such “State Constitution” at this favourable time, We do therefore commence the same with the points, arrangements, and terms as stated hereunder, they being the things which We think, consider and regard to be principally and primarily requisite to be the basis, guide, and model for the firm establishment and proper arrangement of the Government and administration of Our State: Royal Command NOW THEREFORE KNOW YE, all the subjects of Our State, of all ranks, nationalities, and religions, and Know Ye also, all who are concerned with Our Country, Territory, and native soil, that verily, We do make and enact the things stated hereunder as true, real, firm, fixed and settled Law of Our Country and The Law of the Constitution of 1895 15 State, that is to say, it shall be unlawful, unmanly, rebellious and criminal for any person to refuse to acknowledge and neglect to obey it.
First PART Interpretation

Article 1

Inthis Part, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—

(Aleph)

“His Highness”, “Ruler”, “Sovereign”, “Sovereign

Ruler” and “Sultan” means the Sultan and Sovereign

Ruler of the State and Territory of Johore and its

Dependencies;

(Ba)

“Waris” (Heir Apparent) means the person who has been chosen and appointed to be the Heir Apparent to the Throne under the provisions of Article 7 of this

Part;

(Ta)

(Deleted by J.G.N. No. 811/1961);

(Tha)

“Waris yang lain” (other Heirs) means those persons who follow after the Heir Apparent and are eligible to take his place;

(Jeem)

“Jumaah Majlis Diraja” (Council of the Royal Court)

means the Council of the Royal Court appointed by

His Highness in accordance with the provisions of

Article 28 hereof;

(Cha)

“Dato-Dato”, “Orang-Orang Kaya” and “Penghulu-Penghulu Besar” mean respectively persons upon whom such rank has been conferred by His Highness;

(Ha)

*Jumaah Pangkuan Negeri” (Supporters of the Country)

means the Counsellors of the Council of the Royal

Laws of the State of Johore

Court, Dato-Dato, Orang-Orang Kaya and Penghulu-Penghulu Besar who are styled “Ahlul Hilliwal-Aakadi”

in Islamic law:

Provided that each one thereof shall be of the Malay race, professing the religion of Islam and a subject of His Highness;

(Kha)

(Deleted by J.G.N. No. 301/1959).

THE SOVEREIGN

The Sovereign must be a Malay of royal blood and a

Article 2

Mushina

Save as otherwise provided in Article 5, the Sovereign shall be a person of the Malay race, of royal blood, a descendant of

Johore Sovereigns, a male, and of the Muslim faith; and such shall also be the persons described as “Waris” and “Waris yang lain”.

Descendants of Ahmarhum Sultan Abu Bakar, Almarhum

Temenggung Ibrahim and Almarhum Temenggung Abdul

Rahman

Article

(1)

The person eligible to be confirmed as Sovereign under the provisions of this Part must, subject to the provisions of Paragraphs

(2)

and (3) of this Article and of Article 5, be a descendant of the body and flesh and blood of His late Highness Sultan Abu

Bakar, truly genuine and lawfully begotten and a son, grandson, great-grandson and so on of the male line, first one generation after another until the last.

*NOTE—The words “Princes (Anak-anak Raja laki-laki) down to the third generation of each

Ruler of the State of Johore, commencing with the Almarhum Abdul Rahman and continuing down to the Almarhum Ibrahim, and His Highness Sultan Abu Bakar, that is to say, the descendants of each of them down to the third generation (children, grandchildren, great-grandchildren)

are all of them understood to be of and included in the number of the “Supporters of the

Country”; but in the matter of electing, proclaiming and installing the Sovereign those only have power to participate who, at the time, are Ministers or Officers considered as of high rank as defined in (Jeem) and (Cha)” were deleted vide Laws of the Constitution of 1895 and the

Supplements (Amendment and Consolidation) Supplement 1959 [J.G.N. No. 301/1959]

w.e.f.

20 April

Article 1959

The interpretations of “Jumaah Majlis Diraja” (Council of the Royal Court)

as defined in (Jeem) and “Dato-Dato”,

“Orang-Orang Kaya” and “Penghulu-Penghulu Besar”

as defined in (Cha) subsitituted for the definitions of “Majlis Mesyuarat Menteri-Menteri”

(Council of Ministers) and “Ketua-Ketua” (Officers of high rank) vide J.G.N. No. 301/1959

w.e.f. 20 April 1959.

The Law of the Constitution of 1895

(2)

If at any time the lineal descendants of His late Highness

Sultan Abu Bakar should become totally extinct, or if those remaining are found, upon an enquiry held under the circumstances referred to in the second proviso to this Article, to be ineligible, the person eligible to be confirmed as Sovereign shall be one of the male lineal descendants, truly genuine and lawfully begotten, of Almarhum Temenggung Ibrahim.

(3)

Ifat any time the lineal descendants of Almarhum Temenggung

Ibrahim should become totally extinct, or if those remaining are found, upon an enquiry held under the circumstances referred to in the second proviso to this Article, to be ineligible, the person eligible to be confirmed as Sovereign shall be one of the male lineal descendants, truly genuine and lawfully begotten, of

Almarhum Temenggung Abdul Rahman:

Provided that no descendant under Paragraph (1), (2) or (3) of this Article shall be eligible to be confirmed as Sovereign unless he is also the Heir Apparent in accordance with the provisions of Article 7 of this Part:

And provided further that no such descendant shall be eligible to be confirmed as Sovereign if he is considered and determined, after full and complete enquiry by the Supporters of the Country, to have some great and serious defect, derogatory to the quality of a Sovereign, that is to say any infirmity such as insanity, blindness, dumbness or possessing some base qualities on account of which he would not be permitted by the Hukum Syarak to become a Sovereign.

Confirmation of the Sovereign 4.

(1)

On the death or abdication of the Sovereign or the decision to appoint a Successor in the circumstances referred to in Article 12 of this Part, the Supporters of the Country shall meet and shall, subject to the second proviso to Article 3, confirm the Heir

Apparent as Sovereign.

(2)

In the event of the Heir Apparent being found by the

Supporters of the Country to be ineligible to be confirmed as

Sovereign, the Council of the Royal Court shall immediately meet and shall thereupon terminate the appointment of such Heir

Apparent and forthwith appoint one of the other Heirs to be Heir

Laws of the State of Johore

Apparent whereupon the Supporters of the Country shall, subject to the second proviso to Article 3, confirm him as Sovereign.

Electing as Sovereign ome not a descendant of Abu Bakar,

Ibrahim, or of Abdul Rahman 5.

Supposing a time should arrive when there should not remain a single representative left of the descendants of the three Rulers mentioned in the last Article, or if there should be one, but who does not possess the necessary qualifications required by this

Law and Islamic law, then the matter of choosing, electing, and appointing the Sovereign shall be left to the consideration, judgment and decision of the Supporters of the Country; but it is provided that the person to be taken, chosen, elected, and appointed by them as Sovereign, shall be a man of mature age, sound mind, a real Johore Malay, a subject of the State of Johore, professing the religion of Islam, of freeborn and good blood, and acknowledged to be legitimately and lawfully begotten, and in addition able to read and write his own language, and possessing a reputation, an understanding, a nature, temper, disposition, and deportment that are good and praiseworthy. And should the person taken, chosen, elected, and appointed Sovereign be not of royal blood, it is understood that such a case shall be an exception to the rule laid down in Article 2, and shall be held to be lawful.

Treason of the lower heirs 6.

If the Heir Apparent or other Heirs or any person of the lines of descent mentioned in the several foregoing Articles shall do or shall attempt to do anything or prosecute a plan or scheme of a treasonable nature against a person whose relative position with respect to the throne of Johore is nearer than his own, with intent to effect the destruction of the Member or Members of the royal family of such closer relationship in order that he himself or any other person of his line of descent, or any one of quite another blood may by means or reason or cause of such treasonable act become the Sovereign Ruler, such as for instance the Heir Apparent conspiring against the reigning Sovereign or a descendant more distant from the Throne against a nearer descendant, according to the arrangements provided for in regard to the succession of

The Law of the Constitution of 1895 19

the Sovereign from among the several lines of descent, such an act shall be considered of exceeding wickedness and offence, and the punishment to be inflicted on any person or party so offending shall be such as may be prescribed by law and he or they with all his or their descendants, shall be regarded as having no further right whatsoever to inherit the Throne of Johore, even though the vicissitudes of events under the Divine Will should, as it were, bring the inheritance to them or their descendants. And likewise, such rights, if any, as they may have received from the

State, such as rank and maintenance, shall be stopped and shall revert to the State.

The Heir Apparent 7.

(1)

Upon his accession to the Throne or as soon thereafter as conveniently possible, the Sovereign, acting on the advice and with the concurrence of the Council of the Royal Court, shall choose and appoint from among the descendants, so long as any such descendant shall exist, who by virtue of the provisions of

Article 3 are eligible to succeed him, one to be the Heir Apparent to the Throne.

(2)

The Sovereign may in like manner at any time terminate the appointment of the Heir Apparent and shall, in any such case, as soon thereafter as conveniently may be, choose and appoint, in the manner provided by Paragraph (1) of this Article, another from the said descendants to be the Heir Apparent.

(3)

The Heir Apparent shall, for so long as he holds such appointment, enjoy the title “Tunku Mahkota Johore” (Crown

Prince of Johore).

(4)

If at any time of the death or abdication of the Sovereign or of the appointment of a Successor in the circumstances referred to in Article 12 of this Part, there is no Heir Apparent, the Council of the Royal Court shall forthwith meet and appoint an Heir Apparent from the descendants referred to in Article 3

of this Part if any such descendant still exist.

(5)

The person who is Heir Apparent immediately before the coming into operation of this Article shall continue as Heir Apparent in like manner as if he had been appointed under Paragraph (1)

of this Article.

Laws of the State of Johore

Sovereign's cath 8.

His Highness at His accession to the Throne, or if He is at such accession under the age of twenty-one years according to Muslim reckoning upon His attaining that age, take the oath prescribed in the First Schedule.

REGENCY

Regency 9.

(1)

There shall be a Regency in the State under the following conditions, that is to say—

(a)

if His Highness is, at

His accession to the Throne, under the age of twenty-one years according to Muslim reckoning;

(b)

if the Council of the Royal Court declares in writing that it is satisfied by evidence which shall include the evidence of physicians that His Highness is, by reason of infirmity of mind or body, incapable for the time being of performing the royal functions, or that it is satisfied by evidence that His Highness is not available for the performance of those functions;

(c)

in the event of illness not amounting to such infirmity of mind or body as is mentioned in the preceding subparagraph, or of absence from the

State of His

Highness;

(d)

in the event of His Highness being elected to the office or for a period exceeding fifteen days exercising the functions of Yang di-Pertuan Agong.

(2)

In the circumstances referred to in subparagraphs (a) and

(b)

of Paragraph (1) of this Article, the Council of the Roya!

Court shall appoint a Regent or a Council of Regency as to it seems expedient to perform the royal functions.

(3)

In the circumstances referred to in subparagraph

(c)

Paragraph (1) of this Article, His Highness acting on the advice and with the concurrence of the Council of the Royal Court may,

The Law of the Constitution of 1895 21

in order to prevent delay or difficulty in the despatch of the public business, by Instrument under His Sign Manual and the

State Seal appoint a Regent or Council of Regency to perform such of the royal functions as may be specified therein.

