Malaysia's Constitution of 1957 with Amendments through 1996
57. Speaker and Deputy Speakers of the House of Representatives
1. The House of Representatives shall from time to time elect—
a. as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member; and
b. two Deputy Speakers from among members of the House, and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.
1A. Any person elected as Speaker who is not a member of the House of Representatives—
a. shall, before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and
b. shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46: Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.
2. The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacant his office—
a. when the House first meets after a general election;
b. on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member; bb. upon being disqualified under Clause (5); c. if the House at any time so resolves.
2A. A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office—
a. on his ceasing to be a member of the House;
b. if the House at any time so resolves.
3. During any vacancy in the office of Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.
4. If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office. constituteproject.org PDF generated: 14 Apr 2014, 20:53 Malaysia 1957 (rev. 1996) Page 26
5. A person who is elected to be Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: Provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
6. Where any question arises regarding the disqualification of the Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.
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57. Speaker and Deputy Speakers of the House of Representatives
1. The House of Representatives shall from time to time elect—
a. as Yang di-Pertua Dewan Rakyat (Speaker), a person who either is a member of the House or is qualified for election as such a member; and
b. two Deputy Speakers from among members of the House, and the House shall, subject to Clause (3), transact no business while the office of Speaker is vacant other than the election of a Speaker.
1A. Any person elected as Speaker who is not a member of the House of Representatives—
a. shall, before he enters upon the duties of his office, take and subscribe before the House the oath of office and allegiance set out in the Sixth Schedule; and
b. shall, by virtue of holding his office, be a member of the House additional to the members elected pursuant to Article 46: Provided that paragraph (b) shall not have effect for the purposes of any of the following provisions of this Constitution, that is to say, Articles 43, 43A, 43B, 50 to 52, 54 and 59; and no person shall be entitled by virtue of that paragraph to vote on any matter before the House.
2. The Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacant his office—
a. when the House first meets after a general election;
b. on his ceasing to be a member of the House otherwise than by reason of a dissolution thereof or, if he is a member by virtue only of paragraph (b) of Clause (1A), on his ceasing to be qualified to be a member; bb. upon being disqualified under Clause (5); c. if the House at any time so resolves.
2A. A Deputy Speaker may at any time resign his office by writing under his hand addressed to the Clerk of the House of Representatives, and shall vacate his office—
a. on his ceasing to be a member of the House;
b. if the House at any time so resolves.
3. During any vacancy in the office of Speaker or during any absence of the Speaker from any sitting, otherwise than by reason of the House first meeting after a general election, one of the Deputy Speakers or, if both the Deputy Speakers are absent or if both their offices are vacant, such other member as may be determined by the rules of procedure of the House, shall act as Speaker.
4. If a member of the Legislative Assembly of a State is chosen to be Speaker he shall resign from the Assembly before exercising the functions of his office. constituteproject.org PDF generated: 14 Apr 2014, 20:53 Malaysia 1957 (rev. 1996) Page 26
5. A person who is elected to be Speaker shall be disqualified from holding such office if after three months of his election to such office or at any time thereafter he is or becomes a member of any board of directors or board of management, or an officer or employee, or engages in the affairs or business, of any organisation or body, whether corporate or otherwise, or of any commercial, industrial or other undertaking, whether or not he receives any remuneration, reward, profit or benefit from it: Provided that such disqualification shall not apply where such organisation or body carries out any welfare or voluntary work or objective beneficial to the community or any part thereof, or any other work or objective of a charitable or social nature, and the member does not receive any remuneration, reward, profit or benefit from it.
6. Where any question arises regarding the disqualification of the Speaker under Clause (5) the decision of the House of Representatives shall be taken and shall be final.
