What is UNIVERSITI TEKNOLOGI MARA ACT 1976?

UNIVERSITI TEKNOLOGI MARA ACT 1976 is Malaysia Act, cited as Act 173 1976, currently marked in force and first recorded in 1976.

Is UNIVERSITI TEKNOLOGI MARA ACT 1976 still in force?

Yes — UNIVERSITI TEKNOLOGI MARA ACT 1976 is currently in force.

When did UNIVERSITI TEKNOLOGI MARA ACT 1976 take effect?

UNIVERSITI TEKNOLOGI MARA ACT 1976 was first recorded in 1976.

How many sections does UNIVERSITI TEKNOLOGI MARA ACT 1976 have?

UNIVERSITI TEKNOLOGI MARA ACT 1976 contains 73 sections.

Where can I read the official version of UNIVERSITI TEKNOLOGI MARA ACT 1976?

The official text of UNIVERSITI TEKNOLOGI MARA ACT 1976 is published at lom.agc.gov.my.

UNIVERSITI TEKNOLOGI MARA ACT 1976 (No. 173)

PRELIMINARY

Short title and commencement

Section 1

(2)

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, such date not being earlier than the date on which the notification is published.

Establishment of Universiti is pursuant to Article 153 of the

Federal Constitution 1a. The Universiti Teknologi MARA is established pursuant to and in accordance with the provisions of Article 153 of the

Federal Constitution.

8

Act 173

Interpretation

Section 2

(a)

whether or not established under any written law; or

(b)

whether within or outside Malaysia, providing higher education leading to the conferment of a certificate, diploma, degree or the equivalent thereof;

“Minister” means the Minister responsible for *higher education;

“prescribed” means prescribed by rules made under section 35;

“Provost” means the principal executive, administrative and academic officer of a Branch, by whatever name called, appointed under section 7;

“Registrar” means the principal officer of the Registry of the

Universiti, by whatever name called, appointed under section 21;

“School or Centre” means the School or Centre of the Universiti and includes a Faculty, a College, a Department or an Academy of the Universiti, and in relation to a Branch, includes any part of the School, Centre, Faculty, College, Department or Academy designated to such Branch;

“Senate” means the Senate of the Universiti constituted under section 16a;

“staff” means—

(a)

any officer or servant of the Universiti;

(b)

any person appointed to be a lecturer by the Board, and includes a senior professor, professor, associate professor, assistant professor, reader, senior lecturer, assistant lecturer, and tutor; or

(c)

any person employed by the Board;

“student” means a registered student of the Universiti who is following a course of study of any description from or by or in the Universiti;

*NOTE—See the Ministers of the Federal Government (No. 3) Order 2021 [P.U. (A) 383/2021].

10

Act 173

“Students’ Representative Committee” or “SRC” means the Students’ Representative Committee established under section 23c;

“Universiti” means the Universiti Teknologi MARA established under section 3 and includes a Branch;

“University” or “University College” means—

(a)

a University or University College established under the

Universities and University Colleges Act 1971 [Act 30];

(b)

a University or University College established under the Private Higher Educational Institutions Act 1996

[Act 555]; or

(c)

other Universities or University Colleges—

(i)

whether or not established under written law; or

(ii)

whether within or outside Malaysia;

“Vice-Chancellor” means the Vice-Chancellor of the Universiti appointed under section 20 and includes any other person, by whatever name called, who has been appointed as the chief executive officer of the Universiti, and “Deputy Vice-Chancellor”

shall be construed accordingly.

ESTABLISHMENT OF THE UNIVERSITI

Establishment of the university as body corporate

Section 3

There is hereby established a Universiti with the name and style of Universiti Teknologi MARA, by which name and style the Chancellor, the Pro-Chancellors, the Vice-Chancellor and the members for the time being of the Board of Directors 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;

Universiti Teknologi MARA

11

(b)

to have and use a common seal and from time to time to break, change, alter or make anew such seal as it shall deem fit;

(c)

for the purposes of the Universiti as provided in this Act, to enter into contracts, to acquire, take, hold and enjoy movable and immovable property of every description, including any such property which may become vested in it by purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise;

(d)

for the purposes of the Universiti as provided in this

Act, to convey, assign, surrender, yield up, charge, sell, mortgage, lease, exchange, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property of any description or any interest therein vested in the Universiti upon such terms as it deems fit;

(e)

to exercise, perform and discharge, in accordance with the provisions of this Act, all powers, functions and duties conferred, provided or imposed upon the Universiti by such provisions.

Non-application of Act 30 3a. The Universities and University Colleges Act 1971 shall not apply to the Universiti.

Powers of the Universiti

Section 4

(a)

to provide courses of study, to make provision for research, to hold examinations and to take such other steps as may appear necessary or desirable for education and training in the fields of technology, science, commerce, business, industry, management or administration, or in the field of any vocation, in Malaysia or elsewhere;

12

Act 173

(b)

to confer degrees, diplomas, certificates and other academic distinctions upon persons who have followed courses of study approved by the Universiti and have satisfied such other requirements as may be determined by the

Board, or as may be prescribed;

(ba) to confer honorary degrees or awards on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service as may be recommended by the Board after consultation with the Senate;

(c)

to recognize the degrees, diplomas and certificates of such educational institutions or bodies as may be determined by the Board, or as may be prescribed, for the purpose of admission to the courses of study and examinations of the Universiti;

(ca) to institute chairs, lectureships, and other posts and offices, and to make appointments thereto;

(d)

to erect, equip and maintain libraries, laboratories, lecture halls, hostels and all other buildings required for the purposes of the Universiti in Malaysia or elsewhere;

(e)

to institute and award fellowships, scholarships, bursaries, medals, prizes and other forms of distinctions, awards or assistance in respect of the education and training provided from or by or in the Universiti;

(f)

to enter into contracts and to appoint such staff as may be required for the purposes of the Universiti;

(g)

to appoint and promote staff of the Universiti;

(h)

to determine the conditions of service of the staff of the

Universiti, including schemes of service, salary scales and leave;

(i)

to establish pension, superannuation, provident fund or welfare schemes for the benefit of its staff, and to enter into arrangements with any other organization or person for the establishment of such schemes;

Universiti Teknologi MARA

13

(j)

to regulate and provide for the residence of staff and students of the Universiti and the welfare of staff and students;

(ja) to grant loans or advances to the staff of the Universiti;

(jb) to grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the Minister;

(jc) to conduct commercial research and production for the effective promotion and utilization of the research findings of the Universiti;

(jd) to market and franchise the services, research findings, and products, of the Universiti;

(k)

to demand and receive such fees as may from time to time be determined by the Board, or as may be prescribed;

(l)

to do all such acts and things, whether or not incidental to the powers aforesaid, as may be requisite in order to further education, training, finance, administration, welfare and discipline in the Universiti.

(2)

The Universiti may, with the approval of the Minister, by order published in the Gazette, set out—

(a)

the Diplomas and Advanced Diplomas conferred by the

Universiti which have been recognized by the Government to be equivalent to degrees at Bachelor level; and

(b)

the dates on which the Diplomas and Advanced Diplomas were given the recognition by the Government as mentioned in paragraph (a), and the Diplomas and Advanced Diplomas shall have the status of degrees conferred at Bachelor level, with or without honours, as the case may be, from the dates of such recognition, notwithstanding that the dates of such recognition are dates before the date of coming into force of this subsection.

