UNIVERSITY OF MALAYA ACT 1961

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

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

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.

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

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.

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

Expenses and compensation in respect of any immovable property acquired under subsection (1) shall be paid by the

University.

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

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;

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;

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;

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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;

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;

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

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;

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

the administration by the University of any trust;

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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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

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