|
|
Home
| Databases
| WorldLII
| Search
| Feedback
Malaysian Legislation |
REPRINT
PUBLISHED BY
THE COMMISSIONER OF LAW REVISION, MALAYSIA
UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH MALAYAN LAW JOURNAL SDN BHD AND PERCETAKAN NASIONAL MALAYSIA BHD
2006
Act 30
UNIVERSITIES AND
UNIVERSITY
COLLEGES ACT 1971
Incorporating all amendments up to 1 January 2006 030e.fm Page 1 Monday, March 27, 2006 2:42 PM
PREPARED FOR PUBLICATION BY
MALAYAN LAW JOURNAL SDN BHD
AND PRINTED BY
PERCETAKAN NASIONAL MALAYSIA BERHAD
KUALA LUMPUR BRANCH
2006
2
UNIVERSITIES AND UNIVERSITY
COLLEGES ACT 1971
Date of Royal Assent... ... ... ... ... ... 27 April 1971 Date of publication in the Gazette ... ... ... 29 April 1971 PREVIOUS REPRINTS
First Reprint ... ... ... ... ... 1993
Second Reprint ... ... ... ... 1999
030e.fm Page 2 Monday, March 27, 2006 2:42 PM
3
LAWS OF MALAYSIA
Act 30
UNIVERSITIES AND UNIVERSITY
ARRANGEMENT OF SECTIONS
COLLEGES ACT 1971
PART I
PRELIMINARY
Section
1. Short title
2. Interpretation PART II
HIGHER EDUCATION
3. Responsibility of Minister
4. Power of Minister to appoint person or body to investigate PART III
UNIVERSITIES
5. Prohibition on establishing Universities 5A. Non-application of Act to University established under treaty, etc.
6. Incorporation and establishment of a University
7. Effect of Incorporation Order and general powers of a higher educational institution which is a University
8. Constitution of a University
9. University to keep office as an address for service in Malaysia
10. Copies of Statutes, etc., to be kept at office of University
11. Grants-in-aid and accounts
12. Establishment of Campus of a University 030e.fm Page 3 Monday, March 27, 2006 2:42 PM
4 Laws of Malaysia ACT 30
Section
13. Acquisition of land for purposes of the University
14. Exemption from estate duty
15. Prohibition on a student or a students' organization, body or group associating with societies, etc., except as provided under the Constitution or approved by the Vice-Chancellor
15A. Prohibition on collection of money by a student or by an organization, body or group of students
15B. Criminal liability of office-bearers, etc., of a students' organization, body or group
15C. Presumptions
15D. Suspension and expulsion of a student charged with a criminal offence or against whom a criminal offence is proved
16. Power of Vice-Chancellor to suspend or dissolve any organization, body or group of students
16A. Discipline of staff, officers and employees of the University 16B. Disciplinary authority in respect of students of the University 16C. Disciplinary rules
16D. Surcharge
17. Constitution to provide protection of benefits under provident fund scheme
18. Transitional provisions PART IV
UNIVERSITY COLLEGES
19. Prohibition on establishing University Colleges
20. Incorporation and establishment of a University College
21. Constitution of a University College
22. Application of provisions of Part III to this Part PART V
GENERAL
23. Offence of establishing a University or University College
24. Certain prohibitions in respect of "University" or "University College" 24A. Service
030e.fm Page 4 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 5
Section
24B. Public Authorities Protection Act 1948
24C. Act or omission done in good faith
24D. Public servants
25. Existing Universities
26. Exemption
27. Repeal FIRST SCHEDULE
SECOND SCHEDULE
030e.fm Page 5 Monday, March 27, 2006 2:42 PM
030e.fm Page 6 Monday, March 27, 2006 2:42 PM
7
LAWS OF MALAYSIA
Act 30
UNIVERSITIES AND UNIVERSITY
COLLEGES ACT 1971
An Act to provide for the establishment, maintenance and administration of Universities and University Colleges and for other matters connected with it.
[Throughout Malaysia--30 April 1971]
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:
PART I
PRELIMINARY
Short title
1. This Act may be cited as the Universities and University Colleges Act 1971.
Interpretation
2. In this Act-- "Board", in relation to a University, means the Board of Directors of the University constituted in accordance with the Constitution of the University;
"Campus" in relation to a University or University College, means the Campus of the University or University College; "Chancellor", in relation to a University, means the Chancellor of the University and includes any other person, by whatever name called, who has been appointed as the Head of a University and "Pro-Chancellor" shall be construed accordingly;
030e.fm Page 7 Monday, March 27, 2006 2:42 PM
8 Laws of Malaysia ACT 30
"Constitution", in relation to a University, means the Constitution of the University substantially in the form as set out in the First Schedule;
"Faculty", in relation to a University, means the Faculty of the University and includes a School, a Centre, an Academy and an Institute, of the University, and in relation to the Campus of a University, includes any part of the Faculty, School, Centre, Academy and Institute designated to such Campus;
"Higher Education" includes University and University College education;
"Higher Educational Institution" means any University or University College established under this Act;
"Minister" means the Minister responsible for education; "Senate" in relation to a University, means the Senate of that University;
"student" means a registered student who is following a course of study on a full time or part time basis in the University; "University" or "University College" means a higher educational institution having the status of a University or University College respectively;
"University or University College education" means the education provided by a University or University College; "Vice-Chancellor", in relation to a University, means the Vice- Chancellor, President, Rector or Director of the University and includes any other person, by whatever name called, who has been appointed as the chief executive officer of the University and "Deputy Vice-Chancellor" shall be construed accordingly. PART II
HIGHER EDUCATION
Responsibility of Minister
3. The Minister shall, subject to the provisions of this Act, be responsible for the general direction of higher education and the administration of this Act which shall be in accordance with the national policies, strategies and guidelines on higher education 030e.fm Page 8 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 9
formulated or determined by an authority established under any written law for such purposes.
Power of Minister to appoint person or body to investigate
4. For the purpose of enabling more effective discharge of the Minister's responsibility for higher education and the administration of this Act, the Minister may, from time to time, appoint any person or body to investigate into any of the activities or the administration of any higher educational institution and to report to him the result of such investigation with recommendations relating thereto.
PART III
UNIVERSITIES
Prohibition on establishing Universities
5. Subject to section 5A, no higher educational institution with the status of a University shall be established except in accordance with the provisions of this Act or any other written law regulating its establishment.
Non-application of Act to University established under treaty, etc.
5A. (1) The provisions of this Act shall not apply to any higher educational institution with the status of a University which is authorized to be established by an order made by the Yang di-Pertuan Agong under subsection (2) and any private higher educational institution conferred with the status of a University or University College under any written law.
(2) The Yang di-Pertuan Agong may by order published in the Gazette authorize the establishment of any higher educational institution having the status of a University, whatever its name or style, if he is satisfied that it is to be established pursuant to any treaty, agreement or convention between Malaysia and any other country or pursuant to any agreement between Malaysia and an international organization.
030e.fm Page 9 Monday, March 27, 2006 2:42 PM
10 Laws of Malaysia ACT 30
Incorporation and establishment of a University
6. (1) If, the Yang di-Pertuan Agong is satisfied that it is expedient in the national interest that a University should be established, he may by order--
(a) declare that there shall be established a higher educational institution having the status of a
University, which shall be a body corporate, for the purpose of providing, promoting and developing
higher education in all such branches of learning as shall be specified in the order;
(b) assign a name and style to that University; and (c) specify the location of the site which shall be the seat of that University.
(2) An Order made under subsection (1) (hereinafter referred to as the "Incorporation Order") shall, at the next meeting of Parliament, be laid before both Houses of Parliament. Effect of Incorporation Order and general powers of a higher educational institution which is a University
7. (1) Upon the coming into force of the Incorporation Order made under section 6, a higher educational institution having the status of a University, with the name and style assigned to it by the Order, shall be deemed to have been established, and by which name the Chancellor, the Vice-Chancellor and the members for the time being of the Board and the Senate shall be deemed to have been constituted a body corporate with perpetual succession and with full power and authority by and in such name-- (a) to sue and be sued in all courts;
(b) to have and use a common seal and to alter the same at its pleasure;
(c) to purchase any immovable or movable property and to take, accept and hold any such property which may become vested in it by virtue of any such purchase or by any grant or donation, lease, subventions, legacies, testamentary disposition or otherwise;
030e.fm Page 10 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 11
(d) to sell, lease, exchange or otherwise dispose of any such property not inconsistent with any condition or restriction as may be imposed by the Constitution; and
(e) to exercise, discharge and perform all such powers, duties and functions as may be conferred or imposed on the University by this Act or the Constitution. (2) The powers conferred on a University by subsection (1) shall, unless otherwise expressly provided by this Act or the Constitution, be exercised by the Board.
Constitution of a University
8. (1) The Constitution of a University shall contain provisions for all the matters set out in the First Schedule to this Act. (2) If at any time the Constitution does not contain provisions set out in the First Schedule to this Act, the Board shall take such steps as may be necessary for giving effect to the provisions aforesaid or for removing the inconsistent provisions in the Constitution.
(3) Without prejudice to subsection (2), the Yang di-Pertuan Agong may, at any time, amend the Constitution so as to bring it into accord with the provisions of the First Schedule to this Act. (4) The provisions of the Constitution shall take effect from such date as may be appointed by the Yang di-Pertuan Agong and shall have the force of law within Malaysia.
(5) Anything done or appointment made for and on behalf of the University prior to the date of the coming into force of the Constitution shall, on and after that date, be deemed to be made for, by or on behalf of the University.
University to keep office as an address for service in Malaysia
9. (1) Every University shall keep and maintain an office situated within Malaysia, which shall be its address for service for all writs, plaints, notices, pleadings, orders, summonses, warrants or other proceedings and written communications of all kinds. 030e.fm Page 11 Monday, March 27, 2006 2:42 PM
12 Laws of Malaysia ACT 30
(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other proceedings or other written communications shall, if left at the office kept and maintained under subsection (1), be deemed duly served upon or delivered to a University or such officer or authority to whom they may have been addressed, in all proceedings before any Court in Malaysia.
Copies of Statutes, etc., to be kept at office of University
10. Every University shall keep at the office mentioned in section 9 a copy of each current Statute, Rule, Regulation or other documents required to be published under this Act or the Constitution, and shall keep the same available at all reasonable hours for inspection by the public and, where any books or copies of documents are, under this Act or the Constitution, required to be available for purchase by the public, such books or copies shall be kept available for purchase at such office or at some other place within Malaysia as the University may think fit.