(4)

In the circumstances referred to in subparagraph

(d)

Paragraph (1) of this Article, His Highness acting on the advice and with the concurrence of the Council of the Royal Court shall by Instrument under His Sign Manual and the State Seal appoint a Regent or a Council of Regency to perform the royal functions.

(5)

Any appointment of a Regent or a Council of Regency under this Article may be revoked or varied in like manner to that in which it was made and any such appointment shall in any event terminate when the circumstances under which it was made cease to exist or upon the demise of His Highness.

(6)

The appointment of a Regent or a Council of Regency in the circumstances referred to in subparagraph (c) of Paragraph

(1)

of this Article shall not include the power to dissolve the

Legislative Assembly otherwise than on the express instruction of His Highness (which may be conveyed by telegraph).

(7)

Where a Regent or a Council of Regency is appointed to perform the royal functions in the circumstances referred to in subparagraph (d) of Paragraph (1) of this Article, the performance thereof shall not include the functions of His Highness as Head of the religion of the State.

Article 10

(Deleted by J.G.N. No. 811/1961).

Article 11

(Deleted by J.G.N. No. 811/1961).

Mla.

(Deleted by J.G.N. No. 811/1961).

Regent's oath liz.

The Regent, before any assumption by him of any of his powers and duties as such, shall take and subscribe before the

Council of the Royal Court the oath prescribed in the Second

Schedule hereto.

Laws of the State of Johore

Appointment of Council of Regency to be published iic.

The appointment of a Council of Regency under the provisions of Paragraphs (2), (3) and

(4)

of Article 9 shall be published in the Gazette.

Composition of Council of Regency lip.

Every Council of Regency shall consist of three members who shall be of the Malay race, subjects of His Highness and persons who profess the religion of Islam:

Provided that any person being a member of the Council of the Royal Court shall, if appointed a member of the Council of

Regency, thereupon cease to be a member of the Council of the

Royal Court for so long as he remains a member of the Council of Regency:

And provided further that any person being a member of the State Executive Council or the Legislative Assembly shall not be eligible for appointment as a member of the Council of

Regency.

Counsellor’s oath and exercise of powers by Counsellors liz.

(1)

Any person appointed to be a member of the Council of

Regency under the provisions of this Constitution shall be known as a “Counsellor of Regency” for the period of such appointment, and shall before he acts in or enters upon his office take the oath of office prescribed in the Third Schedule.

(2)

Any royal functions possessed by a Council of Regency shall be exercised jointly by the Counsellors of Regency.

Incapacity of Counsellor lir.

If the Council of the Royal Court declares in writing that it is satisfied by evidence which shall include the evidence of physicians that a Counsellor of Regency is, by reason of infirmity of mind or body, incapable for the time being of performing the

The Law of the Constitution of 1895 23

functions of his office, or that a Counsellor of Regency is not available for the performance of those functions, the Counci! of the Royal Court may—

(1)

terminate the appointment of such Counsellor and appoint another person as Counsellor in his place; or

(2)

appoint a temporary Counsellor for the period of the incapacity or non-availability of such Counsellor.

Vacancy in Council of Regency lic.

in the event, for any reason whatsoever, of a person ceasing to be a Counsellor of Regency, the Council of Regency shall not be capable of performing the royal functions until another person shall be appointed thereto in accordance with the provisions of this Constitution.

The Sovereign’s prolonged absence from the Country 12.

(1)

If the Sovereign leaves the State and Territory of Johore for more than five years from the time He first set out from His

Country and resides in a foreign place or places without suffering from any illness which may really prevent Him from returning, or without there being any excuse or business or circumstance which may necessitate His remaining still longer away in a foreign country or countries, the Council of the Royal Court shall have the right and power to hold a meeting of Council to consider the matter until a decision shall have been arrived at as to whether it is proper to wait longer for the return of the Sovereign, and if so, what length of time it is proper still to wait; or whether it is proper and necessary to take the view that He is actually not desirous to return at all and that such being the case His

Successor may be appointed and installed.

(2)

(Deleted by J.G.N. No. 301/1959).

A new Ruler being appointed 13.

Ifowing to the non-residence of the Sovereign in the Country and Territory of Johore for a full term of five years, as stated

Laws of the State of Johore in Article 12, a Successor to Him shall have been appointed and installed, the former shall be regarded as having withdrawn himself from the State and his rights to and claims on the State, and his circumstances in respect of the State shall be the same, as those of an Ex-Sovereign, and as such he shall come under the law which determines and regulates matters relating to an

Ex-Sovereign.

It is mot mecessary for the new Ruler to abdicate in favour of the Ex-Ruler 14,

If after the new Sovereign has been appointed and installed the Ex-Sovereign should return, that circumstance shall not render it compulsory on the new Sovereign to abdicate the Throne and surrender the State rights to him again, if even his return should take place only one day after the appointment and installation of his Successor.

Article 15

(Deleted by J.G.N. No. 301/1959).

Article 16

(Deleted by J.G.N. No. 301/1959).

The Sovereign wishing to resign His Throne 17.

If the Sovereign, at any time during His occupation of the

Throne, does not any longer wish to be Ruler, and so desires to abdicate and to relinquish His royal rights and powers, owing to any reason whatsoever, reason which He may or may not be willing to explain, He may give up and cease to be Ruler, with the right to reside whenever He chooses, either in the Territory of Johore or in any country in a state of amity and rot at war with the State of Johore.

Mode of procedure in the case of the Sovereign wishing to resign the Throne 18.

Ifatthe time the Sovereign wishes to abdicate and withdraw from His Sovereignty, He is in His own Country, the royal command in regard to and the token and evidence of such act shall be made in writing, sealed with the State Seal, and signed with the Sign Manual of the Sovereign Himself, with at least

The Law of the Constitution of 1895 25

three Counsellors of the Council of the Royal Court present to witness the same with their signatures; and this event must be made known and published by the Council of the Royal Court to ihe inhabitants of the Country as soon as possible, together with the information as to who is to succeed Him, that is to say, if His Successor shall have already been definitely known in accordance with the arrangement provided for by this Law in that respect.

The Sovereign wishing to resign but is absent from His own

Country 19.

If the Sovereign at the time He wishes to abdicate and withdraw from His Sovereignty is not in His Country, that is to say, that He is in a foreign country, it is not required that this act on His part should be in accordance with the arrangements stated in the foregoing Article; but such arrangements only as may be proper and considered legal shall be necessary to be made in the matter of determining and witnessing His retirement from

His Sovereignty.

The Ex-Ruler may not interfere in State affairs 20.

The Ruler who has withdrawn himself and retired from the

Sovereignty, as stated in Articles 13 and 17 may not in any way interfere or intermeddle, or have a voice in any affairs of the

Country and State, whether he resides in the Territory of Johore or in a foreign country.

The Ex-Ruler has the right to an allowance for life 21.

The Ex-Ruler whether he resides in the Territory of Johore or not, shall have the right to get for his maintenance an allowance out of the revenue of the Country of not more than a quarter or a fourth part of the sum fixed for his maintenance when he was the reigning Sovereign, and shall also have the right to get a suitable house for his residence, if he resides in the Territory of Johore and provided the locality is considered a suitable one, and such allowance shall continue until his demise, and such residence shall, after his demise, be given and become a heritage to his heirs in accordance with Islamic law.

Laws of the State of Johore

It is a great offence for the Ex-Ruler to instigate the people to rebel 22.

Ifthe Ex-Ruler mixes, or interferes, or interposes his voice in any State affair, the Government shall have the right to discontinue his allowance, and the length of time for such discontinuance shall be left to the consideration of the Legislative Assembly. And if the Ex-Ruler incites the people to rebel, or conspires with any person or foreign state with intent to create or cause injury to the Country or to the interests of the Country the Government shall have the right to stop his allowance and to look upon and treat him as an offender against the State.

Claim to be appointed “Raja Muda”, “Bendahara” and

“Temenggung” the Sovereign has the right to appoint the same 23.

No relative of the Sovereign may in any manner claim, nor shall it be obligatory or advisable to accept the claim that he may be appointed, or made or given the title of “Raja Muda” or

“Bendahara” or “Temenggung” or any other title, which in former times existed or were commonly used in the State of Johore. But the Sovereign, with the concurrence of the Council of the Royal

Court, has the right to appoint, create and nominate from among

His relatives whether distant or near, a Raja Muda, or Bendahara, or Temenggung, or any two of them, or all three of them; but in such cases, everything as regards the ranks, positions, functions, duties, powers, and rights of the persons, appointed, and other details such as whether such titles and ranks are hereditary or not shall be in the power of the Sovereign with the concurrence of the Council of the Royal Court to settle and determine at the time of appointing and creating them. And further, the Sovereign shall, with the concurrence of the Council of the Royal Court, have the right and power to degrade them if sufficient fault or offence shall have been committed by them to render the same expedient.

Rank and offices of the

Raja Muda, Bendahara and

Temenggung 24.

If there is a Raja Muda and Bendahara and Temenggung, it shall be understood in respect of all three of them that they are

The Law of the Constitution of 1895 27

included among the Members of the Council of the Royal Court and their order of precedence in respect of one another shall be in the order of their titles as herein mentioned:

Provided that they shall not be deemed to be included in the number of the Supporters of the Country in the matter of choosing, electing and appointing a Sovereign.

The Sovereign’s allowance 25.

With regard to the Sovereign, who, by the Grace of God the Most High, and the blessing of the Prophet Muhammad on whom be the benediction and peace of God is still reigning,(that is to say, We, Abu Bakar, the Sultan of the State and Territory of

Johore, who, by the will and pleasure of the Lord of the Universe, have aided in making the State of Johore what it is now, for which We offer up to God Our innumerable thanksgivings), it is with the voluntary approval and consideration of Our Council of State determined that no fixed sum of money should be put aside for Our expenses on account of Our Royal Residences and for Our personal maintenance; but We do hereby make a firm and manifest Law and Regulation that, verily, with regard to the

Sovereigns of Johore who come after us, they may not any one of them in any manner whatsoever take and appropriate for his own use one single doit more than the sum which shall be fixed from time to time by the Legislative Assembly. And in view of this matter We on the other hand do hereby make a firm and manifest Law and Regulation that the sum of money which shall be fixed for the maintenance of the Sovereign shall actually be reasonable, adequate and suitable to the rank, position and dignity of the Sovereign Ruler; and that in the arrangement for fixing the amount of the Sovereign’s allowance no account shall in any way be taken of any income of the Sovereign derivable from His own personal estates and properties and those which are not the property of the State.

The Sovereign’s relations who are entitled to maintenance 26.

The allowances for the maintenance of the Sovereign’s relatives shall be left entirely to the judgment of the Sovereign with the advice and concurrence of the Legislative Assembly as regards the fixing of the different sums for the same, and the

Laws of the State of Johore relatives of the Sovereign who are recognized as having a right to receive allowances for their maintenance are as under—

(1)

the Consort of the Sovereign who bears the title of

Sultanah or Permaisuri;

(2)

the sons and daughters of the Sovereign;

(3)

the royal brothers and sisters of the Sovereign;

(4)

the royal uncles and aunts of the Sovereign;

(5)

the nephews and nieces of the Sovereign whose fathers or mothers, being the royal brothers or sisters of the

Sovereign as mentioned in Paragraph (3), are dead. If there are two or more of them, they may get at least half of the allowance granted to their deceased father or mother, which shall be divided amongst them in an equitable manner as a gift of the State for their maintenance, especial and particular consideration to be given to the case of such nephews and nieces of the Sovereign who are young or of nieces who are unmarried.

