Malaysia legislation
Section 13
of CO-OPERATIVE COLLEGE (INCORPORATION) (AMENDMENT) ACT 2011
Section 13
New sections 12a to 12g
The principal Act is amended by inserting after section 12
the following sections:
“Public Authorities Protection Act 1948 12a. The Public Authorities Protection Act 1948 [Act 198]
shall apply to any action, suit, prosecution or proceedings against the College or against the Board, any member of the Board, any member of a committee, or any officer, staff or agent of the College in respect of any act, neglect or default done by it or by him, as the case may be, in such capacity.
Co-operative College (Incorporation) (Amendment)
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Public servants 12b. Every member of the Board, or any officer, staff or agent of the College, while discharging his duties under this
Act as such member, officer, staff or agent, shall be deemed to be a public servant within the meaning of the Penal Code
[Act 574].
Obligation of secrecy 12c. (1) Except for the purposes of this Act or any civil or any criminal proceedings under any written law, a member of the Board, or any officer, staff or agent of the College, any member of a committee, or any person invited to attend any meetings of the Board or any committee, shall not disclose any information which has been obtained by him in the course of his duties and which is not published in pursuance of this Act.
(2)
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—
(a)
the Board;
(b)
a member of the Board;
(c)
the College;
(d)
any officer or staff of the College; or
(e)
any persons lawfully acting on behalf of the
College, for any act or omission done or omitted in good faith in the exercise or discharge of its or his powers or duties under this Act on a reasonable belief that it was necessary for the purpose intended to be served thereby.
Power of Board to make rules and guidelines 12f. (1) The Board may make such rules and guidelines as may be necessary for the purpose of giving effect to the provisions of this Act.
(2)
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:
(a)
the functions and duties of the officers and staff;
(b)
the determination of the requirements governing the recognitions and awards of diplomas, certificates and equivalent qualifications to be conferred by the College;
(c)
the conditions and admission and welfare of the students;
(d)
the forms required for the purposes of this Act;
and
(e)
any matter within the powers of the College under section 4a.
Power of Minister to make regulations 12g. The Minister may make regulations—
(a)
providing for the discipline of the students of the
College, including prescribing the disciplinary offences, disciplinary punishments and the procedures for disciplinary proceedings; and
Co-operative College (Incorporation) (Amendment)
(b)
on any matters as may be expedient or necessary for the better carrying into effect of the provisions of this Act.”.
Deletion of Schedule