/akn/my/act/act/1971/30

*UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971

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Type
Act
Status
In force
Enacted
1971
Last amended
2024
Sections
140
Languages
MS · EN

Quick answer

About this act

*UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 is Malaysia Act, cited as Act 30 1971, currently marked in force and first recorded in 1971.

Opening note

Preamble

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  1. An Act to provide for the establishment, maintenance and administration of Universities and University Colleges and for other matters connected with it. [Throughout Malaysia—30 April 1971] BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Part I

PART I

Section 2

Interpretation

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“Board”, in relation to a University, means the Board of Directors of the University constituted in accordance with the Constitution of the University;

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“Campus”, in relation to a University or University College, means—

(a)

the Campus or Branch Campus of the University or

University College;

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(b)

the Campus as specified in the order made under subsection 6(1); and

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(c)

the area, together with all buildings or other structures thereon, which belongs to or is used, whether permanently or otherwise, by the University or University College;

“Chancellor”, in relation to a University, means the Chancellor of the University and includes any other person, by whatever name called, who has been appointed as the Head of a University and “Pro-Chancellor” shall be construed accordingly;

“Constitution”, in relation to a University, means the Constitution of the University substantially in the form as set out in the First

Schedule;

“Director General” means the Director General of Higher

Education appointed under subsection 4C(1) and includes the Deputy

Director General appointed under the same subsection;

“Faculty”, in relation to a University, means the Faculty of the

University and includes a School, a Centre, an Academy and an

Institute, of the University, and in relation to the Campus of a

University, includes any part of the Faculty, School, Centre,

Academy and Institute designated to such Campus;

“Higher Education” includes University and University College education;

“Higher Educational Institution” means any University or

University College established under this Act;

“Minister” means the Minister charged with the responsibility for higher education;

Universities and University Colleges 9

“registrable offence” has the meaning assigned to it under the

Registration of Criminals and Undesirable Persons Act 1969 [Act 7];

“Senate” in relation to a University, means the Senate of that

University;

“student” means a registered student, other than a student at an institution allied to the University or University College, who is following a course of study, instruction, training or research of any description at the preparatory, under-graduate, post-graduate or post-doctoral level on a full time or part-time basis in, by or from the

University or University College, and includes a distance-learning, off-campus, exchange and non-graduating student;

“University” or “University College” means a higher educational institution having the status of a University or University College respectively;

“University or University College education” means education provided by a University or University College at the preparatory, under-graduate, post-graduate or post-doctoral level and includes research and educational development and the commercialization of such research and development;

“Vice-Chancellor”, in relation to a University, means the Vice-Chancellor, President, Rector or Director of the University and includes any other person, by whatever name called, who has been appointed as the chief executive officer of the University and

“Deputy Vice-Chancellor” shall be construed accordingly.

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Part II

PART II

Section 3

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The Minister shall, subject to the provisions of this Act, be responsible for the general direction of higher education and the administration of this Act which shall be in accordance with the

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national policies, strategies and guidelines on higher education formulated or determined by an authority established under any written law for such purposes.

Section 4

Power of Minister to appoint person or body to investigate

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Minister’s responsibility for higher education and the administration of this Act, the Minister may, from time to time, appoint any person or body to investigate into any of the activities or the administration of any higher educational institution and to report to him the result of such investigation with recommendations relating thereto.

Section 4A

Committee to advise Minister on appointment

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For the purpose of selecting a qualified and suitable person for the post of Vice-Chancellor or for any other post to which the

Minister has the power to appoint under this Act, the Minister shall, from time to time, appoint a committee to advise him on such appointment.

Secondment or transfer of service of University employee by

Section 4B

Minister

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(2)

Any claim for compensation arising out of the secondment or transfer of a University employee pursuant to subsection (1) shall be met by the requesting University, statutory authority or organization

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whether it be in accordance with such arrangement as may be agreed upon with the University of the said employee or otherwise.

PART IIA

ADMINISTRATION

Appointment and duty of Director General of Higher Education

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Section 4C

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(2)

The Director General shall advise the Minister on matters pertaining to higher education.

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(3)

The Director General shall have functions and exercise the powers conferred on him by this Act subject to the general direction and control of the Minister and the Director General shall give effect to such direction issued by the Minister.

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(4)

In the absence of the Director General, the Deputy Director

General may exercise his functions and powers.