14

Act 173

Additional powers of the Universiti 4a. (1) The Universiti 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 exercise of the powers, the performance of the functions and the carrying on of the activities of the Universiti, enter into equity participation, partnership, joint venture, undertaking or any other form of co-operation or arrangement in association, or otherwise, with—

(i)

an enterprise, a company, a private undertaking or a syndicate of persons constituted for the carrying on of business in Malaysia or elsewhere;

(ii)

the Federal Government or any 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 2016 [Act 777] to carry on or engage in any activity which has been planned or undertaken by the Universiti;

(c)

establish corporations to carry out and have the charge, conduct and management of any property, project, scheme or enterprise which in the opinion of the Universiti would be beneficial or advantageous to the Universiti;

(d)

borrow, at such rate of interest and for such period and upon such terms as the Minister may approve, any sums required by the Universiti for meeting its obligations or discharging any of its duties;

*NOTE—The Companies Act 2016 [Act 777] has replaced the Companies Act 1965 [Act 125]

which comes into operation on 31 January 2017—see subsection 620(1) of Act 777.

Universiti Teknologi MARA

15

(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 Universiti may deem expedient;

(f)

for purposes of investment, 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 the carrying on of business in Malaysia or elsewhere;

(ii)

the Federal Government or any State Government;

(iii)

a public body or authority; or

(iv)

a commission;

(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 as may be necessary or convenient for any of the purposes of the Universiti.

(2)

The provisions of the First Schedule shall apply to every corporation established by the Universiti under paragraph (1)(c).

16

Act 173

Common seal of the Universiti

Section 5

(2)

The common seal of the Universiti shall be kept in the custody of the Vice-Chancellor.

(3)

The common seal of the Universiti shall not be affixed to any instrument other than a degree, diploma or certificate except in the presence of—

(a)

the Vice-Chancellor or, in his absence, a principal officer of the Universiti authorized in writing by the Board;

and

(b)

one other member of the Board authorized in writing by 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 Universiti.

(4)

The common seal of the Universiti shall be affixed to a degree, diploma or certificate in the presence of—

(a)

the Vice-Chancellor or, in his absence, one other member of the Board authorized in writing by the Board; and

(b)

the Registrar, 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 Universiti.

(5)

The common seal of the Universiti shall be officially and judicially noticed.

Universiti Teknologi MARA

17

(6)

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 Universiti provided that such document or instrument shall be executed on behalf of the

Universiti by the Vice-Chancellor, or by any person generally or specially authorized in writing by the Board.

Location of Universiti

Section 6

The Universiti shall be located at Shah Alam, in the State of

Selangor, provided that the Minister may, after consultation with the Board, substitute for that location any other location, or add any other location.

Section 7

Branches of Universiti

(2)

The Minister shall appoint in respect of a Branch a Provost of the Branch who shall be the principal executive, administrative and academic officer of the Branch, and he shall perform his functions and discharge his duties under the direction and control of the Vice-Chancellor.

(3)

The terms and conditions of service of the Provost shall be determined by the Minister, and shall be binding upon the

Universiti.

(3a)

(Deleted by the Act A964).

(4)

The Minister may, by order published in the Gazette, make such special provisions as he may deem necessary or expedient for the purposes of the administration of the Branch.

(5)

No provision of an order made under subsection (4) shall be invalid on the ground of inconsistency with any provision of this Act or of any rules or other subsidiary legislation made under this Act.

18

Act 173

Schools and Centres

Section 8

(2)

A School or Centre shall be headed by a person to be appointed by the Vice-Chancellor.

(3)

The head of a School or Centre shall be responsible to the

Vice-Chancellor and shall perform such duties as may be assigned to him by the Vice-Chancellor.

Conduct of study, jointly, etc., with any University, etc.

Section 9

(a)

conduct any course of study jointly or in association, affiliation, collaboration or by way of franchise or otherwise, with any University, University College, higher educational institution, or professional body, or any organization, within or outside Malaysia; and

(b)

conduct any such course of study either wholly or partly within or outside Malaysia.

(2)

The approval of the Minister under subsection (1) may be made subject to such terms and conditions as the Minister may deem fit to specify.

(3)

The Minister shall not give approval under subsection (1)

unless he is satisfied that the Universiti has made all necessary arrangements with the University, University College, higher educational institution, or professional body, or organization concerned for the conduct of the course of study.

(4)

In this section, “affiliation” includes the conduct of twinning programmes.

Universiti Teknologi MARA

19

General power to transact business

Section 10

Minister—

The Universiti shall, subject to the provisions of this Act, have power to do anything, and to enter into any transaction, which in its opinion is calculated to facilitate the proper discharge of its duties or the performance of its functions or the exercise of its powers under this Act or is incidental or conducive thereto.

Section 11

Power to employ agents

The Universiti may employ and pay agents and technical advisers, including advocates and solicitors or other persons, to transact its business or to do any act required to be transacted or done in the execution of its duties or for the better carrying into effect the purposes of this Act.

Section 12

Additional functions of the Universiti

In addition to the duties imposed upon and the powers vested in the Universiti by this Act, the Universiti may undertake such other functions, exercise such other powers, and administer and expend such other moneys, as the Minister may assign or give to it, for such purposes as the Minister may specify, and in so doing the Universiti shall be deemed to be fulfilling the purposes of this

Act and the provisions of this Act shall apply to the Universiti in respect of such functions, such powers and the administration and expending of such moneys:

Provided always that the accounts of such moneys shall be kept separate and apart from those of the Fund.

THE BOARD

The Board of Directors

Section 13

(2)

The Board shall consist of—

(a)

a Chairman;

(b)

the Vice-Chancellor;

(c)

two persons to represent the Government;

(d)

five persons who because of their knowledge and experience would, in the opinion of the Minister, be of assistance to the Board, and three of whom shall be from the private sector.

(3)

The appointment of the members of the Board, except the

Vice-Chancellor, shall be made by the Minister for a period not exceeding three years and upon expiry of such period the members of the Board shall be eligible for reappointment.

(4)

The appointment of any member may at any time be revoked by the Minister without assigning any reason therefor.

(5)

The Minister may appoint any member of the Board to exercise the functions of the Chairman—

(a)

if for any substantial period the Chairman is unable, by reason of illness, leave of absence or any other cause, to perform his functions; or

(b)

during any period of vacancy in the office of the Chairman.

(6)

A member appointed as the Chairman under subsection (5)

shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

(7)

The Registrar shall be the Secretary of the Board.

(8)

Five members of the Board shall form a quorum at any meeting of the Board.

(9)

Subject to this Act, the Board may determine its own procedure.

(10)

The provisions of the Second Schedule shall apply to the

Board.

Universiti Teknologi MARA

21

Powers and functions of the Board

Section 14

(2)

The functions of the Board shall include the carrying on of all such activities and the doing of all such things as are necessary or advantageous and proper for the government, control and administration of the Universiti.

Delegation of powers of the Board

Section 15

The Board may, subject to such conditions, limitations or restrictions as it thinks fit, delegate to any member or any committee of its members the power and authority to carry out on its behalf such powers, duties or functions by this Act vested in the Board as the Board may determine; and any power, duty or function so delegated may be exercised, discharged or performed by such member or by such committee, as the case may be, in the name and on behalf of the Board, but subject to the direction and control of the Board.

Section 16

Committees of the Board

(2)

A committee established under subsection (1) shall have the function of deliberating upon matters referred to it by the

Board and making appropriate recommendations thereon to the

Board.

