YANG DI-PERTUAN AGONG (EXERCISE OF FUNCTIONS) ACT 1957

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YANG DI-PERTUAN AGONG (EXERCISE OF
FUNCTIONS) ACT 1957 - Act 373

ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Exercise by a Ruler of the sovereign functions
4. Oath of office
5. Powers of the Conference of Rulers
6. Parliament to be notified of exercise of sovereign functions
7. Cesser of exercise of sovereign functions
8. Illness, etc., of Ruler exercising sovereign functions
9. Saving
SCHEDULE
An Act to provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong
whenever those functions fall to be performed by the Timbalan Yang di-Pertuan Agong but
cannot be so exercised.
30 December 1957
WHEREAS by Clause (5) of Article 33 of the Federal Constitution Parliament may by law
provide for the exercise by a Ruler of the functions of the Yang di-Pertuan Agong in cases where
those functions would under Clause (1) of that Article fall to be exercised by the Timbalan Yang
di-Pertuan Agong but cannot be so exercised owing to a vacancy in the office of the Timbalan
Yang di-Pertuan Agong or to his illness, absence from Malaysia or to any other cause:
AND WHEREAS by Clause (5) of that Article such a law shall not be passed without the
consent of the Conference of Rulers:
AND WHEREAS the Conference of Rulers has consented to the passing of the following law:
NOW, THEREFORE, IT IS HEREBY ENACTED by the Yang di-Pertuan Agong with the
advice and consent of the Parliament as follows:
1. Short title
This Act may be cited as the Yang di-Pertuan Agong (Exercise of Functions) Act 1957.
2. Interpretation
In this Act, unless the context otherwise requires—
“sovereign functions” means the functions of the Yang di-Pertuan Agong.
3. Exercise by a Ruler of the sovereign functions
Whenever owing to a vacancy in the office of Timbalan Yang di-Pertuan Agong or to the illness
or absence from Malaysia for a period expected to exceed fifteen days of the Timbalan Yang
di-Pertuan Agong, or to any other cause, the Timbalan Yang di-Pertuan Agong cannot exercise
the sovereign functions in cases where under Clause (1) of Article 33 of the Federal Constitution
those functions would fall to be exercised by him, then such functions shall fall to be exercised
by the Ruler whose State is first on the list maintained under section 4 of the Third Schedule to
the Federal Constitution if he is able and willing to exercise such functions or, if such Ruler is
not so able and willing, then by the first of the Rulers next after him (according to the order in
which their States appear on such list) who is so able and willing.
4. Oath of office
As soon as the Ruler entitled under section 3 has signified to the Keeper of the Rulers’ Seal his
willingness to exercise the sovereign functions he shall, after taking and subscribing in the
presence of the Lord President of the Supreme Court (or in his absence the next senior judge of
the Supreme Court available) the oath of office set out in the Schedule, be entitled to exercise
and shall, subject to section 7 exercise such functions until the appointment under section 5 by
the Conference of Rulers of a Ruler to exercise such functions.
5. Powers of the Conference of Rulers
At the next meeting of the Conference of Rulers following the taking of the oath by the Ruler
under section 4 the Conference of the Rulers shall, unless at that date the Yang di-Pertuan Agong
or the Timbalan Yang di-Pertuan Agong is exercising such functions (and without prejudice to
the validity of anything previously done under this Act) by resolution appoint a Ruler (being a
Ruler qualified to be elected Yang di-Pertuan Agong) to exercise the sovereign functions; and
such Ruler shall upon taking the oath of office prescribed by section 4 be entitled to exercise and
shall, subject to section 7, exercise such functions.
6. Parliament to be notified of exercise of sovereign functions
When a Ruler has taken the oath of office prescribed by section 4 the Keeper of the Rulers’ Seal
shall thereupon notify the fact that such Ruler is exercising the functions of the Yang di-Pertuan
Agong in writing to both Houses of Parliament.
7. Cesser of exercise of sovereign functions
A Ruler who is exercising the sovereign functions under this Act shall cease to exercise such
functions as soon as the Yang di-Pertuan Agong or the Timbalan Yang di-Pertuan Agong
resumes or assumes such functions.
8. Illness, etc., of Ruler exercising sovereign functions
When a Ruler who is exercising the sovereign functions under this Act cannot owing to illness or
absence from Malaysia for a period not expected to exceed fifteen days or any other cause
exercise such functions the sovereign functions shall fall to be exercised by the Ruler who would
under section 3 have been entitled to exercise such functions if at the date on which the Ruler
first referred to ceased to exercise such functions any of the events described in section 3 had
first occurred; and this Act shall apply as if references therein to the Timbalan Yang di-Pertuan
Agong included references to the Ruler first referred to in this section.
9. Saving
Subject to Article 34 of the Federal Constitution, nothing in this Act contained shall affect the
exercise by a Ruler of his functions as Ruler of his State.
Schedule
[Section 4]
OATH OF OFFICE OF A RULER EXERCISING THE FUNCTIONS OF THE YANG
DI-PERTUAN AGONG
Kami ……..................................... ibni ……................................................................ setelah
dipilih untuk melaksanakan tugas-tugas Yang di-Pertuan Agong bagi Malaysia di bawah Akta
Yang di-Pertuan Agong (Perlaksanaan Tugas-tugas) 1957 bersumpah dengan melafazkan:
Wallahi; Wabillahi; Watallahi;
maka dengan lafaz ini berikrarlah kami dengan sesungguhnya dan dengan sebenarnya mengaku
akan taat setia pada menjalankan tugas-tugas Yang di-Pertuan Agong yang telah ditetapkan dan
yang akan ditetapkan pada suatu masa ke suatu masa yang ke hadapan ini oleh Undang-undang
dan Perlembagaan Negeri Malaysia.
(English translation)
We ……............................... ibni ……................................................................ being
nominated to exercise the functions of the Yang di-Pertuan Agong of Malaysia under the Yang
di-Pertuan Agong (Exercise of Functions) Act 1957, do hereby swear:
Wallahi; Wabillahi; Watallahi;
and by virtue of that oath do solemly and sincerely declare that we shall faithfully exercise the
functions of the Yang di-Pertuan Agong as laid down and may from time to time be laid down by
the laws and the Constitution of Malaysia.