Grants-in-aid and accounts
11. (1) Parliament may from time to time provide grants-in-aid to a University.
(2) All moneys paid to a University under subsection (1) shall be applied or expended by the University for all or any of the purposes of the University in accordance with the estimates approved under the provisions of the Constitution: Provided that any such moneys appropriated to and not applied for the purposes of the annually recurrent expenditure of the University may, with the approval of the Minister, be applied to capital expenditure.
(3) A copy of the accounts of the University for each financial year shall be prepared and submitted for audit before 30th July immediately following the financial year; and the accounts together with the report of the auditor shall be submitted to the Minister.
(4) The Minister shall cause a copy of the audited accounts of the University to be laid before both Houses of Parliament. 030e.fm Page 12 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 13
Establishment of Campus of a University
12. (1) The Yang di-Pertuan Agong may, by order published in the Gazette (hereinafter referred to as "a Campus Order")-- (a) establish a Campus of the University;
(b) assign a suitable name or designation to the Campus; (c) specify the site or location of the Campus, being the site or location which shall be in addition to the Campus at the seat of the University;
(d) assign a Faculty to the Campus;
(e) specify the department of study comprised in such Faculty; and
(f) prescribe such other matters as may be necessary or expedient for giving effect to the Campus Order.
(2) The Yang di-Pertuan Agong may at any time, amend, vary or revoke a Campus Order by a subsequent order published in the Gazette.
Acquisition of land for purposes of the University
13. (1) When any immovable property, not being State land or reserved land or land vested in State or in the Federation or occupied or used by the Federation or a public authority for Federal purposes, is needed for the purposes of a University and cannot be acquired by agreement, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in force in the State in which such property is situated, and any declaration required under any such written law that such land is so needed may be made notwithstanding that compensation is to be paid out of the funds of the University, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law. (2) Expenses and compensation in respect of any immovable property acquired under subsection (1) shall be paid by the University.
030e.fm Page 13 Monday, March 27, 2006 2:42 PM
14 Laws of Malaysia ACT 30
(3) All immovable property acquired under this section shall vest in the University, and an entry to that effect in the appropriate register shall be made by the proper registering authority.
Exemption from estate duty
14. No estate duty shall be payable in respect of the amount of any bequest to a University, and the value of the property passing on the death of a deceased shall be deemed not to include the amount of such bequest for the purpose of fixing the rate of estate duty.
Prohibition on a student or a students' organization, body or group associating with societies, etc., except as provided under the Constitution or approved by the Vice-Chancellor
15. (1) No person, while he is a student of the University, shall be a member of, or shall in any manner associate with, any society, political party, trade union or any other organization, body or group of persons whatsoever, whether or not it is established under any law, whether it is in the University or outside the University, and whether it is in Malaysia or outside Malaysia, except as may be provided by or under the Constitution, or except as may be approved in advance in writing by the Vice- Chancellor.
(2) No organization, body or group of students of the University, whether established by, under or in accordance with the Constitution, or otherwise, shall have any affiliation, association or other dealing whatsoever with any society, political party, trade union or any other organization, body or group of persons whatsoever, whether or not it is established under any law, whether it is in the University or outside the University, and whether it is in Malaysia or outside Malaysia, except as may be provided by or under the Constitution, or except as may be approved in advance in writing by the Vice- Chancellor.
(3) No person, while he is a student of the University, shall express or do anything which may be construed as expressing support, sympathy or opposition to any political party or trade union or as expressing support or sympathy with any unlawful organization, body or group of persons.
030e.fm Page 14 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 15
(4) No organization, body or group of students of the University which is established by, under or in accordance with the Constitution, or any other organization, body or group of students of the University, shall express or do anything which may be construed as expressing support, sympathy or opposition to any political party or trade union or as expressing support or sympathy with any unlawful organization, body or group of persons.
(5) Any person who contravenes or fails to comply with subsection (1), (2), (3) or (4) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Prohibition on collection of money by a student or by an organization, body or group of students
15A. (1) No student of the University, or any organization, body or group of students of the University, shall, in or outside the Campus, or in or outside Malaysia, collect or attempt to collect, or promote or attempt to promote any collection of, or make any appeal orally or in writing or otherwise or attempt to make any such appeal for, any money or other property from any person, not being money or property due or about to fall due under or by virtue of any written law, contract or other legal obligation. (2) Any person who contravenes or fails to comply with subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(3) The Minister may, in any particular case, in his absolute discretion, grant exemption to any person from the application of subsection (1), subject to such terms and conditions and for such period as he may, in his absolute discretion, deem fit. (4) Without prejudice to the provisions of any other written law relating to the delegation of powers, the Minister may, by notification in the Gazette, delegate the exercise of his powers under subsection (3) to the Vice-Chancellor in respect of collection of money within the Campus from persons within the 030e.fm Page 15 Monday, March 27, 2006 2:42 PM
16 Laws of Malaysia ACT 30
Campus, subject to such conditions and restrictions as may be prescribed in such notification.
(5) The provisions of this section shall be in addition to and not in derogation from the provisions of any written law relating to house to house and street collections, public collections, or collection of money or sale of badges.
Criminal liability of office-bearers, etc., of a students' organization, body or group
15B. (1) Where any offence has been committed under any written law, whether or not any person has been convicted in respect thereof, and such offence has been committed or purports to have been committed in the name or on behalf of, any organization, body or group of students of the University which is established by, under or in accordance with the Constitution, or any other organization, body or group of students of the University, every office-bearer of such organization, body or group and every person managing or assisting in the management of such organization, body or group at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed by law therefor, unless he establishes to the satisfaction of the court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.
(2) Any office-bearer of, or any person managing or assisting in the management of, any organization, body or group as referred to in subsection (1) shall be liable to be prosecuted under this section, notwithstanding that he may not have taken part in the commission of the offence.
(3) In any prosecution under this section of an office-bearer of, or any person managing or assisting in the management of, any organization, body or group as referred to in subsection (1), any document found in the possession of any office-bearer of, or person managing or assisting in the management of, such organization, body or group, or in the possession of a member of such organization, body or group shall be prima facie evidence of the contents thereof for the purpose of proving that anything has been done or purports to have been done by or on behalf of such organization, body or group.
030e.fm Page 16 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 17
Presumptions
15C. In any prosecution under this Act--
(a) it shall not be necessary for the prosecution to prove that an organization, body or group of persons
possesses a name or that it has been constituted or is usually known under a particular name;
(b) where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, or purporting to relate to, any organization, body or group of persons are found in the possession, custody or under the control of any person, it shall be
presumed, until the contrary is proved, that such person is a member of such organization, body or
group, and such organization, body or group shall be presumed, until the contrary is proved, to be in
existence at the time such books, accounts, writings, lists of members, seals, banners or insignia are so found; and
(c) where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, any organization, body or group of persons are found in the possession, custody or under the control of any person, it shall be presumed, until the contrary is proved, that such person assists in the management of such organization, body or group.
Suspension and expulsion of a student charged with a criminal offence or against whom a criminal offence is proved 15D. (1) Where a student of the University is charged with a criminal offence he shall immediately thereupon be suspended from being a student of the University and shall not, during the pendency of the criminal proceedings, remain in or enter the Campus of that or any other University.
(2) Where a court finds that a charge for a criminal offence is proved against a student of the University, the student shall, immediately thereupon, cease to be a student of the University, and shall not remain in or enter the Campus of that or any other University.
030e.fm Page 17 Monday, March 27, 2006 2:42 PM
18 Laws of Malaysia ACT 30
(3) A student of the University who is detained, or is subjected to any order imposing restrictions on him, under any written law relating to preventive detention or internal security, shall, immediately thereupon, cease to be a student of the University and shall not remain in or enter the Campus of that or any other University.
(4) A student of the University who is suspended from being a student of the University under subsection (1) shall not, while he is so suspended, be admitted as a student of any other University in Malaysia without the written approval of the Minister, and if the Minister grants such approval, the Minister may impose such terms and conditions as he may, in his absolute discretion, deem fit to impose.
(5) A student of the University who ceases to be a student of the University under subsection (2) or (3) shall not be admitted as a student of that or any other University in Malaysia without the written approval of the Minister, and if the Minister grants such approval, the Minister may impose such terms and conditions as he may, in his absolute discretion, deem fit to impose. (6) Any person who remains in or enters the Campus of any University in contravention of subsection (1), (2) or (3) or who obtains admission to any University in contravention of subsection (4) or (5) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(7) Subsections (1), (2), (3), (4) and (5) shall apply to a person notwithstanding that there may be pending in any court or before any other authority any application, petition, appeal, or other proceeding whatsoever by him or by any other person in respect of the criminal proceedings, the detention, or the order imposing restrictions, as the case may be:
Provided that upon the determination of such application, petition, appeal or other proceeding the Minister may, in his absolute discretion, have regard to such determination and grant exemption to the student from the application of subsection (1), (2), (3), (4) or (5), as the case may be, upon such terms and conditions as he may, in his absolute discretion, deem fit to impose.
030e.fm Page 18 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 19
(8) The Minister may, at any time, in any particular case, in his absolute discretion, grant exemption to any person from the application of subsection (1), (2), (3), (4) or (5), as the case may be, either unconditionally, or upon such terms and conditions, or for such period, as he may, in his absolute discretion, deem fit. (9) (Deleted by Act A946).
Power of Vice-Chancellor to suspend or dissolve any organization, body or group of students
16. If any organization, body or group of students of the University conducts itself in a manner which the Vice-Chancellor considers detrimental or prejudicial to the interests or well-being of the University, or to the interests or well-being of any of the students or staff of the University, or to public order, safety or security, or if any such organization, body or group violates any provision of any written law, the Vice-Chancellor may suspend or dissolve such organization, body or group.
Discipline of staff, officers and employees of University 16A. (1) The Board shall have disciplinary authority over every staff, officer and employee of the University and shall exercise disciplinary control in respect of all such persons in accordance with this Act and any rules made under section 16C. (2) The Board may, by notification in the Gazette, establish different disciplinary committees for different categories of staff, officer and employee.
(3) A disciplinary committee shall exercise its powers in all matters relating to the discipline of every staff, officer and employee placed under its jurisdiction.
(4) A staff, officer or employee who is a member of a disciplinary committee shall not be lower in rank than any staff, officer or employee over whom the disciplinary committee has disciplinary authority.