Others than those herein mentioned have not any right whatever to expect maintenance from the State, but if it should be granted to them, it shall be entirely considered as the outcome of the regard and consideration of the Sovereign with the advice and concurrence of the Legislative Assembly.

By the Sovereign is meant the reigning Sovereign or a deceased

Sovereign.

Every person who at the date hereof is in receipt of an allowance under this Article, as being the nephew or niece of the Sovereign shall, subject to the proviso hereinafter set forth, continue in receipt of such allowance for the period of his life.

No person who, being the son or daughter of a deceased brother or sister of the Sovereign, is not at the date hereof in receipt of an allowance under this Article shall be entitled to any such allowance in respect of any period prior to the date hereof, but every such person shall as from the date hereof subject to the proviso hereinafter set forth receive such allowance as the

The Law of ihe Constitution of 1895 29

Sovereign with the advice and concurrence of the Legislative

Assembly shall in each case direct:

Provided always that if any person to whom an allowance is payable under this Article shall assign or transfer the same or shall be convicted before any court in-the Federation or in any other country of any crime or offence which in the opinion of the Council of the Royal Court is of a dishonourable character or if any such person becomes bankrupt then in every such case such allowance shall forthwith cease:

Provided also that the Sovereign may after considering the advice of the Council of the Royal Court direct that no allowance shall be paid to any person to whom such an allowance would otherwise be payable under this Article in any case where such person has in the opinion of the said Court conducted himself in any manner which offends in any way against the religion of Islam, and if such person has been in receipt of any such allowance the same shall thereupon cease:

And provided further that a person to whom any allowance is payable under this Article shall be entitled to receive only one such allowance but if he becomes qualified to receive two or more of such allowances, the allowance payable to him shall be the highest thereof.

Allowance of Sovereign and Consort whenever the Sovereign is Yang di-Pertuan Agong 26a.

Notwithstanding the provisions of Articles 25 and 26, there shall not be paid any allowance thereunder—

(a)

to the Sovereign or the Consort of the Sovereign who bears the title of Sultanah or Permaisuri in respect of any period during which the Sovereign is elected Yang di-Pertuan Agong; or

(b)

to the Sovereign in respect of any period exceeding fifteen days during which the Sovereign exercises the functions of the Yang di-Pertuan Agong.

Laws of the State of Johore

Princes who are officers of State 27.

Princes who hold appointments in the State, may be entitled to the salaries attaching to such appointments, even if they should be in receipt of an allowance from the State, their case being under such circumstances the same as other officers.

JUMAAH PANGKUAN NEGERI

(SUPPORTERS OF THE COUNTRY)

Definition of “President”, “Secretary” and “Member”

Article 274

For the purposes of the “Supporters of the Country”

appearing in Articles 1

(Ha),

3, 4,

5, 24, 27a, 278, 27c, 27p, and 27e of this Part there shall be a “President”, a “Secretary”

and “Members” as follows:

(a)

“President” means the Menteri Besar who is of the Malay race, professing the religion of Islam and a subject of

His Royal Highness and if he is disqualified to be the

President, or in the event of his absence from the State or illness, includes the President of the Council of the

Royal Court, or if at any meeting the Menteri Besar and the President of the Council of the Royal Court are absent from the State or are ill then the Members present shall elect a Member to be President for that meeting;

(b)

“Secretary” means the State Secretary, and in his absence from the State or illness, includes a Supporter of the

Country to be appointed in that behalf by the President;

and

(c)

“Member” means a member of the Supporters of the

Country.

Summoning of Supporters of the Country to confirm a

Sovereign 278.

(1)

On the death or abdication of the Sovereign or after the decision to appoint a Successor in the circumstances referred to in Article 12 of this Part, the Secretary shall on the instruction of the President convene, by notice in writing or otherwise to

The Law of the Constitution of 1895 31

each Supporter of the Country to be delivered at his address in the State, a meeting of the Supporters of the Country for the purpose of confirming the Heir Apparent as Sovereign.

(2)

It shall be the duty of each Member to attend at the time and place stated in the said notice unless his absence has been excused by the President for such reason as the President shall deem to be reasonable and sufficient.

Voting and decisions 27c.

(1)

The Supporters of the Country shall, if not unanimous, make its decision by a simple majority of members present and voting; and the President shall cast his vote whenever necessary to avoid an equality of votes, but he shall not vote in any other case.

(2)

Any decision of the Supporters of the Country shall not be void by reason only of the absence of any Member whether such absence has been excused by the President or not.

Meetings 27p.

(1)

No person other than Members shall be present at any meeting of the Supporters of the Country.

(2)

Except for the State Secretary any Member who is in the

Public Service of the State, the Federation or other States in the

Federation at a time when the Supporters of the Country are exercising the powers conferred upon them by Articles 3 and 5 of this Part, shall not take any part in the exercise of such powers.

(3)

The President may adjourn any meeting of the Supporters of the Country from time to time but a meeting once begun shall continue until a decision of the Supporters of the Country has been made.

Minutes and record 27g. (1) Minutes of the proceedings at each meeting of the Supporters of the Country shall be kept in writing by the Secretary.

Laws of the State of Johore

(2)

A record of every decision of the Supporters of the

Country shall be made in writing by the Secretary and it shall be signed by the President whose signature shall be witnessed by the Secretary.

(3)

Every decision of the Supporters of the Country shall be notified in the Gazette.

JUMAAH MAJLIS DIRAJA

(COUNCIL OF THE ROYAL COURT)

Council of the Royal Court 28.

(1)

The Council of the Royal Court shall consist of not less than seven nor more than twelve persons who shall be appointed to be Counsellors thereof by His Highness.

(2)

His Highness shall appoint one of the Counsellors as President and one as Secretary of the Council of the Royal Court.

(3)

The State Secretary shall have the right to take part but shall not have any vote in the proceedings of the Council of the

Royal Court:

Provided that before he attends the first meeting of the Council of Royal Court he shall take and subscribe in the presence of the

President of the Council of the Royal Court the following oath of secrecy

—

“WALLAHI WABILLAHI WATALLAHI the State Secretary, do solemnly swear that I will not directly or indirectly communicate or reveal to any person any matter

Which shall be brought under my consideration or shall become known to me in the course of my attending the Council of

Royal Court except as may be required for the due discharge of my duties as such officer or as may be specially permitted by the Council of Royal Court.”.

The Law of the Constitution of 1895 33 29.

(Deleted by J.G.N. No. 301/1959).

Race and religion of Counsellors 30.

Every Counsellor must be a Malay, a subject of His Highness and professing the religion of Islam.

Counsellors to take the oath 31.

Every person appointed to be a Counsellor shall take the

Oath prescribed in the Fourth Schedule and the Oath shall be attested by his signature to be written in a book provided for the purpose, in the presence of two witnesses, declaring himself to be truly a Malay, a subject of His Highness and a Muslim and acknowledging his allegiance to the Sovereign and the State.

Article 32

(Deleted by J.G.N. No. 301/1959).

Article 33

(Deleted by J.G.N. No. 301/1959).

34,

(Deleted by J.G.N. No. 301/1959).

Article 35

(Deleted by J.G.N. No. 301/1959).

Counsellors may ask permission to resign from the Council 36.

The Counsellors have each of them the power to ask permission to resign from the Council of the Royal Court and if his request is granted he may resign.

Re-election and readmission to membership of ‘Council 37.

Any person who has been a member of the Council of the

Royal Court and has retired therefrom in the manner set forth in the above Article, shall always be eligible for re-election and readmission to the membership of the Council of the Royal

Court.

Laws of the State of Johore

No person can be compelled to become a Counsellor 38.

Itis not compulsory for any person to obey the royal command admitting him into the Council of the Royal Court, nor is it necessary for him to give the reasons for his unwillingness.

Counsellors need not be possessed of a title 39.

Itis notobligatory that any person who becomes a Counsellor should have the title of “Dato”, whether the title of a Dato of

State or a Dato of any order conferred on him by the Sovereign, or any other title; but his rank shall be self understood among his colleagues, as in the matter of State ceremonials and in the presence of the inhabitants of the Country by virtue of his office as such Counsellor.

The Sovereign has the right to dismiss a Counsellor and the

Council may request the dismissal of any of their colleagues 40.

The Sovereign has the right and authority to dismiss and discharge any Counsellor from his office as such Counsellor and the Council of the Royal Court has the right and authority to request the Sovereign to dismiss and discharge any or their colleagues from his office as such Counsellor if such Counsellor has committed any offence of a grave nature according to Islamic law, or according to the law of the land, or according to the etiquette of honour, and has been found after full and careful enquiry to have been clearly and evidently guilty, such as committing or attempting to commit treason against the Sovereign or State, or murdering, or ordering a murder or concurring in an attempt to murder, or being privy to an act of murder, or committing piracy or robbery, or attempting to commit any of those crimes, or receiving or attempting to receive bribes, or committing any other wicked and sinful act against the law of God and the law of the Country.

And his dismissal and discharge from office as such Counsellor may or may not be accompanied by other punishment, or he may or may not be cashiered or degraded from his rank

(if he has other rank or title) as the Sovereign shall determine at the time of considering the offence of such Counsellor.

The Law of the Constitution of 1895 35

Counsellors bearing titles resigning their posts 4i.

If any Counsellor having the title of “Dato” or any other

State title, retires from his office as such Counsellor by asking permission to resign, or is discharged from his office as such

Counsellor without having committed any fault or offence such as those stated above, his distinctive or special title shall be taken from his name. For example, if the “Dato Penggawa”, or “Dato

Bintara”, were to resign the Council of the Royal Court the title which he holds by virtue of his office as such Counsellor would be taken away from him, namely, “Penggawa” or “Bintara”, and only the title or rank of “Dato” would remain to him.

Functions of the Council of the Royal Court 42.

The functions of the Council of the Royal Court are to offer counsel and advice to the Sovereign on all matters in which the

Sovereign or the royal house or any member thereof may be concerned:

Provided that any such counsel and advice shall not extend:

(a)

to any function in respect of which, according to Paragraph

(1)

of Article 7 appearing in the Second Part hereof, the Sovereign is required to act in accordance with the advice of the State Executive Council or a member thereof acting under the general authority of the Council;

(b)

to the functions referred to in subparagraphs (a) and (b)

of Paragraph (2) of Article 7 appearing in the Second

Part hereof; and

(c)

to the powers of the Sovereign conferred by Article 12

appearing in the Second Part hereof:

And provided further that any such counsel and advice offered to the Sovereign in respect of the functions referred to in subparagraphs (c), (d), (e), (f) and (g) of Paragraph (2) of Article 7 appearing in the Second Part hereof shall not in any manner affect or limit the discretion of the Sovereign in the performance thereof except in so far as it is provided by Article 10 hereof in respect of the appointment of a Council of Regency.

Laws of the State of Johore

Meetings of the Council of the Royal Court 43.

The Council of the Royal Court shall meet at least once a year, and at other times whenever required

—

firstly, by command of the Sovereign;

secondly, at the requisition of the President of the Council;

thirdly, at the requisition of three members of the Council.

Quorum fer a Council of Royal Court 44.

In any meeting of the Council of the Royal Court five members shall form a quorum. If the Sovereign is present, then three members shall suffice to form a quorum; but it is necessary, if there is time, to give notice to all the members who are present in the country regarding the proposed meeting.

Article 45

(Deleted by J.G.N. No. 301/1959).

Article 46

(Deleted by J.G.N. No. 301/1959).

