Page:Agreement relating to Malaysia (1963).djvu/170



101. (1) Save where other provision is made by this Constitution, any person who, under the provisions of this Part of this Constitution, holds any office as from the coming into operation of this Constitution by virtue of having been the holder of any office before its coming into operation shall, as from its enquiry into operation, be entitled to the same terms of service as were applicable to him immediately before its coming into operation, and those terms, in so far as they relate to remuneration, shall not be altered to his disadvantage during his continuance in the public service thereafter.

(2) For the purposes of this Article, in so far as the terms of service of any person depend upon his option, any terms for which he opts shall be taken to be more advantageous to him than any for which he might have opted.

102. (1) Where on Malaysia Day or any day thereafter any post in the public service becomes a post in the general public service or the judicial and legal service of the Federation any person serving service to in that post before that day shall on that day be Federal seconded to the general public service or the judicial and legal service of the Federation, as the case may be.


 * (2) Clause (1) of this Article shall not apply to persons in such grades of service as the Yang di-Pertuan Negara may, with the consent of the Yang di-Pertuan Agong, direct.


 * (3) The power conferred by clause (2) of this Article may be exercised at any time after the publication of this Constitution in the Gazette.

103. (1) Subject to the provisions of this Article, all property and assets which immediately before the coming into operation of this Constitution were vested in Her Majesty for the purposes of the State shall on its coming into operation vest in the State.


 * (2) Subject to the provisions of the Federal Constitution any land in the State which immediately before the coming into operation of this Constitution was vested in Her Majesty shall on its coming into operation vest in the State.


 * (3) Any property which was immediately before the coming into operation of this Constitution liable to escheat to Her Majesty in respect of the Government shall on its coming into operation be liable to escheat to the State.

104. (1) All rights, liabilities and obligations of Her Majesty in respect of the Government shall on and after the coming into operation of this Constitution be rights, liabilities and obligations of the State.


 * (2) In this Article, rights, liabilities and obligations include rights, liabilities and obligations arising from contract or otherwise, other than rights to which Article 103 of this Constitution applies.