For a long time in Malaysia, generally both the Federal Government and the State government were Barisan Nasional governments - and as such the fact of the division of powers between States and the Federation took a back seat. After all, the Prime Minister was even "choosing" the Menteri Besars/Chief Ministers for a long time. Of course after this GE2008, even BN governed states have asserted the rights of States to choose their own head of government - we saw this in Perlis and Trengganu.
Now that the opposition coalition known as "Pakatan Rakyat" is government in FIVE states, State Government must begin to exercise their powers and not just allow the Federal government to reign supreme. When the States formed the Federation, save for Sabah and Sarawak, most States seemed to have surrendered most of their powers and rights......
TODAY the various states must re-look at their own powers and rights, and also exercise them.....and for guidance, below is attached the provisions in our Federal Constitution what is stated with regard to the powers/areas which are still in the hands of the State and areas that are under the Federal Government.
For some in the Pakatan Rakyat - they still do behave like "Opposition MPs and/or ADUNs" forgetting that today they are actually the GOVERNMENT in 5 States, including the most important states of Selangor and Penang. When not in government, all that Opposition MPs/ADUNs needed to do was to be with the people and HIGHLIGHT matters....but that is not the case today. Reading in Malaysiakini, that a Selangor State Exco was calling on the Federal Minister to "turun padang" and resolve a matter in the State of Selangor was rather humourous.
Finally at the end of the day, Abdullah Ahmad Badawi and his BN government seem to have scored points when they came out and ORDERED that the toll free access road be kept open for the BMC residents
"...There is finally some good news for Bandar Mahkota Cheras (BMC) residents - the federal government has ordered that the controversial toll-free access road in their neighbourhood to remain open...." (Cabinet wants BMC access road kept open, 30/5/2008, Malaysiakini)
Compatively, the Khalid Ibrahim led Pakatan Rakyat Selangor government fared badly ---
a) One of their solution was calling for an EGM of the toll operator Grand Saga to seek explanations (note the Selangor state-owned company certainly did not control majority shares in Grand Saga) - so would we have got anything done by taking this course of action?? [S'gor MB: State firm owns stake in Grand Saga, Malaysiakini 28/5/2008 - see below]
b) Of course, after this problems between the people of Selangor and Grand Saga flared-up again in April 2008, allegedly following a letter from the Land Office (i.e. the Selangor's Hulu Langat Land Office)
"...The Hulu Langat land office has confirmed than highway concessionaire Grand Saga has no rights over a stretch of road in Bandar Mahkota Cheras (BMC), over which it has had a long-running dispute with residents.....In a letter, assistant district officer Norhanizatuazwin Samsuni stated that Jalan Cheras Lama was acquired by BMC developer Narajaya Sdn Bhd, according to the Selangor government gazette dated May 27, 2003."('Confirmed - residents can tear down concrete barrier", Malaysiakini, 29/4/2008)
And the rakyat, in trying to enforce their rights, were beaten, tear-gassed, etc... and then suddenly on 28/5/2008, it is revealed the the Selangor government was actually a "party" that had been causing suffering to its own people ---- Why do I say that? Well, because it OWNED part of that "Grand Saga", that company that was building re-building that barricade, and preventing the demolitions.... and all that the Selangor Menteri Besar wanted to do was to call for an EGM in this private company.
""The Selangor government - through its state-owned company - will call for an emergency general meeting of toll operator Grand Saga within the next two weeks to settle the on-going Cheras toll saga. ...Menteri Besar Khalid Ibrahim revealed today that the call for the EGM would be made through state company Kumpulan Perangsang Selangor which indirectly owns a stake in Grand Saga...." [Khalid: Grand Saga EGM in 2 weeks, Malaysiakini 29/5/2008]
This issue is NOT an issue between 2 or 3 or 4 private companies - it was a matter of the people of Selangor, and its GOVERNMENT. It was so sad that the State Government did not use its powers and maybe ORDER that the access road be kept opened, and ensured thereafter that it was -- rather than just talking about calling for an EGM of the Grand Saga, etc
The government should place human beings as the priority - and their life and livelihood should be the priority.