Article 47

(Deleted by J.G.N. No. 301/1959).

Article 48

(Deleted by J.G.N. No. 301/1959).

49,

(Deleted by J.G.N. No. 301/1959).

Article 50

(Deleted by J.G.N. No. 301/1959).

Article 51

(Deleted by J.G.N. No. 301/1959).

Article 52

(Deleted by J.G.N. No. 301/1959).

Article 53

(Deleted by J.G.N. No. 301/1959).

Article 54

(Deleted by J.G.N. No. 301/1959).

Article 55

(Deleted by J.G.N. No. 301/1959).

Article 56

(Deleted by J.G.N. No. 301/1959).

The Law of the Constitution of 1895 37

MISCELLANEOUS MEMORANDA

Religion of the State and other religions 57.

What is called the “Religion of the State” for this Territory and State of Johore is the religion of Islam, and such being the case, the religion of Islam shall continuously and for ever be, and be acknowledged to be, and spoken of as, the “State Religion”;

that is to say, on no account may any other religion be made or spoken of as the religion of the Country, aithough all other religions are allowed, and are always understood as proper to be allowed, to be practised in peace and harmony by the people professing them in all and every part of the Territory and Dependencies of the State of Johore.

Article 57a

(Deleted by J.G.N. No, 301/1959).

Representation of His Highness on the Conference of Rulers

S78.

(1)

His Highness may appoint by Instrument under His Sign

Manual and the State Seal a Malay professing the religion of Islam to take His place as a member of the Conference of Rulers.

(2)

Every such appointment shall be for such period and subject to such conditions and restrictions as may be prescribed therein.

The laws and customs of the Country 58.

All the laws and customs of the Country shall be carried out and exercised with justice and fairness by all the courts of justice and by all officers and servants of the State between all the people of the Country and the aliens who sojourn and reside under its protection, whether for a season or for a lengthened period, that is to say, without their entertaining in the least degree more sympathy or regard or partiality towards those who profess the religion of the Country, namely the religion of Islam, or making any difference between those who are the subjects of the State and those who are not.

Laws of the State of Johore

Amity between the State and other States 59.

The Sovereign and the Government of Johore shall always and permanently remain in a state and condition of amity and good understanding with other States.

Article 60

(Deleted by J.G.N. No, 301/1959).

Motto of the royal family 61.

The Crown, together with all the Insignia of Royalty, and the Sovereign’s Standard, all these shall for ever be used and adhered to in their present forms and descriptions respectively without any alteration or variation; and likewise the Motto of the royal family “Muafakat itu Berkat” (Concord is a Blessing)

shall be used and perpetuated.

The Orders and the

Iron Medal to be continued in perpetuity 62.

The two kinds of Orders now existing shall permanently be used and continued in perpetuity in their present shapes and forms, namely, “The Most Esteemed Family Order”, and “The

Most Honourable Order of the Crown of Johore”; and of the present Medals the “Iron Medal” shall permanently be used and perpetuated as a reward for bravery and for meritorious services rendered to the State in deeds perilous to human life.

Caution against creating new Orders 63.

Although it is stated in this Law that the said Orders shall be used and perpetuated it is not forbidden or interdicted to the

Sovereign to make, create, and institute other Orders and Badges of Honour and Dignity, for the Sovereign is the fountain of all honours and dignities; but it is reminded that no other Order shall be made, created, and instituted merely for the sake of increasing and multiplying the number of Orders, without considering carefully and well whether it would be useful and desirable to create new

Orders, because too great a number and too much display in the

Country of tokens of honour and dignity will have the effect of diminishing their estimation and value, especially in the case of a small State.

The Law of the Constitution of 1895 39 64.

(Deleted by J.G.N. No. 301/1959).

SECOND PART

THE MACHINERY OF GOVERNMENT

Interpretation i.

(1)

In this Part and the Third Part unless the context otherwise requires —

“citizen” means a citizen of the Federation by virtue of Part

III of the Federal Constitution;

“Consolidated Fund” means the Consolidated Fund of the State referred to in Part VII of the Federal Constitution;

“Federal Constitution”

means the

Constitution of the

Federation;

“financial year’ means the year beginning on the first day of

January and ending on the thirty-first day of December;

“Gazette” means the official Gazette of the Federation or the part of such Gazette which comprises the official Gazette of the

State of Johore;

“Government Printer” includes any printer purporting to be the printer authorized to print Enactments and other documents of the Government of the State of Johore;

“Legislative Assembly” means the legislative body of the State heretofore known as the Majlis Mesyuarat Negeri and hereafter to be known as the Dewan Negeri and to be regulated under the provisions of this Part;

“Malay custom” means Malay custom as from time to time observed in the State or in any particular area within the State, as the case may require;

“meeting” means any sitting or sittings of the Legislative

Assembly or a Council constituted under this Part commencing when the Assembly or Council first meets after being summoned

Laws of the State of Johore at any time and terminating when the Assembly or Council is adjourned sine die or at the conclusion of a session without adjournment;

“Menteri Besar” means the Chief Minister and senior executive officer appointed by virtue of Article 3 of this Part;

“Ruler” means His Highness the Sultan and Sovereign Ruler of the State of Johore and includes His Successors and, where the context admits, His Predecessors; and in the case of a Regency, includes the Regent, or if there is a Council of Regency, such

Council;

“session” means the sittings of the Legislative Assembly commencing when the Assembly first meets after being constituted or after its prorogation or dissolution at any time, and terminating when the Assembly is prorogued or is dissolved without having been prorogued;

“State” means the

State of Johore and includes all the

Dependencies, islands and places which on the coming into force of this Part were administered as part thereof, and the territorial waters adjacent thereto;

“State Executive Council” means the Majlis Mesyuarat Kerajaan established under the provisions of this Part;

“State Seal” means the Public Seal of the State described in

Article 3 of the Third Part;

“State Secretary”, “State Legal Adviser” and “State Financial

Officer” mean respectively the officers appointed under

Clause (1) of Article 6 of this Part;

“the Speaker” means the Speaker of the Legislative Assembly appointed by virtue of Article 24 of this Part.

(2)

Whenever reference is made in this Part to a public officer by the term designating his office, such reference means the officer for the time being lawfully discharging the functions of that office.

The Law of the Constitution of 1895 41

EXECUTIVE AUTHORITY

Executive authority 2.

(1)

The executive authority of the State shall be vested in the

,Ruler but executive functions may by law be conferred on other persons or authorities.

(2)

All executive authority of the Siate shall be expressed to be taken in the name of the Ruler.

‘Appointment of Menteri Besar 3.

(1)

The Ruler shall appoint, by Instrument under His Sign

Manual and the State Seal, a Menteri Besar having the qualification referred to in paragraph (a) of Clause (2) of Article 4, who shall be the Chief Minister and Senior Executive Officer in the State.

(2)

Subject to the provisions of Clause

(4)

of Article 4, no person shall be appointed to be Menteri Besar unless he is of the Malay race and professes the religion of Islam.

The State Executive Council 4.

(1)

The Ruler shall appoint a State Executive Council.

(2)

The State Executive Council shall be appointed as follows, that is to say—

(a)

the Ruler shall first appoint as Menteri Besar to preside over the State Executive Council a member of the

Legislative Assembly who in His judgment is likely to command the confidence of the majority of the members of the Assembly; and

(b)

He shall on the advice of the Menteri Besar appoint not more than ten nor less than four other members from among the members of the Legislative Assembly, but if an appointment is made while the Legislative Assembly is dissolved a person who was a member of the last Legislative

Assembly may be appointed but shall not continue to hold office after the first sitting of the next Legislative Assembly unless he is a member thereof.

Laws of the State of Johore

(3)

Notwithstanding anything in this Article, a person who is a citizen by naturalization or by registration under *Article 17 of the Federal Constitution shall not be appointed Menteri Besar.

(4)

In appointing a Menteri Besar the Ruler may, in His discretion, dispense with any provision in

Clause

(2)

Article 3 restricting His choice of a Menteri Besar, if in His opinion it is necessary to do so in order to comply with the provisions of this Article.

(5)

The State Executive Council shall be collectively responsible to the Legislative Assembly.

(6)

If the Menteri Besar ceases to command the confidence of the majority of the members of the Legislative Assembly, then, unless at his request the Ruler dissolves the Legislative Assembly, he shall tender the resignation of the State Executive Council.

(7)

Subject to Clause

(6)

, a member of the

State Executive

Council other than the Menteri Besar shall hold office at the

Ruler’s pleasure unless his appointment as a member shall have been revoked by the Ruler on the advice of the Menteri Besar, but any member of the Council may at any time resign his office.

(8)

The Menteri Besar shall not hold any office of profit and shall not actively engage in any commercial enterprise.

(9)

A member of the State Executive Council shall not engage in any trade, business or profession connected with any subject or department 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 State Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interest therein.

(10)

The Legislature shall by law make provision for the remuneration of the members of the State Executive Council.

Oath of office 5.

Except for the purpose of enabling this Article to be complied with, no member shall sit or vote in the State Executive Council

*NOTE—This Article has been deleted vide Constitution (Amendment) Act 1962 (Act 14/1962]

w.e.f.

1 July 1963.

The Law of the Constitution of 1895 43

until he shail have taken and subscribed before the Ruler or some person authorized by the Ruler in that behalf, the oath set out in the Fifth Schedule, and to which oath shall be added such words as will, according to his religious beliefs, bind the conscience of the person taking the oath.

Appointment of certain officers 6.

(1)

The Ruler shall, on the recommendation of the appropriate

Service Commission, by Instrument under His Sign Manual and the State Seal, appoint a person hoiding wholetime office in the public services to be the State Secretary, the State Legal Adviser and the State Financial Officer respectively:

Provided that before acting on the recommendation of the

Service Commission the Ruler shall consider the advice of the

Menteri Besar and may once refer the recommendation back to the Commission in order that it may be reconsidered:

And provided that in the event of there being no Service

Commission having jurisdiction in respect of any appointment of any of the officers mentioned in this Clause, such appointment may be made by the Ruler acting in His discretion.

(2)

(a)

The State Secretary who shall be of the Malay race and profess the religion of Islam, shall be the principal officer in charge of the administrative affairs of the State.

(b)

The

State Legal Adviser shall advise on legal matters connected with the affairs of the Government of the State referred to him by the Ruler or the State Government.

(c)

The State Financial Officer shall be the principal officer in charge of the financial affairs of the State.

(3)

Each of such officers shall have the right to take part in the proceedings of the State Executive Council and the Legislative

Assembly and may be appointed to any committee thereof but shall not have any vote in the State Executive Council or the

Legislative Assembly or in any such committee.

(4)

Before any such officer first attends a meeting of the State

Executive Council he shall take and subscribe in the presence of the Menteri Besar the oath of secrecy set out in the Seventh

Schedule.

Laws of the State of Johore

(5)

The person holding the office of State Secretary, State

Legal Adviser and State Financial Officer respectively immediately before the coming into operation of this Article shall continue to hold that office in like manner as if he has been appointed under this Article.

Appointment of Political Secretary or Press Secretary 6a.

(1)

The Menteri Besar may appoint such number of persons as he may think fit to be Political Secretaries and Press Sécretaries.

(2)

Any person appointed as a Political Secretary or a Press

Secretary by virtue of this Article

—

(a)

may resign his office at any time;

(b)

subject to paragraph (a) shall continue in office until such time as his appointment is determined by the Menteri

Besar.

