Negeri Sembilan State Constitution

THE LAWS OF THE CONSTITUTION OF NEGERI SEMBILAN, 1959

In the name of GOD, the Compassionate, the Merciful, PRAISE be to GOD, the Lord of the Universe, and may the benediction and peace of GOD be upon Our Leader Muhammad and upon all His Relations and Friends.

BY THE GRACE OF GOD 

TUANKU ABDUL RAHMAN IBNI ALMARHUM TUANKU MUHAMMAD, 

of the State of Negeri Sembilan and all its Dependencies 

Yang di-Pertuan Besar and Ruler, 

Dato’ Klana Petra MOHAMMAD KASSIM bin DATO’ Nika Haji Abdul Rashid, 

Undang of the Luak of Sungai Ujong, 

Dato’ Mendika Menteri Akhirzaman SHAHMARUDDIN bin Abdul Rahman, 

Undang of the Luak of Jelebu, 

Dato’ Johan Pahlawan Lela Perkasa Setiawan ABDUL MANAP bin Tolok, 

Undang of the Luak of Johol, 

Dato’ Lela Maharaja HAJI IPAP bin Abdullah, 

Undang of the Luak of Rembau, and 

Tengku SYED IDRUS bin Tengku Syed Mohammad, 

Tengku Besar of Tampin.

WHEREAS WE, on the Fifth day of August, nineteen hundred and fifty-seven, corresponding to the Ninth day of Muharam, thirteen hundred and seventy-seven, have undertaken in the FEDERATION OF MALAYA AGREEMENT, 1957 (hereinafter referred to as the “Agreement”) which We and other Malay Rulers of the former Malay States in the Federation have made with HER MAJESTY, that as from the Thirty-first day of August, nineteen hundred and fifty-seven the former Malay States of Johore, Pahang, Negeri Sembilan, Selangor, Kedah, Perlis, Kelantan, Trengganu and Perak and the former Settlements of Penang and Malacca shall be formed into a new Federation of States by the name of PERSEKUTUAN TANAH MELAYU (in English the FEDERATION OF MALAYA) under the FEDERAL CONSTITUTION set out in the First Schedule to the said Agreement; and that thereupon the former Settlements of Penang and Malacea should cease to form part of HER MAJESTY'S Dominion and HER MAJESTY should cease to exercise any Sovereignty over them and all power and jurisdiction of HER MAJESTY or of the Parliament of the United Kingdom in or in respect of the said Settlements or of the said Malay States or the Federation as a whole should come to an end; and that, subject to the provisions of the said FEDERAL CONSTITUTION and the Fourth Schedule to the said Agreement, the FEDERATION OF MALAYA AGREEMENT, 1948. and all other Agreements subsisting between HER MAJESTY and THEIR HIGHNESSES the Rulers or any of them immediately before the said Thirty-first day of August should be revoked as from that day; and the provisions of the said Agreement were conditional upon the approval of the said FEDERAL CONSTITUTION by a Federal Ordinance and by an Enaectment of each of the Malay States:

AND WHEREAS the FEDERAL CONSTITUTION which is set out in the First Schedule to the FEDERATION OF MALAYA AGREEMENT, 1957, as aforesaid has been approved by an Ordinance of the Federal Legislature and by an Enactment of the Council of State of Negeri Sembilan:

AND WHEREAS it is OUR desire that fresh Constitutional arrangements be made for the peace, order, good Government and well being of OUR State Negeri Sembilan:

AND WHEREAS WE, in consequence thereof, deem it necessary and expedient to affect amendment to the Laws of the Constitution of Negeri Sembilan, as amended from time to time, in order to bring them into accord with the provisions of the FEDERAL CONSTITUTION:

Now THEREFORE WE, by the rights and powers of OUR Prerogatives as Yang di-Pertuan Besar and Ruler of the State of Negeri Sembilan and as Undangs of the Luaks of Sungai Ujong, Jelebu, Johol and Rembau and as Tengku Besar of Tampin, and after consulting the State Executive Council and with the advice and concurrence of the Council of State, signified by a Resolution upon a motion proposed for decision in that Council on the Twenty-sixth day of March, 1959, DO HEREBY DECLARE AND ORDAIN in OUR name, and on OUR behalf and for and on behalf of OUR Successors, as hereinafter follows:

I. This Law shall be cited as THE LAWS OF THE CONSTITUTION OF NEGERI SEMBILAN, 1959, and shall be read subject to the Federal Constitution, and shall be in such Part or Parts as herein provided and shall be deemed to have come into operation upon the date of the dissolution of the last Council of State.

CHAPTER 1 - PRELIMINARY

II. This PART of the Constitution shall be called the FIRST PART of the Laws of the Constitution, Negeri Sembilan, 1959, hereinafter referred to as the FIRST PART.

III. Nothing in this PART shall prejudice the SECOND PART of the Laws of the Constitution, Negeri Sembilan, 1959.

IV. Unless the context otherwise requires the provisions of Article XXXIV of the SECOND PART shall apply for the Interpretation of this PART.

CHAPTER 2 - RELIGION OF THE STATE

V. The Religion of the State shall be Islam as heretofore professed and practised in the State; but all other religions may be practised in peace and harmony by the persons professing them in any part of the State.

