Page:Agreement relating to Malaysia (1963).djvu/55






 * (5) The Attorney-General shall, on the application of a party to any proceedings, certify whether any, and if so what, substitution of one party for another is to be made by virtue of sub-sections (2) to (4) in those proceedings or for the purpose of any appeal arising out of them, and any such certificate shall for purposes of the proceedings or any such appeal, be final and binding on all courts, but shall not operate to prejudice the rights and obligations of the Federation and any State as between themselves.

78. (1) Where in a Borneo State or in Singapore the State government on Malaysia Day retains responsibility for any matter by reason—


 * (a) of the matter being included for a limited period in the Concurrent List; or


 * (b) of the making of an order under Article 95C of the Constitution empowering the State Legislature to pass laws about the matter ;

but the matter would otherwise have become on Malaysia Day the responsibility of the Federal Government, then (subject to federal law) on that matter becoming the responsibility of the Federal Government sections 75 and 76 and sub-sections (2) to (5) of section 77 shall apply in connection with the transfer of responsibility for that matter with the substitution of references to the day on which it does so for the references to Malaysia Day.


 * (2) Where in a Borneo State or in Singapore the State government retains responsibility for any matter under a present law of the State continued in force under section 73, but the matter would otherwise have become on that day the responsibility of the Federal Government, then—


 * (a) the purposes of that law shall not be treated as federal purposes within the meaning of section 75 so long as the State government retains the responsibility thereunder; and


 * (b) sub-section (1) shall apply as it applies where the State government retains responsibility for the reasons there mentioned.


 * 79. (1) There shall on Malaysia Day vest in the Federal Lands Commissioner (without payment) any land in Singapore which is then leased or agreed to be leased by or on behalf of the State to, the Services' Lands Board for the purposes specified in section 72 of the Singapore (Constitution) Order in Council, 1958.


 * (2) Land vested in the Federal Lands Commissioner by sub-section (1) shall vest in him for the term for which it was leased or