Section 1
This Act may be cited as the Co-operative College (Incorporation) Act 1968.
The full official text, structured for quick navigation. Copy any provision or jump straight to a section.
Co-Operative College (Incorporation) Act 1968 is Malaysia Act, cited as Act 437 1968, currently marked in force and first recorded in 1968.
Date of publication in Gazette of this revised version ...
Date appointed for coming into force of this revised version pursuant to section 6 (1) (xxiii) of the Revision of Laws Act 1968 (Act 1) ...
31st December 1989
29th March 1990
31st March 1990
Act 437
(Revised----1990)
Opening note
This Act may be cited as the Co-operative College (Incorporation) Act 1968.
In this Act—
"financial year" means the period from the first day of January to the thirty-first day of December in a year.
The institution which immediately before the commencement of this Act, was known as the Cooperative College of Malaya shall, upon the commencement of this Act be a body corporate by the name of "The Co-operative College of Malaysia" (hereinafter referred to as the "College") with perpetual succession and a common seal, and power to acquire and hold movable or immovable property and to dispose thereof or otherwise deal herewith.
The College shall be administered by the Council of the Co-operative College of Malaysia (hereinafter referred to as the "Council") which shall consist of the following members—
Members of the Council in subsection (2) (d), (e) and (g) shall be appointed by the Minister.
The Minister may give to the Council directions of a general nature not inconsistent with this Act, as to the exercise of its functions under this Act; and the Council shall give effect to such directions.
The functions of the College shall be to develop and promote co-operative education in Malaysia; and for that purpose the College may—
provide a course in co-operative studies and such other courses of study and make such award of diplomas therefor as the College deems fit;
print or publish or assist in the printing or publication of books on co-operatives or subject connected therewith;
make such rules as may be necessary to regulate the responsibilities and control of officers and servants of the College and impose such fees payable in respect of any course of study as it deems fit; and
For the purpose of carrying out its functions under section 4 (a), the College shall appoint a committee which shall make recommendations to the College on the appropriate syllabus required in respect of any course of study, the manner in which examinations for the award of any diploma in respect of any course of study may be conducted, and on any other matter relating to any course of study as the College may refer to the committee; and the committee shall include the following persons—
the Director General of Co-operative Development, who shall be Chairman of the Committee;
Subject to any directions given by the College, the Committee shall determine its own procedure.
The College may upon such terms and conditions as may be approved by the Minister of Finance borrow such sums as may be necessary for the purpose of carrying out any of its functions under this Act.
There is hereby established a fund to be known as the Co-operative College of Malaysia Fund (hereinafter referred to as the "Fund")—
into which shall be paid all sums received by the College (whether by way of contributions, grants, fees, borrowing or otherwise); and
from which shall be paid such outgoings as are directed by this Act to be paid out of the Fund.
All expenditure of the College as may be approved by the Minister shall be defrayed out of the Fund.
The assets of the Fund may, in so far as they are not required to be expended by the College under this Act, be invested in investments for the time being authorised by law for the investment of trust funds:
Provided that the College shall not invest in securities issued or registered, or other property situated, outside Malaysia except with the approval of the Treasury.
The Chairman of the Council shall, not later than one month before the commencement of each financial year, lay before the Council an estimate of the expenditure of the College (including capital expenditure) approved by the Minister for the ensuing year in such detail and form as the Council may determine.
A copy of the estimate shall be sent to each member of the Council not less than fourteen days prior to the meeting before which the estimate is to be laid.
The College shall keep proper accounts and other records in respect of its operations and shall prepare statements of accounts in respect of each financial year.
The accounts of the College shall be audited annually by the Auditor General or by an auditor being an approved company auditor within the meaning of the Companies Act 1965 appointed by the Council.
After the end of each financial year, as soon as the accounts of the College have been audited, the Council shall cause a copy of the statement of accounts to be submitted to the Minister, together with a copy of any observations made by the Auditor General or other auditor appointed under subsection (2) on any statement or on the accounts of the College.
The Minister shall cause a copy of every such statement and observations to be laid on the table of each House of Parliament.
The Council shall, not later than the thirtieth day of April in each year, cause to be made and submitted to the Minister a report dealing with the activities of the College during the preceding financial year containing such information relating to the proceedings and policy of the College as the Minister may from time to time direct.
The Minister shall cause a copy of every such report to be laid on the table of each House of Parliament.
All property movable or immovable, which immediately before the commencement of this Act was vested in or held by or for the Co-operative College of Malaya, shall on the coming into force of this Act and without any conveyance, assignment or transfer whatever vest in or pass to the College for the like title, estate or interest and on the like tenure and for the like purposes as the same was vested or held immediately before the coming into force of this Act; and all rights and liabilities which immediately before the said commencement were the rights and liabilities of the Cooperative College of Malaya shall upon the commencement aforesaid be the rights and liabilities of the College.
10
ACT 437
The Education Act 1961, shall not apply to the College.
(Section 3)
1. (1) The following persons shall be disqualified for being appointed or being members of the Council—
a person who is of unsound mind or is otherwise incapable of performing his duties;
a bankrupt;
a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude.