VI. (1) There shall be established a Majlis Agama Islam to be called in English “Council of Muslim Religion” to aid and advise His Highness and the Ruling Chiefs in all matters relating to the religion of the State.

(2) In exercising the functions and powers of the Head of Muslim Religion in the State, His Highness shall obtain the concurrence of the Undangs.

CHAPTER 3 - THE YANG DI-PERTUAN BESAR

VII. (1) There shall be a Yang di-Pertuan Besar of the State to exercise the functions and powers of a Ruler in accordance with this Constitution and who shall take precedence over all other persons in the State.

(2) The Yang di-Pertuan Besar shall be such person as shall be elected by the Undangs of the territories of Sungai Ujong, Jelebu, Johol and Rembau in the manner hereinafter provided and in accordance with the custom of the State.

(3) No person shall be elected as Yang di-Pertuan Besar of the State unless He shall be a male of the Malay race, of sound mind and professing the religion of the State, who is a lawfully-begotten descendant in the male line of Raja Radin ibni Raja Lenggang.

(4) Upon the death of a Yang di-Pertuan Besar, leaving male issue him surviving, the Undangs of the terrritories of Sungai Ujong, Jelebu, Johol and Rembau shall forthwith choose a successor from among the said male issue:

Provided that if, in the opinion of the said Undangs, there is no suitable and competent person among the said male issue, then a person shall be chosen from the first of the following classes or failing, in their opinion, any suitable and competent person in that class, then from the second and subsequent classes in the order

stated, that is to say -

Firstly, the brothers of the deceased Yang di-Pertuan Besar;

Secondly, the paternal uncles of the deceased Yang di-Pertuan Besar; 

Thirdly, the grandsons of the deceased Yang di-Pertuan Besar;

Fourthly, the sons of the brothers of the deceased Yang di-Pertuan Besar;

Fifthly, the sons of the paternal uncles of the deceased Yang di-Pertuan Besar.

VIII. His Highness shall not, without the consent of the Undangs, be absent from the State for more that thirty days, except on a State Visit to another country.

IX. (1) His Highness may voluntarily abdicate and relinquish His prerogatives, rights, powers and privileges if He so desires.

(2) The abdication shall be signified by Instrument of Abdication under His Sign Manual, the Royal Seal and the State Seal and such Instrument shall be executed in the presence of and witnessed by the Undangs and the Menteri Besar.

(3) Upon the execution of the Instrument of Abdication His Highness shall be deemed to be no longer Yang di-Pertuan Besar and to have relinquished His prerogatives, rights, powers and privileges.

(4) The Instrument of Abdication shall be published in the Gazette and shall also be made known to the inhabitants of the State with all despatch in such manner as the Undangs may determine.

(5) His Highness who shall have abdicated in accordance with the provisions of this Article shall be granted such monthly allowance for life, not exceeding one quarter of the monthly allowance paid to Him immediately prior to His abdication, which the Legislative Assembly shall by Resolution determine:

Provided the payment of such allowance may be terminated or withheld by Resolution of the Legislative Assembly if His Highness who has abdicated does any act prejudicial to the interest of the State or if He instigates any person to commit any treasonable act against the reigning Yang di-Pertuan Besar or if he conspires with any person or foreign Government to do any act likely to cause injury to the State or its interest.

(6) The allowance payable under Clause (5) of this Article shall be a charge on the Consolidated Fund.

X. (1) If it is considered and determined after full and complete enquiry by the Undangs that His Highness after His appointment as Yang di-Pertuan Besar has developed any great and serious defect derogatory to the qualities of a Yang di-Pertuan Besar such as insanity, blindness, dumbness or has become possessed of any base quality on account of which He would not be permitted by the Hukum Syarak to be Yang di-Pertuan Besar or that His Highness has done any overt act detrimental to the sanctity, honour and dignity of a Yang di-Pertuan Besar or has deliberately disregarded the provisions of this Constitution, the Undangs may call upon Him -

(a) to withdraw from performing His duties for a period to be determined by the Undangs; or

(b) to abdicate and relinquish His prerogatives, rights, powers and privileges.

(2) On being called upon to withdraw from performing his duties as aforesaid, His Highness shall cease to exercise the functions and powers of Ruler of the State for the period so determined and during such period a Regent or a Council of Regency appointed in the manner hereinafter provided shall exercise such functions or powers or on being called upon to abdicate He shall thereupon cease to be Yang di-Pertuan Besar:

Provided that as soon as possible thereafter a proclamation to that effect shall be issued under the hands of the Undangs and the Menteri Besar.

X A. (1) Notwithstanding the provisions of Article X, where the Yang di-Pertuan Besar is charged with an offence under any law in the Special Court established under Part XV of the Federal Constitution, He shall cease to exercise the functions of a Ruler.

(2) Where the Yang di-Pertuan Besar is convicted of an offence in the Special Court and sentenced to imprisonment for more than one day the Yang di-Pertuan Besar shall, whether or not He is called upon by the Undangs to withdraw from performing His duties or to abdicate and relinquish His prerogatives, rights, powers or privileges as Yang di-Pertuan Besar, cease to be the Yang di-Pertuan Besar unless He receives a free pardon; and a proclamation to that effect shall be issued under the hands of the Undangs and the Menteri Besar.