(3)

Before a Political Secretary or a Press Secretary exercises the function of his office he shail take and subscribe in the presence of the Menteri Besar the following oath of secrecy—

do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a Political Secretary or a Press Secretary except as may be required for the due discharge of my duties as such or as may be specially permitted by the Menteri Besar.”.

(4)

The duties and functions of a Policital Secretary or a Press

Secretary and his remuneration shall be determined by the State

Executive Council.

Ruler to act on advice 7.

(1)

In the exercise of His functions under this Constitution or any law or as a member of the Conference of Rulers the Ruler shall act in accordance with the advice of the State Executive

The Law of the Constitution of 1895 45

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 State Executive Council.

(2)

The Ruler may act in His discretion in the performance of the following functions (in addition to those in the performance of which He may act in His discretion under the Federal Constitution)

that is to say—

(a)

(b)

(c)

(a)

(e)

(g)

the appointment of a Menteri Besar;

the withholding of consent to a request for the dissolution of the Legislative Assembly;

the making of a request for a meeting of the Conference of Rulers concerned solely with the privileges, position, honours and dignities of Their Highnesses or religious acts, observances or ceremonies;

any function as Head of the religion of Islam or relating to the custom of the Malays;

the appointment of an heir or heirs, Consort, Regent or

Council of Regency;

the appointment of persons to Malay customary ranks, titles, honours and dignities and the designation of the functions appertaining thereto;

the regulation of royal courts and palaces.

(3)

State law may make provision for requiring the Ruler to act after consultation with or on the recommendation of any person or body of persons other than the State Executive Council in the exercise of any of His functions other than—

(a)

(b)

functions exercisable in His discretion;

functions with respect to the exercise of which provision is made in this Constitution or the Federal Constitution.

Laws of the State of Johore

Official language 8.

The official language of the State Executive Council shall be Malay:

Provided that—

(a)

notwithstanding the provision of this Article the English language may be used for such period and for such purposes as may for the time being be provided by or in accordance with Article 152 of the Federal Constitution;

and

(b)

an official English version shall be provided of anything which is required to be printed or reduced into writing, and may be published in the Gazette.

Quorum of State Executive Council 9.

The State Executive Council shall not be disqualified for the transaction of business by reason of any vacancy among the members; but no business except that of adjournment shall be transacted if objection is taken by any member present that there are less than three members present besides the member presiding.

Appeals to State Executive Council 10.

When under any written law an appeal against the decision of any person lies to the Ruler or to the Ruler in Council, it shall be lawful for the Ruler or Ruler in Council, when such appeal is made, to appoint a committee consisting of not less than three members of the State Executive Council for the purpose of hearing such appeal and advising the Ruler or Ruler in Council, as the case may be, as to the decision that should be made thereon.

Minutes

Article 11

(2)

At every ordinary meeting of the Council ihe minutes of the last preceding meeting shall be confirmed, with or withoui amendments as the case may require, before proceeding to the despatch of any other business.

THE POWER OF PARDON

Power of pardon, etc.

Article

12.

(1)

The Ruler may grant a pardon, reprieve or respite in respect of any offence committed in the

State (other than any offence which has been tried by court martial); and any power conferred by federal or State law to remit, suspend or commute the sentence for any such offence shall be exercisable by Him.

(2)

The powers mentioned in Clause (1) shall be exercised in the manner and subject to the conditions prescribed in Article 42

of the Federal Constitution.

CAPACITY OF THE STATE

Capacity of the State as respects property, contracts and suits

Article

13.

(1)

The State has power to acquire, hold and dispose of property of any kind and to make contracts.

(2)

The State may sue and be sued.

THE LEGISLATURE

Legislature of the State 14,

The Legislature of the State shall consist of the Ruler and one House, to be known as the Dewan Negeri (in English, the

Legislative Assembly).

Laws of the State of Johore

Composition of the Legislative Assembly

Article 15

The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provide and, until other provision is so made, the number of members shall be fifty-six.

Article 16

Qualification of members

Every citizen of or over the age of twenty-one years who is resident in the State is qualified to be a member of the Legislative

Assembly, unless he is disqualified for being a member by the

Federal Constitution or this Constitution or by any such law as is mentioned in Article 17.

Disqualification for membership of Legislative Assembly

Article

17.

(1)

Subject to the provisions of this Article, a person is disqualified for being a member of the Legislative Assembly if—

(a)

he is and has been found or declared to be of unsound mind;

(b)

he is an undischarged bankrupt;

(c)

he holds an office of profit;

(d)

having been nominated for election to either House of

Parliament or to the Legislative Assembly, or having acted as election agent to a person so nominated, he has failed to lodge any return of election expenses required by law within the time and in the manner so required;

(e)

he has been convicted of an offence by a court of law in the Federation and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit and has not received a free pardon;

(f)

he is disqualified under any law relating to offences in connection with elections to either House of Parliament or to the Legislative Assembly by reason of having been

The Law of the Constitution of 1895 49

convicted of such an offence or having in proceedings relating to such an election been proved guilty of an act constituting such an offence; or

(g)

he has voluntarily acquired citizenship of, or exercised rights of citizenship in, a foreign country or has made a declaration of allegiance to a foreign country.

(2)

The disqualification of a person under paragraph (d)

or paragraph (e) of Clause

(1)

may be removed by the Ruler and shall, if not so removed, cease at the end of the period of five years beginning with the date on which the return mentioned in the said paragraph (d) was required to be lodged or, as the case may be, the date on which the person convicted as mentioned in the said paragraph (e) was released from the custody or the date on which the fine mentioned in the said paragraph (e) was imposed on such person, and a person shall not be disqualified under paragraph (g) of Clause (1) by reason only of anything done by him before he became a citizen.

(3)

Notwithstanding anything contained in the foregoing provisions of this Article, where a member of the Legislative

Assembly becomes disqualified from continuing to be a member thereof pursuant to paragraph (e) of Clause (1) or under a iaw as is referred to in paragraph (f) of Clause (1)—

(a)

the disqualification shail take effect upon the expiry of fourteen days from the date on which he was—

(i)

convicted and sentenced as specified in the aforesaid paragraph (e); or

Gi) convicted of an offence or proved guilty of an act under a Jaw as is referred to in the aforesaid paragraph (f); or

(b)

if within the period of fourteen days specified in paragraph

(a)

an appeal or any other court proceeding is brought in respect of such conviction or sentence, or in respect of being so convicted or proved guilty, as the case may be, the disqualification shall take effect upon the expiry of fourteen days from the date on which such appeal or other court proceeding is disposed of by the court; or

(c)

if within the period specified in paragraph (a) or the period after the disposal of the appeal or other court

Laws of the State of Johore proceeding specified in paragraph

(b)

there is filed a petition for a pardon, such disqualification shall take effect immediately upon the petition being disposed of.

(4)

Clause (3) shall not apply for the purpose of nomination or election of any person to the Legislative Assembly, for which purpose the disqualification shail take effect immediately upon the occurrence of the event referred to in paragraph (e) or (/), as the case may be, of Clause (1).

(5)

A person who resigns his membership of the Legislative

Assembly of this State or any other State, shall, for a period of five years beginning with the date on which his resignation takes effect, be disqualified from being a member of the Legislative

Assembly of this State.

Provision against double membership

Article 18

A person shall not at the same time be a member of the

Legislative Assembly for more than one constituency.

Article 19

Effect of death, disqualification and prohibition of nomination without consent

(2)

If a person disqualified for being a member of the Legislative

Assembly is elected to the Assembly, or if an election is contrary to Article 17, the election shall be void.

(3)

If the election of any person would or might be void under

Clause (2) his nomination for election shall be void.

(4)

A person cannot be validly nominated for election to the

Legislative Assembly without his consent.

The Law of the Constitution of 1893

Article 20

A member of the

Legislative Assembly may resign his membership by writing under his hand addressed to the

Speaker.

Article 21

Absence of a member

Ifa member of the Legislative Assembly is without leave of the Speaker absent from the Assembly for three consecutive meetings, his seat shall become vacant.

Decision as to disqualification

Article

22.

(1)

Uf any question arises whether a member of the Legislative

Assembly has become disqualified for membership, the decision of the Assembly shall be taken and shall be final.

(2)

Where a member of the Legislative Assembly becomes disqualified under paragraph (e) of Clause (1) of Article 17 or under a law as is referred to in paragraph

(f)

of Clause (1) of

Article 17, Clause (1) shali not apply and he shall cease to be a member of the Legislative Assembly, and his seat shall become vacant, immediately upon his disqualification taking effect in accordance with Clause (3) of Article 17.

Summoning, prorogation and dissolution of Legislative

Assembly

Article

23.

(1)

The Ruler shall from time to time summon the Legislative

Assembly and shall not allow six months to elapse between the last sitting in one session and the date appointed for its first sitting in the next session.

(2)

The Ruler may prorogue or dissolve the Legislative

Assembly.

(3)

The Legislative Assembly unless sooner dissolved shall continue for five years from the date of its first sitting and shall then stand dissolved.

Laws of the State of Johore

(4)

Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of the dissolution and the new Legislative Assembly shall be summoned to meet on a date later than ninety days from that date.

(5)

A casual vacancy shall be filled within sixty days from the date on which it is established by the Election Commission that is a vacancy:

Provided that if a casual vacancy is established on a date within two years of the date the Legislative assembly shall, in accordance with Clause (3), stand dissolved, such casual vacancy shall not be filled unless the Speaker notifies the Election Commission in writing that the numerical strength of the party that constitutes a majority of all the members of the Legislative Assembly is being affected by such vacancy, in which event such vacancy shall be filled within sixty days from the date of the receipt of that notification.

Speaker of the Legislative Assembly and his remuneration 24.(1)

The Legislative Assembly shall from time to time elect as

Speaker such person as the Legislative Assembly may determine and shall transact no business when the office of the Speaker is vacant other than the election of the Speaker.

(ia) A person shall not be elected as the Speaker unless he is a member or is qualified to be a member, of the Legislative

Assembly.

(18)

Any person elected as Speaker who is not a member of the Legislative Assembly shali—

(a)

before he enters upon the duties of his office, take and subscribe before the Legislative Assembly an oath of office; and

(b)

by virtue of holding his office, be a member of the

Legislative Assembly additional to the members to the

Assembly:

Provided that paragraph (b) shall not have effect for the purpose of the provisions of Article 4 and no person shall be entitled, by virtue of that paragraph, to vote on any matter before the

Legislative Assembly.

(2)

The Speaker may at any time resign his office and shall vacate his office—

(a)

when the Legislative Assembly first meets after a general election;

The Law of ihe Constitution of 1895 53

(b)

on his ceasing to be a member of ihe Legislative Assembly otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause

(is), on his ceasing to be qualified to be a member;

(c)

upon being disqualified under Clause (5); or

(d)

if the Legislative Assembly at any time so resolves.

(2a)

The Legislative Assembly may from time to time choose one of its members to be Deputy Speaker.

(28)

A Deputy Speaker may at any time resign his office and shall vacate his office

—

(a)

on his ceasing to be a member of the Legislative Assembly;

(b)

if the Legislative Assembly et any time so resolves.

(3)

During any absence of the Speaker from a sitting of the

Legislative Assembly, the Deputy Speaker or, if the Deputy Speaker is absent or if ihe post of the Deputy Speaker is vacant, such other member as mzy be determined by the rules of procedure of the Assembly shall act as Speaker.

