Perlembagaan Persekutuan
(1) If, after a recommendation from an expert committee and
National development
- Jurisdiction
- Malaysia
- Provision
- 92
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official source92. (1) If, after a recommendation from an expert committee and
after consultation with the National Finance Council, the National
Land Council and the Government of any State concerned, the
Yang di-Pertuan Agong is satisfied that it is conducive to the
national interest that a development plan be put into operation
in any area or areas in one or more of the States, the Yang
di-Pertuan Agong may, after publishing the plan, proclaim the
area or areas as a development area; and thereupon Parliament
shall have power to give effect to the development plan or any
part thereof, notwithstanding that any of the matters to which the
plan relates are matters with respect to which, apart from this
Article, only States would have power to make laws.
(2) Any Act passed in pursuance of this Article shall recite
that it has been so passed and that the provisions of Clause (1)
have been complied with; and Article 79 shall not apply to any
Bill for such an Act or any amendment to such a Bill.
(3) In this Article, “development plan” means a plan for the
development, improvement, or conservation of the natural resources
[Article 92] Federal Constitution 86
of a development area, the exploitation of such resources, or the
increase of means of employment in the area.
(4) Without prejudice to their power under any other Article to
require any interest in land to be acquired or granted for federal
purposes, the Federal Government may from time to time require
the reservation for the purposes of a development plan, to such
extent as they may specify, of any land in a development area
which is not occupied by private persons; but any diminution, in
consequence of the reservation, of the annual revenue received
by a State shall be made good to the State by the Federation.
(5) All income received by the Federation through the
operation of a development plan shall, subject to Clause (6), be
applied—
(a) in the first instance, for the provision of capital and
the meeting of working expenses for the development
plan;
(b) in the second instance, for the repayment to the Federation
of any expenditure, including expenditure under
Clause (4), incurred by the Federation in operating the
plan; and
(c) as to the balance, for payments to the State in which the
development area is situated or, if it is situated in two
or more States, to those States in such proportions as
the Federal Government may determine.
(6) If it is agreed between the Federal Government and the
Government of any State which includes the whole or any part of
the development area that any expenditure incurred in operating
the development plan is to be met by the State, any expenditure
so met shall be repaid to the State and the repayment shall rank
pari passu with the repayment to the Federation of any expenditure
incurred by the Federation.
(7) Parliament may repeal or amend any Act passed in pursuance
of this Article, and for that purpose may make such incidental
and consequential provisions as it may consider necessary.
(8) Nothing in this Article shall affect the power of Parliament
or of the Legislature of any State—
(a) to impose such taxes or rates as it is authorized to
impose under any other provision of this Constitution; or
[Article 92] Federal Constitution 87
(b) to make from the Federal Consolidated Fund or the State
Consolidated Fund, as the case may be, grants not
repayable under Clause (5) or (6),
except that where, in pursuance of Clause (1), a rate is imposed
on any property by federal law which, but for this Article, might
have been imposed by State law, no rate of the same kind shall be
imposed by State law for any period for which the rate imposed
by federal law is payable.
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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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