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  1. Constitutions
  2. Malaysia
  3. (1) Subject to paragraph (a) of Clause (3) of Article 140,

🇲🇾 MalaysiaConstitution

Perlembagaan Persekutuan

(1) Subject to paragraph (a) of Clause (3) of Article 140,

Jurisdiction
Malaysia
Provision
142
Source language
English
Recorded status
in force
More details
Recorded status
in force

Provision text

Official source
142. (1) Subject to paragraph (a) of Clause (3) of Article 140, a member of either House of Parliament or of the Legislative Assembly of a State shall not be or be appointed to be a member of a Commission to which this Part applies. (2) Subject to Clause (3), a person shall not be appointed to be a member of any of the Commissions to which this Part applies if he is, and shall be removed by order of the Yang di-Pertuan Agong if he becomes— (a) a member of any of the public services; (b) an officer or employee of any local authority, or of any body, whether corporate or otherwise, or of any body or authority established by law for public purposes; (c) a member of a trade union or of a body or association affiliated to a trade union. (2a) In addition to any disqualification provided under Clause (2), the Chairman or Deputy Chairman of any of the Commissions *Subsequently “twelve”—see P.U. (A) 150/1990. *Subsequently “sixteen”—see P.U. (A) 169/2001. *Now “twenty-four”—see P.U. (A) 127/2006. [Article 142] Federal Constitution 133 to which this Part applies shall be disqualified from holding such office if after three months of his appointment to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organization or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: Provided that such disqualification shall not apply where such organization or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it. (3) Clause (2) does not apply to ex officio members; and a member of any of the public services may be appointed to be and remain Chairman or Deputy Chairman and, if he is on leave prior to retirement, he may be appointed to be another member, of any of the said Commissions. (3a) Where, during any period, the Chairman of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions, the Deputy Chairman of that Commission shall discharge the functions of the Chairman during that period, and if the Deputy Chairman is also absent or unable to discharge such functions, a member of the Commission may be appointed by the Yang di-Pertuan Agong to discharge the functions of the Chairman during that period. (4) Where, during any period, a member of any of the said Commissions has been granted leave of absence by the Yang di-Pertuan Agong or is unable, owing to his absence from the Federation, illness or any other cause, to discharge his functions as a member, then— (a) if he is an appointed member, the Yang di-Pertuan Agong may appoint to exercise his functions during that period any person who would be qualified to be appointed in his place, and the appointment of such a person shall be made in the same manner as that of the member whose functions he is to exercise; (b) if he is an ex officio member, any person authorized [Article 142] Federal Constitution 134 under federal law to perform the functions of his office may during that period perform also his functions as a member of the Commission. (5) A Commission to which this Part applies may act notwithstanding a vacancy in its membership, and no proceedings of such a Commission shall be invalidated by reason only that some person not entitled thereto has taken part in them. (6) Before exercising his functions as a member of any of the said Commissions or under Clause (4) any person other than an ex officio member shall take and subscribe before a judge of the Federal Court, of the Court of Appeal or of a High Court the oath of office and allegiance set out in the Sixth Schedule. Conditions of service of members of Commissions

Source record

Source and verification

Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.

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