A member shall, unless he sooner resigns or his appointment revoked, hold office for such term (not exceeding three years) as may be specified in the instrument appointing him, and shall be eligible for re-appointment.
A member of the Council shall vacate his office if he fails to attend three consecutive meetings of the Council without the permission in writing of the Chairman or if he becomes disqualified under subparagraph (1).
The Minister may authorise the payment out of the Fund of such allowances to the members of the Council as the Minister may determine.
2. The Council shall meet at least once in the first and third quarter of each year for the purpose of considering its activities during the half year ending on the 31st day of December and 30th day of June, as the case may be, immediately preceding such quarter.
3. (1) The quorum of the Council shall be seven.
If on any question to be determined by the Council there is an equality of votes, the Chairman or other member acting as Chairman shall have a casting vote.
Subject to subparagraphs (1) and (2) the Council shall determine its own procedure.
The seal of the College shall be authenticated by the Chairman of the Council or other member acting as Chairman, and one other member of the Council, and any document purporting to be sealed with the said seal, authenticated as aforesaid, shall until the contrary is shown be deemed to have been validly executed.
4. (1) The Deputy Chairman shall perform the functions of the Chairman in the absence of the Chairman.
The Minister may appoint a person to be a temporary Chairman, Deputy Chairman or member of the Council during the temporary incapacity from illness, or during the temporary absence from Malaysia, of the Chairman, Deputy Chairman or other member, as the case may be.
The Principal of the College shall be secretary of the Council with no voting rights.
5. The Council may appoint any committee other than the committee mentioned in section 5, as it deems fit; and subject to any directions by the Council, a committee so appointed shall determine its own procedure.
6. (1) The Council may with the approval of the Minister and the concurrence of the Treasury—
decide such terms as it deems fit for the appointment of such officers and servants of the College as may be necessary;
make rules for the establishment and management of a contributory provident fund for the officers and servants appointed under subparagraph (a), or for the grant of loans to such officers and servants on such terms and conditions as the Council thinks fit, or for the payment of pensions, allowances or gratuities, to the said officers and servants on retirement or otherwise ceasing to hold office as such officers and servants.
Subject to subparagraph (1) (a), the Council may with the approval of the Minister appoint an Executive Officer who shall be the Principal of the College and such other officers and servants as may be necessary.
Every member of the Council and every officer and servant appointed under subparagraph (2) shall be deemed to be a public servant within the meaning of the Penal Code.
[List of Amendments]
12
Act 437
(Revised----1990)
Particulars under section 7 (ii) and (iii) of the Revision of Laws Act 1968 (Act 1)
LIST OF AMENDMENTS
Amending Law
Short Title
NIL
In force from
LIST OF LAWS OR PARTS THEREOF SUPERSEDED
No.
Title
Act 35/1968
Act 35/1968 .. Co-operative College (Incorporation) Act, 1968
(Revised----1990)
LIST OF AMENDMENTS MADE BY THE COMMISSIONER OF LAW REVISION UNDER SECTION 6 OF THE REVISION OF LAWS ACT 1968 (ACT 1)
ProvisionParticulars of AmendmentAuthority for amendmentEffective dateInserteds.6(1)(i)(d);P.U.422/68s.1(1)Provision re date of commencement omitteds.6(1)(i)(d)s.2,definition of“Minister”Omitteds.6(1)(iii);Act 388s.3一subsection(2)(a)The words“Secretary General” substituted for the words“Permanent Secretary”s.6(1)(iii)subsection(2)(b)The words“Director General of Co-operative Development” substituted for the words“Commissioner for Co-operative Development”s.6(1)(iii);P.U.324/70subsection(3)The words“subsection(2)(d),(e)和(g)” substituted for the words“paragraphs(d),(e)和(g) of subsection(2)”s.6(1)(iii)subsection(5)The words“to this Act” omitteds.6(1)(iii)s.5一subsection(1)The words“section4(a)” substituted for the words“paragraph(a) of section4”s.6(1)(iii)subsection(1)(a)The words“Director General of Co-operative Development” substituted for the words“Commissioner for Co-operative Development”s.6(1)(iii);P.U.324/70subsection(1)(c)The words“Vice-Chancellor,University of Agriculture” substituted for the words“Principal,College of Agriculture”s.6(1)(iii)
14
ACT 437
ProvisionParticulars of amendmentAuthority for amendmentSchedule一Para.1(3)The word“or” substituted for the word“of”s.6(1)(xv)Para.6(3)The words“in force in the States of Malaya or any written law corresponding thereto in force in Sabah and Sarawak” omitteds.6(1)(iii);ActA327Throughout the Act1.The word“Malaysia” substituted for the words“the Federation”2.The words“the provisions of” omitted where appropriates.6(1)(iii)s.6(1)(iii)
If one provision's text doesn't match the official source, use Suggest a fix beside that provision — it opens an editor next to the source document. For anything else — a missing amendment, a broken link, out-of-date content, or a removal request — report it here.