Page:Agreement relating to Malaysia (1963).djvu/86




 * 1. (1) There shall be a Head of State for Sabah, to be called the Yang Yang di-Pertua Negara, who shall be appointed by the Yang di-Pertuan Agong acting in his discretion but after consultation with the Chief Minister.


 * (2) The Yang di-Pertua Negara shall be appointed for a term of four years but may at any time resign his office by writing under his hand addressed to the Yang di-Pertuan Agong, and may be removed from office by the Yang di-Pertuan Agong in pursuance of an address by the Legislative Assembly supported by the votes of not less than two-thirds of the total number of the members thereof.


 * (3) The Yang di-Pertuan Agong, acting in his discretion but after consultation with the Chief Minister, may appoint a person to exercise the functions of the Yang di-Pertua Negara during any period during which the Yang di-Pertua Negara is unable to do so himself owing to illness, absence or any other cause ; but no person shall be so appointed unless he would be qualified to be appointed as Yang di-Pertua Negara.


 * (4) A person appointed under clause (3) may take the place of the Yang di-Pertua Negara as a member of the Conference of Rulers during any period during which, under that clause, he may exercise the functions of the Yang di-Pertua Negara.


 * 2. (1) A person who is not a citizen or is a citizen by naturalisation shall not be appointed as Yang di-Pertua Negara.


 * (2) The Yang di-Pertua Negara shall not hold any office of profit and shall not actively engage in any commercial enterprise.


 * 3. The Legislature shall by law provide a Civil List of the Yang di-Pertua Negara, which shall be a charge on and paid out of the Consolidated Fund and shall not be diminished during his continuance in office.


 * 4. The Yang di-Pertua Negara, and any person appointed under Clause (3) of Article 1, shall before exercising his functions take and subscribe in the presence of the Chief Justice or of a Judge of the High Court an oath in the form set out in Part I of the Schedule.


 * 5. (1) The executive authority of the State shall be vested in the Yang di-Pertua Negara but executive functions may by law be conferred on other persons.