(4)

The Legislature shall by law provide for the remuneration of the Speaker and the Deputy Speaker and the remuneration so provided shall be charged on the Consolidated Fund.

Oath by members

Article

25.

(1)

Every member of the Legislative Assembly shall before taking his seat take and subscribe before the person presiding in the Assembly an oath in the form set out in the Sixth Schedule, and to which oath shall be added such words as will, according to his religious beliefs, bind the conscience of the person taking the oath.

(2)

A member may before taking the oath take part in the election of the Speaker.

Laws of ihe State of Johore

(3)

If a member has not taken his seat within six months from the date on which the Legislative Assembly first sits after his election or such further time as the Assembly may allow, his seat shall become vacant.

Address by Ruler

Article 26

The Ruler may address the Legislative Assembly and may send messages thereto.

Procedure of Legislative Assembly 8

y 27.

(1)

Subject to the provisions of the Federal Constitution and this Constitution the Legislative Assembly shall regulate its own procedure and may from time to time make, amend and revoke

Standing Rules and Orders for the regulation and orderly conduct of its own proceedings and the conduct of business.

(2)

The Legislative Assembly may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled thereto shall not invalidate any proceedings.

(3)

Subject to Clause (4) and to Clause (1) of Article 89 of the

Federal Constitution and to Clause (7) of Article 5 of the Third

Part, the Assembly shall, if not unanimous, take its decision by a simple majority of members voting; and the person presiding shall cast his vote whenever necessary to avoid an equality of votes, but shall not vote in any other case.

(4)

In regulating its procedure the Assembly may provide, as respects any decision relating to its proceedings, that it shall not be made except by a specified majority or by a specified number of votes.

(5)

Members absent from the Assembly shall not be allowed to vote.

Privileges, efc., of the Legislative Assembly 27a.

The Legislative Assembly shall have the rights, privileges and powers prescribed in the Eighth Schedule.

The Law of the Constitution of 1895

WN on numeration af members 42

Article 28

The

Legislaiure shail by law make provision for the remuneration of the members of the Legislative Assembly.

Article 2

Every Bill, other than a Private Bill, shall, save in case of urgency to be certified in writing by the Speaker, be published for general information in the Gazette at least fourteer days prior to its introduction into the Legislative Assembly.

ivate

Article 30

Excepi as Otherwise therein provided, a law made under this

Constii or benefit s some par rlicullar p person, asso shall noi affect the rights of the Ruler and

His Successors or the rights of any body politic or corporate, or of any other person.

Exercise of legislative power 31.

(1)

The power of the Legislature to make laws shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler.

(2)

Bill or amendment involving expenditure from the

Consolidated Fund of the State may be introduced or moved in the Legislative Assembly except by a member of the State

Executive Council.

(3)

The Ruler shall signify His assent to a Bill by causing the

State Seal to be affixed thereto, and after assenting to a Bill He shall cause it to be published as a law.

(4)

A Bill shall become law on being assented to by the Ruler, but no law shall come into force until it has been published, without prejudice, however, to the power of Legislature to postpone the operation of any law or to make laws with retrospective effect.

Laws of the State of Johore

Words of enactment 32.

All laws passed by the Legislature shall be styled “Enactments”

and the words of enactment shall be “enacted by the Legislature of the State of Johore”.

Use of English language in the Legislative Assembly and legislation 33.

Subject to the provisions of Article 152 of the Federal

Constitution, for a period of ten years after Merdeka Day, and thereafter until the Legislative Assembly otherwise provides, the authoritative texts

—

(a)

of all Bills to be introduced or amendments thereto to be moved in the Legislative Assembly; and

(&) of all Enactments and all subsidiary legislation issued by the Government of the State, shall be in the English language.

Quorum 34.

No business except that of adjournment shall be transacted by the Legislative Assembly if objection is taken by any member present that there are less than one quarter of the members present besides the Speaker or other member presiding.

Minutes 35.

Minutes shall be kept of all the proceedings of the Legislative

Assembly.

FINANCE

No taxation unless authorized by law 36.

No tax or rate shall be levied by or for the purposes of the

State except by or under the authority of law.

The Law of the Constitution of 1895 57

Expenditure charged on Consolidated Fund 37.

(1)

There shall be charged on the Consolidated Fund of the

State, in addition to any grant, remuneration or other moneys so charged by any other provision of this Constitution or by State law—

(a)

the Civil List of the Ruler;

(5)

all debts charges for which the State is liable; and

(c)

any moneys required to satisfy any judgment, decision or award against the State by any court or tribunal.

(2)

For the purposes of this provision debt charges include interest, sinking fund charges, repayment or amortization of debt and all expenditure in connection with the raising of loans on the security of the Consolidated Fund and the service and redemption of debt created thereby.

Annual financial statement 38.

(1)

Subject to Clause (3), the Ruler shall, in respect of every financial year, cause to be laid before the Legislative Assembly a statement of the estimated receipts and expenditure of the State for that year, and, unless the State Legislature in respect of any year otherwise provides, that statement shall be so laid before the commencement of that year:

Provided that there may be separate statements of estimated receipts and estimated expenditure, and in that case it shall not be necessary for the statement of receipts to be so laid before the commencement of the year to which it relates.

(2)

The estimates of expenditure shall show separately

—

(a)

the total sums required to meet expenditure charged on the Consolidated Fund; and

(b)

subject to Clause (3), the sums respectively required to meet the heads of other expenditure proposed to be met from the Consolidated Fund.

Laws of the State of Johore

(3)

The estimated receipts to be shown in the said statement do not include any sums received by way of Zakat, Fitrah and

Baitulmal or similar Islamic religious revenue; and the sums to be shown under paragraph (b) of Clause (2) do not include—

(a)

sums representing the proceeds of any loan raised by the

State for specified purposes and appropriated for those purposes by the law authorizing the raising of the loan;

(b)

sums representing any money or interest on money received by the State subject to a trust and to be applied in accordance with the terms of the trust;

(c)

sums representing any money held by the State “which has been received or appropriated for the purpose of any trust fund established by or in accordance with federal or State law.

(4)

The said statement shall also show, so far as is practicable, the assets and liabilities of the State at the end of the last completed financial year, the manner in which those assets are invested or held, and the general heads in respect of which those liabilities are outstanding.

Supply Bills 39,

The heads of expenditure to be met from the Consolidated

Fund of the State but not charged thereon, other than the sums mentioned in paragraphs (a), (b) and (c) of Clause (3) of Article 38 shall be included in a Bill, to be known as a Supply Bill, providing for the issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified therein.

Supplementary and excess expenditure 40.

If in respect of any financial year it is found—

(a)

that the amount appropriated by the Supply Enactment for that purpose is insufficient, or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by the Supply Enactment; or

The Law of the Constitution of 1895 59

()

that any moneys have been expended for in excess of ny purpose he amount (if any) appropriated for that purpose by ine Supply Enactmeni, plementary estimate showing the sums requirec or spent snail be iaid before ihe Legislative Assembly and the heads of any such expenditure shali be included in 2 Supply

Bil!

41,

(i)

Subject to the following provisions of this Article, no moneys shall be withdrawn from ihe Consolidated Fund unless they are—

(a)

charged on the Consolidated Fund; or

(b)

authorized to be issued by a Supply Enactment.

(2)

No money shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.

(3)

Ciause (1) does not apply to any such sums as are mentioned in paragraphs (a), (b) and (c) of Clause (3) of Article 38.

(4)

The State Legislature may in respect of any financial year authorize before the passing of the Supply Enactment, expenditure for part of the year and the issue from the Consolidated Fund of any moneys required to meet that expenditure.

THIRD Part

GENERAL PROVISIONS

Reservation of quotas in respect of services, permits, e¢c., for

Malays 1.

(1)

It shall be the responsibility of the Ruler to safeguard the special position of the Malays and the legitimate interests of other communities in accordance with the provisions of this Article.

Laws of the State of Johore

(2)

The Ruler shall, subject to the provisions of Article 7 of the

Second Part and of this Article, exercise His functions under the

Second Part and State law in such manner as may be necessary to safeguard the special position of the Malays and to ensure the reservation for Malays of such proportion as He may deem reasonable of positions in the public service of the State and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the State

Government and, when any permit or licence for the operation of trade or business is required by State law, then, subject to the provisions of that law and this Article, of such permits and licences.

(3)

The Ruler may, in order to ensure in accordance with

Clause (2) of this Article the reservation to Malays of positions in the public service and of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to any

Public Service Commission whose jurisdiction extends to persons in the public service of the State or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities and the

Commission or authority shali duly comply with the directions.

(4)

In exercising His functions under the Second Part and State law in accordance with Clauses (1), (2) and (3) of this Article the

Ruler shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

(5)

This Article does not derogate from the provisions of Article 2 of this Part.

(6)

Where by existing State law a permit or licence is required for the operation of any trade or business the Ruler may exercise

His functions under that law in such manner, or give such general directions to any authority charged under that law with the grant of such permits or licences, as may be required to ensure the reservation of such proportion of such licences or permits for

Malays as the Ruler may deem reasonable; and the authority shall duly comply with the directions.

The Law of the Constitution of 1895 61

(7)

Nothing in this Article shall operate to deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorize a

‘refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of a person any permit or licence when the renewal or grant might reasonably be expected in the ordinary course of events.

(8)

Notwithstanding anything in the Second Part, where by any

State law any permit or licence is required for the operation of any trade or business, that law may provide for the reservation of proportion of such permits or licences for Malays; but no such law shall for the purpose of ensuring such a reservation—

(a)

deprive or authorize the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him; or

(b)

authorize a refusal to renew to any person any such permit or licence or a refusal to grant to the heirs, successors or assigns of any person any permit or licence when the renewal or grant might in accordance with the other provisions of the law reasonably be expected in the ordinary course of events, or prevent any person from transferring together with his business any transferable licence to operate that business; or

(c)

where no permit or licence was previously required for the operation of the trade or business, authorize a refusal to grant a permit or licence to any person for the operation of any trade or business which immediately before the coming into force of the law he had been bona fide carrying on, or authorize a refusal subsequently to renew to any such person any permit or licence, or a refusal to grant to the heirs, successors or assigns of any such person any such permit or licence when the renewal or grant might in accordance with the other provisions of that law reasonably be expected in the ordinary course of events.

(9)

Nothing in this Article shall empower the. Legislature to restrict business or trade solely for the purpose of reservations for Malays.

Laws of the State of Johore

Impartial treatment of State employees 2.

All persons of whatever race in the same grade in the service of the State shall, subject to the terms and conditions of their employment, be treated impartially.

The State Seal 3.

(1)

The Ruler shall keep and use the

Public

Seal of the

State.

(2)

The State Seal shall bear the inscription “State of Johore

Public Seal”, and the words “Mohor Kerajaan Negeri Johore”.

The State Motto, flags and emblems 4,

The

State Motto, namely “Kepada Allah Berserah”

to be called in English “Unto God Resigned”, the emblem or arms of the State and the Flag of the State shall continue to be used as heretofore.

Amendment of the Constitution 5.

(1)

The following provisions of this Article shall have effect with respect to the amendment of this Constitution.

(2)

The provisions of the First Part, other than Articles 3 (in so far as it relates to the powers conferred upon the Supporters of the Country), 5, 10, 11a, 11, llc, 11r, 12(1), 18, 22, 23, 25,

26 and 26a, may be amended by the Ruler by Proclamation but may not be amended by the State Legislature or by any other means.

