/akn/my/act/act/1966/389

TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966

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Type
Act
Status
In force
Enacted
1966
Sections
21
Languages
EN · MS

Quick answer

About this act

TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 is Malaysia Act, cited as Act 389 1966, currently marked in force and first recorded in 1966.

Opening note

Preamble

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  1. An Act to establish the Tunku Abdul Rahman Foundation Fund and to provide for the management of that Fund and other matters incidental thereto. [28 July 1966] 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

PART I

Section 1

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This Act may be cited as the Tunku Abdul Rahman Foundation

Fund Act 1966, and shall apply throughout Malaysia.

Part II

PART II

Section 3

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(2)

The Fund shall vest in and be managed by a Board of

Trustees (hereinafter referred to as the “Board”) which shall be a body corporate with perpetual succession and a common seal with the power to sue and be sued, to hold property movable or immovable, to make contracts and subject as hereafter provided to convey, assign, surrender, mortgage, lease or otherwise dispose of movable or immovable property vested in the Board upon such terms as it may think fit.

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Part III

PART III

THE BOARD

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Powers of Board to accept grants, donations, etc.

Section 4

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The Board shall have power at its discretion to accept any grants, donations, endowments, gifts, or bequests made to or in favour of the Fund.

Section 5

Members of Board

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(a)

the Chairman, who shall be appointed by the Yang di-Pertuan Agong;

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(d)

six other members to be appointed by the Minister.

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(2)

The Chairman and the members of the Board referred to in paragraph (1)(d) shall be appointed for a period of three years and are eligible for reappointment.

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(3)

The Chairman shall preside at all meetings of the Board.

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(4)

The Board shall meet at such places and times as the Chairman may appoint and at any meeting of the Board five members shall form a quorum.

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(6)

Subject to this Act the Board shall have power to determine its own procedure.

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Tunku Abdul Rahman Foundation Fund

Disqualification of members

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Section 6

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A member of the Board shall be disqualified from holding office as such member if he—

(c)

commits any breach of trust or any dereliction of his duty as such member which in the opinion of the appointing authority warrants his removal.

Removal from office

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Section 7

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(2)

Without prejudice to the power of removal under subsection

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(1)

, the Minister may remove from office any such member of the

Board who by reason of ill-health or prolonged absence from

Malaysia is in the opinion of the Minister rendered incapable of properly performing his duties as a member of the Board.

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Part IV

PART IV

OBJECTS OF THE FUND

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Cost of managing the Fund and object of the Fund

Section 8

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(2)

Subject to the provisions of this Act, the balance of the

Fund after defraying the expenses referred to in subsection (1)

shall be utilized for the following purposes:

(a)

to provide or award such number of studentships, scholarships, study grants or study loans, or any other award or financial assistance as the Board may determine from time to time to be provided or awarded to any person referred to in subsection (3) to enable the person to pursue such course or courses of education as the

Board may think proper; and

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(b)

to provide grants, loans or any other form of financial assistance to any school or other educational institution for purposes of education upon such terms and conditions as the Board may determine from time to time.

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(3)

Paragraph (2)(a) shall apply to any citizen of Malaysia who by virtue of his circumstances or other reasons require in the opinion of the Board to be provided with or assisted by a studentship, scholarship, study grant or study loan or any other award or financial assistance under this Act.

Terms of study award

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Section 9

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(2)

If any recipient of any award made under this Act fails to satisfy section 8 or commits a breach of any of the conditions laid down by the Board or in any way whatsoever misconducts himself he may thereupon be deprived of such award.

Operation of this Act

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Section 10

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(2)

If in the opinion of the Board at any time that circumstances render any award under this Act inadvisable or if there is in any year no candidate entitled in the opinion of the Board to any award under this Act then no such award shall be made for that year and the money which otherwise would have been appropriated to such award may be dealt with as hereinafter provided in this Act.

Cessation of award in certain cases

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Section 11

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The Board may cease to provide, maintain or assist any recipient of an award under this Act who contravenes or fails to

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Tunku Abdul Rahman Foundation Fund comply with the terms or conditions imposed by the Board in accordance with this Act or if it appears to the Board that a further pursuance of his studies is not advantageous or reasonable by reason of his unsatisfactory scholastic progress misconduct or ill-health:

Provided that in any such case of cessation of an award the

Board shall defray all expenses necessary to return such recipient and his dependants if any to Malaysia if they shall have departed therefrom on the instructions or with the approval of the Board.