(5) In any case where a member of a disciplinary committee is himself a complainant in any disciplinary proceedings before the disciplinary committee, he shall not be present in such 030e.fm Page 19 Monday, March 27, 2006 2:42 PM
20 Laws of Malaysia ACT 30
proceedings and the Board shall appoint any other person to participate in such proceedings.
(6) Subsection (4) shall apply to any other person appointed to a disciplinary committee under subsection (5).
(7) In the exercise of its disciplinary functions and powers, a disciplinary committee shall have the power to take disciplinary action and impose any disciplinary punishment or any combination of two or more of the disciplinary punishments provided under the rules made under section 16C.
(8) A disciplinary committee shall have no jurisdiction in respect of the Chancellor, Pro-Chancellors and Vice-Chancellor. (9) Any staff, officer or employee who is dissatisfied with the decision of a disciplinary committee may, within thirty days from the date of the service of the decision on him, appeal in writing against such decision to the Board.
(10) When the Board considers any appeal under subsection (9), members of the disciplinary committee against whose decision the appeal is made shall not be present or in any way participate in any proceedings relating to that appeal. (11) The Board shall have the power to confirm, reverse or vary the decision of the disciplinary committee or give such directions on the appeal as it deems fit and proper. (12) The decision of the Board upon an appeal shall be final. Disciplinary authority in respect of students of the University 16B. (1) The disciplinary authority of the University in respect of every student of the University shall be the Vice-Chancellor. (2) The Vice-Chancellor who is the disciplinary authority under subsection (1), shall have the power to take such disciplinary action and impose such disciplinary punishment as may be provided for under any disciplinary rules that may be made by the Board under section 16C.
(3) The Vice-Chancellor who is the disciplinary authority under subsection (1), may delegate any of his disciplinary functions, powers or duties to any of the Deputy Vice- 030e.fm Page 20 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 21
Chancellors, any member of the staff, any officer or any employee of the University, or to any board of members of the staff, officers or employees of the University, in respect of any particular student, or any class or category of the students of the University, and the Deputy Vice-Chancellors, member of the staff, officer or employee or the board delegated with such functions, powers or duties shall carry out, exercise or discharge them under the direction and control of such Vice-Chancellor who shall have the power to review, rescind or vary any decision or finding of such Deputy Vice-Chancellor, member of the staff, officer or employee or such board:
Provided that no delegation shall be made under this subsection to the Chancellor or the Pro-Chancellors.
(4) Any student dissatisfied with the decision of the Vice- Chancellor who is the disciplinary authority under subsection (1) or of any person or board delegated with functions, powers or duties under subsection (3) may, within thirty days from the date of the service of the decision on him, appeal against such decision to the Minister who may, if he deems fit, summarily reject the appeal.
(5) Where the Minister does not summarily reject an appeal under subsection (4), he shall appoint a committee of two or more persons, from within or without the University, to consider the appeal and make its recommendations to him, and, upon receiving such recommendations, the Minister may give such decision on the appeal as he deems fit and proper.
Disciplinary rules
16C. (1) The Board shall have the power to make such disciplinary rules as it deems necessary or expedient to provide for the discipline of the members of the staff, officers and employees of the University and of the students of the University; the disciplinary rules made under this subsection shall be published in the Gazette.
(2) The disciplinary rules made by the Board under this section may include provisions for the interdiction with reduction in salary or in other remuneration, or provisions for the suspension without salary or other remuneration, of a member of the staff or an officer or employee of the University, and for the 030e.fm Page 21 Monday, March 27, 2006 2:42 PM
22 Laws of Malaysia ACT 30
suspension of a student of the University, during the pendency of disciplinary proceedings.
(3) The disciplinary rules made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishments so provided may extend to dismissal or reduction in rank in the case of members of the staff, officers or employees of the University, and expulsion from the University in the case of students of the University.
(4) The disciplinary rules made under this section shall, in prescribing the procedure for disciplinary proceedings, provide for an opportunity for representations to be made by the person against whom disciplinary proceedings are taken before a decision is arrived at by the disciplinary authority on the disciplinary charge laid against such person.
(5) The particularity of the matters referred to in subsections (2), (3) and (4) shall be without prejudice to the generality of the powers of the Board under subsection (1).
Surcharge
16D. (1) A person who is or was a staff, officer or employee of the University may be surcharged if it appears to the Board that the person--
(a) has failed to collect money owing to the University for the collection of which he is or was responsible; (b) is or was responsible for any improper payment of money from the University or for any payment of
money which is not duly approved;
(c) is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any money, stamp, security, store or other property of the
University;
(d) being or having been an accounting officer, fails or had failed to keep proper accounts or records; or 030e.fm Page 22 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 23
(e) has failed to make any payment, or is or was
responsible for any delay in the payment from the University, of moneys to any person to whom such
payment is due under any law, contract, agreement or arrangement entered into between that person and the University.
(2) The Board shall, before the person is surcharged, serve on him a written notice calling on him to show cause why he should not be surcharged.
(3) If a satisfactory explanation is not received within thirty days from the date of the service of the notice under subsection (2), the Board may--
(a) in the case of paragraphs (1)(a), (b) and (c), surcharge against the person a sum not exceeding the amount not collected, or of the improper payment made, or of the deficiency in the value of, or destruction caused of, the money, stamp, security, store or other property; and (b) in the case of paragraphs (1)(d) and (e), surcharge against the person, such sum as the Board may think fit.
(4) The Board shall notify the person surcharged in respect of any surcharge made under subsection (3).
(5) Notwithstanding subsections (3) and (4), the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Board shall forthwith notify the person surcharged of the withdrawal. (6) Where the amount of any surcharge made under subsection (3) is not withdrawn under subsection (5), it shall be deemed to be a debt due to the University from the person surcharged and may be sued for and recovered in any court at the suit of the University and may also if the Board so directs be recovered by deduction--
(a) from the salary of the person surcharged; or
(b) from the pension of the person surcharged,
030e.fm Page 23 Monday, March 27, 2006 2:42 PM
24 Laws of Malaysia ACT 30
by equal monthly instalments not exceeding one-fourth of the total monthly salary or pension, as the case may be, of that person.
(7) In any action for surcharge against the Vice-Chancellor, the composition of the Board for the purposes of subsections (1) to (6) shall not include the Vice-Chancellor.
(8) For the purposes of paragraph (1)(d), "accounting officer" includes every staff, officer or employee of the University charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the University, or who is charged with the duty of disbursing, or who does in fact disburse, any such money, and every staff, officer or employee who is charged with the receipt, custody or disposal of, or the accounting for, any money, stamp, security, store and property of the University or who in fact receives, holds or disposes of such money, stamp, security, store and property. Constitution to provide protection of benefits under provident fund scheme
17. The Constitution may establish a provident fund scheme for its employees and the following provisions shall apply to any such provident scheme--
(a) no assurance on the life of any contributor under any provident scheme and no moneys or other benefits
received under such assurance or in any other manner under any such scheme shall be capable of being
taken in execution or otherwise garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever against the contributor or his estate unless the University in its discretion shall have assigned such assurance, moneys or other benefits to the contributor for his absolute use and benefit or, in the case of his death, to his legal personal representative; (b) subject to any discretionary trusts or powers as to the application thereof vested by any Act or rules relating thereto in the University or other person administering the provident scheme, all moneys and benefits arising from any such provident scheme shall be deemed to be impressed with a trust in favour of the objects entitled thereto under the will or intestacy of any deceased contributor;
030e.fm Page 24 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 25
(c) no donation or contribution to a fund established under a provident scheme or interest thereon shall be assignable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the University; (d) no such donation or contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Director General of Insolvency on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by judgement of the court, such donation or contribution or interest shall, subject to the provisions of this Act and of the Constitution and of any Act or rules relating thereto, be deemed to be impressed with a trust in favour of the persons entitled thereto on the death of the contributor;
(e) the bankruptcy of a contributor shall not effect the making of deductions from the salary of the
contributor in accordance with any Act or rules
relating thereto, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall be deemed not to form part of his after-acquired property; (f) subject to the provisions of any Act or rules relating thereto, all moneys payable or paid out of any fund established under a provident scheme on the death of a contributor shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed under the scheme, but shall not be deemed to form part of his estate or be subject to the payment of his debts. Transitional provisions
18. The Yang di-Pertuan Agong may in respect of the Constitution provide such transitional provisions as he may deem necessary or expedient for the purpose of achieving the objects of the University.
030e.fm Page 25 Monday, March 27, 2006 2:42 PM
26 Laws of Malaysia ACT 30
PART IV
UNIVERSITY COLLEGES
Prohibition on establishing University Colleges
19. No higher educational institution with the status of a University College shall be established except in accordance with the provisions of this Act or any other written law regulating its establishment.
Incorporation and establishment of a University College
20. If, the Yang di-Pertuan Agong is satisfied that it is expedient in the national interest that a University College should be established, he may by order--
(a) declare that there shall be established a higher educational institution having the status of a
University College, which shall be a body corporate for the purpose of providing, in accordance with the provisions of this Act and the Constitution of the University College, higher education in specified branches of learning;
(b) assign a name to that University College; and (c) specify the location of the site which shall be the seat of that University College.
Constitution of a University College
21. (1) The Yang di-Pertuan Agong may by regulations prescribe the Constitution of a University College.
(2) The Yang di-Pertuan Agong may at any time amend the Constitution of a University College.
(3) The provisions of the Constitution of a University College shall take effect from such date as may be appointed by the Yang di-Pertuan Agong and shall have the force of law within Malaysia.
(4) Anything done or appointment made for and on behalf of the University College prior to the date of the coming into force 030e.fm Page 26 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 27
of the Constitution shall, on and after that date, be deemed to be made for, by or on behalf of the University College. Application of provisions of Part III to this Part
22. Subsections 6(2), sections 7, 9, 10, 11, 13, 14, 15, 15A, 15B, 15C, 15D, 16, 16A, 16B, 16C, 16D and 17 applicable to a University established under this Act shall mutatis mutandis apply to a University College established or deemed to be established under this Act subject to the following modifications, that is to say-- (a) reference to "University" shall be read as reference to "University College";
(aa) reference to "Board" shall be read as reference to the executive body of the University College;
(b) reference to "Chancellor", "Vice-Chancellor" and "Deputy Vice-Chancellor" shall be read as reference to the appropriate authorities of the University
College;
(c) reference to "Pro-Chancellor" shall be deleted; and (d) such other modifications as may be necessary or expedient for giving effect to this section.