(3)

The provisions of Articles 3 (in so far as it relates to the powers conferred upon the Supporters of the Country) and 5 of the First Part may be amended by the Ruler by Proclamation issued with the advice and concurrence of the Supporters of the

Country, but may not be amended by the State Legislature or by any other means.

The Law of the Constitution of 1895 63

(4)

The provisions of Articles 10,

11a,

112p, lic,

1ir,

12(1),

18 and 23

of the First Part may be amended by the Ruler by

Proclamation issued with the advice and concurrence of the

Counci!

of the Royal Court, but may not be amended by the

State Legislature or by any other means.

(5)

The provisions of Articles 22, 25, 26 and 26a of the First

Part may, subject to Clause

(7)

, be amended by an Bnactment passed by the State Legislature and assented to by the Ruler, but may not be amended by any other means.

(6)

The provisions of any of the Articles of the Second Part and of Articles 1

to 4 and 6 to 10 inclusive of the Third Part may, subject to Clause (7), be amended by an Enactment of the

State Legislature but may not be amended by any other means.

(7)

A Bill for making an amendment to this Constitution (other than an amendment excepted from the provision of this Clause)

shali not be passed by the Legislative Assembly unless it has been supported on Second and Third Readings by the votes of not less than two-thirds of the total number of members thereof.

(8)

The following amendment is excepted from the provisions of Clause (7), that is to say, any amendment consequential on such a law as is mentioned in Article 15 of the Second Part.

(9)

In this

Article “amendment”

includes addition and repeal.

Application of Clause (2) of Article 160 of the Federal Constitution and the provisions of the Interpretation and General Clauses

Ordinance 1948, to the State Constitution 6.

(1)

Subject to the provisions of Article 1

of the

First and

Second Part, Clause (2) of Article 160 of the Federal Constitution shall apply for the interpretation of this Constitution as it applies for the interpretation of the Federal Constitution.

(2)

Except where the interpretation of any word or expression is expressly provided by this Constitution or the Federal Constitution or where the context otherwise requires, the *Interpretation and

*NOTE—This Ordinance has been consolidated and revised vide Interpretation Acts 1948 and 1967 [Act 388] w.e.f. 19 October 1989.

Laws of the State of Johore

General Clauses Ordinance 1948 (M.U.

7 of 19481, or any Act of

Parliament substituted therefore, shall apply for the interpretation of this Constitution as it applies for the interpretation of any written law.

(3)

Unless the context otherwise requires, any reference in this

Constitution to a specified Article, Part or Schedule is a reference to that Article or Part of, or to that Schedule to this Constitution;

and any reference to a specified clause is a reference to that clause of the Article in which the reference occurs.

Interpretation of the Constitution by the Federal Court 7.

(1)

Without prejudice to any appellate or revisional jurisdiction of the Federal Court, where in any proceedings before another court a question arises as to the effect of any provision of the

State Constitution the Federal Court may, on the application of either party to the proceedings, determine that question and either dispose of the case or remit it to the other court to be disposed of in accordance with the determination.

(2)

The Ruler may refer to the Federal Court for its opinion any question as to the effect of any provision of the State Constitution which has arisen or appears to Him to be likely to arise, and the

Federal Court shall pronounce in open court its opinion on any question so referred to it.

Prerogatives of the Ruler reserved 8.

Except as expressed herein, this Constitution shall not affect the prerogatives, powers and jurisdiction of the Ruler.

Temporary provision as to composition of the State Executive

Council 9.

After the dissolution of the last Council of State the State

Executive Council shall consist of the Menteri Besar and all those persons who were members of the State Executive Council immediately before the dissolution but no such person shall continue to hold office after the date of the summoning of the first Legislative Assembly constituted under this Constitution unless he is a member of that Legislative Assembly.

The Law of ihe Constitution of 1895 65

Copies and translations 10.

(1)

The Legislative Assembly may from time io time oy resolution authorize the Commissioner of Law Revision to print copies of this Constitution or of the English iran n thereof, including ali additions, omissions, substitutions and amendments in force at the date of such authorization, and any such copy so

- printed shall be deemed for all purposes whatsoever to be a true and correct copy.

(2)

Any such copy of the English translation of this Constitution shali be deemed for all purposes whatsoever to be a true and correct translation thereof.

Kiest Scazpue

{Article 8 of the First Part]

The Oath for a Ruler

WALLAHI] WABILLAHI WATALLAHI

OR my accession as ig 2

eirliory of Johore and all its

Dependencies, do swear that 1 will rule the people of Johore wisely, justly, sympathetically and irapartially and

I do swear that I will protect and respect the religion of Islam and the Malay custom and abide strongiy by the Laws of the Constitution of Johore as well as other laws of the State. So help me

Ged.

Seconp ScHenuLe

{Article ils of the First Part]

The Oath for a Regent

WALLAHI WABILLAHI WATALLAHI

Terenure ea

» on my assumption of the office of Regent for the State and Territory of Johore and all its Dependencies, do swear that I will rule the people of Johore wisely, justly, sympathetically and impartially and

I do swear that I will protect and respect the religion of

Islam and the Malay custom and abide strongly by the Laws of the Constitution of Johore as well as other laws of the State. So help me God.

Laws of the State of Johore

Tamp Screpurt

{Article lle of the First Part]

The Oath for a Counsellor of Regency

WALLAHI WABILLAHI WATALLAHI benam

ARA

Na , being chosen as a Member of the Council of Regency for the State and Territory of Johore and al!

its

Dependencies, do swear that 1 will traly, justly and sympathetically serve the people of Johore and 1 do swear that I will protect and respect the religion of

Islam and the Malay custom and abide strongly by the Laws of the Constitution of Johore as well as all other laws of the Siate. So help me God.

Rourra ScuEputs

{Article 31 of the First Pari]

The Oath for a Counsellor of Royal Court

WALLAHI WABILLAHI WATALLAHI

, having received the Royal

Command appointing me to the Council of the Royal Court do hereby declare on oath that I am a Malay, a subject of His Highness and a Muslim, and

I do swear that

I will be faithful and bear true allegiance to His Highness the Sultan of Johore and His Successors and that I will well and truly serve in the office of Counsellor of the said Council of the Royal Court. So help me God.

Witnesses:

Article 1

Fiera Scaeputs

{Article 5 of the Second Part}

Oath of Member of the State Executive Council

, being chosen and admitted ij

‘ate

Executive Council of the State of

Johore do solemnly swear (or affirm) that I will to the best of my judgment at all times when thereto required freely give my counsel and advice to His

Highness the Sultan for the good management of the public affairs of the State;

that I will not directly or indirectly communicate or reveal to any person any matter which shall be brought under my consideration or shall become known to me as a member of the State Executive Council except as may be required for the due discharge of my duties as such or as may be specially permitted by His Highness the Sultan. So help me God.

The Law of the Constitution o ta acta

Scampulg

(Article 25 of the Secoad Pari]

Oaih of Member of the Legislative Asseibly

Irene nenen ea esen , waving bsea elecicd as a reember of the Dewan Negeri or Legislative Assembiy of the State cf Johore do solemniy swear (or affirm) thet

I will well and wuly serve in the office of Members of the said Dewan Negeri cr Legislative Assembly and that

I will preserve, proiect and defend the Constitution of the State of Johore. So help me Ged.

Ssvenre Scarpunz

{Article 6(4) of the Second Pari]

Oath of Secrecy

sees

.-., do solemaly swear (or affirm)

that li not dizectly or indirectly communicate or reveal to any person any matter which shail be brought under my consideration or shall become known to me in the course of my attending the State Executive Council except as may be requixed for the due discharge of my duties as such officer or as may be specially permitted by the State Executive Council.

Hicuta Scaspuis

{Article 274 of the Second Part}

Privileges and Powers of the Legislative Assembly interpretation 1.

In this Schedule—

“Assembly” means the Legislative Assembly of the State;

“journals” means the minutes of the Assembly or the official records of the proceedings thereof;

“Member” means a Member of the Assembly;

“officer of the Assembly” and “officer” means the Clerk of the Assembly and any person declared by the Speaker to be an officer of the Assembly;

“Standing Orders” means the Standing Rules and Orders of the Assembly for the time being in force.

Laws of the State of Johore

Freedom of speech and debate 2.

here shall be freedom of speech and debate or proceedings in the Assembly and such freedom of speech and debate or proceedings shall not be liable to be impeached or questioned in any court or tribunal out of the Assembly.

inomunity of Members from civil or crimimai proceedings for anyth!

dome or said before the Assembly 3.

No Member shail be liable to any civil and criminal proceedings, arrest, imprisonment, or damages by reason of any matter or thing which he may have brought by petition, bill, resolution, motion, or otherwise, or have said before the Assembly or any committee.

Power of Assembly to order attendamce of witmesses and production of documents 4.

The Assembly, and any committee which is duly authorized by an order of the Assembly to send for persons, documents, or papers, may, subject to the provisions of paragraphs 7 and 8 of this Schedule, order any person to attend before the Assembly or before such committee to give evidence or to produce any paper, book, record or document in the possession or under the control of such person.

Summens to attend 5.

Any order to attend to give evidence or to produce documents before the

Assembly or before any committee shall be notified to the person required to aitend or to produce documents by a summons under the hand of the Clerk of the Assembly issued by direction of the Speaker. In every such summons there shall be stated the time when, and the place where, the person summoned is required to attend and the particular documents which he is required to produce. The summons shall be served on the person mentioned therein either by delivering to him a copy thereof or by leaving a copy thereof at his usual or last known place of abode in the State with some adult person. There shall be paid or tendered to the person so summoned, if he does not reside within six miles of the Assembly Chamber, such sum for his expenses as may be prescribed by any Standing Order in that behalf.

Examination of witnesses upon cath 6.

The Assembly or any committee may require that any facts, matters and things relating to the subject of enquiry before the Assembly or committee be verified or otherwise ascertained by the oral examination of witnesses and may cause any such witness to be examined upon oath which the Speaker, or the chairman of the committee or person specially appointed by the Speaker or chairman for that purpose may administer.

que

HS OF prec f any person ordered to aticnd to give evidence or io

€ any paper, book, record or document before the Assembly or any comumities refuses to answer any question that may be put to him or to preduce any such paper, book, record cr decument or the ground that the sarze is of 2 private nature and dees noi affect the subject of enquiry, the Speaker cr the chairman of the committee, as the cuse may bx, may report to the Assembly such refusal the regson therefore and the Assembly may thereupon either excuse the enaswering Of such question or the production of such papar, book, record or dccument or may order the answering or production thereof.

Privileges of witn

Article

(1)

Every person ordered to attend to give evidence or to produce any paper, book, record or decument before the Assembly or any committee shail be entitled, in respect of such evidence or the disclosure of any communication or the production of any such paper, book, record or document, to the same right or privilege as before a court of law.

(2)

No public officer shall—

(a)

produce before the Assembly ox any commitiee any such paper, book, record or document; or

(b)

give before the Assembly or any committee evidence on any such matter, as relates to the correspondence of any navai, military, air force or Federal

Goverament department or io aay matter affecting the public service of the

Federation, except with the consent of the Yang di-Pertuan Agong or of the

Menteri Besar in the case of a department of the State Goverament or the public service of the State, nor shall secondary evidence be received by or produced before the Assembly or any committee of the contents of any such paper, book, record or document.

Certificate that a witness has answered questions put to him 9.