(3)

A committee established under subsection (1) may appoint, where necessary, one or more subcommittees from amongst its members, or it may co-opt such persons as can contribute to its deliberations, but a person co-opted shall not have the right to vote.

22

Act 173

(4)

The chairman of a committee established under subsection (1) shall be appointed by the Board or, where the

Board so directs, by the members of the committee from amongst themselves.

(5)

Subject to this Act and to any direction given by the Board, a committee established under subsection (1) may determine its own procedure.

(6)

A committee established under subsection (1) shall conform to any direction or instructions from time to time given to it by the Board and the Board may, at any time, discontinue, or alter the constitution of, the committee so appointed.

(7)

The provisions of the Second Schedule, except paragraph 7, shall apply to a committee established under subsection (1) as they apply to the Board.

(8)

In the application of the Second Schedule to a committee—

(a)

reference to “Board” shall be construed as reference to

“committee”;

(b)

reference to “Chairman” shall be construed as reference to “chairman”; and

(c)

reference to “Minister” shall be construed as reference to “Board”.

The Senate 16a. (1) There shall be constituted a Senate of the Universiti to advise the Board on all academic matters of the Universiti.

(2)

The Senate shall consist of—

(a)

the Vice-Chancellor as Chairman;

(b)

all the Deputy Vice-Chancellors;

(c)

all Deans and Heads of Schools and Centres;

Universiti Teknologi MARA

23

(d)

three representatives of the Provosts appointed by the

Vice-Chancellor; and

(e)

three senior members of the academic staff of the Universiti.

(3)

The Registrar shall be the Secretary of the Senate.

(4)

The appointment under paragraph (2)(e) shall be made by the Board for a period of two years.

(5)

The Vice-Chancellor may co-opt any other person to be members of the Senate or to attend the meetings of the Senate, but a person co-opted shall not have the right to vote.

(5a)

In the absence of the Vice-Chancellor, a Deputy Vice

Chancellor shall preside at any meeting of the Senate.

(6)

The Senate shall make recommendations to the Board on all matters relating to—

(a)

the content and organization of the courses of study provided in the Universiti;

(b)

the method of education, instructions and training conducted in the Universiti;

(c)

the educational standards in the courses of study provided in the Universiti;

(d)

the curricula and courses of study conducted in the

Universiti;

(e)

the feasibility or otherwise of any proposal in respect of any curriculum or course of study conducted or to be conducted in the Universiti;

(f)

the determination of the qualifications required for admission into any course of study provided in the Universiti;

(g)

the proposals for the establishment of any new course of study to be conducted, or the discontinuance of any existing course of study conducted, in the Universiti;

and

24

Act 173

(h)

the awards of academic honours, fellowships, degrees, diplomas, certificates, prizes, scholarships and other academic distinctions.

(7)

No resolution shall be passed by the Board relating to any matter referred to in subsection (6) unless the Senate has first been given the opportunity of recording and transmitting to the

Board its opinion thereon.

(8)

For the purpose of enabling it to perform its functions and discharge its duties, the Senate may appoint such committees or subcommittees consisting of its members as well as any person co-opted as members under subsection (5), provided that any person co-opted shall not have the right to vote.

(9)

The Senate may delegate any of its duties, functions or responsibilities to its committees or subcommittees.

(10)

Subject to this Act, the Senate may determine its own procedure.

(11)

The provisions of the Second Schedule, except paragraph 7, shall apply to the Senate established under this section as they apply to the Board.

(12)

In the application of the Second Schedule to the Senate—

(a)

reference to “Board” shall be construed as reference to

“Senate”; and

(b)

reference to “Minister” shall be construed as reference to “Board”.

Alumni associations 16b. (1) Subject to the approval of the Board, it shall be lawful for not less than thirty graduates of the Institut Teknologi MARA and of the Universiti to form and establish their respective alumni associations.

Universiti Teknologi MARA

25

(2)

Each alumni association shall be governed and administered in accordance with its constitution, and such constitution so made or any amendment to the constitution shall not come into operation unless prior written approval of the Board has been obtained.

(3)

The reference in subsection (1) to the “Institut Teknologi

MARA” is a reference to the Institut Teknologi MARA existing immediately before the date of coming into operation of this section.

17-19. (Deleted by Act A964).

OFFICERS AND OTHER STAFF OF THE UNIVERSITI

Chancellor 19a. (1) There shall be a Chancellor who shall be the Head of the Universiti 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 on him by or under this Act.

Section 20

(2)

The Vice-Chancellor shall serve in his appointment at the pleasure of the Minister who may at any time revoke the appointment without assigning any reason therefor.

(3)

Subject to the provisions of subsection (2), the terms of office and other conditions of service of the Vice-Chancellor shall be determined by the Minister and shall be binding on the

Universiti.

(4)

The Vice-Chancellor shall be the chief executive, administrative and academic officer of the Universiti.

(5)

It shall be the duty of the Vice-Chancellor to ensure that the provisions of this Act and of the rules and other subsidiary legislation made under this Act are observed, and he shall have all such powers as may be necessary for this purpose.

(6)

The Vice-Chancellor shall, subject to the provisions of this

Act and of the rules and other subsidiary legislation made under this Act, exercise general supervision over the arrangements for education, instruction, training, finance, administration, welfare and discipline in the Universiti, and may exercise such other powers as may be conferred upon him by this Act and any rules and other subsidiary legislation made under this Act.

(7)

There shall be one or more Deputy Vice-Chancellors of the Universiti who shall be appointed by the Minister, after consultation with the Vice-Chancellor.

(7a)

Any fit and proper person either from within or outside the Universiti may be appointed as a Deputy Vice-Chancellor, and 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.

Universiti Teknologi MARA

27

(8)

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, any 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.

(9)

The Deputy Vice-Chancellor nominated under subsection (8) shall act during any period that the post of

Vice-Chancellor is vacant.

Registrar

Section 21

(2)

The Registrar shall be the principal Registry officer of the

Universiti with such functions and duties as may be determined by the Board.

(3)

The Registrar shall perform his functions and discharge his duties under the direction and control of the Vice-Chancellor.

Bursar

Section 22

(2)

The Bursar shall be the principal financial officer of the

Universiti with such functions and duties as shall be assigned to him by the Board; he shall perform his functions and discharge his duties under the direction and control of the Vice-Chancellor.

28

Act 173

Appointment of other principal officers 22a. (1) The Universiti shall have such other principal officers who shall be appointed by the Board on such terms and conditions of service as may be approved by the Board.

(2)

The principal officers shall perform such functions and discharge such duties as may be determined by the Board and shall perform and discharge the same under the direction and control of the Vice-Chancellor.

Appointment of other staff

Section 23

(2)

A member of the staff appointed under subsection (1) shall be under the general direction and control of the Vice-Chancellor.

Discipline of staff of the Universiti

*23a. (1) The Board shall have disciplinary authority over all its staff and shall exercise disciplinary control in respect of all such persons in accordance with this Act and any rules made under section 35.

(2)

The Board may, by notification in the Gazette, establish different disciplinary committees for different categories of staff.

(3)

A disciplinary committee shall exercise its powers in all matters relating to the discipline of every staff placed under its jurisdiction.

(4)

No staff shall be a member of any disciplinary committee having disciplinary authority over any staff who is higher in rank than he is.