Section 12

Conditions of award

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Before making any award under this Act the Board may impose such conditions as it deems necessary.

Part V

PART V

Section 13

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(a)

investments for the time being authorized by law for the investment of trust funds; or

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(b)

subject to subsection (2), other forms of investment.

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(2)

Investments under paragraph (1)(b) shall be limited to a maximum of 10 per centum of the assets of the Fund and shall, if invested in shares—

(a)

be made in the shares of companies which have for three successive years immediately preceding such investment paid dividends on their ordinary shares; or

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(b)

be made in the initial public offer shares of companies newly listed on the Stock Exchange which are allocated for and offered to the Fund by the Ministry of Finance or the Ministry of International Trade and Industry.

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(3)

Notwithstanding subsection (1) the Board shall not make any investment in securities issued or registered, or other properties situated, outside Malaysia except with the approval in writing of the Minister of Finance.

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Audit and accounts

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Section 14

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(2)

As soon as may be after the end of each calendar year the

Board shall submit to the Minister an audited account of the revenues and expenditure of the Fund for that year together with a statement of assets and liabilities thereof; and the Minister shall cause the account and statement together with a copy of any observations of the auditor thereon to be laid before each House of Parliament.

Seal of the Board

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Section 15

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(2)

Any instrument bearing the seal of the Board so affixed and attested shall be deemed to have been made by the Board.

Appointment of officers and servants

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Section 16

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The Board shall have power to appoint a Secretary to the

Board and such other officers and servants as may be necessary for carrying out the functions of the Board.

Section 17

Delegation by the Board

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The Board may by instrument in writing under the common seal of the Board delegate to any person or body such of its duties as may be necessary to be performed in or outside Malaysia;

provided that any such person or body shall have no control over the Fund and shall act in all respects in accordance with the direction of the Board.

Section 18

Liability for loss in investment

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No member of the Board shall be liable for any loss arising from or contingent upon any investment made unless such loss has been occasioned by his wilful negligence fraud or dishonesty; and

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Tunku Abdul Rahman Foundation Fund no member of the Board agent or person acting under the authority of the Board shall be personally liable to any action or proceeding for or in respect of any act matter or thing done or omitted to be done in good faith and in the proper exercise of any of the rights or powers of the Board or members thereof.

Section 19

Rules

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(2)

In particular and without prejudice to the generality of the foregoing power such rules—

(a)

may prescribe the awards, the conditions to be observed and the qualifications to be possessed by the candidates;

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(b)

may provide for the payment of salaries and allowances and conditions of service of the officers and servants of the Board;

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(c)

may provide for the establishment and management of a superannuation or provident fund scheme for its officers and servants.

Liquidation

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Section 20

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(2)

If on receipt of such report the Minister considers that an appeal for grants donations endowments or gifts should be made he shall forthwith direct the Board to make such appeals and the

Board shall accordingly comply with such direction.

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(3)

If after the expiration of six calendar months from the date any appeal is made under subsection (2) no adequate grants donations or endowments are received by the Board the Minister shall direct that the Fund be liquidated; and proceedings for liquidation shall commence according to the rules made under this Act.

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Transfer into Fund of moneys in the hands of sponsors

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Section 21

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Upon the commencement of this Act all moneys and other assets on the custody, control or management of any person or persons by virtue of any authority whatsoever and donated to the

Fund or received by such person or persons in anticipation of the promulgation of this Act together with any interest or dividends accrued thereon shall be deemed to form part of the Fund and shall be transferred to and vested in the Board.

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Tunku Abdul Rahman Foundation Fund

Act 389

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act A1045

Tunku Abdul Rahman Foundation 01-01-1999

Fund (Amendment) Act 1998

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Act 389

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 8

Act A1045 01-01-1999 13

Act A1045 01-01-1999

KUALA LUMPUR

Common questions

What is TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966?
TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 is Malaysia Act, cited as Act 389 1966, currently marked in force and first recorded in 1966.
Is TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 still in force?
Yes — TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 is currently in force.
When did TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 take effect?
TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 was first recorded in 1966.
How many sections does TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 have?
TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 contains 21 sections.
Where can I read the official version of TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966?
The official text of TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 is published at lom.agc.gov.my.