Constitution of the
State of Sabah

PART V

GENERAL PROVISIONS

41.    Safeguarding position of Natives.

(1)   It shall be the responsibility of the Yang di-Pertua Negeri to safeguard the special position of the Natives and the legitimate interests of other communities in accordance with the provisions of this Article.

(2)   The Yang di-Pertua Negeri shall exercise his functions under this Constitution and under State Law in such manner as may be necessary to safeguard the special position of the Natives, and to ensure such degree of participation by Natives as he may deem reasonable in the public service of the State, and in the receipt of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by or with the approval of the State Government and, when any permit or licence for the operation of any trade or business is required by State Law, then, subject to the provisions of that law and this Article, in such trade or business.

(3)   The Yang di-Pertua Negeri may, in order to ensure in accordance with clause (2) the participation by Natives in the public service and in the receipt of scholarships, exhibitions and other educational or training privileges or special facilities, give such general directions as may be required for that purpose to the Commission, or to any authority charged with responsibility for the grant of such scholarships, exhibitions or other educational or training privileges or special facilities; and Commission or authority shall duly comply with the directions.

(4)   In exercising his functions under this Constitution and under State law in accordance with clauses (1), (2) and (3), the Yang di-Pertua Negeri shall not deprive any person of any office in the public service 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 39.

(6)   Where by any existing State law a permit or licence is required for the operation of any trade or business the Yang di-Pertua Negeri 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 such degree of participation in such trade or business by Natives as the Yang di-Pertua Negeri 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 thereof might reasonably be expected in the ordinary course of events.

(8)   Where by any State law any permit or licence is required for the operation of any trade or business, that law may make provision to ensure participation by natives in such trade or business; but no such law shall for the purpose of ensuring such participation

(a)   deprive or authorise the deprivation of any person of 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 any trade of business solely to Natives.

(10)  n this Article, "Native" means a person who is a citizen, is the child or grandchild or a person indigenous to the State, and was born (whether on or after Malaysia Day or not) either in the State or to a father domiciled in the State at the time of the birth.

42.    The Public Seal.

The Yang di-Pertua Negeri shall keep and use the Public Seal of the State for all things that shall pass that Seal; and, until a Seal shall be provided for the State, a stamp bearing the inscription "State of Sabah: Public Seal of the State" may be used as the Public Seal of the State.

42A.  State Flag and State Crest.

(1)   The State Flag shall be of the design as depicted and described in Part I of the Second Schedule.

(2)   The State Crest shall be of the design as depicted and described in Part II of the Second Schedule.

43.    Amendment of Constitution.

(1)   Subject to the following provisions of this Article the provisions of this Constitution may be amended by amended by an Enactment passed by the Legislature but may not be amended by any other means.

(2)   Subject to clause (3), a Bill for making an amendment to this Constitution shall not be passed by the Legislative Assembly unless it has been supported on the second and third readings by the votes of not less than two-thirds of the total number of members thereof.

(3)   Clause (2) shall not apply to a Bill for making

(a)   any amendment consequential on a law prescribing the number of elected members of the Legislative Assembly; or

(b)   any amendment for the purpose of bringing this Constitution into accord with any of the provisions of the Eighth Schedule to the Federal Constitution as for the time being in force.

(4)   In this Article "amendment" includes addition and repeal.

44.    Authorised reprints of Constitution.

The Legislative Assembly may from time to time by resolution authorise the Government Printer, to print copies of this Constitution including all amendments in force at the date of such authorisation; and any such copy so printed shall be deemed for all purposes to be a true and correct copy.

45.    Re-appointment and re-election.

Where any person has vacated any office established by this Constitution he may, if qualified, again be appointed or elected to that office in accordance with the provisions of this Constitution.

46.    Interpretation.

(1)   In this Constitution, unless the context otherwise requires

"the Cabinet" means the State Cabinet;

"citizen" means a citizen of the Federation;

"the Conference of Rulers" means the Conference of Rules constituted by the Federal Constitution;

"the Commission" means the Public Service Commission of the State;

"Rakyat Development Leader" shall include such person by whatever title called, appointed to co-ordinate and control the activities of a Rakyat Development Leader;

"existing law" means any law having effect as part of the law of the Colony of North Borneo or any part thereof immediately before the commencement of this Constitution;

"the Federal Constitution" means the Constitution of the Federation and includes the Malaysia Act of the Federation;

"Federal law" means

(a) any existing law continuing to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a Federal law; and

(b)   any Act of Parliament, or other law of the Federation relating to matters about which Parliament has power to make laws, which extends to the State;

"the Federation" means the Federation to be known, on and after Malaysia Day, by the name Malaysia;

"the Gazette" means the official Gazette of the State;

"the High Court" means the High Court in Sabah and Sarawak constituted by the Federal Constitution;

"the Legislature" means the Legislature of the State;

"Malaysia Day" means the day referred to as Malaysia Day in the Malaysia Act;

"member" shall for the purposes of clause (2) paragraph (b) include a chairman and a deputy chairman;

"office of profit" has the same meaning as in the Federal Constitution;

"Parliament" means the Parliament of the Federation;

"public officer" means a person holding or acting in any office of emolument in the public service;

"the public service" means, subject to the provisions of clause (2), the public service of the State;

"session" means, in relation to the Legislative Assembly, the sittings of the Assembly commencing when it first meets after its prorogation or dissolution and terminating when it is prorogued or is dissolved without having been prorogued;

"sitting" means, in relation to the Legislative Assembly, a period during which the Assembly is sitting continuously without adjournment, and includes any period during which the Assembly is in committee;

"the State" means the State of Sabah;

"State law" means

(a) any existing law continuing to have effect as part of the law of the State or any part thereof after the commencement of this Constitution to the extent that it is by virtue of the provisions of the Federal Constitution treated as a State law; and

(b)   any law made by the Legislature;

"the Yang di-Pertuan Agong" means the Yang di-Pertua Agong of the Federation.

(2)  In this Constitution references to an office in the public service shall not be construed as including references to the office to

(a)   Yang di-Pertua Negeri, Chief Minister or other Minister or Assistant Minister or member of the Executive Council, Speaker or member of the Legislative Assembly, a member of the Commission, a member of the Pardons Board constituted for the State under the Federal Constitution; or

(b)   save in so far as the Legislature may by law prescribe, a member of any council, board, panel, committee or other similar body (whether incorporated or not) established by or under any law.

(3)   In this Constitution, unless the context otherwise requires, a reference to the holder of an office by the terms designating his office shall be construed as including a reference to any person for the time being acting in that office.

(4)   Unless the context otherwise requires, any reference in this Constitution to a specified Part or Article or to the Schedule is a reference to that Part or Article of, or to the Schedule to, this Constitution and any reference to a clause or paragraph is a reference to the clause of the Article or paragraph of the clause in which the reference occurs.

(5)   The Interpretation OrdinanceW, as in force at the commencement of this Constitution, shall apply for the purpose of interpreting this Constitution and otherwise in relation thereto as it applies for the purpose of interpreting and otherwise in relation to a written law within the meaning of that Ordinance.

47.    Commencement.

Subject to the provisions of Part VI, this Constitution shall come into operation immediately before Malaysia Day.



W This Ordinance has been repealed and replaced by Interpretation and General Clauses Enactment, 1963 (No. 34 of 1963).