Let us also not forget that LAND is a State Matter - the Selangor government could have solved the matter - or at least ensured a "temporary solution", as is now after the Ferderal Cabinet ordered it ... - BUT they did not.
If I was state government, I would have asked that Grand Saga to back-off, and leave that toll-free access-road open --- for if not, there will be consequences. Maybe, the company, their Directors and their major shareholders could be black-listed with regard to any or all future projects, tenders, etc.... Maybe the Land acquisition Act may be used. Maybe the Selangor government would build alternate "toll-free" roads for its people where there are toll roads operated by Grand Saga....
Maybe, even the Selangor government could acquire majority shares and thereafter also decide that there be no more toll collections --- after all Khalid Ibrahim, the man who some say was responsible of getting Guthrie Plantations from being a foreign controlled entity into a Malaysian company is the Selangor Menteri Besar.
RELATIONS BETWEEN THE FEDERATION AND THE STATES
CHAPTER 1 - DISTRIBUTION OF LEGISLATIVE POWERS
73. Extent of federal and State laws.
In exercising the legislative powers conferred on it by this Constitution -
(a) Parliament may make laws for the whole or any part of the Federation and laws having effect outside as well as within the Federation;
(b) the Legislature of a State may make laws for the whole or any part of that State.
74. Subject matter of federal and State laws.
(1) Without prejudice to any power to make laws conferred on it by any other Article, Parliament may make laws with respect to any of the matters enumerated in the Federal List or the Concurrent List (that is to say, the First or Third List set out in the Ninth Schedule).
(2) Without prejudice to any power to make laws conferred on it by any other Article, the Legislature of a State may make laws with respect to any of the matters enumerated in the State List (that is to say, the Second List set out in the Ninth Schedule) or the Concurrent List.
(3) The power to make laws conferred by this Article is exercisable subject to any conditions or restrictions imposed with respect to any particular matter by this Constitution.
(4) Where general as well as specific expressions are used in describing any of the matter enumerated in the Lists set out in the Ninth Schedule the generality of the former shall not be taken to be limited by the latter.
75. Inconsistencies between federal and State laws.
If any State law is inconsistent with a federal law, the federal law shall prevail and the State law shall, to the extent of the inconsistency, be void.
76. Power of Parliament to legislate for States in certain cases.
(1) Parliament may make laws with respect to any matter enumerated in the State List, but only as follows, that is to say:
(a) for the purpose of implementing any treaty, agreement or convention between the Federation and any other country, or any decision of an international organisation of which the Federation is a member; or
(b) for the purpose of promoting uniformity of the laws of two or more States; or
(c) if so requested by the Legislative Assembly of any State.
(2) No law shall be made in pursuance of paragraph (a) of Clause (1) with respect to any matters of Islamic law or the custom of the Malays or to any matter of native law or custom in the States of Sabah and Sarawak and no Bill for a law under that paragraph shall be introduced into either House of Parliament until the Government of any State concerned has been consulted.
(3) Subject to Clause (4), a law made in pursuance of paragraph (b) or paragraph (c) of Clause (1) shall not come into operation in any State until it has been adopted by a law made by the Legislature of that State, and shall then be deemed to be a State law and not a federal law, and may accordingly be amended or repealed by a law made by that Legislature.
(4) Parliament may, for the purpose only of ensuring uniformity of law and policy, make laws with respect to land tenure, the relations of landlord and tenant, registration of titles and deeds relating to land, transfer of land, mortgages, leases and charges in respect of land, easements and other rights and interests in land, compulsory acquisition of land, rating and valuation of land, and local government; and Clauses (1) (b) and (3) shall not apply to any law relating to any such matter.
76A. Power of Parliament to extend legislative powers of States.