PART V
GENERAL
Offence of establishing a University or University College
23. (1) No person shall establish, form or promote or do anything or carry on any activities for the purpose of establishing or forming or promoting the establishment or formation of a University or University College otherwise than in accordance with the provisions of this Act or any other written law regulating its establishment.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of ten thousand ringgit or to imprisonment for a term of five years or to both.
030e.fm Page 27 Monday, March 27, 2006 2:42 PM
28 Laws of Malaysia ACT 30
Certain prohibitions in respect of "University" or "University College"
24. (1) No person shall establish, manage or maintain a higher educational institution with the status of "University" or "University College" unless it is a higher educational institution established in accordance with the provisions of this Act or any other written law regulating its establishment.
(2) No higher educational institution or person shall issue to or confer on any person any degree or diploma purporting to be degree or diploma issued or conferred by a University or University College unless the issue or conferment is in accordance with the provisions of this Act or any other written law regulating its establishment.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall on conviction be liable to a fine of five thousand ringgit or to imprisonment for a term of three years or to both.
Service
24A. (1) Service of any notice under this Act shall be effected by registered post to the person affected thereby and shall be deemed to have been served on the day succeeding the day on which the notice would have been delivered in the ordinary course of post.
(2) Where the person to whom there has been addressed a registered letter containing any notice which may be given under this Act is informed of the fact that there is a registered letter awaiting him, at a post office, and if such person refuses or neglects to take delivery of such registered letter, such notice shall be deemed to have been served upon him on the date on which he was so informed.
Public Authorities Protection Act 1948
24B. The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the University, the Board, the Senate, any member of the Board or Senate, the Vice-Chancellor, the Deputy Vice-Chancellors, the staff, the officer or the employee of the University in respect of 030e.fm Page 28 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 29
any act, neglect or default done or committed by it or him in such capacity.
Act or omission done in good faith
24C. No action or suit shall be instituted or maintained in any court against--
(a) the Board;
(b) a member of the Board;
(c) the Vice-Chancellor;
(d) the Deputy Vice-Chancellors;
(e) the Senate;
(f) a member of the Senate;
(g) a staff, an officer or an employee of the University; and
(h) a person authorized to act for or on behalf of any of the bodies or persons under paragraphs (a) to (g),
for any act or omission done in good faith in the discharge of its or his powers and duties under this Act in a reasonable belief that it was necessary for the purpose intended to be served thereby.
Public servants
24D. All members of the Board and Senate, the Vice-Chancellor, Deputy Vice-Chancellors, staff, officers and employees of the University while discharging their functions as such members, Vice-Chancellor, Deputy Vice-Chancellors, staff, officers and employees, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Existing Universities
25. (1) The University of Malaya established under the University of Malaya Act 1961 [Act 44 of 1961], shall be deemed to be a University established under this Act.
030e.fm Page 29 Monday, March 27, 2006 2:42 PM
30 Laws of Malaysia ACT 30
(2) The University of Malaya Act 1961, shall, subject to the provisions of this Act, continue in force for the purpose of that University.
Exemption
26. The Yang di-Pertuan Agong may, with respect to any University, by order published in the Gazette, exempt it from, vary or add to any of the provisions of the First and Second Schedules.
Repeal
27. The Emergency (Essential Powers) Ordinance No. 74, 1971 is hereby repealed.
FIRST SCHEDULE
[Section 8]
CONSTITUTION
Citation
1. This Constitution may be cited as the Constitution of the University of ................................................... Interpretation
2. (1) In this Constitution, unless the context otherwise requires-- "Alumni of the University" means the Alumni of the University constituted in accordance with section 22;
"Authority" means any of the Authorities of the University referred to in section 12, and includes any Authority established by Statute; "Chair" means the post of professor however styled; "Convocation" means a Convocation held in accordance with section 44; "Foundation Day" means the date on which the Incorporation Order made by the Yang di-Pertuan Agong under section 6 of the Universities and University Colleges Act 1971 comes into force;
030e.fm Page 30 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 31
"Guild of Graduates" means the Guild constituted in accordance with section 22; "Officer" means the Chancellor, a Pro-Chancellor, the Vice-Chancellor, the Deputy Vice-Chancellor, the Dean of a Faculty, the Head of a School, a Centre, an Academy or an Institute, the Registrar, the Bursar, the Librarian, or the holder of any office created by Statute or otherwise;
"Regulations", "Rules" and "Statute" mean the Regulations, Rules and Statute made in accordance with this Constitution;
"Teacher" means a person appointed to be a teacher by the Board in accordance with this Constitution, and includes a senior professor, professor, associate professor, assistant professor, reader, senior lecturer, lecturer, assistant lecturer, language and matriculation teacher, and tutor;
"The University" means the University of ................................. (2) References in this Constitution to a section are reference to a section of this Constitution.
PART I
THE UNIVERSITY
Establishing of University as body corporate
3. There is hereby established in accordance with the provisions of this Constitution, a University with the name and style of .........., by which name and style the Chancellor, the Pro-Chancellors, the Vice-Chancellor, the Board and the Senate are hereby constituted a body corporate with perpetual succession, and with full power and authority under such name--
(a) to sue and be sued in all courts;
(b) to have and use a common seal and from time to time to break, change, alter and make anew such seal as it shall think fit; (c) for the purposes of this Constitution, and subject to the Statutes, Rules and Regulations to purchase any property, movable or immovable, and to take, accept and hold any such property which may become vested in it by virtue of any such purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise;
(d) to sell, mortgage, lease, exchange or otherwise dispose of any such property; and
(e) to exercise and perform, in accordance with the provisions of this Constitution and of the Statutes, Rules and Regulations, all powers and duties conferred or imposed upon the University by such provisions. Powers of University
4. (1) The University shall, subject to the provisions of this Constitution, have the following powers:
030e.fm Page 31 Monday, March 27, 2006 2:42 PM
32 Laws of Malaysia ACT 30
(a) to provide courses of instruction, to hold examinations, to make provision for research, and to take such other steps as may appear necessary or desirable for the advancement and dissemination of knowledge; (b) to confer degrees, diplomas, certificates and other academic distinctions including external degrees, diplomas, certificates and other academic distinctions and upon persons who have followed courses of study approved by the University and have satisfied such other requirements as may be prescribed by Rules;
(c) to recognize the degrees and diplomas of other institutions of higher learning, for the purpose of admission to the courses and examinations of the University and of the award of higher degrees on holders of such degrees or diplomas or on graduates of the University on such conditions as may be prescribed by Rules;
(d) to confer degrees upon teachers of the University who have satisfied such requirements as may be prescribed by Rules;
(e) to confer honorary degrees on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service;
(f) to grant certificates to persons who have attained proficiency in any branch of knowledge;
(g) to institute chairs, lectureships, and other posts and offices, and to make appointments thereto;
(h) to establish a University printing press and to publish books and other matter;
(i) to erect, equip and maintain libraries, laboratories, museums, lecture halls, halls of residence and all other buildings required for the purposes of the University, whether in the Federation or elsewhere; (j) to institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and other forms of assistance towards the advancement and dissemination of knowledge; (k) to invest in land or securities (whether authorized as trustee investments or not) such funds as may be vested in it for the purpose of endowment, whether for general or special purposes, or such other funds as may not be immediately required for current expenditure, with power from time to time to vary any such investment and to deposit any moneys for the time being uninvested with any bank established in Malaysia either upon fixed deposit or upon current account;
(ka) to grant loans or advances to its staff, officers and employees; (kb) to grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the Minister; (kc) to conduct commercial research for the effective promotion and utilization of its research findings;
030e.fm Page 32 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 33
(l) to enter into contracts, to appoint such staff and to establish such trusts, as may be required for the purposes of the University; (m) to appoint, promote and discipline officers, teachers and staff of the University;
(n) to regulate the conditions of service of the staff of the University, including schemes of service, salary scales, leave and discipline; (o) to establish pension or superannuation or provident fund schemes for the benefit of its employees, and to enter into arrangements with other organizations or persons for the establishment of such schemes; (p) to regulate and provide for the residence of officers, teachers, staff and students of the University and the welfare and discipline of teachers, staff and students;
(q) to demand and receive such fees as may from time to time be prescribed by Rules; and
(r) to do all such acts and things, whether or not incidental to the powers aforesaid as may be requisite in order to further instruction, research, finance, administration, welfare and discipline in the University. (2) If the Yang di-Pertuan Agong is satisfied, with a view to maintenance and promotion of the Federation's foreign relations, that it is necessary to confer an honorary degree upon a foreign dignitary, on the direction by the Yang di-Pertuan Agong the University shall confer such degree as stated in the direction. Additional powers of the University
4A. (1) The Board may, with the approval of the Minister of Finance-- (a) where it appears to be requisite, advantageous or convenient for or in connection with the discharge of the functions, exercise of the powers and carrying on of the activities of the University, enter into equity participation, partnership, joint venture, undertaking or any other form of co-operation or arrangement in association with, or otherwise-- (i) an enterprise, company, private undertaking or syndicate of persons constituted for carrying on business in Malaysia or elsewhere; (ii) the Federal or State Government;
(iii) a public body or authority;
(iv) a commission; or
(v) a person;
(b) establish or promote the establishment of companies under the Companies Act 1965 [Act 125] to carry on and engage in any activity which has been planned or undertaken by the University;
(c) establish corporations to carry out and have the charge, conduct and management of any property, project, scheme or enterprise which in the 030e.fm Page 33 Monday, March 27, 2006 2:42 PM
34 Laws of Malaysia ACT 30
opinion of the Board would be beneficial and advantageous to the University;
(d) borrow, at such rate of interest and for such period and upon such terms as the Board may approve, any sums required by the University for meeting its obligations or discharging any of its duties; (e) secure borrowings under paragraph (d) by the issue of bonds, debentures or debenture stocks of such class and value or to charge, mortgage, pledge or otherwise create liens over its property, movable or immovable, upon such terms as the Board may deem expedient;
(f) acquire and hold for investment shares, stocks, debentures, debenture stocks, bonds, obligations and securities issued or guaranteed by-- (i) any company or private undertaking or any syndicate of persons constituted for carrying on business in Malaysia or elsewhere; (ii) the Federal or State Government;
(iii) a sovereign ruler;
(iv) commissions; and
(v) a public body or authority;
(g) acquire shares, stocks, debentures, debenture stocks, bonds, obligations or securities referred to in paragraph (f) by original subscription, tender, purchase, transfer, exchange or otherwise;
(h) exercise and generally enforce all rights and powers conferred by or incidental to the ownership of shares, stocks, debentures, debenture stocks, bonds, obligations or securities referred to in paragraph (f) and in particular to sell, transfer, exchange or otherwise dispose of the same; and (i) purchase, take on lease or hire or otherwise acquire and invest in any real and personal estate which may be deemed necessary or convenient for any of the purposes of the University.