XI. In the event of His Highness ceasing to be a Yang di-Pertuan Besar by virtue of the provisions of Article IX, X (1) (b) or X A (2), it shall be the duty of the Undangs to choose and elect another Yang di-Pertuan Besar.

CHAPTER 4 - REGENCY

XII. (1) Subject to any further provisions which may be made in this or any other Part of the Laws of the Constitution of Negeri Sembilan there shall be a Regency in the State under the following conditions, that is to say,

(a) If His Highness shall have occasion to be absent from the State for more than thirty days; or

(b) If His Highness shall be incapacitated from attending to the affairs of the State; or

(c) If His Highness is elected to the office or exercises the functions of Yang di-Pertuan Agong; or

(d) If His Highness has been called upon to withdraw from performing His duties as Yang di-Pertuan Besar in accordance with Article X (1) (a), or

(e) If His Highness ceases to exercise the functions of a Ruler under Article Xa(1).

(2) Except in the case of appointments under Clauses (3) and (5) of this Article, the Regent or Council of Regency shall be appointed from among the persons mentioned in Clause (4) of Article VII of this Part of the Constitution.

(3) In the case of intended absence of His Highness He shall appoint a Regent or a Council of Regency as to Him seems most expedient.

(4) In the case of incapacitation of His Highness the Undangs shall appoint a Regent or a Council of Regency as to them seem most expedient.

(5) In the event of His Highness being elected to the office of Yang di-Pertuan Agong or of His exercising the functions of the office of the Yang di-Pertuan Agong for a period exceeding fifteen days He shall appoint a Regent or a Council of Regency as to Him seems most expedient to exercise His functions in the State.

(6) In the event of His Highness being called upon to withdraw from performing His duties under Article X (1) (a) the Undangs shall appoint a Regent or a Council of Regency as to them seem most expedient.

(6A) In the event His Highness ceases to exercise the functions of Ruler under Article Xa (1), the Undangs shall appoint a Regent or a Council of Regency as to them seem most expedient.

(7) Such Regent or Council of Regency shall cease to act upon the return of His Highness to the State or upon His recovery from incapacitation or upon His ceasing to hold the office or exercises the functions of Yang di-Pertuan Agong or upon the expiry of the period of withdrawal under Article X (1) (a) or when the circumstances for the appointment of Regent or Council of Regency under Clause (6a) of this Article ceases to exist or upon removal under the provisions of Clause 8 (a) of this Article, as the case may be.

(8) (a) The Regent or Council of Regency appointed under Clauses (5), (6) and (6a) of this Article may be removed from office by the Undangs and another appointed in His or its place if after full and complete enquiry the Undangs are satisfied that the Regent or in the case of a Council of Regency any member thereof has after his appointment deliberately disregarded the provisions of this Constitution or has developed any great and serious defect derogatory to the qualities of a Regent or to the qualities of a member of the Council of Regency such as insanity, blindness, dumbness or has become possessed of any base quality on account of which he would not be permitted by the Hukum Syarak to be a Regent or a member of the Council of Regency or that the Regent or a member of the Council of Regency has done any overt act detrimental to the sanctity, honour and dignity of the office.

(b) On the death of the Regent or a member of the Council of Regency or on the Regent or the Council of Regency being removed from office under the provisions of the preceding paragraph of this Clause, the Undangs shall appoint forthwith another Regent or Council of Regency as to them seem most expedient.

XIII. (1) In the event of His Highness being elected to the office of the Yang di-Pertuan Agong or of His exercising the functions of the office of the Yang di-Pertuan Agong for a period exceeding fifteen days His place as a member of the Conference of Rulers shall be taken by the Regent or a member of the Council of Regency appointed in that behalf by such Council.

(2) His Highness may by Instrument under His Sign Manual and the State Seal appoint any person of the Malay race and professing the Muslim religion to take His place as a member of the Conference of Rulers provided that in the circumstances mentioned in Clause (1) of this Article such appointment shall be made by the Regent or the Council of Regency as the case may be.

(3) Every appointment under Clause (2) of this Article shall be for such period and subject to such conditions and restrictions as may be prescribed therein.

CHAPTER 5 - A. THE RULING CHIEFS

XIV. (1) The Undangs of the territories of Sungai Ujong, Jelebu, Johol and Rembau shall be persons lawfully elected in accordance with the custom of their respective luaks.

(2) The Office of Tengku Besar Tampin shall be hereditary by primogeniture amongst the male descendants lawfully-begotten in the male line of Tengku Syed Abdul Hamid bin Tengku Syed Shaban but if the heir is under the age of eighteen years according to the Gregorian calendar the office shall remain in abeyance until he shall have attained such age.

(3) On any of the Undangs vacating or on being removed from office in accordance with the custom of his luak, or in the event of the Tengku Besar Tampin, vacating office there shall be paid to such Undang or Tengku Besar, as the case may be such monthly allowance for life, not exceeding one quarter of the monthly allowance paid to him while in office, which the Legislative Assembly shall by Resolution determine:

Provided that the Legislative Assembly may terminate or withhold such allowance if the recipient thereof does any act prejudicial to the interests of the State or if he instigates any person to commit any treasonable act against the reigning Yang di-Pertuan Besar or if he conspires with any person or foreign Government to do any act likely to cause injury to the State or its interests.

