Page:Agreement relating to Malaysia (1963).djvu/16

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22
United Nations — Treaty Series
1970


expression 'unit of review' shall mean, for federal constituencies, the area under review and, for State constituencies, the State.

(7) Subject to Clause (3), the period for the first reviews under Clause (2) for any unit of review shall be calculated from the first delimitation of constituencies for that unit under this Constitution or under the Malaysia Act".


Decisions as to
disqualification
of member of
either House or of
Legislative Assembly
.

11.-(1) At the end of Article 53 of the Constitution (which, requires that on any question whether a member of either House of Parliament has become disqualified the decision of the House shall be taken) there shall be added—
" Provided that this Article shall not be taken to prevent the practice of the House postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the removal of the disqualification)"; and in Article 54 (which requires a casual vacancy to be filled within sixty days from the date on which it occurs) for the word "occurs" there shall be substituted the words "is established that there is a vacancy".
(2) In the Eighth Schedule to the Constitution (which by section 8 and sub-section (5) of section 9 requires the inclusion in a State constitution of provisions like Articles 53 and 54) there shall be added at the end of section 8—
"Provided that this section shall not be taken to prevent the practice of the Assembly postponing a decision in order to allow for the taking or determination of any proceedings that may affect the decision (including proceedings for the
removal of the disqualification)"; and in sub-section (5) of section 9 for the word "occurs" there shall be substituted the words "is established that there is a vacancy".


State Constitutions.

12.-(1) In Article 71 of the Constitution (in which Clauses (4) to (6) make provision as to the inclusion in State Constitutions of certain essential provisions set out in the Eighth Schedule) there shall be added at the end as Clauses (7) and (8):
"(7) In relation to a Borneo State—
(a) Clause (5) shall not apply; but
(b) until the end of August, 1975, or such earlier date as the Yang di-Pertuan Agong with the concurrence of the Governor may by order direct, Clause (4) shall apply as if the reference to the modifications allowed under Clause (5) were a reference to the modifications made by the Constitution of the State as in force on Malaysia Day;
No. 10760