*NOTE—Section 23a which has been inserted by section 27 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

29

(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 proceedings and the Board shall appoint any other person to participate in such proceedings.

(6)

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 35.

(7)

A disciplinary committee shall have no jurisdiction in respect of the Vice-Chancellor.

(8)

Any staff who is dissatisfied with the decision of a disciplinary committee may, within thirty days from the date of service of the decision on him, appeal in writing against such decision to the Board.

(9)

When the Board considers an appeal under subsection (8), members of the disciplinary committee against whose decision the appeal is made, who are also members of the Board, shall not be present or in any way participate in any proceedings relating to that appeal.

(10)

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.

(11)

The decision of the Board upon an appeal shall be final.

Part IVa

PROVISIONS RELATING TO STUDENTS

Discipline of students of the Universiti

*23b. (1) The Vice-Chancellor shall have disciplinary authority over every student.

*NOTE—Section 23b which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

30

Act 173

(2)

The Vice-Chancellor shall have the power to take disciplinary action and impose any disciplinary punishment provided under the rules made under section 35.

(3)

The Vice-Chancellor may delegate any of his disciplinary powers, duties or functions to any member of the staff, or to any board of members of the staff, in respect of any particular student, or any class or category of students of the Universiti:

Provided that no delegation shall be made under this subsection to such members of the staff as the Minister may direct in writing.

(4)

The member of the staff or the board of members of the staff to whom disciplinary powers, duties or functions under subsection (3)

have been delegated shall exercise, discharge or perform them under the direction and control of the Vice-Chancellor who shall have the power to review, rescind or vary any decision or finding of such member of the staff or such board of members of the staff.

(5)

Any student dissatisfied with the decision of—

(a)

The Vice-Chancellor; or

(b)

any person or board delegated with powers, duties or functions under subsection (3), may appeal against such decision to the Minister and the Minister may, if he deems fit, summarily reject the appeal.

(6)

Where the Minister does not reject the appeal summarily under subsection (5), he shall appoint a committee of two or more persons, from within or outside the Universiti, 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 considers fit and proper.

Students’ Representative Committee

*23c. (1) The Universiti shall have a Students’ Representative

Committee (the “SRC”).

*NOTE—Section 23c which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

31

(2)

The provisions of the Third Schedule shall apply to the

SRC.

Establishment of other student bodies

*23d. (1) Notwithstanding section 23c, it shall be lawful for not less than ten students—

(a)

with the prior written approval of the Vice-Chancellor given after obtaining the concurrence of the Minister;

and

(b)

subject to such terms and conditions as the Vice-Chancellor may specify, to establish a student body consisting of students for the promotion of a specific object or interest within the Universiti.

(2)

The provisions of the Third Schedule, except paragraphs 1

and 7, shall apply with such modifications as may be necessary to a student body under this section as they apply to the SRC.

Dissolution of the SRC or other student body

**23e. (1) The Minister or the Vice-Chancellor may, in his absolute discretion, without assigning any reason therefor—

(a)

suspend or dissolve the SRC or any student body established under section 23d; and

(b)

give such consequential directions or instructions or take such consequential steps as may be necessary or expedient to give effect to the suspension or dissolution.

(2)

The suspension or dissolution of the SRC or a student body established under section 23d—

(a)

shall take immediate effect upon the making of the decision to suspend or dissolve the same; and

(b)

shall be final.

*NOTE—Section 23d which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

**NOTE—Section 23e which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

32

Act 173

Prohibition on student or students’ organization, body or group associating with societies, etc. except as approved by the Minister

*23f. (1) No person, while he is a student, 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 persons—

(a)

whether or not it is established under any law;

(b)

whether it is within or outside the Universiti; and

(c)

whether it is within or outside Malaysia, except as may be provided by or under this Act, or except as may be approved in advance in writing by the Minister.

(2)

No organization, body or group of students whether established by, under or in accordance with this Act, shall have any affiliation, association or other dealing with any society, political party, trade union or any other organization, body or group of persons—

(a)

whether or not it is established under any law;

(b)

whether it is within or outside the Universiti; and

(c)

whether it is within or outside Malaysia, except as may be provided by or under this Act, or except as may be approved in advance in writing by the Minister.

(3)

No person, while he is a student, shall express or do anything which may be construed as expressing—

(a)

support, sympathy or opposition to any political party or trade union; or

(b)

support or sympathy with any unlawful organization, body or group of persons.

*NOTE—Section 23f which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

33

(4)

No organization, body or group of students which is established by, under or in accordance with this Act, or any other organization, body or group of students, shall express or do anything which may be construed as expressing—

(a)

support, sympathy or opposition to any political party or trade union; or

(b)

support or sympathy with any unlawful organization, body or group of persons.

(5)

Any person who contravenes 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 student or by organization, body or group of students

*23g. (1) No student, or organization, body or group of students, shall within or outside the campus, or within or outside Malaysia—

(a)

collect or attempt to collect;

(b)

promote or attempt to promote any collection of; or

(c)

make or attempt to make any appeal orally or in writing or otherwise 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 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.

*NOTE—Section 23g which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

34

Act 173

(4)

Without prejudice to the provisions of this Act or 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 the collection of money within the campus from persons within the campus, subject to such conditions and restrictions as may be specified in such notification.

(5)

The provisions of this section shall be in addition to and not in derogation of 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 students’ organization, body or group

*23h. (1) Where any offence has been committed under any written law—

(a)

whether or not any person has been convicted in respect thereof; and

(b)

such offence has been committed or purports to have been committed in the name or on behalf of—

(i)

any organization, body or group of students which is established by, under or in accordance with this Act; or

(ii)

any other organization, body or group of students, every office-bearer of such organization, body or group of students and every person managing or assisting in the management of such organization, body or group of students 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.

*NOTE—Section 23h which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

35

(2)

Any office-bearer of, or any person managing or assisting in the management of, any organization, body or group 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 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.

Presumptions

*23i. In any prosecution under this Act—

(a)

it shall not be necessary for the prosecution to prove that an organization, a 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

*NOTE—Section 23i which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

36

Act 173

(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 student charged with criminal offence or against whom criminal offence is proved

*23j. (1) Where a student is charged with a criminal offence—

(a)

he may, immediately thereupon, be suspended from being a student; and

(b)

he shall not, if so suspended under paragraph (a), during the pendency of the criminal proceedings, remain in or enter the campus of the Universiti.

(2)

Where a court finds that a charge for a criminal offence is proved against a student—

(a)

the student shall, immediately thereupon, cease to be a student; and

(b)

the student shall not, immediately thereupon, remain in or enter the campus of the Universiti.

(3)

A student who is detained or who is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security—

(a)

shall, immediately thereupon, cease to be a student; and

(b)

shall not, immediately thereupon, remain in or enter the campus of the Universiti.

*NOTE—Section 23j which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

37

(4)

A student who ceases to be a student under subsection (2)

or (3) shall not, after the expulsion, be admitted as a student of the Universiti without the prior 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)

Any person—

(a)

who remains in or enters the campus of the Universiti in contravention of subsection (1), (2) or (3); or

(b)

who obtains admission to the Universiti in contravention of subsection (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.

(6)

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 proceedings 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 proceedings, 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.

(7)

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—

(a)

unconditionally;

(b)

upon such terms and conditions; or

(c)

for such period,

38

Act 173

as he may, in his absolute discretion, deem fit.

(8)

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 any of his powers under this section to the Vice-Chancellor, subject to such conditions and restrictions as may be specified in such notification.

