Page:Agreement relating to Malaysia (1963).djvu/167






 * (c) any reference in this Constitution to the holder of any office by the term designating his office shall be construed as including a reference to any person for the time being lawfully performing the functions of that office;


 * (d) any reference in this Constitution to an appointment to any office shall be construed as including a reference to an appointment to perform the functions of that office.


 * (3) Where in this Constitution power is conferred on any person or authority to appoint a person to perform the functions of any office if the holder thereof is unable himself to perform its functions, any such appointment shall not be called in question on the ground that the holder of that office was not unable to perform those functions.


 * (4) For the purposes of this Constitution, the resignation of a member of any body or the holder of any office constituted by this Constitution that is required to be addressed to any person shall be deemed to have effect from the time that it is received by that person:

Provided that, in the case of a resignation that is required to be addressed to the Speaker, the resignation shall, if the office of Speaker is vacant or the Speaker is absent from the State, be deemed to have effect from the time that it is received by the Deputy Speaker on behalf of the Speaker.


 * (5) For the purposes of this Constitution a person shall not be considered as holding a public office by reason of the fact that he is in receipt of any remuneration or allowances (including a pension or other like allowance) in respect of his tenure of the office of Prime Minister, Speaker, Deputy Speaker, Minister, Parliamentary

Secretary, Political Secretary or Member of the Legislative Assembly.


 * (6)(a) Without prejudice to the provisions of clause (2) of this Article, when the holder of any public office is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto.


 * (b) Where two or more persons are holding the same office by reason of an appointment made pursuant to the preceding paragraph, the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office.


 * (7) Where a person is required by the Constitution to take an oath, he shall be permitted, if he so desires, to comply with that requirement by making an affirmation.


 * (8) References in this Constitution to any period shall, so far as the context admits be construed as including references to a period beginning before the date of the coming into operation of this Constitution.