(4) The allowance payable under Clause (3) of this Article shall be a charge on the Consolidated Fund.

- B. DATO’ SHAHBANDAR OF SUNGAI UJONG

XV. (1) Dato’ Shahbandar Sungai Ujong shall be the person lawfully elected as head of the Waris di Ayer in Ujong. accordance with the custom of the luak of Sungai Ujong.

(2) Without prejudice to the prerogatives, powers and jurisdiction of Dato’ Klana as Undang, and subject to the provisions of this Constitution, there shall be consultation between him and Dato’ Shahbandar in all matters affecting the affairs of the luak of Sungai Ujong.

CHAPTER 6 - DEWAN KEADILAN DAN UNDANG

XVI. (1) There shall be a Dewan Keadilan dan Undang to be called in English “The Council of the Yang di-Pertuan Besar and the Ruling Chiefs” hereinafter referred to as the Dewan to advice on questions relating to Malay Custom in any part of the State including questions relating to the election or succession to or removal from or vacation of office of any of the Ruling Chiefs referred to in Article XIV or on other matters which may be referred to it by His Highness or any of the Ruling Chiefs and to exercise such functions as may be conferred upon it by this Constitution or any other written law.

(2) The Menteri Besar may refer to the Dewan for its advice any question relating to Malay Custom in any part of the State including questions relating to the election or succession to or removal from or vacation of office of any of the Ruling Chiefs referred to in Article XIV.

(3) The advice of the Dewan on questions relating to Malay Custom in any part of the State including advice on any question relation to the election or succession to or removal from or vacation of office of any of the Ruling Chiefs referred to in Article XIV shall be final and shall not be challenged or called in question in any court on any ground.

XVII. The Dewan shall consist of His Highness, the Ruling Chiefs, the Tengku Besar of Sri Menanti, Dato’ Shahbandar of Sungai Ujong and such other Malay member or members as may from time to time be appointed for such period as may be prescribed by His Highness and the Undangs provided that where the Dewan deliberates on State or National policy the Menteri Besar shall be invited to attend.

XVIII. The Dewan shall meet at least three times a year.

XIX. His Highness shall preside at all meetings of the Dewan and, in His absence, the members shall choose one from among themselves to preside.

XX. No business except that of adjournment shall be transacted by the Dewan if there are less than one-half of the members present besides the President or other member presiding.

XXI. Subject to the provisions of this Constitution, the Dewan may determine its own procedure and appoint its own Committee to carry out its functions.

XXII. (1) Minutes shall be kept of all the proceedings of the Dewan.

(2) At every meeting of the Dewan the minutes of the last preceding meeting shall be confirmed with or without amendment as the case may require, before proceeding to the despatch of any other business.

XXIII. The official language of the Dewan shall be Malay.

XXIV. The Dewan may invite to any of its meetings any person if it considers that the presence of such person is desirable.

XXV. His Highness may from time appoint a Secretary to the Dewan who shall hold office during His pleasure.

CHAPTER 7 - HONOURS AND DIGNITIES

XXVI. His Highness is the fountain of all honours and dignities within the State and He alone may confer titles and dignities and institute Orders and Badges of Honour and Dignity, whether such titles, dignities, Orders or Badges have or have not been previously conferred or instituted:

Provided that -

(a) before His Highness exercises His prerogatives under this Article He shall first consult the Ruling Chiefs; and

(b) if the creation of any new title, dignity, Order or Badge or the appointment to such title of dignity will involve expenditure out of the revenue of the State, the concurrence of the Legislative Assembly shall be necessary.

XXVII. His Highness, after consultation with the Ruling Chiefs may deprive any person of any rank or title or Order or Badge of Honour or Dignity conferred by virtue of the provisions of Article XXVI of this Part if he has committed any offence of a grave nature.

CHAPTER 8 - GENERAL PROVISIONS

XXVIII. (1) Subject to Clause (2) of this Article the expression Ruler wherever it occurs in the Second Part of the Constitution shall mean His Highness and the Ruling Chiefs who are available and holding office at the material time.

(2) For the purpose of Clause (2) of Article XL in the Second Part of the Constitution the expression Ruler shall mean His Highness and at least three of the four Undangs or, if there be only three Undangs holding office at the time of the exercise of such discretion, at least two of them:

Provided that His Highness alone and in accordance with the Constitution may exercise His discretion under Clause (2) of Article XL as aforesaid, in cases described - 

(i) in paragraph (f) thereof, where the appointment does not affect the prerogatives, powers and jurisdiction of the Ruling Chiefs in their respective territories;

(ii) in paragraph (g) thereof,

XXIX. The powers conferred and duties imposed upon the Undangs under the provisions of this Part shall be deemed to have been duly exercised or performed if such powers were exercised or such duties were performed by at least three Undangs or by as many of them as may be living at the time of the exercise of such powers or the performance of such duties.

XXX. Subject to the precedence of His Highness, the order of precedence among the Ruling Chiefs and other dignitaries shall be as determined by the Dewan Keadilan dan Undang.

XXXI. The Emblem of the State and the Insignia of Royalty, the Standard of the Yang di-Pertuan Besar and the Flag of the State shall continue to be used as heretofore.