Minister’s power to suspend or expel student from the Universiti

*23k. (1) The Minister may—

(a)

upon representations made by the Universiti; and

(b)

if he is satisfied that it is desirable to do so in the interest of the Universiti, order in writing that any student—

(A)

be suspended from being a student for such period as the Minister may specify in the order; or

(B)

be expelled from the Universiti, and such student shall, immediately thereupon, be so suspended or expelled, as the case may be.

(2)

A student in respect of whom the Minister has given an order in writing under subsection (1) may, within one month from the date of such order, make representations to the Minister for the revocation or variation of the order.

(3)

The Minister may give such decision with regard to any representations made under subsection (2) as he may deem fit and proper, and such decision shall be final.

(4)

An order to suspend a student under subsection (1) may, from time to time, be extended for such period as the Minister may specify in respect of each extension.

*NOTE—Section 23k which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

39

(5)

A student—

(a)

who is suspended from being a student; or

(b)

who is expelled from the Universiti, under subsection (1), shall not, during the suspension, or after the expulsion, as the case may be, remain in or enter the campus of the Universiti except with the prior written approval of the

Minister, and if the Minister grants such approval, the Minister may impose such conditions as he may, in his absolute discretion, deem fit to impose.

(6)

A student who is expelled from the Universiti under subsection (1) shall not, after the expulsion, be admitted as a student of the Universiti without the prior written approval of the

Minister, and if the Minister grants such approval, the Minister may impose such conditions as he may, in his absolute discretion, deem fit to impose.

(7)

A student—

(a)

who remains in or enters the campus of the Universiti in contravention of subsection (5); or

(b)

who obtains admission to the Universiti in contravention of subsection (6), 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.

(8)

An order to suspend or expel a student from the Universiti under this section may, at any time, be revoked by the Minister and the Minister may, in his absolute discretion, make such revocation subject to such conditions as he may deem fit to impose.

40

Act 173

Removal or exclusion from the Universiti of suspended or expelled student

*23l. Where a student is suspended or expelled from the Universiti under this Act, the Vice-Chancellor—

(a)

shall take or cause to be taken all such steps as may be necessary to secure or obtain the removal or exclusion of the student from the university with the aid of any staff of the Universiti; and

(b)

may call upon any police officer to assist in securing or obtaining the removal or exclusion of the student from the Universiti and such police officer may, thereupon, for that purpose, use such reasonable force or otherwise on the students or any other person as may be necessary.

(2)

The Chancellor shall be the Yang di-Pertuan Agong.

Appointment of Pro-Chancellor 19b. (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 Act, 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.

26

Act 173

Appointment, powers and duties of Vice-Chancellor and Deputy

Vice-Chancellor

FINANCE

Establishment of Fund

Section 24

(2)

The Fund shall consist of—

(a)

such sums as may be provided from time to time by

Parliament;

(b)

such sums as may from time to time be lent to the

Universiti by the Government;

(c)

any voluntary gift to the Universiti;

(d)

moneys earned by the operation of any project, scheme or enterprise financed from the Fund;

*NOTE—Section 23l which has been inserted by section 30 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force—see P.U. (B) 461/1996.

Universiti Teknologi MARA

41

(e)

any property, investments, subventions, leases, mortgages, charges or debentures acquired by or vested in the

Universiti;

(f)

moneys earned or arising from any property, investments, subventions, leases, mortgages, charges or debentures acquired by or vested in the Universiti; and

(g)

all other sums or property which may in any manner become payable to or vested in the Universiti in respect of any matter incidental to its powers, functions and duties.

(3)

All the moneys paid to the Universiti shall be applied or expended by the Universiti for all or any of the purposes of the Universiti in accordance with the estimates approved by the

Minister.

(4)

It shall be the duty of the Board and the Vice-Chancellor to conserve the Fund by so exercising, performing and discharging their powers, functions and duties under this Act so as to secure that the total revenues of the Universiti are, subject to any direction given by the Minister under section 29, sufficient to meet all sums properly chargeable to its revenue account, taking one year with another.

(5)

The Universiti may invest in securities of the Government or such other securities as may be approved in advance in writing by the Minister of Finance such moneys of the Fund as may not be immediately required for current expenditure, with power from time to time to vary any such investment subject to the prior approval in writing by the Minister of Finance being obtained in respect of any variation resulting in any investment in securities other than Government securities.

(6)

The Universiti may deposit, either on fixed deposit or on current account, any moneys for the time being uninvested with any bank in Malaysia holding a valid licence under the provisions of the *Financial Services Act 2013 [Act 758] and approved in advance in writing for the purpose by the Minister.

*NOTE—The Banking and Financial Institutions Act 1989 [Act 372] has since been repealed by the Financial Services Act 2013 [Act 758] which comes into operation on 30 June 2013—see section 271 of Act 758.

42

Act 173

Reserve fund

Section 25

(2)

The payment into and out of the reserve fund shall be determined by the Board:

Provided that no part of the reserve fund shall be applied otherwise than for the purposes of the Universiti.

Annual estimates

Section 26

(2)

A copy of such estimates shall be sent to each member of the Board not less than fourteen days prior to the meeting before which the estimates are to be laid.

(3)

The Board shall consider the estimates so submitted and shall sanction the same either unaltered or subject to such alteration as it thinks fit, and such alteration may include the addition, modification or the rejection of any item appearing in the estimates.

(4)

The Board may before sanctioning the estimates under subsection (3) refer any item back to the Vice-Chancellor for his reconsideration.

(5)

Such estimates as sanctioned by the Board shall be submitted to the Minister who may disallow or alter such estimates or any portion thereof, or modify any item thereof, or add any item thereto.

(6)

Where additional financial provision is required in any year, the Board may, from time to time, during the year cause a supplementary estimate to be prepared by the Vice-Chancellor and submitted to it.

Universiti Teknologi MARA

43

(7)

Every such supplementary estimate shall be considered and sanctioned by the Board, and submitted to the Minister who shall deal with it as if it were an original annual estimate.

(8)

A supplementary estimate prepared under this section shall show the sources from which the additional expenditure shown in the supplementary estimate is to be met.

(9)

The Universiti shall not incur expenditure otherwise than in accordance with the estimates or supplementary estimates approved by the Minister:

Provided that 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; or

(b)

to one item of capital expenditure to another item of capital expenditure.

(10)

The annual and supplementary estimates shall show in separate parts, the annually recurrent expenditure and the capital expenditure of the Universiti.

Accounts and audit

Section 27

(2)

The accounts of the Universiti shall be audited annually by the Auditor General.

(3)

After the end of each financial year, and as soon as the accounts of the Universiti have been audited but, in any case, before the submission of the annual estimates for the ensuing financial year to the Minister under subsection 26(5), the Board shall cause a copy of the statement of accounts to be transmitted to the Minister, together with a copy of any observations made by the Auditor General on any statement or on the accounts of the Universiti.

44

Act 173

(4)

The Minister shall cause a copy of every such statement of accounts and observations to be laid on the table of each House of Parliament at its next meeting after the receipt thereof by him.

Gifts

Section 28

(2)

Any property or money accepted by the Universiti under subsection (1) shall be dealt with in accordance with the provisions of this Act and shall, subject to the terms and conditions on which the same is given and accepted, be applied by it for all or any of the purposes of the Universiti in accordance with the provisions of this Act.