Every witness before the Assembly or a commitice who shall answer fully and faithfully any questions put to him by the Assembly or such committee to its satisfaction shall be entitled to receive a certificate under the hand of the

Speaker or the chairman of the committee, stating that such witness was upon his examination so required to answer and did answer any such questions.

Prohibition to give evidence ontside the Assembly of any evidence before the Assembly without the leave of the Assembly 10.

No Member or officer of the Assembly and no shorthand writer employed to take minutes of evidence before the Assembly or any committee shall give evidence elsewhere in respect of the contents of such evidence or of the contents ter document iaid before the Assembly or any commities or y proceedings or examination had before the Assembly or any committee without the special leave of the Assembly first had and obtained.

Such special leave may be given after a dissolution or during 2 recess or adjournment by the Speaker or, in the event of his absence or incapacity, by the Clerk of the Assembly.

Journals of the Assembly admizsible as a

13,

Upon any enquiry touching the privileges, immunities and powers of the

Assembly or of any Member, any copy of the journals printed or purporting to be printed by the Government Printer or by or under the authority of the

Assembly shall be admitted as evidence of such journals in ali courts and places without any proof being given that such copy was so printed.

Certificate of Speaker a defence in proceedings instituted in respect of publications of the Assembly 12.

Any person being a defendant in any civil or criminal proceedings instituted for or on accovat or ia respect of the publication by such pezson or by his servant by order or under the authority of the Assembly or any committee, of any reports, papers, minutes, votes, or proceedings, may, after giving to the plaintiff or prosecutor, as the case may be, twenty-four hours written notice of his intention so to do, bring before the court in which such civil or criminal proceedings are being held a certificate under the hand of the Speaker or Clerk of the Assembly stating that the reports, papers, minutes, votes or proceedings in respect whereof such civil or criminal proceedings have been instituted were published by such person or by his servants by order or under the authority of the Assembly or any committee, together with an affidavit verifying such certificate, and such court shail thereupon immediately stay such civil or criminal proceedings and the same and every process issued therein shall be deemed to be finally determined.

Privileged publications 13.

If, in any civil or criminal proceedings instituted for publishing any extract from or abstract of any such report, paper, minutes, votes or proceedings, as in the preceding paragraph mentioned, the court is satisfied that such extract or abstract was published bona fide and without malice, judgment shall be entered for the defendant or accused.

Article 14

For the purpose of this Schedule, the person who fills the office of

Speaker at the time of prorogation or dissolution of the Assembly shall be deemed to be the Speaker until the Assembly is again summoned or until another person has been appointed to be a Speaker.

The Law of the Constitution of 1895 71

Confirmation

So be it. Such are the Laws and Regulations o of the State of Johore.

Invocation

May GOD, to whom be praise and whose same be exalted, the King of Kings, vouchsafe His grace, ana may the Prophet

Muhammad

(on whom be the benediction and peace of GOD)

grant His blessing to all these Laws and Regulations of the

Constitution of the State of Johore, for ever and ever. Amen! G

Lord of the Universe!

Done at Our Istana at Johore Bahru, this Eighteenth day of the month of Syawel, the Hijrah of the Prophet (on whom be the benediction and peace of GOD) One thousand three hundred and twelve,

(the year 1312), corresponding ic the 14th day of

April, One thousand eight hundred and ninety-five (1895) of the

Christian era, being the thirty-fourth year of Our reign.

IN WITNESS of the passing and confirmation of this Constitution of the

State and of the concurrence and assent of the Council of Staic, given in a devoted, faithful, loyal and proper manner, all the Members of the Council of State present have hereunder affixed their respective signatures

—

MOHAMED KHALID BIN IBRAHIM

Ungku and Dato Karabat

IBRAHIM

Tunku Mahkota and Dato Karabat

UNGKU SULEIMAN

Ungku and Dato Karabat

JAAFAR BIN HAJI MOHAMED

Dato Menteri of Johore

HAJI MOHAMED SALLEH

Dato and Hakim

SYED SALIM BIN AHMAD AL-ATTAS

Dato and Mufti

Laws of the State of Johore

MOHAMED IBRAHIM BIN HAJI ABDULLAH

MUNSHI

Dato Bintara Dalam

MCHAMED SALLEH BIN PRANG

Dato Bintora Luar

JAAFAR BIN NONG YAHYA

Dato Penggawa Timor

ABDUL SAMAD BIN IBRAHIM

Dato Penggawa Barat

MOHAMED YAHYA BIN AWAL-ED-DEEN

Dato

HAS ABDUL RAHMAN

Dato and Khedi

ABDULLAH BIN TAHIR

Dato Sri Stia Raja

YAHYA BIN SHAABAN

Dato

ANDAK

Dato

MOHAMED BIN MAHBOB

Dato

ABDUL RAHMAN BIN ANDAK

Dato Sri Amar d'Raja

DECLARATION OF CONFIRMATION OF CONSTITUTION BY HIS

HIGHNESS SIR IBRAHIM

In the name of the Almighty God, We truly declare that this Constitution of the State shall have effect upon Us and Our Government:

IBRAHIM

(STATE SEAL)

Witnessed by:

JAAFAR BIN HAJI MOHAMED

ISTANA BESAR

24th day of Rabiulawal 1313

Corresponding to 14th September 1895

Amending law

J.G.N. No. 2/1948

J.G.N No. (N.S.)

43A/1957

En. No. 15/1959

En. No. 14/1960

J.G.N. No. 811/1961

En. No. 10/1964

En. No. 11/1964

En. No. 7/1966

En. No. 6/1967

J.G.N. No. 1001/1967

En. No. 4/1969

J.G.N. No. 510/1975

En. No. 10/1978

LIST OF AMENDMENTS

Short title

The Johore Constitution Supplement 1367

The Johore Constitution Supplement 1377

Laws of the Constitution of 1895 and the Supplements (Amendment and

Consolidation) Supplement 1959

Law of the Constitution of 1895

(Amendment) Enactment 1959

Law of the Constitution of 1895

(Amendment) Enactment 1960

Proclamation

Law of the Constitution of 1895

(Amendment) Enactment 1964

Law of the Constitution of 1895

(Amendment)

(No.

2) Enactment 1964

Law of the Constitution of 1895

(Amendment) Enactment 1966

Law of the Constitution of 1895

(Amendment) Enactment 1967

Corrigendum

Laws of the Constitution of Johore

(Amendment) Enactment 1969

Proclamation

Law of the Constitution of 1895

(Amendment) Enactment 1978

In force from 01-02-1948 30-08-1957 20-04-1959 15-11-1959 15-11-1960 29-07-1961 12-11-1964 12-11-1964 15-12-1966 01-04-1967 01-04-1967 18-11-1968 09-05-1975 25-07-1978

Amending law

En. No. 6/1983

En. No. 4/1990

En. No. 7/1992

En. No. 7/1999

En. No. 3/2003

En. No. 3/2007

Laws of the State of Johore

Short title

Law of the Constitution of 1895

(Amendment) Enactment 1983

Laws of the Constitution of Johore

(Second Part) (Amendment) Enactment 1990

Laws of the Constitution of 1895

(Amendment) Enactment 1992

Laws of the Constitution of 1895

(Ameadment) Enactment 1999

Laws of the Constitution of 1895

(Amendment) Enactment 2003

Laws of the Constitution of 1895

(Amendment) 2007

In force from 23-12-1983 23-11-1990 11-06-1993 24-42-1999 07-11-2003 01-04-2007

Article

Preamble

Heading 9 10 11

lla 118

LIST OF ARTICLES AMENDED

First Part

Amending authority

En. No. 7/1999

JGN

(N.S.) 43A/1957 301/1959 811/1961 510/1975 301/1959 811/1961 3901/1959 811/1961 811/1961 3510/1975 301/1959 301/1959 811/1961 811/1961 301/1959 811/1961 811/1961 301/1959 811/1961 301/1959 811/1961 301/1959 811/1961 301/1959 811/1961 301/1959 811/1961

in force from 24-12-1999 30-08-1957 20-04-1959 29-07-1961 09-05-1975 20-04-1959 29-07-1961 20-04-1959 29-07-1961 29-07-1961 09-05-1975 20-04-1959 20-04-1959 29-07-1961 29-07-1961 20-04-1959 29-07-1961 29-07-1961 20-04-1959 29-07-1961 20-04-1959 29-07-1961 20-04-1959 29-07-1961 20-04-1959 29-07-1961 20-04-1959 29-07-1961

Article lic lip lle llr lle 12 15 16 18 20 22 23 24 25 26 26a

Heading 27A

278 27c 27D

278 28 29 30 31 32

Laws of the State of Johore

Amending authority

JON.

301/1959 811/1961 301/1959 301/1959 301/1959 301/1959

(N.S.) 43A/1957 301/1959 301/1959 301/1959 301/1959 301/1959 301/1959 301/1959

En. No. 4/1969

En. No. 15/1959

J.G.N. No. (N.S.) 43A/1957

En. No. 10/1964

JGN,

301/1959 510/1975 510/1975 510/1975 510/1975 510/1975 301/1959 510/1975 301/1959 301/1959 301/1959 301/1959

In force from 20-04-1959 29-07-1961 20-04-1959 20-04-1959 20-04-1959 20-04-1959 30-08-1957 20-04-1959 20-04-1959 20-04-1959 20-04-1959 20-04-1959 20-04-1959 20-04-1959 18-11-1968 20-04-1959 20-04-1959 20-04-1959 15-11-1959 30-08-1957 12-11-1964 20-04-1959 09-05-1975 09-05-1975 09-05-1975 09-05-1975 09-05-1975 20-04-1959 09-05-1975 20-04-1959 20-04-1959 20-04-1959 20-04-1959

Article 33 34

STA

S73 59 61

The Law of the Constitution of 1895 77

Amending authority

In force from

J.G.N. No, 301/1959 20-04-1959

I.G.N. No. 301/1959 20-04-1959

J.G.M. No. 301/1959 20-34-1959

JG.N. No, 3014/1959 20-04-1959

J.G.N. No. (N.S.) 43A/1957 30-08-1957

Laws of the State of Johore

Article

Amending authority

In force from

Throughout the Part

Second Part 4

En. No. 14/1960 15-11-1960

En. No. 7/1999 24-12-1999 6A

En. No. 6/1967 01-04-1967

En. No. 10/1978 25-07-1978 15

En. No. 6/1983 23-12-1983

En. No. 7/1992 11-06-1993

En. No. 3/2003 07-11-2003 17

En. No. 14/1960 15-11-1960

En. No. 6/1983 23-12-1983

En. No. 4/1990 23-11-1990 22

En. No. 6/1983 23-12-1983 23

En. No. 4/1969 18-11-1968 24

En. No. 7/1999 24-12-1999 25

En. No. 6/1983 23-12-1983 38

En. No. 11/1964 12-11-1964

En. No. 7/1966 15-12-1966 39

En. No. 7/1966 15-12-1966 41

En. No. 7/1966 15-12-1966

Throughout

En. No. 7/1999 24-12-1999

the Part 23(5)

En. No. A8/2009 14-12-2009

Tuird Part 10

En. No. 3/2007 01-04-2007

Common questions

What is Johor State Constitution?: Johor State Constitution is Malaysia State Constitution, cited as State Constitution n/a, currently marked in force.
Is Johor State Constitution still in force?: Yes — Johor State Constitution is currently in force.
How many articles does Johor State Constitution have?: Johor State Constitution contains 45 articles.
Where can I read the official version of Johor State Constitution?: The official text of Johor State Constitution is published at govdocs.sinarproject.org.