(1) It is hereby declared that the power of Parliament to make laws with respect to a matter enumerated in the Federal List includes power to authorise the Legislatures of the States or any of them, subject to such conditions or restrictions (if any) as Parliament may impose, to impose, to make laws with respect to the whole or any part of that matter.
(2) Notwithstanding Article 75, a State law made under authority conferred by Act of Parliament as mentioned in Clause (1) may, if and to the extent that the Act so provides, amend or repeal (as regards the State in question) any federal law passed before that Act.
(3) Any matter with respect to which the Legislature of a State is for the time being authorised by Act of Parliament to make laws shall for purposes of Articles 79, 80 and 82 be treated as regards the State in question as if it were a matter enumerated in the Concurrent List.
77. Residual power of legislation.
The Legislature of a State shall have power to make laws with respect to any matter not enumerated in any of the Lists set out in the Ninth Schedule, not being a matter in respect of which Parliament has power to make laws.
FEDERAL CONSTITUTION
ACT 000
NINTH SCHEDULE
[Articles 74, 77]
LEGISLATIVE LISTS
LIST I - FEDERAL LIST
1. External affairs, including -
(a) Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country;
(b) Implementation of treaties, agreements and conventions with other countries;
(c) Diplomatic, consular and trade representation;
(d) International organizations; participation in international bodies and implementation of decisions taken thereat;
(e) Extradition; fugitive offenders; admission into, and emigration and expulsion from, the Federation;
(f) Passports; visas; permits of entry or other certificates; quarantine;
(g) Foreign and extra-territorial jurisdiction; and
(h) Pilgrimages to places outside Malaysia.
2. Defence of the Federation or any part thereof, including -
(a) Naval, military and air forces and other armed forces;
(b) Any armed forces attached to or operating with any of the armed forces of the Federation; visiting forces;
(c) Defence works; military and protected areas; naval, military and air force bases, barracks, aerodromes and other works;
(d) Manoeuvres;
(e) War and peace; alien enemies and enemy aliens; enemy property; trading with an enemy; war damage; war risk insurance;
(f) Arms, fire-arms, ammunition and explosives;
(g) National service; and
(h) Civil defence.
3. Internal security, including -
(a) Police; criminal investigation; registration of criminals; public order;
(b) Prisons, reformatories; remand homes; places of detention; probation of offenders; juvenile offenders;
(c) Preventive detention; restriction of residence;
(d) Intelligence services; and
(e) National registration.
4. Civil and criminal law and procedure and the administration of justice, including -
(a) Constitution and organization of all courts other than Syariah Courts;
(b) Jurisdiction and powers of all such courts;
(c) Remuneration and other privileges of the judges and officers presiding over such courts;
(d) Persons entitled to practise before such courts;
(e) Subject to paragraph (ii), the following :
(i) Contract; partnership, agency and other special contracts; master and servant; inns and inn-keepers; actionable wrongs; property and its transfer and hypothecation, except land; bona vacantia; equity and trusts; marriage, divorce and legitimacy; married women"s property and status; interpretation of federal law; negotiable instruments; statutory declarations; arbitration; mercantile law; registration of businesses and business names; age of majority; infants and minors; adoption; succession, testate and intestate; probate and letters of administration; bankruptcy and insolvency; oaths and affirmations; limitation; reciprocal enforcement of judgments and orders; the law of evidence;
(ii) the matters mentioned in paragraph (i) do not include Islamic personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate and intestate;
(f) Official secrets; corrupt practices;
(g) Use or exhibition of coats of arms, armorial bearings, flags, emblems, uniforms, orders and decorations other than those of a State;
(h) Creation of offences in respect of any of the matters included in the Federal List or dealt with by federal law;
(i) Indemnity in respect of any of the matters in the Federal List or dealt with by federal law;
(j) Admiralty Jurisdiction;
(k) Ascertainment of Islamic law and other personal laws for purposes of federal law; and
(l) Betting and lotteries.
