28. SARAWAK NEW CONSTITUTION 1941 (Part 4)

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6. (i) There should be a Council Negri of twenty five members, fourteen of whom should be official members appointed from the Sarawak Civil Service and eleven of whom shall be unofficial members representative as far as practicable of the several peoples dwelling within the State of their various interests.

(ii) The following officers shall be official members of the Council Negri ex-officio: The Chief Secretary, The Treasurer of Sarawak, The Resident First Division, The Resident Second Division, The Resident Third Division, The Resident Fourth Division, The Resident Fifth Division, The Secretary for Native Affairs and The Secretary for Chinese Affairs. Five other official members shall be appointed by name of the Rajah in Council and shall hold office during the pleasure of the Rajah in Council.

(iii) The unofficial members of the Council Negri shall be appointed by the Rajah in Council and shall hold office for a period of three years: Provided that on the expiration of his term of office a member of the Council Negri may always be reappointed: and Provided further that an unofficial member who without reasonable excuse fails to attend two consecutive meetings of the Council Negri may be removed by the Rajah in Council.

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(iv) Nothing in this section shall prevent an unofficial member of the Council Negri from resigning such membership if he so desires.

(v) Five members of the Council Negri shall constitute a quorum for the transaction of business.

7. (i) At least five members of the Council Negri shall be natives of Sarawak.

(ii) The fact that a native of Sarawak is a member of the Sarawak Civil Service shall be no bar to his being appointed an unofficial member of the Council Negri.

8. If a member of the Council Negri shall be absent from Sarawak or ill or in any way incapacitated from attending a meeting of the Council Negri or, by virtue of being appointed to act in an office, become temporarily an ex-officio member of the Council Negri, the Rajah in Council may appoint a person to take the place of such member, and such person shall have all the rights and privileges of a member of the Council Negri until the member in whose place he is appointed ceases to be absent or ill or incapacitated or an ex-officio mrmber as the case may be.

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9. Notwithstanding anything in section 6 of this Order and not withstanding the fact that the number of members of the Council may hereby be increased beyond twenty-five, a native of Sarawak, who was a member of  the Council Negri immediately prior to the enactment of this Order, and who is not appointed a member of the Council Negri constituted under the provisions of this Order, shall nevertheless be deemed to be a member of Council Negri and shall have the right of attending all meetings of the Council and of speaking and voting therein until he shall die or resign or cease to be a member of the Sarawak Civil Service, and section 8 of this Order shall have no application in respect of such person.

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