(2) Section 4B shall apply to a corporation established under paragraph (1)(c). Provisions relating to corporations
4B. (1) The Board shall, on or before the date on which any corporation is established under paragraph 4A(1)(c), prescribe by regulations-- (a) the purposes and objects for which such corporation is established; (b) the rights, powers, duties and functions of such corporation; (c) the system of management of such corporation; and (d) the relations between such corporation and the University and the rights of control of the Board over such corporation.
(2) Any regulations made under subsection (1) shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted under this Constitution. 030e.fm Page 34 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 35
(3) The Board may at any time amend, revoke, or add to, any regulation made in respect of any corporation under subsection (1). (4) The Board may, with the approval of the Minister after consultation with the Minister of Finance, direct that any corporation established by it be wound up and dissolved.
(5) Upon the dissolution of any corporation under subsection (4), assets of the corporation after payment of all liabilities shall be transferred to and vested in the University.
(6) The winding up of a corporation under subsection (4) shall be conducted in such manner as the Board may prescribe by regulations. (7) Regulations made under this section shall be published in the Gazette. (8) Every corporation established under paragraph 4A(1)(c)-- (a) shall be a body corporate by such name as the Board shall give to such corporation;
(b) shall have perpetual succession;
(c) shall have a common seal;
(d) may sue and be sued in its corporate name;
(e) may enter into contracts;
(f) may hold, and deal in or with, any movable or immovable property; and (g) may do all other matters and things incidental or appertaining to a body corporate not inconsistent with this Constitution, subject to such restrictions or limitations as may be specified by the Board in each case.
(9) Every such corporation shall have a common seal, which shall bear such device as the corporation, with the approval of the Board, may determine. (10)The common seal may from time to time be broken, changed, altered and made anew by the corporation, with the approval of the Board, as the corporation shall think fit.
(11)Until a seal is provided by the corporation under subsection (9) a stamp bearing the name of the corporation encircling the letters "UNIVERSITY . . ." may be used as its common seal.
(12)The common seal, or the stamp referred to in subsection (11) shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person.
(13)All deeds, documents and other instruments purporting to be sealed with the seal, authenticated as provided in subsection (12) shall, until the contrary is proved, be deemed to have been validly executed.
030e.fm Page 35 Monday, March 27, 2006 2:42 PM
36 Laws of Malaysia ACT 30
(14)Any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf.
(15)The seal of every corporation shall be officially and judicially noticed. Conduct of study, etc., in association, etc., with any University 4C. The University may, with the approval of the Minister, conduct any course of study or training programme jointly or in association, affiliation, collaboration or otherwise, with any University or institution of higher education or other educational institution or organization within or outside Malaysia. Distinctions of race and creed prohibited
5. Subject to Article 153 of the Federal Constitution, membership of the University, whether as an officer, teacher or student, shall be open to all persons irrespective of sex, race, religion, nationality or class; and no test of religious belief or profession shall be adopted or imposed in order to entitle any persons to be admitted to such membership or to be awarded any degree or diploma of the University, nor shall any fellowship, scholarships, exhibition, bursary, medal, prize or other distinction or award be limited to persons of any particular race, religion, nationality or class if the cost of the same is met from the general funds of the University. The seal of the University
6. (1) The common seal of the University shall be such seal as may be approved by the Chancellor on the recommendation of the Board and such seal may in like manner from time to time be broken, changed, altered and made anew. (2) The common seal of the University shall be kept in the custody of the Vice- Chancellor.
(3) The common seal of the University shall not be affixed to any instrument except in the presence of--
(a) The Vice-Chancellor; and
(b) one other member of the Board,
who shall sign their names to the instrument in token of such presence; and such signature shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the University. (3A) Where the instrument referred to in subsection (3) is the scroll of a degree, diploma, certificate or other academic distinction, the common seal of the University shall be affixed to it in the presence of the Vice-Chancellor and a senior officer authorized by the Vice-Chancellor.
(4) The seal of the University shall be officially and judicially noticed. 030e.fm Page 36 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 37
(5) Any document or instrument which (if executed by a person not being a body corporate) will not require to be under seal may in like manner be executed by the University provided that such document or instrument shall be executed on behalf of the University by an officer or any person generally or specially authorized by the Board.
PART II
THE OFFICERS OF THE UNIVERSITY
The Chancellor
7. (1) There shall be a Chancellor who shall be the Head of the University and shall preside when present at any Convocation and shall have such other powers and perform such other duties as may be conferred or imposed upon him by this Constitution or any Statute, Rule or Regulation.
(2) The Chancellor shall be appointed by the Yang di-Pertuan Agong, on the advice of the Minister, for such period, not exceeding seven years, as may be specified by the Yang di-Pertuan Agong.
(3) The Chancellor may be writing under his hand addressed to the Yang di-Pertuan Agong resign his office, or he may be removed by the Yang di-Pertuan Agong.
(4) A person shall be eligible for reappointment to the office of Chancellor. The Pro-Chancellors
8. (1) The Chancellor may appoint, on the advice of the Minister, such persons to be Pro-Chancellors as he may consider proper.
(2) If for any reason the Chancellor is unable to exercise any of his functions under this Constitution or any Statute, Rules or Regulation, he may authorize any of the Pro-Chancellors to exercise such functions on his behalf. (3) Every Pro-Chancellor shall hold office during the pleasure of the Chancellor.
The Vice-Chancellor and Deputy Vice-Chancellor
9. (1) There shall be a Vice-Chancellor who shall be appointed by the Minister, after consultation with the Board.
(2) (Deleted by Act A295).
(3) The Vice-Chancellor shall be the chief executive and academic officer of the University.
030e.fm Page 37 Monday, March 27, 2006 2:42 PM
38 Laws of Malaysia ACT 30
(4) It shall be the duty of the Vice-Chancellor to see that the provisions of this Constitution and the Statutes, Rules and Regulations are observed, and he shall have all such powers as may be necessary for this purpose and, in particular, to ensure that every Authority or committee keeps within its powers or terms of reference. (5) The Vice-Chancellor shall, subject to the provisions of this Constitution, exercise general supervision over the arrangements for instruction, research, finance, administration, welfare and discipline in the University, and may exercise such other powers as may be conferred upon him by this Constitution and any Statute, Rules or Regulation.
(6) (Deleted by Act A295).
(7) The terms of office and other conditions of service of the Vice-Chancellor shall be determined by the Minister, after consultation with the Board, and shall be binding on the University.
(8) There shall be at least one Deputy Vice-Chancellor; the Deputy Vice- Chancellor or Deputy Vice-Chancellors, as the case may be, shall be appointed by the Minister after consultation with the Vice-Chancellor, and any fit and proper person may be so appointed either from within or without the University; the terms of office and other conditions of service of a Deputy Vice-Chancellor shall be determined by the Minister after consultation with the Vice-Chancellor, and shall be binding on the University.
(9) If for any substantial period the Vice-Chancellor is unable by reason of illness, leave of absence or any other cause to exercise any of the functions of his office, the Deputy Vice-Chancellor or, if there is more than one Deputy Vice- Chancellor, such one of them as may be nominated by the Minister shall exercise such functions; and in the event of the absence or disability of the Deputy Vice- Chancellor or all the Deputy Vice-Chancellors (if there be more than one) the Minister shall make such temporary arrangements as he may think fit for the exercise of such functions.
Registrar, Bursar and Librarian
10. (1) There shall be a Registrar, a Bursar and a Librarian, who shall be whole-time officers of the University and shall have such powers and duties as may be prescribed by Statute.
(2) The Registrar, the Bursar and the Librarian shall be appointed by the Board on the advice of the Selection Committees.
(3) Subject to the provisions of this Constitution, the terms of office and other conditions of appointment of the Registrar, the Bursar and the Librarian shall be determined by the Board.
Other officers
11. The University may appoint such other officers or servants as may be prescribed by Statute.
030e.fm Page 38 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 39
PART III
THE UNIVERSITY AUTHORITIES
The Authorities
12. (1) The Authorities of the University shall be the Board, the Senate, the Faculties, the Schools, the Centres, the Academies, the Institutes, the Studies Committee, the Selection Committees, the Student Welfare Committee and such other bodies as may be prescribed by Statute as Authorities of the University. (2) Subject to the provisions of this Constitution, the composition, powers and procedure of the Authorities shall be prescribed by Statute. (3) The provisions of the Second Schedule shall apply to non ex-officio members of an Authority.
The Board of Directors
13. The Board of Directors shall consist of-- (a) a Chairman;
(b) the Vice-Chancellor;
(c) two persons to represent the Government;
(d) one person to represent the community at the place where the University is located; and
(e) not more than three persons who because of their knowledge or experience would in the opinion of the Minister be of assistance to the Board, at least one of whom shall be from the private sector.
Provisions relating to the Board
14. (1) The appointment of the members of the Board, except the Vice-Chancellor, shall be made by the Minister for a period of three years and upon the expiry of such period the members of the Board shall be eligible for reappointment. (2) The Secretary of the Board, who may or may not be a member of the Board, shall be appointed by the Chairman.
(3) The Chairman and three other members of the Board shall constitute a quorum for any meeting of the Board.
(4) Members of the Board shall be paid such remuneration or allowance as the Minister may determine.
(5) Subject to this Constitution, the Board may determine its own procedure. Temporary exercise of functions of Chairman
15. (1) The Minister may appoint any member of the Board to exercise the functions of the Chairman during any period the Chairman is for any reason unable 030e.fm Page 39 Monday, March 27, 2006 2:42 PM
40 Laws of Malaysia ACT 30
to exercise his functions or during any period of any vacancy in the office of the Chairman.
(2) A member appointed as the Chairman under subsection (1) shall, during the period in which he is exercising the functions of the Chairman, under this section, be deemed to be the Chairman.
