Second Schedule SECOND SCHEDULESupplementary
[Subsection 131(1)] MODIFICATIONS AND ADDITIONS 1. In this Schedule— “the adopting State”, in relation to any particular State which adopts PART III of this Act, means that particular State; “the applied Act” means PART I of this Act [Interpretation Act 1967]. 2. The definition of “State” in section 3 of the applied Act shall be subject to the modification that, in relation to the adopting State, references to “the State” are to be construed as references to the adopting State. 3. In section 3 of the applied Act— (a) the words “the State” shall be deemed to replace the words “a State” in the following definitions: “Chief Minister” or “Menteri Besar”; “district”; “State Consolidated Fund”; “State Gazette”; “State Government”; “State law”; “State Pardons Board”; and (b) the definition of “Enactment”, “Executive Council”, “Legislative Assembly”, “Legislature”, “Speaker” and “State Seal” shall be deemed to be replaced by the following definitions: “‘Enactment’ means a law made by the Legislature of the State; ‘Executive Council’ means the Executive Council or, where it is so styled, the State Executive Council of the State; ‘Legislative Assembly’ means the representative assembly, however called, in the Legislature of the State; ‘Legislature’ means the authority having power under the Constitution of the State to make laws for the State; ‘Speaker’ means the Speaker of the Legislative Assembly; ‘State Seal’ means the State Seal or, where it is so styled, the Public Seal of the State,”. 4. Section 3 of the applied Act shall be deemed to include the following definitions: “‘State Financial Officer’ means the Financial Officer or, where he is so styled, the State Financial Officer of the State; ‘State Legal Adviser’ means the Legal Adviser or, where he is so styled, the State Legal Adviser of the State; ‘State Secretary’ means the State Secretary of the State;”. 5. Where the adopting State is not Malacca, Negeri Sembilan or Penang, section 3 of the applied Act shall be deemed to include the following definition: “‘Ruler’ means the Ruler of the State (including, in the case of Negeri Sembilan, the Yang di-Pertuan Besar acting on behalf of himself and the Ruling Chiefs).”. 6. Where the adopting State is Malacca or Penang, section 3 of the applied Act shall be deemed to include the following definition: “‘Yang di-Pertua Negeri’ means the Yang di-Pertua Negeri of the State;”. 7. ‘Without prejudice to the generality of section 131 of this Act (and subject to paragraphs 8 to 10), references in DIVISION TWO and section 42 of the applied Act to Acts and to subsidiary legislation shall be deemed to include references to Enactment and to subsidiary legislation made under Enactments. 8. Section 18 of the applied Act shall be replaced by the following provision: “Enactments and subsidiary legislation made thereunder shall be published in the State Gazette.”. 9. Subsection 21(2) of the applied Act shall be replaced by the following provision: “In subsidiary legislation made under an Enactment, ‘the Enactment’ means the Enactment under which the subsidiary legislation was made.”. 10. Section 23 of the applied Act shall be replaced by the following provision: “Any subsidiary legislation that is inconsistent with an Enactment (including the Enactment under which the subsidiary legislation was made) shall be void to the extent of the inconsistency.”. 11. Section 39 of the applied Act shall be without effect. 12. Section 46 of the applied Act shall have effect as if a reference to the Ruler or Yang di-Pertua Negeri of the adopting State was substituted for the reference to the Yang di-Pertuan Agong or a Minister. 13. Section 51 of the applied Act shall have effect as if for references to a Minister, to the Yang di-Pertuan Agong and to another Minister there were substituted references to the Chief Minister or Menteri Besar, to the Ruler or Yang di-Pertua Negeri and to any member of the Executive Council respectively. 14. Sections 63 and 64 of the Applied Act shall be deemed to include in references to the Yang di-Pertuan Agong and the Government references to the Ruler or Yang di-Pertua Negeri and the State Government of the adopting State. 15. The applied Act shall be deemed to contain the following provision, that is to say: “Where any written law which is a State law has been amended by another written law, the Government Printer with the authority of the Chief Minister or Menteri Besar may print copies of the law with the necessary additions, omissions or substitutions effected by the amending law; and any such copy purporting to be so printed shall be presumed, until the contrary is shown, to be the authentic text of the amended law (except in so far as may be specified in the copy) as in force on such date as may be so specified.”. LAWS OF MALAYSIA INTERPRETATION ACTS 1948 AND 1967