XXXII. Except as expressed herein, this Part shall not affect the ancient constitution and ancient custom of the State of Negeri Sembilan but such ancient constitution and ancient custom, where not inconsistent with this Part, shall continue as heretofore,

CHAPTER 1 - PRELIMINARY

XXXIII. This PART of the Constitution shall be called the SECOND PART of the Laws of the Constitution, Negeri Sembilan, 1959, hereinafter referred to as the SECOND PART.

XXXIV. (1) In this Part, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say - 

“Constitution” means the Laws of the Constitution of Negeri Sembilan, 1959;

“Consolidated Fund” means the Consolidated Fund of the State;

“Federal Constitution” means the Constitution of the Federation of Malaysia; 

“Government” means the Government of the State of Negeri Sembilan;

“His Highness” means the person elected as the Yang di-Pertuan Besar, Negeri Sembilan, by the Undangs in accordance with Article VII to exercise the functions of Ruler under the Constitution or any law or as a member of the Conference of Ruler and includes His Successors and, where the context admits, His Predecessors and, in the case of a Regency or Council of Regency, includes the Regent or such Council as the case may be;

“Legislature” means the authority having power under this Constitution to make laws for the State;

“Legislative Assembly” means the Legislative Assembly of the State;

“Luak” means the area ruled respectively by each of the Undangs, that is to say, the Undangs of the territories of Sungai Ujong, Jelebu, Johol and Rembau;

“Regent” means the person appointed to be Regent in accordance with Article XII and includes a Council of Regency;

“Ruling Chiefs” means the Undang of the Luak of Sungai Ujong, the Undang of the Luak of Jelebu, the

Undang of the Luak of Johol, the Undang of the Luak of Rembau and the Tengku Besar of Tampin;

“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 Negeri Sembilan;

“The Undangs” means the Ruling Chiefs excluding the Tengku Besar of Tampin;

“The Yang di-Pertuan Agong” means the Ruler who is elected by the Conference of Rulers in accordance

with the provisions of the Third Schedule of the Constitution of the Federation of Malaya to be the Supreme Head of the Federation.

(2) Without prejudice to any appellate or revisional jurisdiction of the Supreme Court, where in any proceedings, before another Court a question arises as to the effect of any provision of this Constitution the Supreme 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.

(3) The Ruler may refer to the Supreme Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to Him to be likely ta arise, and the Supreme Court shall pronounce in open Court its opinion on any question so referred to it.

(4) Unless the context otherwise requires any reference in this Constitution to a specified Article, Part, Chapter or Schedule is a reference to that Article or Part or Chapter 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.

(5) Subject to the provisions of Clauses (2), (3) and (4) of this Article, Clauses (2) and (4) 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.

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(6) Except where the interpretation of any word or expression is expressly provided by this Constitution or where the context otherwise requires, the Interpretation and General Clauses Ordinance, 1948, shall apply for the interpretation of this Constitution as it applies for the interpretation of any written law.

CHAPTER 2 - EXECUTIVE

XXXV. (1) The executive authority of the State shall be vested in the Ruler and exercisable, unless otherwise provided by the Federal Constitution or this Constitution, by His Highness or by the State Executive Council or any member of the State Executive Council, authorised by the State Executive Council, but executive functions may by law be conferred on other persons or authorities.

(2) All executive authority of the State shall be expressed to be taken in the name of the Ruler.

XXXVI. (1) The Ruler shall appoint, by Instrument under His Sign Manual and State Seal, a Menteri Besar in accordance with the provisions of paragraph (a) of Clause (2) of Article XXXVIII.

(2) Subject to the provision of Clause (3) of this Article no person shall be appointed as a Menteri Besar unless he is of the Malay race and professes the Muslim Religion.

(3) In appointing a Menteri Besar the Ruler may, in His discretion dispense with any provision in the Constitution of this State 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 paragraph (a) of Clause (2) of Article XXXVI.

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

XXXVII. (1) There shall be constituted the offices of State Secretary, State Legal Adviser and State Financial Officer; and the appointments thereto shall be made by the appropriate Service Commission from amongst members of any of the relevant public services.

(2) (a) The State Secretary, who shall be of the Malay race professing the Muslim Religion, shall be the principal officer in charge of the administrative affairs of the State.

(b) The State Legal Adviser shall advise on legal matters referred to him by His Highness or the State Government.

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

(3) Every such official 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 official first attends a meeting of the State Executive Council he shall take and subscribe in the presence of the Menteri Besar the Oath of Secretary set in Part III of the Schedule.

(5) The persons holding the office of State Secretary, State Legal Adviser and State Financial Officer respectively immediately before the coming into operation of this Constitution shall continue to hold that office in like manner as if he had been appointed under this Article.

XXXVIII. (1) The Ruler shall appoint an Executive Council.

(2) The Executive Council shall be appointed as follows, that is to say - 

(a) the Ruler shall first appoint as Menteri Besar to preside over the 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.

(3) The Executive Council shall be collectively responsible to the Legislative Assembly.

(4) 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 Executive Council.

(5) Subject to Clause (4), a member of the Executive Council other than the Menteri Besar shall hold office at the Ruler’s pleasure, unless the appointment of any member of the Executive Council 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.