Powers of the Board
16. (1) The Board shall be the executive body of the University, and may exercise all the powers conferred on the University, save in so far as they are by this Constitution or the Statutes, Rules and Regulations conferred on some other Authority or body or on some officer of the University. (2) No resolution shall be passed by the Board relating to any matter within the powers of the Senate, unless the Senate has first been given the opportunity of recording and transmitting to the Board its opinion thereon. The Senate
17. (1) The Senate shall consist of-- (a) the Vice-Chancellor, who shall be Chairman;
(b) all Deputy Vice-Chancellors;
(c) all Deans of the Faculties and all Heads of the Schools, Centres, Academies and Institutes of the University; and
(d) not more than twenty professors to be determined by the Vice-Chancellor. (1A) The Vice-Chancellor may from time to time co-opt any other person to be members of the Senate or to attend the meetings of the Senate. (1B) In the absence of the Vice-Chancellor, a Deputy Vice-Chancellor shall preside at any meeting of the Senate.
(2) The Senate shall be the academic body of the University and, subject to the provisions of this Constitution, the Statutes, Rules and Regulations, shall have the control and general direction of instruction, research and examination, and the award of degrees, diplomas, certificates and other academic distinctions. (3) In the performance of its duties, functions and responsibilities, the Senate may delegate any of its duties, functions and responsibilities to its members of a committee consisting of its members.
The Faculty, School, Centre, Academy, Institute
18. (1) The University shall be divided into such number and names of Faculties, Schools, Centres, Academies and Institutes as may be prescribed by Statute. (1A) The University may, upon consultation with the Studies Committee, set up departments or other units or bodies in respect of a Faculty, a School, a Centre, an Academy and an Institute.
030e.fm Page 40 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 41
(2) A Faculty, School, Centre, an Academy and an Institute shall be responsible to the Senate for the organization of instruction in the subject of study within the purview of the Faculty, School, Centre, Academy or Institute, as the case may be, and may exercise such other functions as may be conferred on it by Statute, Rule or Regulation.
(3) The Vice-Chancellor shall appoint a Dean in respect of each Faculty and at least one Deputy Dean. The Dean shall be chairman of the Faculty and shall exercise such other functions as may be vested in him by Statute, Rules or Regulation; and if owing to his absence on leave or for any other reason the Dean is unable to perform the duties of his office, it shall be lawful for the Deputy Dean or any other senior officer appointed by the Vice-Chancellor to perform such duties of the Dean for such time as such disability may continue.
(4) The Vice-Chancellor shall have power to appoint a person to be head of a School, a Centre, an Academy and an Institute, and such head shall be styled by such title as may be prescribed by Statute, Rules or Regulation; and if owing to absence on leave or for any other reason the head of a School, a Centre, an Academy or an Institute and is unable to perform his duties, the Vice-Chancellor may, except as otherwise provided by Statute, appoint any person to perform such duties for such time as such disability shall continue.
(5) A Dean, a Deputy Dean or the head of a School, a Centre, an Academy or an Institute appointed under subsection (3) or (4), as the case may be, shall be appointed for a period not exceeding four years, but shall be eligible for re- appointment.
(6) Notwithstanding subsection (5), the Vice-Chancellor may, if he deems fit, revoke any appointment made under subsection (3) or (4) at any time during the term of such appointment.
The Studies Committee
19. A Studies Committee may be appointed by the Senate for either of the following purposes:
(a) to deal with matters pertaining to any Faculty, School, Centre, Academy and Institute; and
(b) to consider proposals referred to it by the Senate for the establishment of a new Faculty, School, Centre, Academy and Institute, and in either case to report thereon to such Faculty, School, Centre, Academy or Institute, or to the Senate, as the case may require. The Selection Committee
20. (1) A Selection Committee for purposes of appointment to a Chair shall consist of--
(a) the Vice-Chancellor, who shall be the chairman; (b) two members of the Board appointed by the Board; 030e.fm Page 41 Monday, March 27, 2006 2:42 PM
42 Laws of Malaysia ACT 30
(c) the Dean of the Faculty or Head of the School, Centre, Academy or Institute to which the Chair will be allocated; and (d) two members of the Senate appointed by the Senate. (2) Save as provided in subsection (3) the Selection Committee shall be convened and presided by the Vice-Chancellor.
(3) Whenever it is decided to fill an appointment other than that to a Chair, the Board may, on the recommendation of the Vice-Chancellor, appoint different Selection Committees in respect of different appointments and the Selection Committee convened for that purpose shall be presided by the Deputy Vice- Chancellor, or, in his absence, by a member elected by the members present at the meeting.
(4) Where the Deputy Vice-Chancellor is not a member of the Selection Committee, he shall for the purpose of the meeting in which he presides under subsection (3) and the decision made thereat, be deemed to be a member of the Selection Committee.
(5) The association of external experts with the making of appointments may be prescribed by Statute.
The Student Welfare Committee
21. (1) There shall be established a Student Welfare Committee which shall consist of the Vice-Chancellor and such other persons as may be appointed by the Board. (2) The Student Welfare Committee shall have such powers as may be prescribed by Statute.
Guild of Graduates or the Alumni of the University
22. (1) Subject to the approval of the Board, it shall be lawful for not less than thirty graduates of the University to form and establish an association to be known as the Guild of Graduates or the Alumni of the University. (2) The Guild of Graduates or the Alumni of the University shall be governed and administered in accordance with its constitution and rules made by it and no such constitution and rules so made or any amendments thereto shall come into force unless and until approval thereof shall have first been obtained from the Board. (3) Nothing in this section shall be construed as constituting the Guild of Graduates or the Alumni of the University to be an Authority of the University or as conferring any power thereon to elect as its representatives to the Board persons who are for the time being employed by the University as members of its academic and non-academic staff.
Term of office of members of Authorities
23. (1) Except as may be prescribed by this Constitution or by any Statute, the term 030e.fm Page 42 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 43
of office of a person elected or appointed to be a member of an Authority, otherwise than ex-officio, shall be three years:
Provided that--
(a) where the person is elected or appointed because he holds an office or is a member of some other Authority or body, he shall cease to be a member of the Authority if before the expiry of his term of office he ceases to hold such office or to be a member of such Authority or body; and (b) a person who retires at the end of his term of office shall be eligible for re- election or reappointment if he is otherwise qualified. (2) Where a person is a member of an Authority ex-officio, a person appointed to act for him shall be a member of the Authority ex-officio so long as he is so acting and is otherwise qualified.
(3) The decisions of an Authority shall be valid notwithstanding any vacancy among its members.
Meetings
23A. (1) The Authority shall meet as and when required to do so by the chairman of the Authority.
(2) The chairman shall preside at a meeting of the Authority and in his absence the members of the Authority shall elect one of their number to preside over the meeting.
(3) The quorum of a meeting of the Authority, other than the Board, shall be determined by Statute.
Majority
24. (1) Subject to the provisions of this Constitution and to any Statutes, Rules or Regulations, a question at any meeting of any Authority shall be decided by a majority of the votes of the members present.
(2) The chairman and every member shall have and may exercise one vote each, but in the event of an equality of votes, the chairman or the member presiding over that meeting shall have and may exercise a casting vote. PART IV
STATUTES, RULES AND REGULATIONS
Statutes
25. Subject to the provisions of this Constitution, Statutes may be made to deal with any or all of the following matters:
(a) the powers and duties of the officers of the University; 030e.fm Page 43 Monday, March 27, 2006 2:42 PM
44 Laws of Malaysia ACT 30
(b) the composition, powers, duties and procedure of the Authorities of the University;
(c) the methods of appointment and the conditions of service of the officers and teachers of the University, except in relation to their discipline; (d) the determination of the degrees, diplomas, certificates and other academic distinctions to be conferred by the University;
(e) the conditions of admission and of residence and welfare of students; (f) the management of the library;
(g) all other matters which under this Constitution may be regulated by Statute; and
(h) matters incidental to or consequential upon any of the matters aforesaid. Procedure on making, amending, or revoking Statutes
26. (1) The Chancellor may, subject to the provisions of this section, make, revoke or amend any Statute.
(2) The proposal for the making of any new Statute or the revocation or amendment of any Statute, shall be prepared by the Board. (3) A proposal for a new Statute, or of any amendment to a Statute, dealing with any of the following matters, that is to say:
(a) the powers and duties of the Dean of a Faculty or the Head of a School, a Centre, an Academy and an Institute;
(b) the composition, powers, duties and procedure of the Senate, a Faculty, a School, a Centre, an Academy, an Institute, a Studies Committee, a Selection Committee or a Student Welfare Committee; (c) the determination of degrees, diplomas, and other academic distinctions to be conferred by the University;
(d) the methods of appointment and the conditions of service of teachers; (e) the conditions of residence and the welfare of students; (f) the management of the library; and
(g) all other matters within the jurisdiction of all the Senate under this Constitution or any Statute,
shall not be submitted to the Chancellor until it has been referred to the Senate and the Senate has reported to the Board its observations thereon. (4) (Deleted by Act A946).
Rules
27. Subject to the provisions of this Constitution and the Statute, Rules may be made for all or any of the following matters:
030e.fm Page 44 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 45
(a) the principles governing the award of degrees, diplomas, certificates and other academic distinctions;
(b) the number and scope of examinations;
(c) the appointment, powers, duties, remuneration and conditions of service of examiners and the conduct of examinations;
(d) the admission of students to the examinations, degree and diploma courses of the University and to residence in the University; (e) the methods of appointment and the conditions of service of persons in the employment of the University, except in relation to their discipline; (f) the establishment and regulation of pension, superannuation and provident fund schemes for the benefit of the employees of the University or any section of them;
(g) the conditions of residence and the welfare of students; (h) the fees to be charged for courses of study, for residence, for admission to examination, for degrees, diplomas, certificates or other academic distinctions and any other fees that may be levied by the University; (i) the management of the lecture halls, library, information resources, laboratories, research institutes, halls of residence, and all branches of University activity not specifically provided for in this Constitution or by Statute;
(j) the constitution, powers and duties of any committee or other body not specifically provided for in this Constitution or by Statute; (k) all matters which by this Constitution or any Statute may be prescribed by Rules; and
(l) all matters within the powers of the University and not otherwise provided for by this Part of this Constitution.
Procedure on making, amending or revoking Rules
28. (1) The Board may, subject to the provisions of this section, make, amend or revoke any Rules.
(2) The draft of any Rules dealing with--
(a) any matter referred to in paragraphs 27(a), (b), (c), (d), (g) and (i); or (b) any matter within the jurisdiction of the Senate, shall be proposed by the Senate; and the Board may approve the draft or refer it back to the Senate with observations or proposals for amendment, and no such Rules shall be made until the Senate has agreed to its terms. Regulations
29. (1) The Board and the Senate may each make regulations for its own procedure. 030e.fm Page 45 Monday, March 27, 2006 2:42 PM
46 Laws of Malaysia ACT 30
(2) The Board may after consulting the Senate make regulations for the procedure of Selection Committees.
