Page:Agreement relating to Malaysia (1963).djvu/35

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1970
Nations Unies — Recueil des Traités
41

rate of $4,500 a mile in respect of a mileage in Sabah of 1,151 miles and in Sarawak of such amount as may be agreed between the Federal and State Governments.

(2) Thereafter sections 2 to 5 shall apply to the State road grant so payable with the following modifications:
(a) the average cost and minimum standard mentioned in section 2 (a) shall be respectively the average in the State and the minimum standard determined for State roads in the State ; and
(b) any length of road maintained by a local authority at the expense of the State shall be treated as maintained by the Public Works Department of the State."

Special grants and
assignments of revenue
to Borneo States.
(Article 112C).

46. (1) Subject to the provisions of Article 112D and to any limitation expressed in the relevant section of the Tenth Schedule—
(a) the Federation shall make to the Borneo States in respect of each financial year the grants specified in Part IV of that Schedule ; and
(b) each of those States shall receive all proceeds from the taxes, fees and dues specified in Part V of that Schedule, so far as collected, levied or raised within the State, or such part of those proceeds as is so specified.
(2) The amounts required for making the grants specified in the said Part IV, and the amounts receivable by a Borneo State under section 3 or 4 of the said Part V, shall be charged on the Consolidated Fund ; and the amounts otherwise receivable by a Borneo State under the said Part V shall not be paid into the Consolidated Fund.
(3) In Article 110, Clauses (3A) and (4) shall not apply to a Borneo State.
(4) Subject to Clause (5) of Article 112D, in relation to a Borneo State Clause (3B) of Article 110—
(a) shall apply in relation to all minerals, including mineral oils ; but
(b) shall not authorise Parliament to prohibit the levying of royalties on any mineral by the State or to restrict the royalties that may be so levied in any case so that the State is not entitled to receive a royalty amounting to ten per cent. ad valorem (calculated as for export duty).

Reviews of special
grants to Borneo States.
(Article 112D).


47. (1) The grants specified in section 1 and sub-section (1) of section 2 of Part IV of the Tenth Schedule, and any substituted or additional grant made by virtue of this Clause, shall at the intervals mentioned in Clause (4) be reviewed by the governments of the Federation and the States or State concerned, and if they agree on the alteration or
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