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University of Malaya Act 1961

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Enacted
1961
Sections
12
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University of Malaya Act 1961 is Malaysia Act, cited as Act 682 1961, currently marked in force and first recorded in 1961.

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Act 682

UNIVERSITY OF MALAYA ACT

1961

As at 1 November 2017

Act 682

First enacted

… … … … … …

1961 (Act No. 44 of

1961)

Revised

… … … … … … …

2007 (Act 682 w.e.f.

6 December 2007

University of Malaya 3

Act 682

Opening note

Preamble

  1. An Act to provide for the establishment and incorporation of the University of Malaya and for matters connected therewith. [1 January 1962, L.N. 400/1961] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

This Act may be cited as the University of Malaya Act 1961

and shall come into force on such date as the Minister may by notification in the Gazette appoint.

Interpretation

In this Act, unless the context otherwise requires—

“Act”, “regulation” and “Statute” respectively have the same meaning as in the Constitution;

“appointed day” means the date appointed under section 1;

“Constitution” means the Constitution of the University contained in the *Schedule to this Act, as amended from time to time;

*NOTE—The Schedule has been replaced vide P.U. (A) 104/1972 which in turn has been repealed and replaced vide P.U. (A) 107/1997. Paragraph 2 of the Schedule defines “Foundation Day” as the date appointed under section 1 of the University of Malaya Act 1961.

Act 682

“Minister” means the Minister charged with responsibility for the University;

“provident scheme” means

(a)

any provident fund scheme established by the University of Malaya under the powers conferred on the University by the Constitution contained in the Schedule to the

University of Malaya Ordinance 1949 [Ord. No. 17 of 1949]; and

(b)

any provident scheme continued in force by any rules made under the University of Malaya Ordinance 1949

of Singapore [Ord. No. 12 of 1949];

“University” means the University of Malaya established and incorporated by this *Act.

Constitution of University of Malaya to have the force of law

The Constitution shall, upon the appointed day, take effect and have the force of law within Malaysia.

University to keep office as an address for service in Malaysia

(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 the University or such officer or authority to whom they may have been addressed, in all proceedings before any court in Malaysia.

*NOTE—Section 25 of the Universities and University Colleges Act 1971 [Act 30] deems the

University of Malaya to be a University established under and subject to, Act 30.

University of Malaya 7

Copies of Statutes, etc., to be kept at office of University

The University shall keep at the office mentioned in section 4

a copy of each current Statute, Act, regulation or other document 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

(1)

The Minister shall pay to the University such moneys as may be provided by Parliament from time to time as grants-in-aid of the University.

(2)

All moneys paid to the 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 Part V of the Constitution:

Provided that any such moneys appropriated to and not applied for the purpose of the annually recurrent expenditure of the

University may, at the discretion of the University, be applied to capital expenditure.

(3)

A copy of the accounts of the University for each financial year when prepared and audited in accordance with the Constitution shall, as soon as practicable after the completion of the audit, be sent to the Minister.

Acquisition of land for purposes of the University

(1)

When any immovable property, not being State land or reserved land or land vested in a 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 the University and cannot be acquired by agreement, such property may be acquired in accordance with 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 situate, and any declaration required

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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.

(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.

Protection of benefits under provident schemes

The following provisions shall apply to any 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;

(c)

no donation or contribution to a fund established under a provident scheme or interest thereon shall be assignable or transferable 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;

University of Malaya 9

(d)

no such donation or contribution or interest shall 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 judgment of the Court, such donation or contribution or interest shall, subject to this Act and the

Constitution and 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 affect 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 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 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.

Enforcement of transitional provisions in Malaysia

Any rules made by the Governor in Council, and approved by the Legislative Council of Singapore, under the University of

Malaya Ordinance 1949 [Ord. No. 12 of 1949] which relate to—

(a)

the terms and conditions of service of persons transferred from the service of the Government of Singapore, or of the Councils of Raffles College or the King Edward VII

College of Medicine, to the service of the University;

(b)

the continuance in force of any provident scheme and the obligations and duties of the University thereunder;

(c)

the administration by the University of any trust;

(d)

the construction and interpretation in any document of any reference to Raffles College or the King Edward

VII College of Medicine or to the Councils or Principals of either such College; or

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(e)

the transfer to the University of any right, privilege or power of the Council of Raffles College or the Council of

King Edward VII College of Medicine or the performance by the University of any duty or obligation imposed on either of such Councils, shall, in so far as the same may be capable of application within

Malaysia, be binding on the University and all other persons in

Malaysia as if such rules had been rules duly authorized and made under this Act.

Power to make minor amendments of existing laws

(1)

The Yang di-Pertuan Agong may, by order, make such amendments, modifications and adaptations of existing laws as may appear necessary or expedient for the transfer to any officer or member of, or other person associated with, the University of any function vested in any officer or member of, or other person associated with Raffles College or the King Edward VII College of Medicine, and for conferring on any holder of a degree or diploma of the University privileges similar to those conferred by any such written law on the holder of any similar or corresponding diploma of either of such Colleges.

(2)

For the purposes of this section “existing laws” means the laws in force on Foundation Day, as defined in the Constitution.

Exemption from estate duty

No estate duty shall be payable in respect of the amount of any bequest to the 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.

(Omitted)

University of Malaya 11

Act 682

LIST OF AMENDMENTS

Amending law

Short title

In force from

P.U. (A) 104/1972

P.U. (A) 110/1978

P.U. (A) 107/1997

The Constitution of the University of Malaya

University of Malaya (Exemption)

Order 1978

The Constitution of the University of Malaya 01-01-1972 25-03-1978 01-03-1997

LIST OF LAWS OR PARTS THEREOF REPEALED

No.

Title

No. 17 of 1949

The University of Malaya Ordinance 1949

Act 682

Act 682

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

– NIL –

KUALA LUMPUR

WJW008765 11-07-2017

Common questions

What is University of Malaya Act 1961?
University of Malaya Act 1961 is Malaysia Act, cited as Act 682 1961, currently marked in force and first recorded in 1961.
Is University of Malaya Act 1961 still in force?
Yes — University of Malaya Act 1961 is currently in force.
When did University of Malaya Act 1961 take effect?
University of Malaya Act 1961 was first recorded in 1961.
How many sections does University of Malaya Act 1961 have?
University of Malaya Act 1961 contains 12 sections.
Where can I read the official version of University of Malaya Act 1961?
The official text of University of Malaya Act 1961 is published at lom.agc.gov.my.

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