(3) The Senate may make regulations for the procedure of a Faculty, a School, a Centre, an Academy, an Institute or Studies Committee, or of any other committee or body subject to the jurisdiction of the Senate. (4) The Senate may make regulations prescribing courses of study or syllabuses of examinations.
(5) Regulations may be made by any Authority if it is so empowered by this Constitution, Statute or Rules.
Publications of Statutes, Rules and Regulations
30. (1) When any new Statute or Rules is made, amended or revoked every such Statute, Rules, amendment or revocation shall be published in the Gazette and in such other manner as the Board may direct.
(2) The Statutes, Rules and Regulations of the University as amended from time to time shall be published in book form at such intervals as the Board may direct, and copies shall be made available for purchase at a reasonable price by members of the public.
(3) Nothing in this section shall apply to--
(a) any Rules or Regulation containing only instructions to examiners or invigilators; or
(b) any Rules or Regulation which the Board resolves not to publish. Constitution, inconsistencies between the Statutes, etc.
31. In the event of-- (a) any Statute being inconsistent with the provisions of this Constitution; or (b) any Rules being inconsistent with the provisions of this Constitution or any Statute; or
(c) any Regulation being inconsistent with the provisions of this Constitution or any Statute or Rules;
then the provisions of the Constitution, Statute or Rules, as the case may be, shall prevail, and such Statute, Rules or Regulations, as the case may be, shall to the extent of the inconsistency be void.
PART V
FINANCIAL PROVISIONS
Standing Finance Committee
32. The Board shall appoint a Standing Finance Committee for regulating and controlling the finances of the University.
030e.fm Page 46 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 47
Preparation of estimates
33. It shall be the duty of such officer or officers of the University as may be prescribed by Statute to prepare for the consideration of the Vice-Chancellor the estimates of income and expenditure of the University for each financial year. Financial year
34. (1) For the purposes of this Part the financial year shall be the calendar year or such other period as the Board may determine.
(2) The accounts of the Board shall, as soon as may be, be balanced for the preceding financial year and an annual statement or abstract thereof shall be prepared. (3) The annual statement or abstract referred to in subsection (2) shall be prepared in such form and shall contain such information as the Board may from time to time direct.
Annual estimates
35. (1) The Board shall, not less than four months before the end of the financial year, approve detailed estimates of revenue and expenditure of the University for the next financial year and present such estimates, together with the comments of the Board thereon, to the Minister.
(2) Before the date fixed for the meeting of the Board for the purpose of approving such estimates the Standing Finance Committee shall prepare draft estimates for submission to the Board, and the copy of such estimates shall be delivered to each member of the Board not less than seven days before the date fixed for such meeting.
(3) The Board may, subject to subsection (1), in its discretion approve, modify or reject all or any of the items appearing in such draft estimates or refer any item back to the Standing Finance Committee for its consideration or add any item thereto. Supplementary estimates
36. Where additional financial provision is required in any year the Board may from time to time approve supplementary estimates for the purpose of showing the sources from which any additional expenditure incurred by it may be met. No expenditure to be incurred unless included in the estimates
37. (1) The Board shall not incur any expenditure which has not been included in any approved estimates:
Provided that subject to the provisions of this Constitution the Board may transfer all or any part of the moneys assigned--
(a) to one item of annually recurrent expenditure to another item of annually recurrent expenditure;
030e.fm Page 47 Monday, March 27, 2006 2:42 PM
48 Laws of Malaysia ACT 30
(b) to one item of capital expenditure to another item of capital expenditure. (2) Subsection (1) shall not apply to--
(a) moneys deposited with the University by any person, wherever by the conditions of such deposit any such sum has become repayable; (b) moneys collected and credited to the Funds of the University in error; (c) moneys payable by the University under any judgment or order of court; (d) moneys expended by the University in instituting or defending legal proceedings; and
(e) expenditure arising out of any property or moneys referred to in section 39. Form of estimates
38. The annual and supplementary estimates shall be prepared in such form and shall contain such information as the Board may direct, and shall show in separate parts the annually recurrent expenditure and the capital expenditure of the University. Power of the Board to accept gifts
39. (1) The Board may on behalf of the University accept by way of grant, gift, testamentary disposition, subventions, legacies or otherwise, property and moneys in aid of the finances of the University on such conditions as it may determine. (2) Registers shall be kept of all donations to the University including the names of donors to the University and any special conditions on which any donation may have been given.
Property given for specific purposes to be separately accounted for
40. All property, moneys or funds given for any specific purposes shall be applied and administered in accordance with the purposes for which they may have been given and shall be separately accounted for.
Form of contracts
41. Any contract involving the expenditure of the University shall be in writing, signed on behalf of the University by any staff, officer or employee of the University duly authorized by the Board, either specially in any particular case or generally for all contracts below a certain value or otherwise as may be specified in the authorization.
42. (Deleted by Act A946). Audit
43. (1) The accounts of the University shall be audited annually by auditors appointed by the Board.
030e.fm Page 48 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 49
(2) The audited accounts, with any observation made thereon by the auditors, shall be presented to the Minister.
PART VI
GENERAL PROVISIONS
Convocation
44. (1) A Convocation for the conferment of degrees shall be held annually, or as often as the Chancellor may direct, on such date as may be approved by the Chancellor.
(2) In the absence of the Chancellor or of a Pro-Chancellor, authorized for this purpose by the Chancellor, the Vice-Chancellor shall preside over Convocation. (3) (Deleted by Act A946).
Appointments of teachers and employees
45. (1) All persons employed or to be employed by the University as teachers, the Registrar, the Bursar or the Librarian, shall be appointed as such by the Board on the advice of the Selection Committee.
(2) All persons employed or to be employed by the University other than those mentioned in subsection (1) shall, subject to any Rule or Statute, be appointed by the Board.
(3) Every person employed by the University shall hold office on such terms and conditions as may be prescribed by the Board and the terms and conditions to be so prescribed shall be deemed to include a provision-- (a) in relation to teaching, examining, invigilating and other similar duties, that his employment is subject to the provisions of this Constitution and to the provisions of all Statutes, Rules and Regulations as from time to time amended; and
(b) in relation to all other terms and conditions of service that his employment is subject to the provisions of this Constitution and to the provisions of all Statute, Rules and Regulations in force on the date of the commencement of his employment.
(4) Nothing in this section shall prevent the Board from entering into a special contractual arrangement with a person to be so employed by the University if it is in the opinion of the Board expedient so to do.
Royal Professors
46. (1) Notwithstanding sections 20 and 45, the Yang di-Pertuan Agong may, after consultation with the Chancellor, from time to time appoint persons of exceptional academic distinction to be professors of the University: 030e.fm Page 49 Monday, March 27, 2006 2:42 PM
50 Laws of Malaysia ACT 30
Provided that the number of persons so appointed shall not at any time exceed three in number.
(2) Any person appointed under subsection (1) shall be known as a Royal Professor and--
(a) shall hold office upon such terms and conditions as the Chancellor with the approval of the Yang di-Pertuan Agong may deem appropriate; and (b) subject to the terms of his appointment and to any direction by the Chancellor, shall have all the powers and perform all the duties conferred or imposed upon professors by this Constitution, and any Statute, Rules and Regulation made thereunder.
All appointments to be subject to the Universities and University Colleges Act 1971 and any subsidiary legislation thereunder
46A. Notwithstanding sections 45 and 46 or any other provision of this Constitution, every person employed by the University, including professors appointed under section 46, shall hold office subject to the provisions of the Universities and University Colleges Act 1971 [Act 30] and any subsidiary legislation made thereunder, including rules made under section 16C thereof, and the terms and conditions of their employment or appointment shall be deemed to include a provision to this effect.
Admission of students
47. A student shall not be admitted to the University to a course of study for a degree unless he shall have satisfied such requirements as may be prescribed by Rules: Provided that, except with the agreement of the Minister, students who have been awarded Federal or State scholarships, loans or other similar financial assistance from public funds for University degree courses, shall not be refused admission if they satisfy such requirements.
The Students' Representative Council
48. (1) The registered students of the University, other than external students, shall together constitute a body to be known as the Students' Union of the University (hereinafter in this Constitution referred to as "the Union"). (2) The Union shall elect a Students' Representative Council (hereinafter in this Constitution referred to as "the SRC") in the following manner: (a) the registered students of each Faculty, School, Centre, Academy and Institute shall elect by secret ballot conducted by the Dean of the Faculty or the Head of the School, Centre, Academy or Institute, as the case may be, such uniform number of registered students of the respective Faculty, School, Centre, Academy and Institute to be representatives in the SRC, as may be determined by the Vice-Chancellor;
(b) the registered students as a whole shall elect by secret ballot conducted by any officer appointed by the Vice-Chancellor for that purpose such 030e.fm Page 50 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 51
number of registered students to be representatives to the SRC as may be determined by the Vice-Chancellor, being, in any case, not more than half of the number of representatives elected under paragraph (a). (3) The SRC shall elect from among its members a President, a Vice-President, a Secretary and a Treasurer, who shall be its only office-bearers, unless otherwise authorized in writing by the Vice-Chancellor; the office-bearers so authorized by the Vice-Chancellor shall be elected by the SRC from the members of the SRC. (4) The members of the SRC and its office-bearers shall be elected for one year. (5) The SRC's decision shall be taken by a majority vote with not less than two- thirds of the members being present and voting.
(6) The SRC may form from time to time, with the prior approval in writing of the Vice-Chancellor, appoint ad hoc committees from among its members for specific purposes or objects.
(7) No student against whom disciplinary proceedings are pending, or who has been found guilty of a disciplinary offence, shall be elected or remain a member of the SRC or an office-bearer of any student body or committee, unless authorized in writing by the Vice-Chancellor.
(8) A student who has not yet appeared for his first examination in the University for his course of studies, or who has failed, or did not appear for, the last examination held by the University for his course of studies immediately prior to any proposed election or elections to the SRC or by the SRC or to or by any other student organization or body, shall be disqualified from being elected at such election or elections.
(9) Nothing in this section shall preclude any graduate, who is registered as a student for a higher degree or a post-graduate diploma, from becoming an associate member of the Union.