(6) A member of the 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 Executive Council relating to that trade, business or profession or in any decision likely to affect his pecuniary interest therein.

XXXIX. Except for the purpose of enabling this Article to be complied with, no member shall sit or vote in the State Executive Council until he shall have taken and subscribed before His Highness or some person authorised by His Highness in that behalf, the oath set out in Part I of the 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.

XXXIX A. (1) The Menteri Besar may appoint any person he may deem fit to be a Political Secretary.

(2) A person appointed as a Political Secretary by virtue of this Article:

(a) need not be a member of the Legislative Assembly;

(b) may resign his office at any time;

(c) subject to paragraph (b), shall continue in his office until such time as his appointment is determined by the Menteri Besar.

(3) Before a Political Secretary exercises the functions of his office he shall take and subscribe in the presence of the Menteri Besar the Oath of Secrecy set out in Part IV of the Schedule.

(4) The duties and functions of a Political Secretary and his remuneration shall be determined by the Executive Council.

XL. (1) In the exercise of His functions under the Constitution of the State or any law or as a member of the Conference of Rulers the Ruler shall act in accordance with the advice of the Executive Council or of a member thereof acting under the general authority of the Council, except as otherwise provided by the Federal Constitution or the State Constitution; but shall be entitled, at His request, to any information concerning the government of the State which is available to the Executive Council.

(1 A) Where in the exercise of his functions under this Constitution or any law or as a member of the Conference of Rulers, the Ruler is to act in accordance with the advice or on the advice of any person or body of persons, the Ruler shall accept and act in  accordance with such advice.

(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) the appointment of a Menteri Besar;

(b) the withholding of consent to a request for the dissolution of the Legislatively Assembly;

(c) 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;

(d) any function as Head of the Muslim religion or relating to the custom of the Malays;

(e) the appointment of persons to Malay customary designation of the functions appertaining thereto;

(f) the appointment of Regent or Council of Regency;

(g) 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 Executive Council in the exercise of any of His functions other than - 

(a) functions exercisable in His discretion;

(b) functions with respect to the exercise of which provision is made in the State Constitution or the Federal Constitution.

XLI. 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 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.

XLII. 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 four members present besides the member presiding.

XLIII. 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 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.

XLIV. (1) Minutes shall be kept of all the proceedings of the State Executive Council.

(2) At every ordinary meeting of the Council the minutes of the last preceding meeting shall be confirmed, with or without amendment as the case may require, before proceeding to the despatch of any other business.

CHAPTER 3 - THE POWER OF PARDON

XLV. (1) His Highness may, subject to Clause (3),  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.

(3) The powers exercisable by His Highness under this Article shall be exercised - 

(a) in respect of Himself or His Consort, by the Conference of Rulers; and

(b) in respect of His son or daughter by the Ruler of a State nominated by the Conference of Rulers and the Ruler shall act on the advice of the Pardons Board constituted in accordance with Article 42 of the Federal Constitution.

CHAPTER 4 - CAPACITY OF THE STATE

XLVI. (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. 

CHAPTER 5 - THE LEGISLATURE

XLVII. 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). 

XLVIII. The Legislative Assembly shall consist of such number of elected members as the Legislature may by law provided.

XLIX. 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 L.

L. (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 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) of this Article 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 custody or the date on which the fine mentioned in the said paragraph (e) was imposed, 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 law as is referred to in

paragraph (f) of Clause (1) -

(a) the disqualification shall 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

(ii) convicted of an offence or proved guilty of an act under a law 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 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 shall take effect immediately upon the occurrence of the event referred to in paragraph (e) or (f), 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 the State.

LI. A person shall not at the same time be a member of the Legislative Assembly for more than one constituency.

 LII. (1) If a member of the Legislative Assembly becomes disqualified for membership of the Assembly his seat shall become vacant.

(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 L, the election shall be void.

(3)  (Deleted).

(4) A person cannot be validly nominated for election to the Legislative Assembly without his consent.

LIII. A member of the Legislative Assembly may resign his membership by writing under his hand addressed to the Speaker.

LIV. If a member of the Legislative Assembly is without the leave of the Speaker absent from every sitting thereof for a period of six months the Speaker may declare his seat vacant.

LV. (1) If 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 L, or under a law as is referred to in paragraph (f) of Clause (1) of Article L, the foregoing Clause (1) shall 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 L.

LVI. (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.

(4) Whenever the Legislative Assembly is dissolved a general election shall be held within sixty days from the date of dissolution and the new Legislative Assembly shall be summoned to meet on a date not 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 that there is 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; and in that event such vacancy shall be filled within sixty days from the date of the receipt of that notification.

LVII. (1) The Legislative Assembly shall from time to time elect as Speaker such person as the Assembly may determine and shall transact no business when the office of Speaker is vacant other than the election of the Speaker.

(1 A) A person shall not be elected to be the Speaker unless he is a member or qualified to be a member of the Legislative Assembly.

(1 B) Any person elected as Speaker who is not a member of the Legislative Assembly -

(a) shall, before he enters upon the duties of his office, take and subscribe before the Assembly an oath of office; and

(b) shall, by virtue of holding his office, be a member of the Assembly additional to the members elected to the Assembly:

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

(b) on ceasing to be a member of the Assembly otherwise than by reason of a‘dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1 B), on his ceasing to be qualified to be a member;

(c) upon being disqualified under Clause (4); or

(d) if the Assembly at any time so resolves.

