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 source142. (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
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Perlembagaan Persekutuan · lom.agc.gov.my · Retrieved 18 August 2026.
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