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Co-operative College (Incorporation) Act 1968 (Revised 1990)

LAWS OF MALAYSIA

REPRINT

Act 437

CO-OPERATIVE COLLEGE

(INCORPORATION) ACT 1968

Incorporating all amendments up to 1 January 2006 PUBLISHED BY

THE COMMISSIONER OF LAW REVISION, MALAYSIA

UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH

PERCETAKAN NASIONAL MALAYSIA BHD

2006

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CO-OPERATIVE COLLEGE (INCORPORATION)

ACT 1968

First enacted ... ... ... ... ... ... ... 1968 (Act No. 35 of 1968)

Revised ... ... ... ... ... ... ... 1990 (Act 437 w.e.f. 31 March 1990)

PREVIOUS REPRINT

First Reprint ... ... ... ... ... 2001

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LAWS OF MALAYSIA

Act 437

CO-OPERATIVE COLLEGE (INCORPORATION)

ACT 1968

ARRANGEMENT OF SECTIONS

Section

1. Short title and application

2. Interpretation

3. The Co-operative College of Malaysia and the Council

4. Functions of the College

5. Study Committee

6. Borrowing powers

7. The Fund and Grants

8. Expenditure of the College

9. Investment

10. Annual estimates

11. Accounts and audit

12. Annual report

13. Vesting of property and transfer of rights and liabilities

14. Saving SCHEDULE

4 Laws of Malaysia ACT 437

5Co-operative College (Incorporation)

LAWS OF MALAYSIA

Act 437

CO-OPERATIVE COLLEGE (INCORPORATION)

ACT 1968

An Act to incorporate the Co-operative College of Malaysia, for the purpose of developing and promoting co-operative training and education and to provide for matters connected therewith. [1 November 1968, P.U. 422/1968]

BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Short title and application

1. (1) This Act may be cited as the Co-operative College (Incorporation) Act 1968.

(2) This Act shall apply throughout Malaysia.

Interpretation

2. In this Act-- "financial year" means the period from the first day of January to the thirty-first day of December in a year.

The Co-operative College of Malaysia and the Council

3. (1) The institution which immediately before the commencement of this Act, was known as the Co-operative College of Malaya shall, upon the commencement of this Act be a body corporate by the name of "The Co-operative College of Malaysia" (hereinafter referred to as the "College") with perpetual succession and a common seal, and power to acquire and hold movable or immovable property and to dispose thereof or otherwise deal herewith. 6 Laws of Malaysia ACT 437

(2) The College shall be administered by the Council of the Co-operative College of Malaysia (hereinafter referred to as the "Council") which shall consist of the following members: (a) Secretary General, *Ministry of Entrepreneurial and Co-operative Development as Chairman;

(b) Director General of Co-operative Development as Deputy Chairman;

(c) a representative of the Treasury;

(d) four persons representing rural co-operative movements in Malaysia;

(e) four persons representing urban co-operative movements in Malaysia;

(f) two representatives of the *Ministry of Entrepreneurial and Co-operative Development; and

(g) four other persons.

(3) Members of the Council in paragraphs (2)(d), (e) and (g) shall be appointed by the Minister.

(4) The Minister may give to the Council directions of a general nature not inconsistent with this Act, as to the exercise of its functions under this Act; and the Council shall give effect to such directions.

(5) The Schedule shall have effect with respect to the Council. Functions of the College

4. The functions of the College shall be to develop and promote co-operative education in Malaysia; and for that purpose the College may--

(a) provide a course in co-operative studies and such other courses of study and make such award of diplomas therefor as the College deems fit;

(b) print or publish or assist in the printing or publication of books on co-operatives or subject connected therewith; *NOTE--The style and title of the "Ministry of Agriculture and Co-operative" has since been changed and is now known as the "Ministry of Agriculture and Agro-based Industry" and the "Ministry of Entrepreneurial and Co-operative Development" respectively­see P.U. (A) 206/2004. The relevant ministry now is the Ministry of Entrepreneurial and Co-operative Development. 7Co-operative College (Incorporation)

(c) make such rules as may be necessary to regulate the responsibilities and control of officers and servants of the College and impose such fees payable in respect of any course of study as it deems fit; and

(d) carry out research on co-operative matters.

