Adulteration of foodstuff theaters cinemas elections

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Adulteration of foodstuff Theaters; cinemas Elections etc 9 th Schedule
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Division of Legislative Powers ( continued ) Inconsistencies between Federal and State Law? The federal law shall prevail: Article 75 FC The city council of Georgetown v The Government state of Penang The petitioner claimed that the enactment and related orders were inconsistent with Local Government Elections Act 1960 and therefore void. The court applied Article 75 and agreed the enactment and related orders were void. Article 75 not applicable if Parliament has no power to pass the relevant Federal law. Ketua Pengarah Jabatan Alam Sekitar v Kajing Tubek the Environmental Quality Act (federal law) read with the Sarawak Natural Resources Ordinance 1949 (state law); where the Act requires to produce environmental impact assessment report, but no such requirement under the Ordinance. Gopal Sri Ram JCA : since it relates to activities involving land, rivers and forests (state list), the applicable law should be the Ordinance, not the Act.
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Division of Legislative Powers (continued) Relationship between Federal and State Constitution There are several important provisions pertaining to the matter : Article 4 – Supreme Law of the Federation Provides that Federal Constitution is the Supreme Law of the Federation, any law passed after the Merdeka Day, as far its inconsistency is void. Govt of Kelantan v Govt of Federation of Malaya Held: There is no provision to consult state government or ruler on amending the constitution. Mamat Bin Daud v Govt of Malaysia Charged under S298 PC for creating disharmony among Muslims Held: S.298A PC and CPC were ultra vires to Article 74 of FC since things concerning Islam or Muslims should be enacted by the State not Federal government.
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Division of Executive Powers Provisions on the Division of Executive Powers: Article 80(1) Article 80(4) Article 80(5) Article 93 Article 94 Characteristic of Malaysian Federalism
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Division of Financial Resources Provisions on Financial Resources Article 109 and 110 + (Schedule 10) Article 112B,112C,112D
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