(2 A) The Legislative Assembly may from time to time elect one of its members to be Deputy Speaker.

(2 B) 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) upon being disqualified under Clause (4); or

(c) if the Assembly at any time so resolves.

(3) During any absence of the Speaker from a sitting Enactment of the Legislative Assembly the Deputy Speaker or, if the Deputy Speaker is absent or if the office of the Deputy Speaker is vacant such other member as may be determined by the rules of procedure of the Assembly shall act as Speaker.

(4) A person who is elected to be the Speaker or Deputy Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it:

Provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature and the member does not receive any remuneration, reward, profit or benefit from it.

5) Where any question arises regarding the disqualification of the Speaker or Deputy Speaker under Clause (4) the decision of the Legislative Assembly shall be taken and shall be final.

LVIII. (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 Part II of the 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.

(3) If a member has not taken his seat within three 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.

LIX. His Highness may address the Legislative Assembly and may send messages thereto.

LX. (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 (5) and Article LXXVIII 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.

LXI. The Legislature shall by law make provision for the remuneration of the members of the Legislative Assembly.

LXII. 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 fourteen days prior to its introduction into the Legislative Assembly.

LXIII. Except as otherwise therein provided, a law made under this Constitution, not being a Government measure, intended to affect or benefit some particular person, association or corporate body, shall not affect the rights of the Ruler and His Successors or the rights of any body politic or corporate, or of any other person.

LXIV. (1) The power of the Legislature to make law shall be exercised by Bills passed by the Legislative Assembly and assented to by the Ruler. Such assent shall be expressed by His Highness causing to be affixed thereto the State Seal and signing the same in token of assent.

(2) No 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 Executive Council.

(2 A) His Highness shall within thirty days after a Bill is presented to Him expressed his assent, referred to in Clause (1), to the Bill.

(2 B) If a Bill is not assented to within the time specified in Clause (2a), it shall become law at the expiration of the time specified in that Clause in the like manner as if the Ruler has assented to it.

(3) A Bill shall become law on being assented to by the Ruler or as provided in Clause (2B), but no law shall come into force until it has been published, without prejudice, however, to the power of the Legislature to postpone the operation of any law or to make laws with retrospective effect.

LXV. All laws passed by the Legislature shall be styled “Enactments” and the words of enactment shall be “enacted by His Highness and the Ruling Chiefs of Negeri Sembilan with the advice and consent of the Legislative Assembly.”

LXVI. (1) The language of the Legislative Assembly shall be the National Language, subject to whatever provisions Parliament by law prescribes.

(2) The texts:

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

(b) of all Enactments of the Legislative Assembly and all subsidiary legislation issued by the Government of the State;

shall be in the National Language and the English Language,the former being authoritative.

LXVII. 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 ten members present besides the Speaker or other person presiding.

LXVIII. Minutes shall be kept of all the proceedings of the Legislative Assembly.

CHAPTER 6 - FINANCE

LXIX. No tax or rate shall be levied by or for the purpose of the State except by or under the authority of law. 

LXX. (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 the Constitution of the State or by State law - 

(a) the Civil List of the Yang di-Pertuan Besar, Ruling Chiefs and other minor chiefs and the remuneration of the Speaker of the Legislative Assembly;

(b) all debt charges for which the State is liable; and

(c) any moneys required to satisfy judgment, decision or award against the State by any Court or tribunal.

(2) For the purpose of this provision debt charges include interest, sinking fund charges, repayment or amortisation 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.

LXXI. (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.

(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.

(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 Muslim 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 specific purposes and appropriated for the purposes by the law authorising the raising of the loan;

(b) sums representing any money or interests 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 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.

LXXII. 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) and (c) of Clause (3) of Article LXXI 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.

LXXIII. 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

(b) that any moneys have been expended for any purpose in excess of the amount (if any)

appropriated for that purpose by the Supply Enactment,

a supplementary estimate showing the sums required or spent shall be laid before the Legislative Assembly and the heads of any such expenditure shall be included in a Supply Bill.

LXXIV. (1) Subject to the following provisions of this Article, no moneys shall be withdrawn from the Consolidated Fund unless they are -

(a) charged on the Consolidated Fund; or

(b) authorised to be issued by a Supply Enactment.

(2) No moneys shall be withdrawn from the Consolidated Fund except in the manner provided by federal law.

(3) Clause (1) does not apply any such sum as are mentioned in paragraphs (a), (b) and (c) of Clause (3) Article LXXI.

(4) The State Legislature may in respect of any financial year authorise, 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.

CHAPTER 7 - GENERAL PROVISIONS

A. Special Provision Relating to the Malays

LXXV. (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.

(2) The Ruler shall, subject to the provisions of Article XL of this Part, exercise His functions under this 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 the 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 specialities, 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 shall duly comply with the directions.

(4) In exercising His functions under this Part and State law in accordance with Clause (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 LXXVI.