5. Federal citizenship and naturalization; aliens.
6. The machinery of government, subject to the State List, but including -
(a) Elections to both Houses of Parliament and the Legislative Assemblies of the States and all matters connected therewith;
(b) The Armed Forces Council and the Commissions to which Part X applies;
(c) Federal services including the establishment of services common to the Federation and the States; services common to two or more States;
(d) Pensions and compensation for loss of office; gratuities and conditions of service;
(e) Government and administration of the Federal Territories of Kuala Lumpur, Labuan and Putrajaya including,Islamic law therein to the same extent as provided in item I in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;
[Am. Act A1095 - Prior text read - Government and administration of the Federal Territories of Kuala Lumpur and Labuan including Islamic law therein to the same extent as provided in item 1 in the State List and in respect of the Federal Territory of Labuan, native law and custom to the same extent as provided in item 13 of the Supplement to State List for States of Sabah and Sarawak;]
(f) Federal Government contracts;
(g) Federal public authorities; and
(h) Purchase, acquisition and holding of, and dealing with property for federal purposes.
7. Finance, including -
(a) Currency, legal tender and coinage;
(b) National savings and savings banks;
(c) Borrowing on the security of the Federal Consolidated Fund;
(d) Loans to or borrowing by the States, public authorities and private enterprise;
(e) Public debt of the Federation;
(f) Financial and accounting procedure, including procedure for the collection, custody and payment of the public moneys of the Federation and of the States, and the purchase, custody and disposal of public property other than land of the Federation and of the States;
(g) Audit and accounts of the Federation and the States and other public authorities;
(h) Taxes; rates in the federal capital;
(i) Fees in respect of any of the matters in the Federal List or dealt with by federal law;
(j) Banking; money-lending; pawnbrokers; control of credit;
(k) Bills of exchange, cheques; promissory notes and other similar instruments;
(l) Foreign exchange; and
(m) Capital issues; stock and commodity exchanges.
8. Trade, commerce and industry, including -
(a) Production, supply and distribution of goods; price control and food control; adulteration of foodstuffs and other goods;
(b) Imports into, and exports from, the Federation;
(c) Incorporation, regulation and winding up of corporations other than municipal corporations (but including the municipal corporation of the federal capital); regulation of foreign corporations; bounties on production in or export from the Federation;
(d) Insurance, including compulsory insurance;
(e) Patents; designs; inventions; trade marks and mercantile marks; copyrights;
(f) Establishment of standards of weights and measures;
(g) Establishment of standards of quality of goods manufactured in or exported from the Federation;
(h) Auctions and auctioneers;
(i) Industries; regulation of industrial undertakings;
(j) Subject to item 2 (c) in the State List: Development of mineral resources; mines, mining, minerals and mineral ores; oils and oilfields; purchase, sale, import and export of minerals and mineral ores; petroleum products; regulation of labour and safety in mines and oilfields;
(k) Factories; boilers and machinery; dangerous trades; and
(l) Dangerous and inflammable substances.
9. Shipping, navigation and fisheries, including -
(a) Shipping and navigation on the high seas and in tidal and inland waters;
(b) Ports and harbours; foreshores;
(c) Lighthouses and other provisions for the safety of navigation;
(d) Maritime and estuarine fishing and fisheries, excluding turtles;
(e) Light dues; and
(f) Wrecks and salvage.
10. Communications and transport, including -
(a) Roads, bridges, ferries and other means of communication if declared to be federal by or under federal law;
(b) Railways, excluding Penang Hill Railway;
(c) Airways, aircraft and air navigation; civil aerodromes; provisions for the safety of aircraft;
(d) Regulation of traffic by land, water and air other than on rivers outside harbour areas wholly within one State;
(e) Carriage of passengers and goods by land, water and air;
(f) Mechanically propelled vehicles;
(g) Posts and telecommunications; and
(h) Wireless, broadcasting and television.