(3)

A register shall be kept of all property and moneys accepted by the Board under subsection (1) including the names of the donors and any special conditions on which the same may have been given.

(4)

All property and moneys given and accepted for any specific purposes shall be applied and administered in accordance with the purposes for which the same may have been given and accepted and shall be separately accounted for.

Imposition of surcharge 28a. (1) A person who is or was a staff of the Universiti may be surcharged if it appears to the Board that the person—

(a)

has failed to collect moneys owing to the Universiti for the collection of which he is or was responsible;

(b)

is or was responsible for any improper payment of money from the Fund or for any payment of moneys which is not duly approved;

Universiti Teknologi MARA

45

(c)

is or was responsible, directly or indirectly, for any deficiency in, or for the destruction of, any moneys, stamps, securities, stores or other property of the

Universiti;

(d)

being or having been an accounting officer, fails or has failed to keep proper accounts or records; or

(e)

has failed to make any payment of moneys, or is or was responsible for any delay in the payment of moneys from the Universiti, to any person to whom the payment is due under any law, contract, agreement or arrangement entered into between that person and the Universiti.

(2)

The Board shall, before a person is surcharged under subsection (1), 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 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 loss of, the moneys, stamp, security, store or other property of the Universiti; 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 at once notify the person surcharged of the withdrawal.

46

Act 173

(6)

The amount of any surcharge made under subsection (3)

and not withdrawn under subsection (5) shall be a debt due to the Universiti from the person surcharged and may be sued for and recovered in any court at the suit of the Universiti 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, 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 of the Universiti charged with the duty of collecting, receiving, or accounting for, or who in fact collects, receives or accounts for, any money of the Universiti, or who is charged with the duty of disbursing, or who does in fact disburse, any such money, and every staff who is charged with the receipt, custody or disposal of, or the accounting for, any money, stamp, security, store or property of the Universiti or who in fact receives, holds or disposes of such money, stamp, security, store or property.

GENERAL

Power of Minister to give directions

Section 29

(2)

Without prejudice to the generality of subsection (1), the power of the Minister to give directions under subsection (1)

shall extend to the giving of directions—

(a)

as to the disposal of capital assets; and

(b)

as to the application of the proceeds of such disposal.

Power of Minister to delegate 29a. (1) The Minister may, subject to such conditions, limitations or restrictions as he may specify, delegate to the Board the exercise, discharge or performance of any of his powers, duties or functions under this Act.

(2)

A delegation under this section—

(a)

may be revoked at any time by the Minister; and

(b)

shall not prevent the Minister from himself exercising, discharging or performing such delegated powers, duties or functions in any case where it appears to him expedient to do so.

Convocation 29b. (1) A Convocation for the conferment of degrees, diplomas, certificates and other academic distinctions 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 a Convocation.

48

Act 173

Returns, reports, accounts and information

Section 30

(2)

Without prejudice to the generality of the provisions of subsection (1), the Board shall, not later than 30 April in each year, cause to be made and transmitted to the Minister a report dealing with the activities of the Universiti during the preceding financial year and in such form and containing such information relating to the proceedings and policy of the Universiti as the Minister may, from time to time, direct.

(3)

The Minister shall cause a copy of every report of the

Universiti to be laid on the table of each House of Parliament at its next meeting after the receipt of the report by the Minister.

Public Authorities Protection

Section 31

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the

Universiti or against the Board or any member of the Board, or against the Vice-Chancellor, or against any member of the staff or agent of the Universiti in respect of any act, neglect or default done or committed by it or by him, as the case may be, in such capacity.

Section 32

Public servants

All members of the Board, the Vice-Chancellor, any member of the staff or agent of the Universiti, while discharging their duties or carrying out their functions or exercising their powers shall be deemed to be public servants within the meaning of the

Penal Code [Act 574].

Section 33

Obligation of secrecy

(2)

Any person contravening the provisions of subsection (1)

shall be guilty of an offence and shall, on conviction, be liable to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand ringgit, or to both.

Civil proceedings

Section 34

Notwithstanding the provisions of any written law to the contrary, in civil proceedings by or against the Universiti—

(a)

any person holding the appointment of a Federal Counsel and authorized by the Attorney General for the purpose;

or

(b)

any officer of the Universiti authorized in that behalf by special or general directions of the Vice-Chancellor, may, on behalf of the Universiti, commence, institute, appear in and conduct such proceedings and may make and do all appearances, acts, and applications in respect of such proceedings.

Act or omission done in good faith 34a. 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-Chancellor;

(e)

the Senate;

(f)

a member of the Senate;

(g)

a staff of the Universiti; and

(h)

a person authorized to act for or on behalf of any of the bodies or persons under paragraphs (a) to (g),

50

Act 173

for any act or omission done in good faith in the exercise or discharge of its or his powers or duties under this Act in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Service 34b. (1) Service of any notice under this Act or any rules made 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 or any rules made under this Act is informed of the fact that there is a registered letter awaiting him at a post office, and such person refuses, neglects or fails to take delivery of such registered letter, such notice shall be deemed to have been served upon him on the date on which he is so informed.

Power of Board to make rules

Section 35

(2)

In particular, and without prejudice to the generality of subsection (1), such rules may provide for all or any of the following matters, namely—

(a)

the preparation, audit, and submission to the Minister of estimates, budgets, statements and returns;

(b)

the functions, duties *and discipline of the staff;

(c)

(Deleted by Act A964);

(d)

the determination of the principles governing the award of degrees, diplomas, certificates and other academic distinctions to be conferred by the Universiti;

*NOTE—Words “and discipline” in paragraphs 35(2)(b) and (e) which have been inserted by subparagraphs 37(c)(i) and (iv) of the Institut Teknologi MARA (Amendment) Act 1996

[Act A964] are yet to come into force–see P.U. (B) 461/1996.

Universiti Teknologi MARA

51

(e)

the conditions of admission, welfare *and discipline of students;

(ea) **any matter relating to the SRC and other student bodies;

(f)

the management of libraries, laboratories, workshops and any other facilities provided by the Universiti;

(g)

the establishment and regulation of pensions, superannuation and provident fund schemes for the staff or any section of them;

(h)

any matter within the powers of the Universiti under section 4 or under any other provision of this Act.

TRANSITIONAL

Interpretation of this Part

Section 36

In this Part, unless the context otherwise requires—

“ITM” means the Institut Teknologi MARA established by

MARA and existing immediately before the appointed date;

“MARA” means the Majlis Amanah Rakyat established by the

Majlis Amanah Rakyat Act 1966 [Act 489].

Section 37

Transfer of powers, rights, duties, etc.

Subject to the provisions of this Act, all powers, rights, privileges, duties, liabilities or obligations which immediately before the appointed date were those of MARA in respect of

ITM, or those of ITM, shall, as from that date, devolve on the

Universiti established by this Act.

*NOTE—Words “and discipline” in paragraphs 35(2)(b) and (e) which have been inserted by subparagraphs 37(c)(i) and (iv) of the Institut Teknologi MARA (Amendment) Act 1996

[Act A964] are yet to come into force–see P.U. (B) 461/1996.

**NOTE—Paragraph 35(2)(ea) which has been inserted by subparagraph 37(c)(v) of the Institut

Teknologi MARA (Amendment) Act 1996 [Act A964] is yet to come into force–see P.U. (B)

461/1996.

52

Act 173

Section 38

Transfer of property

(2)

Subject to the provisions of this Act, all lands which immediately before the appointed date were reserved under the provisions of any written law relating to land for the purposes of MARA in respect of ITM, or for the purposes of ITM, shall, on that date, be deemed to be reserved for the purposes of the

Universiti established by this Act.

(3)

Subject to the provisions of this Act and to any direction of the Minister, all property and assets other than land which immediately before the appointed date were vested in—

(a)

MARA in respect of ITM;

(b)

any person on behalf of MARA in respect of ITM;

(d)

any person on behalf of ITM, shall, on that date, vest in the Universiti established by this Act.

(4)

It is hereby declared that any property, whether movable or immovable, which, immediately before the appointed date, was used for the purposes which after that date become the purposes of the Universiti established by this Act shall, on that date, be vested in the said Universiti.

(5)

Subject to the provisions of this Act, where immediately before the appointed date any proceedings have been taken under any written law relating to compulsory acquisition of land for the purposes of MARA in respect of ITM, or for the purposes of ITM, such proceedings shall, as from that date, be deemed to have been taken for the acquisition of the land for the purposes of the Universiti established by this Act.

Universiti Teknologi MARA

53

Existing contracts

Section 39

Subject to the provisions of this Act and to any direction of the Minister, all deeds, bonds, agreements, instruments and working arrangements subsisting immediately before the appointed date and affecting any of the property transferred under section 38 shall be of full force and effect against or in favour of the Universiti established by this Act and enforceable fully and effectually as if, instead of—

(a)

MARA in respect of ITM;

(b)

any person on behalf of MARA in respect of ITM;

(d)

any person on behalf of ITM, the Universiti established by this Act had been named therein or had been a party thereto.

Continuance of criminal and civil proceedings

Section 40

(a)

MARA in respect of ITM;

(b)

any person acting on behalf of MARA in respect of ITM;

(d)

any person acting on behalf of ITM, may be continued or instituted by or against the Universiti established by this Act as it might have been by or against the same respectively as if this Act had not been passed.

(2)

Any appeal brought or any leave to appeal applied for on or after the appointed date against a decision given in any legal proceedings before that date may be brought by or against the

Universiti established by this Act.

54

Act 173

Transfer of fund

Section 41

(2)

All moneys belonging to or due to ITM immediately before the appointed date shall, on that date, be vested in the Universiti established by this Act and transferred to the Fund.

Continuance of officers and servants

Section 42

(2)

Every person who immediately before the appointed date was employed as an officer or servant of MARA serving in ITM shall, on that date, be employed as an officer or servant, as the case may be, of the Universiti established by this Act upon terms and conditions of service not less favourable than those obtaining immediately before the appointed date.

(3)

This section is enacted for national purposes.

Students

Section 43

All persons who immediately before the appointed date were students of ITM shall, on that date, be deemed to be students of the Universiti established by this Act.

Universiti Teknologi MARA

55

Section 44

Pending disciplinary proceedings

All disciplinary proceedings which, immediately before the appointed date, were pending against any member of the staff or any student of ITM may, on or after that date, be continued against the member of the staff or the student by the appropriate authority of the Universiti established by this Act.

Section 45

Branches

All branches of ITM existing immediately before the appointed date shall as on that date be deemed to be Branches of the Universiti established by this Act.

Section 46

Dissolution of governing body

Any governing body of ITM in existence immediately before the appointed date shall, on that date, stand dissolved.

Section 47

Minister’s power to amend this Part

(2)

An order made under this section shall be laid on the table of both Houses of Parliament at its next sitting after the publication of the order in the Gazette.

56

Act 173

First Schedule

[Section 4a]

Power of Universiti to make rules in respect of corporation

Section 1

The Universiti shall, on or before the date on which any corporation is established under paragraph 4a(1)(c), prescribe by rules—

(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 Universiti and the rights of control of the Universiti over such corporation.

Effect of rules

Section 2

Any rules made under paragraph 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 Act.

Section 3

Power to amend, etc., rules

The Universiti may at any time amend, revoke, or add to, any rules made in respect of any corporation under paragraph 1.

Section 4

Winding-up

(2)

Upon the dissolution of any corporation under subparagraph (1), the assets of the corporation after discharging all its liabilities shall be transferred to and vested in the Universiti.

(3)

The winding up of a corporation under subparagraph (1) shall be conducted in such manner as the Universiti may prescribe.

Corporation to be bodies corporate

Section 5

Every corporation established under paragraph 4a(1)(c)—

(a)

shall be a body corporate by such name as the Universiti shall give to it;

Universiti Teknologi MARA

57

(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 Act, subject to such restrictions or limitations as may be specified by the Universiti in each case.

Common seal of corporation

Section 6

(2)

The common seal may from time to time be broken, changed, altered and made anew as the corporation, with the approval of the Universiti, may think fit.

(3)

Until a seal is provided by the corporation, a stamp bearing the name of the corporation encircling the letters “UNIVERSITI TEKNOLOGI MARA”

may be used and shall be deemed to be the common seal of the corporation.

(4)

The common seal, or the stamp referred to in subparagraph (3), shall be kept in the custody of such person as may be authorized by the corporation, and shall be authenticated by such person.

(5)

All deeds, documents and other instruments purporting to be sealed with the seal, authenticated as aforesaid, shall, until the contrary is proved, be deemed to have been validly executed.

(6)

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 any such document or instrument may be executed on behalf of the corporation by an officer or servant of the corporation generally or specially authorized by the corporation in that behalf.

(7)

The common seal of every corporation shall be officially and judicially noticed.

58

Act 173

Second Schedule

[Section 13]

Disqualification

Section 1

A person shall be disqualified from being appointed or being a member of the Board—

(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;

(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

Section 2

A member of the Board shall cease to be a member—

(a)

if he fails to attend three consecutive meetings of the Board without leave of the Chairman; or

(b)

if his appointment is revoked.

Resignation

Section 3

A member of the Board may resign at any time by giving one month’s notice in writing to the Chairman.

Section 4

Filling of vacancies

Where any person ceases to be a member of the Board by reason of the provisions of this Act, another person may be appointed by the Minister to fill the vacancy for the remainder of the term for which the member was appointed.

Universiti Teknologi MARA

59

Section 5

Allowance

Members of the Board shall be paid such allowance as the Minister may determine.

Section 6

Meetings

(2)

The Chairman and every member of the Board shall have and may exercise one vote each, but in the event of an equality of votes, the Chairman or the member presiding shall have and may exercise a casting vote in addition to his original vote.

Board may invite others to meetings

Section 7

(2)

A person invited under subparagraph (1) shall be paid such allowance as the Board may determine.

Minutes

Section 8

Any minutes made of meetings of the Board shall, if duly signed, be admissible in evidence in all legal proceedings without further proof, and every meeting of the Board in respect 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.

Section 9

Disclosure of interest

(a)

any interest in any company or undertaking with which the Board proposes to enter into a contract; or

(b)

any interest in any such contract or in any matter under discussion by the Board, shall disclose to the Board the fact of his interest and its nature.

60

Act 173

(2)

A disclosure under subparagraph (1) shall be recorded in the minutes of the Board and, unless specifically authorized by the Chairman, such member shall take no part in any deliberation or decision of the Board relating to the contract or matter.

Validity of acts and proceedings

Section 10

No act done or proceedings taken under this Act shall be questioned on the ground of—

(a)

any vacancy in the membership of, or of any defect in the constitution of, the Board;

(b)

the contravention by a member of the Board of paragraph 9; or

(c)

any omission, defect or irregularity not affecting the merits of the case.

*Third Schedule

[Sections 23c and 23d]

STUDENTS’ REPRESENTATIVE COMMITTEE

Election of SRC

Section 1

In electing a Students’ Representative Committee, the students of each particular field shall elect, by secret ballot conducted by the Vice-Chancellor, such uniform number of students studying in the respective fields to be representatives in the SRC as may be determined by the Vice-Chancellor; and the division of the education provided in the Universiti into various fields of study for the purposes of this paragraph shall be made by the Vice-Chancellor.

Section 2

Office-bearers of SRC

The SRC shall elect from amongst its members—

(a)

a President;

(b)

a Vice-President;

(c)

a Secretary; and

(d)

a Treasure, who shall be its only office-bearers.

*NOTE—The Third Schedule which has been inserted by section 38 of the Institut Teknologi MARA

(Amendment) Act 1996 [Act A964] is yet to come into force–see P.U. (B) 461/1996.

Universiti Teknologi MARA

61

Term of office of SRC and its office-bearers

Section 3

The members of the SRC and its office-bearers shall be elected for one year.

Section 4

Decisions by majority vote

The SRC’s decisions shall be taken by a majority vote with not less than two-third of the members being present and voting.

Section 5

Ad hoc committee

The SRC may form, from time to time, with the prior written approval of the Vice-Chancellor, ad hoc committees from amongst its members for specific purposes or objects.

Section 6

Disqualification in respect of SRC

(a)

against whom disciplinary proceedings are pending; or

(b)

who has been found guilty of a disciplinary offence, shall be elected or remain a member of the SRC unless authorized in writing by the Vice-Chancellor.

(2)

A student—

(a)

who has not yet appeared for his first examination in respect of his course of studies; or

(b)

who has failed, or who did not appear for, the last examination held in respect of his course of studies, immediately prior to any proposed election or elections to the SRC or by the

SRC shall be disqualified from being elected at such election or elections.

Objects and functions of the SRC

Section 7

The objects and functions of the SRC shall be—

(a)

to assist and encourage, subject to the direction of the Vice-Chancellor, the development of the facilities for students such as recreational facilities and the supply of meals and refreshments;

62

Act 173

(b)

to make representations to the Vice-Chancellor on matters relating to the conditions in which the students live and study; and

(c)

to undertake such other activities as may be determined by the

Vice-Chancellor from time to time.

Expenses of SRC

Section 8

(a)

maintain any fund; or

(b)

make any collection of any money or property, from any source.

(2)

Any reasonable expenses as the SRC may be authorized in advance in writing by the Vice-Chancellor to incur may be paid by the Universiti where reasonable written claims supported by receipts and vouchers are submitted by the SRC to, and are approved by, the Vice-Chancellor.

Accounts of SRC

Section 9

(2)

A copy of the accounts kept under subparagraph (1) shall be submitted by the SRC for approval to the Vice-Chancellor not later than three months after the end of each financial year, being a financial year as specified by the

Vice-Chancellor.

Meetings of SRC

Section 10

(2)

The SRC or an ad hoc committee of the SRC shall, not less than forty-eight hours before holding any meeting, give notice of the date and time of the meeting and its agenda to the Vice-Chancellor.

(3)

Every meeting of the SRC or of an ad hoc committee of the SRC shall be held at a place provided for the purpose of such meetings by the

Vice-Chancellor.

(4)

The Vice-Chancellor or his representative shall be present at each meeting of the SRC or of an ad hoc committee of the SRC, unless the

Vice-Chancellor decides otherwise in respect of any particular meeting.

Universiti Teknologi MARA

63

Inspection of records

Section 11

The records of the SRC or of an ad hoc committee of the SRC shall at all times be open to inspection by the Vice-Chancellor or his representative.

Section 12

Disputes as to elections

(a)

has been duly elected or appointed, as the case may be; or

(b)

is entitled to be or to remain a member or office-bearer thereof, the dispute shall be decided by the Vice-Chancellor or by a person appointed by him for that purpose.

(2)

The decision of the Vice-Chancellor or of the person appointed by him under subparagraph (1) shall be final.

Definition of “student” for the purpose of this Schedule

Section 13

(2)

A person shall cease to be a student within the meaning of this paragraph—

(a)

upon the publication of the results of the final examination of 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 paragraph.

64

Act 173

LIST OF AMENDMENTS

Amending law

Short title

In force from

Act A652

Institut Teknologi MARA (Amendment)

Act 1986 01-04-1986

Institut Teknologi MARA (Amendment)

Act 1996 17-10-1996

(Except s.27 to s.30, subparagraphs 37(c)(i),

(iv)

and (v)

and Third

Schedule to s.38)

Act A1073

Institut Teknologi MARA (Amendment)

Act 2000 26-08-1999

Universiti Teknologi MARA

65

Act 173

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from 1a

Act A1073 26-08-1999 2

Act A1073 26-08-1999 3

Act A1073 26-08-1999 3a

Act A1073 26-08-1999 4

Act A1073 26-08-1999 4a

Act A964 17-10-1996 5

Act A964 17-10-1996 6

Act A964 17-10-1996 7

Act A1073 26-08-1999 8

Act A964 17-10-1996 9

Act A964 17-10-1996 13

Act A1366 11-02-2010

Act A1073 26-08-1999 16

Act A964 17-10-1996 16a

Act A1073 26-08-1999 16b

Act A1073 26-08-1999 17

66

Act 173

Section

Amending authority

In force from 18

Act A964 17-10-1996 19

Act A964 17-10-1996 19a

Act A1073 26-08-1999 19b

Act A1073 26-08-1999 20

Act A1073 26-08-1999 21

Act A964 17-10-1996 22

Act A964 17-10-1996 22a

Act A964 17-10-1996 23

Act A964 17-10-1996 23a

Not yet in force 23b

Not yet in force 23c

Not yet in force 23d

Not yet in force 23e

Not yet in force 23f

Not yet in force 23g

Not yet in force 23h

Not yet in force 23i

Not yet in force 23j

Not yet in force 23k

Not yet in force 23l

Not yet in force 24

Act A964 17-10-1996 28

Universiti Teknologi MARA

67

Section

Amending authority

In force from 28a

Act A964 17-10-1996 29

Act A964 17-10-1996 29a

Act A964 17-10-1996 29b

Act A1073 26-08-1999 34a

Act A964 17-10-1996 34b

Act A964 17-10-1996 35

First Schedule

Second Schedule

Third Schedule

Not yet in force

Throughout the Act

Act A1073 26-08-1999

KUALA LUMPUR

WJW21/1402 11-11-2021

UNIVERSITI TEKNOLOGI MARA ACT 1976

About this act

Part I

(2)

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(c)

(i)

(ii)

Part II

(a)

(b)

(c)

(d)

(e)

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

(k)

(l)

(2)

(a)

(b)

(a)

(i)

(ii)

(iii)

(iv)

(v)

(b)

(c)

(d)

(e)

(f)

(i)

(ii)

(iii)

(iv)

(g)

(h)

(i)

(2)

(2)

(3)

(a)

(b)

(4)

(a)

(b)

(5)

(6)

(2)

(3)

(3a)

(4)

(5)

(2)

(3)

(a)

(b)

(2)

(3)

(4)

Part III

(2)

(a)

(b)

(c)