s 97 Construction of powers of appointment
Where provision is made in any written law for an appointment to any public office by the Yang di-Pertuan Agong or a Ruler or Yang di-Pertua Negeri, then— (a) in any case where but for the provisions of such law such appointment would under the provisions of Part X of the Constitution be made by a Service Commission, such law shall have effect as if it provided that such appointment, in lieu of being made by the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri, as the case may be, shall be made by such Commission or by an officer or board of officers to whom such Commission has lawfully delegated it powers; (b) in any case where but for the provisions of such law such appointment would be made in accordance with Clauses (3) or (4) and Clause (5) of Article 144 of the Constitution such law shall have effect as if it provided that such appointment, in lieu of being made by the Yang di-Pertuan Agong or the Ruler or Yang di-Pertua Negeri, as the case may be, shall be made in accordance with the provisions of those Clauses; and (c) in any case where but for the provisions of such law such appointment would constitute a transfer without change of rank within a department of Government such law shall have effect as if it provided that such appointment, in lieu of being made by the Yang di-Pertuan Agong or the Ruler or Yang di- Pertua Negeri, as the case may be, shall be made by the head of the department of Government concerned. [s. 31A]