11. Federal works and power, including -
(a) Public works for federal purposes;
(b) Water supplies, rivers and canals, except those wholly within one State or regulated by an agreement between all the States concerned; production, distribution and supply of water power; and
(c) Electricity; gas and gas works; and other works for the production and distribution of power and energy.
12. Surveys, inquiries and research, including -
(a) Census; registration of births and deaths; registration of marriages; registration of adoptions other than adoptions under Islamic law or Malay custom;
(b) Survey of the Federation; social, economic and scientific surveys; meteorological organizations;
(c) Scientific and technical research; and
(d) Commissions of inquiry.
13. Education, including -
(a) Elementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies;
(b) Libraries; museums; ancient and historical monuments and records; archaeological sites and remains.
14. Medicine and health including sanitation in the federal capital, and including -
(a) Hospitals, clinics and dispensaries; medical profession; maternity and child welfare; lepers and leper institutions;
(b) Lunacy and mental deficiency, including places for reception and treatment;
(c) Poisons and dangerous drugs; and
(d) Intoxicating drugs and liquors; manufacture and sale of drugs.
15. Labour and social security, including -
(a) Trade unions; industrial and labour disputes; welfare of labour including housing of labourers by employers; employer"s liability and workmen"s compensation;
(b) Unemployment insurance; health insurance; widow"s, orphans" and old age pensions; maternity benefits; provident and benevolent funds; superannuation; and
(c) Charities and charitable institutions; charitable trusts and trustees excluding Wakafs; Hindu endowments.
16. Welfare of the aborigines.
17. Professional occupations other than those specifically enumerated.
18. Holidays other than State holidays; standard of time.
19. Unincorporated societies.
20. Control of agricultural pests; protection against such pests; prevention of plant diseases.
21. Newspapers; publications; publishers; printing and printing presses.
22. Censorship.
23. Subject to item 5 (f) of the State List: theatres; cinemas; cinematography films; places of public amusement.
24. (Repealed).
25. Co-operative societies.
25A. Tourism.
26. Subject to item 9A of the Concurrent List, prevention and extinguishment of fire, including fire services and fire brigades.
27. All matters relating to the Federal Territories, including the matters enumerated in items 2, 3, 4 and 5 of the State List and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State List for States of Sabah and Sarawak.
[Am. Act A1095 - Prior text read - All matters relating to the Federal Territory, including the matters enumerated in items 2, 3, 4 and 5 of the State List and in the case of the Federal Territory of Labuan, the matters enumerated in items 15, 16 and 17 of the Supplement to State List for States of Sabah and Sarawak.]
LIST II - STATE LIST
1. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts; Wakafs and the DEFINITION and regulation of charitable and religious trusts, the appointment of trustees and the incorporation of persons in respect of Islamic religious and charitable endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs; Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, Organisation and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom.
[Am. Act 1095 - Prior text read - Except with respect to the Federal Territories of Kuala Lumpur and Labuan, Islamic law and personal and family law of persons professing the religion of Islam, including the Islamic law relating to succession, testate and intestate, betrothal, marriage, divorce, dower, maintenance, adoption, legitimacy, guardianship, gifts, partitions and non-charitable trusts; Wakafs and the DEFINITION and regulation of charitable and religious trusts, the appointment of trustees and the incorporation of persons in respect of Islamic religious and charitable endowments, institutions, trusts, charities and charitable institutions operating wholly within the State; Malay customs; Zakat, Fitrah and Baitulmal or similar Islamic religious revenue; mosques or any Islamic public places of worship, creation and punishment of offences by persons professing the religion of Islam against precepts of that religion, except in regard to matters included in the Federal List; the constitution, organisation and procedure of Syariah courts, which shall have jurisdiction only over persons professing the religion of Islam and in respect only of any of the matters included in this paragraph, but shall not have jurisdiction in respect of offences except in so far as conferred by federal law, the control of propagating doctrines and beliefs among persons professing the religion of Islam; the determination of matters of Islamic law and doctrine and Malay custom.]
2. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, land including-
[Am. Act 1095 - Prior text read -Except with respect to the Federal Territories of Kuala Lumpur and Labuan, land including -]
(a) Land tenure, relation of landlord and tenant; registration of titles and deeds relating to land; colonization, land improvement and soil conservation; rent restriction;
(b) Malay reservations or, in the States of Sabah and Sarawak, native reservations;
(c) Permits and licences for prospecting for mines; mining leases and certificates;
(d) Compulsory acquisition of land;
(e) Transfer of land, mortgages, leases and charges in respect of land; easements; and
(f) Escheat; treasure trove excluding antiquities.
3. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, agriculture and forestry, including-
[Am. Act 1095 - Prior text read - Except with respect to the Federal Territories of Kuala Lumpur and Labuan, agriculture and forestry, including -]
(a) Agriculture and agricultural loans; and
(b) Forests.
4. Local government outside the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, including-
[Am. Act 1095 - Prior text read - Local government outside the Federal Territories of Kuala Lumpur and Labuan, including -]
(a) Local administration; municipal corporations; local, town, and rural board and other local authorities; local government services, local rates, local government elections;
(b) Obnoxious trades and public nuisances in local authority areas; and
(c)(Repealed).
5. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya, other services of a local character, that is to say:
[Am. Act 1095 - Prior text read -Except with respect to the Federal Territories of Kuala Lumpur and Labuan, other services of a local character, that is to say:
(a)(Repealed);
(b) Boarding houses and lodging houses;
(c) Burial and cremation grounds;
(d) Pounds and cattle trespass;
(e) Markets and fairs; and
(f) Licensing of theatres, cinemas and places of public amusement.
6. State works and water, that is to say:
(a) Public works for State purposes;
(b) Roads, bridges and ferries other than those in the Federal List, regulation of weight and speed of vehicles on such roads; and
(c) Subject to the Federal List, water (including rivers and canals but excluding water supplies and services); control of silt; riparian rights.
[Subs. Act A1239]
7. Machinery of the State Government, subject to the Federal List, but including -
(a) Civil List and State pensions;
(b) Exclusive State services;
(c) Borrowing on the security of the State Consolidated Fund;
(d) Loans for State purposes;
(e) Public debt of the State; and
(f) Fees in respect of any of the matters included in the State List or dealt with by State law.
8. State holidays.
9. Creation of offences in respect of any of the matters included in the State List or dealt with by State law, proofs of State law and of things done thereunder, and proof of any matter for purposes of State law.
10. Inquiries for State purposes, including commissions of inquiry and collection of statistics with respect to any of the matters included in the State List or dealt with by State law.
11. Indemnity in respect of any of the matters in the State List or dealt with by State law.
12. Turtles and rivering fishing.
12A. Libraries, museums, ancient and historical monuments and records and archaeological sites and remains, other than those declared to be federal by or under federal law.
LIST IIA - SUPPLEMENT TO STATE LIST FOR STATES OF SABAH AND SARAWAK
[Articles 95B (1) (a)]
13. Native law and custom, including the personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate; registration of adoptions under native law or custom; the determination of matters of native law or custom; the constitution, organization, and procedure of native courts (including the right of audience in such courts), and the jurisdiction and powers of such courts, which shall extend only to the matters included in this paragraph and shall not include jurisdiction in respect of offences except in so far as conferred by federal law.
14. Incorporation of authorities and other bodies set up by State law, if incorporated directly by State law, and regulation and winding-up of corporations so created.
15. Ports and harbours, other than those declared to be federal by or under federal law; regulation of traffic by water in ports and harbours or on rivers wholly within the State, except traffic in federal ports or harbours; foreshores.
16. Cadastral land surveys.
17. (Repealed).
18. In Sabah, the Sabah Railway.
19. (Repealed).
