Federal Constitution
NOTES
Art. 1
The present Article without Clause (4) was inserted by Act 26/1963, section 4, in force from
16-09-1963 (i.e. when Malaysia was established). The original Article as it stood on Merdeka
Day read as follows:
“1. (1) The Federation shall be known by the name of Persekutuan Tanah Melayu (in
English the Federation of Malaya).
(2) The States of the Federation are Johore, Kedah, Kelantan, Negeri Sembilan, Pahang,
Perak, Perlis, Selangor and Terengganu (formerly known as the Malay States) and Malacca
and Penang (formerly known as the Settlements of Malacca and Penang).
(3) The territories of each of the States mentioned in Clause (2) are the territories of
that State immediately before Merdeka Day.”.
Clause (2)
a. Amended by Act 59/1966, section 2, in force from 09-08-1965 (i.e. the date Singapore
left Malaysia) by deleting therefrom paragraph (c) which read as follows:
“(c) the State of Singapore.”.
b. The present Clause was substituted by Act A354, section 2, in force from 27-08-1976.
This Clause before its substitution by Act A354 was amended by Act 26/1963,
section 4, in force from 16-09-1963 (i.e. when Malaysia was established) read as
follows:
“(2) The States of the Federation shall be—
(a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri
Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu;
(b) the Borneo States, namely, Sabah and Sarawak; and
(c) the State of Singapore.”.
Clause (3)
The words “Subject to Clause (4),” were inserted by Act A206, section 11, in force from
01-02-1974.
Clause (4)
a. The original Clause which was added by Act A206, section 11, in force from 01-02-1974
(i.e. the date of the establishment of the Federal Territory of Kuala Lumpur) read as
follows:
“(4) The territory of the State of Selangor shall exclude the Federal Territory
established under the Constitution (Amendment) (No. 2) Act 1973.”.
b. Subsequently this Clause was amended by Act A566, subsection 2(1), in force from
01-02-1974, by inserting after the figures “1973” the words, “and the Federal Territory
shall be a territory of the Federation.”.
c. Subsection 2(2) of Act A566 also provided w.e.f 01-02-1974 that—
“Any reference in the Constitution and any other written law to the Federation, Malaya,
Malaysia, the States of the Federation, the States of Malaya, or West Malaysia, howsoever
used, whether or not used in conjunction with or as part of another expression, shall
be construed to include a reference to the Federal Territory, unless there is express
provision to the contrary or there is something in the subject or context inconsistent
with or repugnant to such construction.”.
d. This Clause was substituted by Act A585, section 11, in force from 16-04-1984.
e. This Clause was again substituted by Act A1095, section 11, in force from 01-02-2001.
Art. 2
See Art. 22, 133(3) & 159(4)(bb).
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