Saturday, September 18, 2010

The States of MALAYSIA ~Kelantan Darul Naim

Kelantan is a state of Malaysia. The capital and royal seat is Kota Bharu. The Arabic honorific of the state is Darul Naim, ("The Blissful Abode").



Kelantan is positioned in the north-east of Peninsular Malaysia. It is bordered by Narathiwat Province of Thailand to the north, Terengganu to the south-east, Perak to the west, and Pahang to the south. To the north-east of Kelantan is the South China Sea.



Kelantan is located in the north-eastern corner of the peninsula, Kelantan, which is said to translate as the "Land of Lightning" (see alternate theories below), is an agrarian state with lush paddy fields, rustic fishing villages and casuarina-lined beaches. Kelantan is home to some of the most ancient archaeological discoveries in Malaysia, including several prehistoric aboriginal settlements

 
The name Kelantan is said to be a corruption of gelam hutan, i.e. the Malay word for the cajuput, or swamp tea tree (Melaleuca leucadendron). Other theories claim the name comes from the Malay word kilatan, 'shiny/glittery' or kolam tanah, 'clay pool'. Kelantan was called Klantan (Thai: กลันตัน) by the Siamese when it was under their influence.

Constitution



The Constitution of Kelantan came into force in 1949 and is divided into two sections:



    * The first part of the laws

    * The second part of the laws enforced upon the people


The Sultan of Kelantan  is the Constitutional Ruler of his State. The role, duties and powers of the Sultan are as laid out in the State's constitution and other state laws. The Constitution proclaims that the executive power of the state is vested in the sultan, that he is the Head of the Religion of Islam in the state and that he is the source of all honours and dignities in the state

 
The State Executive Council is established by the constitution. It is composed of the Menteri Besar, who is its chairman, and ten other members. The Menteri Besar and other members of the council are appointed by the Sultan of Kelantan from members of the State Assembly.

 
Oil Royalties



The Assignment Deed - 9 May 1975



In 1975, an agreement was signed between the Kelantan Chief Minister of the time Datuk Mohammad Nasir, and the Chairman of Petronas, Tengku Razaleigh Hamzah. According to the terms of the agreement, Kelantan was to receive oil royalties of 5 percent a year biannially, for any oil found in Kelantan or her coastal areas. In return, Kelantan grants Petronas to exclusive rights to "petroleum whether lying onshore or offshore of Malaysia". As to the issue arises here is whether Kelantan has the right to claim oil royalties from Federal Government as enumerated in the Assignment Deed. The question arises put so much legal complication and it is trans-border many relevant statues namely Petroleum Development Act 1974, Petroleum Mining Act 1966 and requires legal interpretation on some provisions in Federal Constitution. Being the Supreme Law of the Land, any law or any agreements enacted inconsistent with Federal Constitution shall be void. Since, Malaysia is a federation of 13 states, the division of powers between two level of governments (Central government and State government) are the most important feature in Federal Constitution. Relevant with the issue, Article 76 gives powers to two level of governments accordingly set out in Schedule Ninth. In Schedule 9, List I of the Federal Constitution, the following topics are assigned to the Federal Government:
  • Except as to State rights over permits and licences, the Federal Government has rights over development of mineral resources, mines, mining, minerals and mineral ores, oils and oilfields, petroleum products, safety in mines and oilfields

  • Gas and gasworks, production and distribution of power and energy

  • Foreign and extra-territorial jurisdiction

  • Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country

As for the State Government:
  • Land: Schedule 9 List II, Para 2(a). Under the Interpretation Acts, 1948 and 1967, Section 3, land includes “the surface of the earth … all substances therein… all vegetations and other natural products… whether on or below the surface… and land covered by water”. The territorial waters of Kelantan will come within the definition of “land covered by water”. Territorial waters are defined by Section 4(2) of the Emergency (Essential Powers) Ordinance No 7, 1969. Subject to some exceptions, they refer to three nautical miles.

  • Revenue from lands: Schedule 10, Part III Para 2.

  • In addition to the income from land, one notes that in Article 110[3A] there is provision for discretionary payment on such terms and conditions as maybe prescribed by or under federal law of the export duty on “mineral oils” produced in the state. Petroleum comes within the meaning of “mineral oils” under Section 10 of the Petroleum Development Act.

Capital~Kota Bharu

Royal capital~Kota Bharu

Area Total~14,922 km2 (5,761.4 sq mi)

Pattani control~1603

Siamese control~1842

Japanese occupation~1942-1946

Accession into Federation of Malaya~1948
The Flag of Kelantan
Kelantan Coat of Arms

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