20. Subject to the Federal List, water supplies and services.
[Ins. Act A1239]
LIST IIB - (REPEALED)
LIST III - CONCURRENT LIST
1. Social welfare; social services subject to Lists I and II; protection of women, children and young persons.
2. Scholarships
3. Protection of wild animals and wild birds; National Parks.
4. Animal husbandry; prevention of cruelty to animals; veterinary services; animal quarantine.
5. Town and country planning, except in the federal capital.
6. Vagrancy and itinerant hawkers.
7. Public health, sanitation (excluding sanitation in the federal capital) and the prevention of diseases.
8. Drainage and irrigation.
9. Rehabilitation of mining land and land which has suffered soil erosion.
9A. Fire safety measures and fire precautions in the construction and maintenance of buildings.
9B. Culture and sports.
9C. Housing and provisions for housing accommodation; improvement trusts.
9D. Subject to the Federal List, water supplies and services.
9E. Preservation of heritage.
[Ins. Act A1239]
LIST IIIA - SUPPLEMENT TO CONCURRENT LIST FOR STATES OF SABAH AND SARAWAK
[Article 95B (1) (b)]
10. Personal law relating to marriage, divorce, guardianship, maintenance, adoption, legitimacy, family law, gifts or succession, testate or intestate.
11. Adulteration of foodstuffs and other goods.
12. Shipping under fifteen registered tons, including the carriage of passengers and goods by such shipping; maritime and estuarine fishing and fisheries.
13. The production, distribution and supply of water power and of electricity generated by water power.
14. Agricultural and forestry research, control of agricultural pests, and protection against such pests; prevention of plant diseases.
15. Charities and charitable trusts and institutions in the State (that is to say, operating wholly within, or created and operating in, the State) and their trustees, including the incorporation thereof and the regulation and winding-up of incorporated charities and charitable institutions in the State.
16. Theatres; cinemas; cinematography films; places of public amusement.
17. Elections to the State Assembly held during the period of indirect elections.
18. In Sabah until the end of the year 1970 (but not in Sarawak), medicine and health, including the matters specified in items 14 (a) to (d) of the Federal List.
LIST IIIB - (REPEALED)
-----------------------
| S'gor MB: State firm owns stake in Grand Saga |
| Rahmah Ghazali & S Pathamawathy | May 28, 08 3:08pm |
| Selangor Menteri Besar Abdul Khalid Ibrahim revealed today that a state-owned company holds a sizable stake in toll concessionaire Grand Saga, which is embroiled in a dispute with Bandar Mahkota Cheras (BMC) residents.
Khalid did not name the state-owned company. It is learnt that state investment arm Kumpulan Perangsang Selangor indirectly owns a portion of Grand Saga [see chart below]. He noted that the concessionaire wants to ensure that traffic will flow into the toll road, to enhance revenue."I have spoken to the works minister and we are in discussion to find ways to resolve the issue," Khalid said. Saying that he stands by the BMC residents, he added that the slip road should be opened for the benefit of the community. Calling for an EGM Later at a press conference held in Shah Alam after the Selangor state exco meeting, Khalid said that the government, in its capacity as a shareholder in Grand Saga, would be calling for an emergency general meeting (EGM) of the company to seek explanation on the company's stern stand on the barricade matter.
He urged the residents to stay calm while the state government takes steps to solve the issue, adding that the matter also involved the federal government by virtue of the role played by LLM in the matter. "However, we are taking this matter very seriously," he said. A win-win situation BMC developer Narajaya and Grand Saga are involved in a land ownership tussle over part of Jalan Cheras Lama. Grand Saga had built a concrete barricade to block this toll-free access road to the highway, angering BMC residents who have torn it down three times to date. Late yesterday, they made another attempt, resulting in a fracas with 'hired thugs' that left a bloody trail of injuries.
|
“We are holding an executive council meeting this evening and we will come up with our position. I have to listen to all the facts and study the reason why the situation has to come to this stage,” he told reporters at the Parliament lobby.
He said the state also wanted an explanation on the alleged use of thugs by Grand Saga against the residents.
When asked why the state government did not intervene during last night's 
"But what made the barricades being built again is questioned," he said.
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