Study Committee

5. (1) For the purpose of carrying out its functions under paragraph 4(a), the College shall appoint a committee which shall make recommendations to the College on the appropriate syllabus required in respect of any course of study, the manner in which examinations for the award of any diploma in respect of any course of study may be conducted, and on any other matter relating to any course of study as the College may refer to the committee; and the committee shall include the following persons:

(a) the Director General of Co-operative Development, who shall be Chairman of the Committee;

(b) a representative of the *Ministry of Entrepreneurial and Co-operative Development;

(c) Vice-Chancellor, **University of Agriculture, Malaysia; (d) the Professor of Economics at the University of Malaya or his nominee;

(e) the Principal of the College who shall act as Secretary; and

(f) a senior staff of the College as appointed by the Minister. (2) Subject to any directions given by the College, the Committee shall determine its own procedure.

Borrowing powers

6. The College may upon such terms and conditions as may be approved by the Minister of Finance borrow such sums as may be necessary for the purpose of carrying out any of its functions under this Act.

*NOTE--The style and title of the "Ministry of Agriculture and Co-operative" has since been changed and is now known as the "Ministry of Agriculture and Agro-based Industry" and the "Ministry of Entrepreneurial and Co-operative Development" respectively­see P.U. (A) 206/2004. The relevant ministry now is the Ministry of Entrepreneurial and Co-operative Development. **NOTE--The "University of Agriculture" is now known as the "Universiti Putra Malaysia"­see P.U. (A) 348/1997 .

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8 Laws of Malaysia ACT 437

The Fund and Grants

7. (1) There is hereby established a fund to be known as the Co-operative College of Malaysia Fund (hereinafter referred to as the "Fund")--

(a) into which shall be paid all sums received by the College (whether by way of contributions, grants, fees, borrowing or otherwise); and

(b) from which shall be paid such outgoings as are directed by this Act to be paid out of the Fund.

(2) Parliament may from time to time make grants to the College. Expenditure of the College

8. All expenditure of the College as may be approved by the Minister shall be defrayed out of the Fund.

Investment

9. The assets of the Fund may, in so far as they are not required to be expended by the College under this Act, be invested in investments for the time being authorized by law for the investment of trust funds:

Provided that the College shall not invest in securities issued or registered, or other property situated, outside Malaysia except with the approval of the Treasury.

Annual estimates

10. (1) The Chairman of the Council shall, not later than one month before the commencement of each financial year, lay before the Council an estimate of the expenditure of the College (including capital expenditure) approved by the Minister for the ensuing year in such detail and form as the Council may determine. (2) A copy of the estimate shall be sent to each member of the Council not less than fourteen days prior to the meeting before which the estimate is to be laid.

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Accounts and audit

11. (1) The College shall keep proper accounts and other records in respect of its operations and shall prepare statements of accounts in respect of each financial year.

(2) The accounts of the College shall be audited annually by the Auditor General or by an auditor being an approved company auditor within the meaning of the Companies Act 1965 [Act 125] appointed by the Council.

(3) After the end of each financial year, as soon as the accounts of the College have been audited, the Council shall cause a copy of the statement of accounts to be submitted to the Minister, together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the College.

(4) The Minister shall cause a copy of every such statement and observations to be laid on the table of each House of Parliament. Annual report

12. (1) The Council shall, not later than the thirtieth day of April in each year, cause to be made and submitted to the Minister a report dealing with the activities of the College during the preceding financial year containing such information relating to the proceedings and policy of the College as the Minister may from time to time direct.

(2) The Minister shall cause a copy of every such report to be laid on the table of each House of Parliament.

