CO-OPERATIVE COLLEGE (INCORPORATION) (AMENDMENT) ACT 2011

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Substitution of section 2

confer diplomas, certificates and equivalent qualifications upon persons who have followed courses of study conducted by the College and have satisfied such other requirements as may be determined by the

Board, or as may be prescribed;

institute and award scholarships, bursaries, medals, prizes and other forms of distinctions, awards or assistance in respect of the training, education and knowledge based services provided by the

College;

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

market or commercialize the services, research findings and products of the College;

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

do any thing, whether or not incidental to the powers aforesaid, which may be done for the enhancement of education, training, finance, administration, welfare and discipline in the College; and

establish or promote the establishment of companies under the Companies Act 1965 [Act 125] to carry on or engage in any activity which has been planned or undertaken by the College with the approval of the Minister of Finance.

Co-operative College (Incorporation) (Amendment)

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The Board of the College 4b.  (1)  The College shall be administered by the Board of the College which consist of the following members:

a Chairman;

the Executive Chairman of the Malaysia Co-operative

Societies Commission as Deputy Chairman;

the Director General of the College;

a representative of the Treasury;

a representative of the Ministry in charge of co-operative development;

a representative of the National Co-operative

Organisation of Malaysia (ANGKASA);

six persons representing the co-operative movement;

and

three other persons who, in the opinion of the Minister, possess the qualification or experience in matters relating to the development, operation or well-being of the College.

The members referred to in paragraphs (1)(a), (d), (e),

A senior officer of the College shall be appointed by the Board as Secretary to the Board but with no voting rights.

A member of the Board appointed under paragraphs

Where a member appointed under paragraphs (1)(a),

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

Disqualification from being a member of the Board 4c. A person shall be disqualified from being appointed or being a member of the Board—

Where both the Chairman and the Deputy Chairman are for any reason unable to perform the functions of the

Chairman or during any period of vacancy in the offices of the Chairman and Deputy Chairman, the Minister may appoint any member of the Board to perform the functions of the Chairman.

Co-operative College (Incorporation) (Amendment)

The Deputy Chairman or the member appointed under subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman and shall have all the powers of the Chairman.

Vacation of office 4e. The office of a member of the Board referred to in subsection 4b(1) shall become vacant—

Notwithstanding subsection (1), the appointment of any member may at any time be revoked by the Minister without giving reasons for such revocation.

Board meetings 4g.  (1)  The Board shall meet as often as may be necessary but not less than four times a year for the purpose of considering its activities.

The quorum of the Board shall be seven.

If on any question to be determined by the Board there is an equality of votes, the Chairman shall have a casting vote.

The Board shall cause minutes of all its meetings to be maintained and kept in a proper form.

Any minutes made of meetings of the Board shall, if duly signed by the Chairman, 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.

Disclosure of interest 4h.  (1)  A member of the Board having, directly or indirectly, by himself or his partner—

A disclosure under subsection (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.

No act or proceedings of the Board shall be invalidated on the ground that any member of the Board has contravened this section.

Board may invite others to meetings 4i.  (1)  The Board may invite any person to attend a meeting or deliberation of the Board for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting or deliberation.

A person invited under subsection (1) may be paid such allowances as the Board may determine.

Allowances 4j. The members of the Board appointed under subsection 4b(1) and the members of any committee appointed under section 5a may be paid such allowances as the Minister may determine.

Validity of acts and proceedings 4k. No act done or proceeding taken under this Act shall be questioned on the ground of—

The Director General shall hold office for a period of not exceeding three years and shall be eligible for reappointment.

The Board shall vest in the Director General such powers and shall impose upon him such duties as the Board may determine.

Appointment of officers and staff 4m.  (1)  The College may appoint, on such terms and conditions of service as may be approved by the Board, such number of Deputy Director Generals, other officers and staff, as may be necessary for carrying out the purposes of the College.

The Deputy Director Generals shall be subject to the direction and control of the Director General and may perform all the duties of the Director General under this Act.

Branch of the College 4n.  (1)  The Board may establish and maintain such branch or branches of the College at such place or places in Malaysia or elsewhere as the Board may consider desirable for the purpose of carrying out the provisions of this Act.

The Board shall appoint in respect of a branch, a Branch

Director 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 Director General.

Power of the Minister to give directions 4o.  (1)  The Board shall be responsible to the Minister.

The Minister may give to the Board directions of a general character consistent with the provisions of this Act, relating to the performance of the functions and the exercise of the powers of the Board.

The Board shall give effect to all directions given under this section as soon as possible.

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Common seal of the College 4p.  (1)  The common seal of the College may from time to time be broken, changed, altered and made anew as the

Board thinks fit.

The common seal of the College shall be kept in the custody of the Director General and shall be used with the authority of the Board.

The common seal of the College shall be affixed to all diplomas and certificates and signed by—

The seal of the College shall be officially and judicially noticed.

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 College;

and any such document or instrument may be executed on behalf of the College by the Director General, or by any person generally or specially authorized in writing by the

Board.”.

Substitution of section 5

Subject to subsection (3), the payment into and out of the Reserve Fund shall be determined by the Board.

The Reserve Fund shall not be applied otherwise than for the purposes of the College.

Contributory Provident Fund 7b. The College may, with the approval of the Minister and the concurrence of the Treasury, establish and manage a Contributory Provident Fund for the Director General appointed under section 4l and officers and staff appointed under section 4m.”.

New section 8a

Any property or money accepted by the College under subsection (1) shall, subject to the terms and conditions on which the property or money is given and accepted, be applied by the Board for all or any of the purposes of the

College in accordance with this Act.

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

All properties and moneys given and accepted for any specific purposes shall be applied and administered in accordance with the purposes for which the properties and moneys may be given and accepted and shall be separately accounted for.”.

Amendment of section 10

Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Civil proceedings 12d. Notwithstanding the provisions of any written law to the contrary, in any civil proceedings by or against the College or in any other proceedings in which the College is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person or officer of the College authorized in that behalf by special or general directions by the Director General, may on behalf of the College, institute such proceedings or appear in and conduct such proceedings and may make all appearances and applications and do all acts in respect of such proceedings on behalf of the College.

Act or omission done in good faith 12e. No action or suit shall be brought, instituted or maintained in any court against—

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

All actions, regulations, orders, directions, notifications, approvals, decisions, guidelines and other executive acts made, given or done under, or in accordance with, or by virtue of the principal Act by the Council before the coming into operation of this Act shall be deemed to have been made, given or done under, or in accordance with or by virtue of, this Act by the

Board, and shall continue in full force and effect in relation to the persons to whom they apply.

All deeds, documents and other instruments executed by the College under the common seal of “The Co-operative College of Malaysia” or “Maktab Kerjasama Malaysia” before the coming into operation of this Act shall continue in full force and effect on the coming into operation of this Act.

Any person who was appointed under the principal Act before the coming into operation of this Act shall continue to be a member of the Board or any committee, or an officer or a member of the staff of the College, as the case may be, under this Act as if the person had been appointed under the provisions of this Act.

KUALA LUMPUR