Malaysia legislation
Section 23
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.
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(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.
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(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.
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(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.
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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.
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(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.
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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.
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(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.
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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.
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(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,
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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.
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(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.
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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.