Vesting of property and transfer of rights and liabilities

13. All property movable or immovable, which immediately before the commencement of this Act was vested in or held by or for the Co-operative College of Malaya, shall on the coming into force of this Act and without any conveyance, assignment or transfer whatever vest in or pass to the College for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the coming into force of 10 Laws of Malaysia ACT 437

this Act; and all rights and liabilities which immediately before the said commencement were the rights and liabilities of the Co-operative College of Malaya shall upon the commencement aforesaid be the rights and liabilities of the College. Saving

14. *The Education Act 1961 [Act 43 of 1961], shall not apply to the College.

*NOTE--The Education Act 1961 [Act 43 of 1961] has since been repealed by the Education Act 1996 [Act 550]­see section 155 of Act 550.

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SCHEDULE

[Section 3]

1. (1) The following persons shall be disqualified for being appointed or being members of the Council:

(a) a person who is of unsound mind or is otherwise incapable of performing his duties;

(b) a bankrupt;

(c) a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude.

(2) A member shall, unless he sooner resigns or his appointment revoked, hold office for such term (not exceeding three years) as may be specified in the instrument appointing him, and shall be eligible for reappointment. (3) A member of the Council shall vacate his office if he fails to attend three consecutive meetings of the Council without the permission in writing of the Chairman or if he becomes disqualified under subparagraph (1). (4) The Minister may authorize the payment out of the Fund of such allowances to the members of the Council as the Minister may determine.

2. The Council shall meet at least once in the first and third quarter of each year for the purpose of considering its activities during the half year ending on the 31st day of December and 30th day of June, as the case may be, immediately preceding such quarter.

3. (1) The quorum of the Council shall be seven. (2) If on any question to be determined by the Council there is an equality of votes, the Chairman or other member acting as Chairman shall have a casting vote.

(3) Subject to subparagraphs (1) and (2) the Council shall determine its own procedure.

(4) The seal of the College shall be authenticated by the Chairman of the Council or other member acting as Chairman, and one other member of the Council, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed.

4. (1) The Deputy Chairman shall perform the functions of the Chairman in the absence of the Chairman.

(2) The Minister may appoint a person to be a temporary Chairman, Deputy Chairman or member of the Council during the temporary incapacity from illness, or during the temporary absence from Malaysia, of the Chairman, Deputy Chairman or other member, as the case may be. 12 Laws of Malaysia ACT 437

(3) The Principal of the College shall be secretary of the Council with no voting rights.

5. The Council may appoint any committee other than the committee mentioned in section 5, as it deems fit; and subject to any directions by the Council, a committee so appointed shall determine its own procedure.

6. (1) The Council may with the approval of the Minister and the concurrence of the Treasury--

(a) decide such terms as it deems fit for the appointment of such officers and servants of the College as may be necessary;

(b) make rules for the establishment and management of a contributory provident fund for the officers and servants appointed under subsubparagraph (a), or for the grant of loans to such officers and servants on such terms and conditions as the Council thinks fit, or for the payment of pensions, allowances or gratuities, to the said officers and servants on retirement or otherwise ceasing to hold office as such officers and servants.

(2) Subject to subsubparagraph (1)(a), the Council may with the approval of the Minister appoint an Executive Officer who shall be the Principal of the College and such other officers and servants as may be necessary. (3) Every member of the Council and every officer and servant appointed under subparagraph (2) shall be deemed to be a public servant within the meaning of the Penal Code [Act 574].

13Co-operative College (Incorporation)

LAWS OF MALAYSIA

Act 437

CO-OPERATIVE COLLEGE (INCORPORATION)

ACT 1968

LIST OF AMENDMENTS

Amending law Short title In force from

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14 Laws of Malaysia ACT 437

LAWS OF MALAYSIA

Act 437

CO-OPERATIVE COLLEGE (INCORPORATION)

ACT 1968

LIST OF SECTIONS AMENDED

Section Amending authority In force from

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DICETAK OLEH

PERCETAKAN NASIONAL MALAYSIA BERHAD,

KUALA LUMPUR

BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA