PRELIMINARY
Short title and application
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TUNKU ABDUL RAHMAN FOUNDATION FUND ACT 1966 is Malaysia Act, cited as Act 389 1966, currently marked in force and first recorded in 1966.
Opening note
Part I
Short title and application
This Act may be cited as the Tunku Abdul Rahman Foundation
Fund Act 1966, and shall apply throughout Malaysia.
Interpretation
“Minister” means the Minister of Education.
Part II
Establishment and management of the Fund
The Fund shall vest in and be managed by a Board of
Trustees (hereinafter referred to as the “Board”) which shall be a body corporate with perpetual succession and a common seal with the power to sue and be sued, to hold property movable or immovable, to make contracts and subject as hereafter provided to convey, assign, surrender, mortgage, lease or otherwise dispose of movable or immovable property vested in the Board upon such terms as it may think fit.
Part III
Powers of Board to accept grants, donations, etc.
The Board shall have power at its discretion to accept any grants, donations, endowments, gifts, or bequests made to or in favour of the Fund.
Members of Board
The Chairman and the members of the Board referred to in paragraph (1)(d) shall be appointed for a period of three years and are eligible for reappointment.
The Board shall meet at such places and times as the Chairman may appoint and at any meeting of the Board five members shall form a quorum.
Subject to this Act the Board shall have power to determine its own procedure.
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Tunku Abdul Rahman Foundation Fund
Disqualification of members
A member of the Board shall be disqualified from holding office as such member if he—
commits any breach of trust or any dereliction of his duty as such member which in the opinion of the appointing authority warrants his removal.
Removal from office
, the Minister may remove from office any such member of the
Board who by reason of ill-health or prolonged absence from
Malaysia is in the opinion of the Minister rendered incapable of properly performing his duties as a member of the Board.
Part IV
Cost of managing the Fund and object of the Fund
Subject to the provisions of this Act, the balance of the
Fund after defraying the expenses referred to in subsection (1)
shall be utilized for the following purposes:
to provide or award such number of studentships, scholarships, study grants or study loans, or any other award or financial assistance as the Board may determine from time to time to be provided or awarded to any person referred to in subsection (3) to enable the person to pursue such course or courses of education as the
Board may think proper; and
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to provide grants, loans or any other form of financial assistance to any school or other educational institution for purposes of education upon such terms and conditions as the Board may determine from time to time.
Paragraph (2)(a) shall apply to any citizen of Malaysia who by virtue of his circumstances or other reasons require in the opinion of the Board to be provided with or assisted by a studentship, scholarship, study grant or study loan or any other award or financial assistance under this Act.
Terms of study award
If any recipient of any award made under this Act fails to satisfy section 8 or commits a breach of any of the conditions laid down by the Board or in any way whatsoever misconducts himself he may thereupon be deprived of such award.
Operation of this Act
If in the opinion of the Board at any time that circumstances render any award under this Act inadvisable or if there is in any year no candidate entitled in the opinion of the Board to any award under this Act then no such award shall be made for that year and the money which otherwise would have been appropriated to such award may be dealt with as hereinafter provided in this Act.
Cessation of award in certain cases
The Board may cease to provide, maintain or assist any recipient of an award under this Act who contravenes or fails to
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Tunku Abdul Rahman Foundation Fund comply with the terms or conditions imposed by the Board in accordance with this Act or if it appears to the Board that a further pursuance of his studies is not advantageous or reasonable by reason of his unsatisfactory scholastic progress misconduct or ill-health:
Provided that in any such case of cessation of an award the
Board shall defray all expenses necessary to return such recipient and his dependants if any to Malaysia if they shall have departed therefrom on the instructions or with the approval of the Board.
Conditions of award
Before making any award under this Act the Board may impose such conditions as it deems necessary.
Part V
Investment powers of the Board
investments for the time being authorized by law for the investment of trust funds; or
Investments under paragraph (1)(b) shall be limited to a maximum of 10 per centum of the assets of the Fund and shall, if invested in shares—
be made in the shares of companies which have for three successive years immediately preceding such investment paid dividends on their ordinary shares; or
be made in the initial public offer shares of companies newly listed on the Stock Exchange which are allocated for and offered to the Fund by the Ministry of Finance or the Ministry of International Trade and Industry.
Notwithstanding subsection (1) the Board shall not make any investment in securities issued or registered, or other properties situated, outside Malaysia except with the approval in writing of the Minister of Finance.
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Audit and accounts
As soon as may be after the end of each calendar year the
Board shall submit to the Minister an audited account of the revenues and expenditure of the Fund for that year together with a statement of assets and liabilities thereof; and the Minister shall cause the account and statement together with a copy of any observations of the auditor thereon to be laid before each House of Parliament.
Seal of the Board
Any instrument bearing the seal of the Board so affixed and attested shall be deemed to have been made by the Board.
Appointment of officers and servants
The Board shall have power to appoint a Secretary to the
Board and such other officers and servants as may be necessary for carrying out the functions of the Board.
Delegation by the Board
The Board may by instrument in writing under the common seal of the Board delegate to any person or body such of its duties as may be necessary to be performed in or outside Malaysia;
provided that any such person or body shall have no control over the Fund and shall act in all respects in accordance with the direction of the Board.
Liability for loss in investment
No member of the Board shall be liable for any loss arising from or contingent upon any investment made unless such loss has been occasioned by his wilful negligence fraud or dishonesty; and
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Tunku Abdul Rahman Foundation Fund no member of the Board agent or person acting under the authority of the Board shall be personally liable to any action or proceeding for or in respect of any act matter or thing done or omitted to be done in good faith and in the proper exercise of any of the rights or powers of the Board or members thereof.
Rules
In particular and without prejudice to the generality of the foregoing power such rules—
may prescribe the awards, the conditions to be observed and the qualifications to be possessed by the candidates;
may provide for the payment of salaries and allowances and conditions of service of the officers and servants of the Board;
may provide for the establishment and management of a superannuation or provident fund scheme for its officers and servants.
Liquidation
If on receipt of such report the Minister considers that an appeal for grants donations endowments or gifts should be made he shall forthwith direct the Board to make such appeals and the
Board shall accordingly comply with such direction.
If after the expiration of six calendar months from the date any appeal is made under subsection (2) no adequate grants donations or endowments are received by the Board the Minister shall direct that the Fund be liquidated; and proceedings for liquidation shall commence according to the rules made under this Act.
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Transfer into Fund of moneys in the hands of sponsors
Upon the commencement of this Act all moneys and other assets on the custody, control or management of any person or persons by virtue of any authority whatsoever and donated to the
Fund or received by such person or persons in anticipation of the promulgation of this Act together with any interest or dividends accrued thereon shall be deemed to form part of the Fund and shall be transferred to and vested in the Board.
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Tunku Abdul Rahman Foundation Fund
Act 389
LIST OF AMENDMENTS
Amending law
Short title
In force from
Act A1045
Tunku Abdul Rahman Foundation 01-01-1999
Fund (Amendment) Act 1998
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Act 389
LIST OF SECTIONS AMENDED
Section
Amending authority
In force from 8
Act A1045 01-01-1999 13
Act A1045 01-01-1999
KUALA LUMPUR