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

(7) Nothing in this Article shall operate to deprive or authorise the deprivation of any person of any right, privilege, permit or licence accrued to or enjoyed or held by him or to authorise 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 this 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 a proportion of such permits or licences for Malays; but not such law shall for the purpose of ensuring such a reservation -

(a) deprive or authorise the deprivation of any person or any right, privilege, permit or licence accrued to or enjoyed or held by him; or

(b) authorise 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, authorise 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 authorise 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.

B. Impartial Treatment

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

C. The State Seal

LXXVII. (1) The Ruler shall keep and use a Public Seal of the State for sealing all things whatsoever that shall pass the said Seal.

(2) The State Seal shall bear the inscription “Mohor Kerajaan Negeri Sembilan” in Jawi.

D. Amendment of the Constitution

LXXVIII. (1) The following provisions of this Article shall have effect with respect to the amendment of the Constitution.

(2) The provisions of the First Part except Articles II, III.  XXXI and XXXII be amended by His Highness by Proclamation issued with the advice and concurrence of the Ruling Chiefs but may not be amended by the State Legislature or by any other means.

(3) The provisions of Articles XXXI and XXXII of the First Part may, subject to Clause (5) be amended by Bills passed by the Legislative Assembly and approved by the Dewan established under Article XVI of the First Part of the Constitution and assented to by the Ruler, but may not be amended by any other means.

(4) The provisions of Article I of the Preliminary Part, the provisions of Articles II and III of the First Part, and the provisions of the Second Part may, subject to Clause (5) be amended by an Enactment of the State Legislature but may not be amended by any other means.

(5) A Bill for making an amendment to the Constitution shall 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 numbers of members thereof.

(5a) Clause (5) of this Article shall not apply to any amendment the effect of which is to bring this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution, but only if it is made after the Legislative Assembly has been elected in accordance with Article XLVIIL.

LXXVIII A. The Government Printer may, with the consent of the Ruler, authorize the printing of copies of the Laws of the Constitution of Negeri Sembilan, including all amendments in force on the date of the authorization and any copy so printed shall be deemed for all purposes to be a true and correct copy of the Laws of the Constitution of Negeri Sembilan.

E. The Royal Prerogatives

LXXIX. Except as expressed herein, this Constitution shall not affect the prerogatives, powers and jurisdiction of His Highness and the Ruling Chiefs.

CHAPTER 8 - TRANSITIONAL PROVISIONS

LXXX. After the dissolution of the last Council of State the Executive Council shall consist of the Menteri Besar and all those persons who were members of the 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.

CHAPTER 9 - REVOCATION

LXXXI. The First Part of the Laws of the Constitution of Negeri Sembilan, 1948, as amended by the First Part of the Laws of the Constitution of Negeri Sembilan (Amendment), 1954, the First Part of the Laws of the Constitution of Negeri Sembilan (Amendment), 1955, the First Part of the Laws of the Constitution of Negeri Sembilan (Amendment), 1956, the First Part of the Laws of the Constitution of Negeri Sembilan (Amendment), 1957, the First Part of the Laws of the Constitution of Negeri Sembilan (Second Amendment), 1957, the First Part of the Laws of the Constitution of Negeri Sembilan (First Amendment), 1958, and the First Part of the Laws of the Constitution of Negeri Sembilan (Second Amendment) Law, 1958, is hereby revoked.

Part I

(Article XXXIX)

OATH OF MEMBER OF THE STATE EXECUTIVE COUNCIL

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  in exercising and admitted as a member of the State Executive Council (Majlis Mesyuarat Kerajaan) Negeri Sembilan 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 Ruler 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.

Part II

(Article LVIII)

OATH OF MEMBER OF THE LEGISLATIVE ASSEMBLY

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ having been elected as a member of the Legislative Assembly of the State of Negeri Sembilan do solemnly swear (or affirm) that I will faithfully discharge my duties as such to the best of my ability, that I will bear true faith and allegiance to the State of Negeri Sembilan and to the Federation of Malaya, and that I will preserve, protect and defend the Constitution of the State of Negeri Sembilan.

Part III

(Article XXXVII (4))

OATH OF OFFICIAL TAKING PART IN THE PROCEEDINGS OF STATE EXECUTIVE COUNCIL

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  in exercising my right under the constitution to take part in the Proceedings of the State Executive Council do solemnly swear (or affirm) that I will not directly or indirectly communicate or reveal to any person any matter which shall become known to me in the course of the Proceedings 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 the Menteri Besar.

Part IV

(Article XXXIX A (3))

OATH OF A POLITICAL SECRETARY

I, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 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 except as may be required for, the due discharge of my duty as such or as may be specially permitted by the Menteri Besar.

So be it. Such are the First Part and Second Part of the Laws of the Constitution, Negeri Sembilan, 1959.

May GOD, to Whom be praise and Whose name be exalted, the King of Kings, vouchsafe His grace and may the Prophet Muhammad (on Whom be the benediction and peace of GOD) grant His Blessing to these Parts of the Laws of the Constitution, Negeri Sembilan, 1959 for ever and ever.

Done at Astana Hinggap, Seremban, this nineteenth day of the month of Syawal the Hijrah of the Prophet (on Whom be the benediction and peace of GOD) one thousand three hundred and seventy-eight corresponding to the twenty-seventh day of April, one thousand nine hundred and fifty-nine of the Christian Era.