(10) The objects and functions of the SRC shall be: (a) to foster a spirit of corporate life among the students of the University; (b) to organize and supervise, subject to the direction of the Vice-Chancellor, student welfare facilities in the University including recreational facilities, spiritual and religious activities, and the supply of meals and refreshments; (c) to make representations to the Vice-Chancellor on all matters relating to, or connected with, the living and working conditions of the students of the University;
(d) to be represented on any body which may, in accordance with Rules made by the Board for the purpose, be appointed to undertake student welfare activities in the University; and
(e) to undertake such other activities as may be determined by the Board from time to time.
030e.fm Page 51 Monday, March 27, 2006 2:42 PM
52 Laws of Malaysia ACT 30
(11) The Union or the SRC shall not maintain any fund or make any collection of any money or property from any source whatsoever, but such reasonable expenses as the SRC may be authorized in advance in writing by the Vice-Chancellor to incur may be paid by the University where reasonable written claims supported by receipts and vouchers are submitted by the SRC to the Vice-Chancellor and are approved by the Vice-Chancellor.
(12) The Treasurer shall keep proper accounts of the SRC and not later than three months after the end of every financial year, being a financial year as specified by the Vice-Chancellor, a copy of the said accounts which shall be audited by a person appointed by the Board shall be submitted by the SRC for approval to the Board.
(13) The SRC shall hold meetings from time to time as it may deem necessary and it shall be the duty of the Secretary to keep minutes of every meeting of the SRC and such minutes shall be confirmed at a subsequent meeting. (14) For the purpose of this section "registered student" means a student who is following a course of study in the University for a degree or a diploma, not being a post-graduate diploma, and includes a student who is a holder of a diploma and is following a course of study for a degree:
Provided that a student shall cease to be a registered student within the meaning of this subsection--
(a) upon the publication of the results of the final examination for such course of study, if he passes such examination; or
(b) upon the publication of the results of any examination for such course of study, if he fails such examination, until he is, thereafter, registered again for that or another course of study applicable to a registered student under this subsection.
Establishment of other student bodies
49. (1) Notwithstanding section 48, it shall be lawful for not less than ten students of the University with the prior approval of the Board and subject to such terms and conditions as the Board may specify, to establish a student body consisting of students of the University for the promotion of a specific object or interest within the University.
(2) Subsections 48(3), (4), (5), (6), (7), (8), (11), (12) and (13) shall apply mutatis mutandis to a student body established under this section as they apply to the SRC.
50. (Deleted by Act A295). Acts ultra vires the Constitution of the SRC or a student body
51. (1) If the Union or the SRC or a student body established under section 49 conducts itself in a manner which in the opinion of the Board is detrimental or 030e.fm Page 52 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 53
prejudicial to the well-being or reputation of the University or acts in contravention of the Constitution of the University or its own Constitution, or any Statute, Rules or Regulation of the University, the Board may suspend or dissolve the Union or the SRC or the said student body; as the case may be, and without prejudice to any liability that may arise under any other written law in force, every office bearer of the Union or the SRC or the said student body, shall be liable to dismissal from the University or to any other disciplinary punishment that may be inflicted upon him. (2) Subsection (1) shall be in addition to and not in derogation from section 16 of the Universities and University Colleges Act 1971. Powers of delegation
52. (1) Where by the provisions of this Constitution or any Statute, Rules or Regulation any officer or authority is empowered to exercise any power or perform any duty, such officer or authority may by instrument in writing subject to the provisions of this section and to such conditions and restrictions as may be prescribed in such instrument, delegate the exercise of such powers or the performance of such duties to any authority or to any committee or to any person described therein by name or office.
(2) A delegation under this section may be revoked at any time by the officer or authority making such delegation.
(3) No delegation of any power or duty under this section shall affect the exercise of such power or the performance of such duty by the officer or authority making such delegation.
(4) Nothing in this section shall apply to any power to make or approve Statutes, Rules or Regulations.
Deprivation of degree, etc., on grounds of misconduct
53. (1) If any member of an Authority, or any graduate of the University, or any person who has received a degree, diploma, certificate or other academic distinction from the University, is convicted by a court of law of any heinous offence whether within or without Malaysia, or is in the opinion of the Board guilty of scandalous conduct, it shall be lawful for the Chancellor, on the recommendation of not less than two-thirds of all the members of the Board--
(a) to remove him from membership of the Authority; or (b) to deprive him of any degree, diploma or other academic distinction conferred upon him by the University.
(2) Scandalous conduct in subsection (1) includes wilfully giving any staff, officer, employee or Authority of the University any information or document which is false or misleading in any material particular in obtaining a degree, diploma, certificate or other academic distinction from the University. Disputes as to elections determined by the Minister
54. If any question arises whether any person has been duly elected, appointed, nominated or co-opted to membership, or is entitled to be or to remain a member of 030e.fm Page 53 Monday, March 27, 2006 2:42 PM
54 Laws of Malaysia ACT 30
any Authority or other body in the University, the question shall be referred to the Minister, whose decision thereon shall be final.
55. (Deleted by Act A80). NOTE
[This Schedule has been modified to apply to the following Universities:
1. Universiti Kebangsaan Malaysia vide P.U.(A)110/1974 and 112/1978;
2. Universiti Teknologi Malaysia vide P.U.(A)230/1976, 231/1976, 118/1978 and 119/1978;
3. Universiti Putra Malaysia vide P.U.(A)410/1976 and 116/1978;
4. University of Malaya vide P.U.(A)110/1978;
5. Universiti Sains Malaysia vide P.U.(A)268/1975 and 114/1978; and
6. Universiti Utara Malaysia vide P.U.(A)348/1986.] SECOND SCHEDULE
[Subsection 12(3) of the Constitution]
Disqualification
1. The following person shall be disqualified from being appointed or being a member of an Authority of the University:
(a) if there has been proved against him, or he has been convicted on, a charge in respect of--
(i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under a law relating to corruption; (iii) an offence under this Act; or
(iv) any other offence punishable with imprisonment for more than two years;
(b) if he becomes a bankrupt; or
(c) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs.
Cessation from being a member
2. A member of an Authority shall cease to be a member-- (a) if he fails to attend three consecutive meetings of the Authority without leave of the chairman of the Authority; or
(b) if his appointment is revoked.
030e.fm Page 54 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 55
Resignation
3. A member of the Authority may resign by giving one month's notice in writing to the chairman of the Authority.
Filling of vacancies
4. Where any person ceases to be a member of an Authority by reason of the provisions of this Act, another person may be appointed to fill the vacancy for the remainder of the term for which the member was appointed. Allowance
5. Members of the Authority shall be paid such allowance as the Minister may determine.
Authority may invite others to meetings
6. (1) The Authority may invite any person to attend a meeting or deliberation of the Authority for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or deliberation. (2) A person invited under subparagraph (1) shall be paid such allowance as the Authority may determine.
Minutes
7. (1) The Authority shall cause minutes of all its meetings to be maintained and kept in a proper form.
(2) Minutes made of meetings of the Authority shall, if duly signed, be admissible in evidence in all legal proceedings without further proof. (3) Every meeting of the Authority in respect of the proceedings of which minutes have been so made shall be deemed to have been duly convened and held and all members thereat to have been duly qualified to act. Disclosure of interest
8. (1) A member of the Authority having, directly or indirectly, by himself or his partner--
(a) an interest in a company or undertaking with which the Authority proposes to make a contract; or
(b) an interest in a contract or matter under discussion by the Authority, shall disclose to the Authority the fact of his interest and its nature. (2) A disclosure under subparagraph (1) shall be recorded in the minutes of the Authority and, unless specifically authorized by the chairman, such member shall take no part in the deliberation or decision of the Authority relating to the contract or matter.
030e.fm Page 55 Monday, March 27, 2006 2:42 PM
56 Laws of Malaysia ACT 30
Validity of acts and proceedings
9. No act done or proceeding taken under this Constitution shall be questioned on the ground of--
(a) a vacancy in the membership of, or a defect in the constitution of, the Authority;
(b) a contravention by a member of the Authority of paragraph 8; or (c) an omission, a defect or an irregularity not affecting the merit of the case. 030e.fm Page 56 Monday, March 27, 2006 2:42 PM
57
LAWS OF MALAYSIA
Act 30
UNIVERSITIES AND UNIVERSITY
COLLEGES ACT 1971
LIST OF AMENDMENTS
Amending law Short title In force from
Act A80 Universities and University Colleges
(Amendment) Act 1971
24-09-1971
Act A295 Universities and University Colleges
(Amendment) Act 1975
13-05-1975
Act A550 Universities and University Colleges
(Amendment) Act 1983
20-02-1983
Act A946 Universities and University Colleges
(Amendment) Act 1996
*01-10-1996
*NOTE Para 2, P.U.(B)428/1996 -- the Minister suspends the operation of the whole of Act A946 in respect of all Universities and University Colleges established under the Universities and University Colleges Act 1971. See also P.U.(B)102/1998 and P.U.(B)163/1998--the Minister revokes the suspension of operation of the whole of Act A946 in respect of the Universities mentioned in it.
030e.fm Page 57 Monday, March 27, 2006 2:42 PM
58
LAWS OF MALAYSIA
Act 30
UNIVERSITIES AND UNIVERSITY
COLLEGES ACT 1971
LIST OF SECTIONS AMENDED
Section Amending authority In force from
2 Act A946 01-10-1996
3 Act A946 01-10-1996
5 Act A550 20-02-1983
Act A946 01-10-1996
5A Act A550 20-02-1983
Act A946 01-10-1996
6 Act A80 24-09-1971
7 Act A946 01-10-1996
8 Act A946 01-10-1996
10 Act A946 01-10-1996
11 Act A80 24-09-1971
15 Act A295 13-05-1975
15A15C Act A295 13-05-1975
15D Act A295 13-05-1975
Act A946 01-10-1996
16 Act A295 13-05-1975
Act A946 01-10-1996
030e.fm Page 58 Monday, March 27, 2006 2:42 PM
Universities and University Colleges 59
16A Act A295 13-05-1975
Act A946 01-10-1996
16B Act A295 13-05-1975
Act A946 01-10-1996
16C Act A295 13-05-1975
16D Act A946 01-10-1996
19 Act A946 01-10-1996
22 Act A295 13-05-1975
Act A946 01-10-1996
23 Act A946 01-10-1996
24 Act A946 01-10-1996
24A24D Act A946 01-10-1996
26 Act A946 01-10-1996
First Schedule Act A80 24-09-1971
Act A295 13-05-1975
Act A550 20-02-1983
Act A946 01-10-1996
Second Schedule Act A946 01-10-1996
Section Amending authority In force from
030e.fm Page 59 Monday, March 27, 2006 2:42 PM
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/my/legis/consol_act/uauca1971417