Delegation of functions, powers and duties of the Minister

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Section 4D

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(2)

Any function, power or duty delegated under subsection (1)

shall be performed, exercised or discharged by the Director General in the name and on behalf of the Minister.

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(3)

The Director General to whom such functions, powers or duties are delegated under subsection (1) shall be bound to observe and comply with all conditions, limitations or restrictions imposed by the Minister.

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(4)

The delegation under this section shall not preclude the

Minister from discharging at any time any of the functions, powers or duties so delegated.

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(5)

The Minister may, at any time, revoke the delegation made under this section.

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Part III

PART III

UNIVERSITIES

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Prohibition on establishing Universities

Section 5

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Subject to section 5A, no higher educational institution with the status of a University shall be established except in accordance with the provisions of this Act or the Private Higher Educational

Institutions Act 1996 [Act 555].

Section 5A

Non-application of Act to University established in the national interest, etc.

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(2)

The Yang di-Pertuan Agong may, on the advice of the

Minister, by order published in the Gazette, authorize the establishment of any higher educational institution having the status of a University, whatever its name or style, if he is satisfied that it is expedient in the national interest that such higher educational institution should be established.

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Incorporation and establishment of a University

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Section 6

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(a)

declare that there shall be established a higher educational institution having the status of a University, which shall be a body corporate, for the purpose of providing, promoting and developing higher education in all such branches of learning as shall be specified in the order;

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(b)

assign a name and style to that University; and

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(c)

specify the location of the site which shall be the seat of that University.

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(1A)

The Yang di-Pertuan Agong may amend, vary or revoke an order made under subsection (1) by a subsequent order published in the Gazette.

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(2)

An Order made under subsection (1) (hereinafter referred to as the “Incorporation Order”) or (1A) shall, at the next meeting of

Parliament, be laid before both Houses of Parliament.

Effect of Incorporation Order and general powers of a higher educational institution which is a University

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Section 7

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(a)

to sue and be sued in all courts;

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(b)

to have and use a common seal and to alter the same at its pleasure;

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(c)

to purchase any immovable or movable property and to take, accept and hold any such property which may become vested in it by virtue of any such purchase or by any grant or donation, lease, subventions, legacies, testamentary disposition or otherwise;

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(d)

to sell, lease, exchange or otherwise dispose of any such property not inconsistent with any condition or restriction as may be imposed by the Constitution; and

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(e)

to exercise, discharge and perform all such powers, duties and functions as may be conferred or imposed on the

University by this Act or the Constitution.

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(2)

The powers conferred on a University by subsection (1) shall, unless otherwise expressly provided by this Act or the Constitution, be exercised by the Board.

Constitution of a University

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Section 8

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(2)

If at any time the Constitution does not contain provisions set out in the First Schedule to this Act, the Board shall take such steps as may be necessary for giving effect to the provisions aforesaid or for removing the inconsistent provisions in the Constitution.

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(3)

Without prejudice to subsection (2), the Yang di-Pertuan

Agong may, at any time, amend the Constitution so as to bring it into accord with the provisions of the First Schedule to this Act.

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(4)

The provisions of the Constitution shall take effect from such date as may be appointed by the Yang di-Pertuan Agong and shall have the force of law within Malaysia.

Universities and University Colleges 15

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(5)

Anything done or appointment made for and on behalf of the

University prior to the date of the coming into force of the

Constitution shall, on and after that date, be deemed to be made for, by or on behalf of the University.

University to keep office as an address for service in Malaysia

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Section 9

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(2)

All writs, plaints, notices, pleadings, orders, summonses, warrants or other proceedings or other written communications shall, if left at the office kept and maintained under subsection (1), be deemed duly served upon or delivered to a University or such officer or authority to whom they may have been addressed, in all proceedings before any Court in Malaysia.

Copies of Statutes, etc., to be kept at office of University

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Section 10

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Every University shall keep at the office mentioned in section 9

a copy of each current Statute, Rule, Regulation or other documents required to be published under this Act or the Constitution, and shall keep the same available at all reasonable hours for inspection by the public and, where any books or copies of documents are, under this

Act or the Constitution, required to be available for purchase by the public, such books or copies shall be kept available for purchase at such office or at some other place within Malaysia as the University may think fit.

Section 11

Grants-in-aid and accounts

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(2)

All moneys paid to a University under subsection (1) shall be applied or expended by the University for all or any of the purposes

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of the University in accordance with the estimates approved under the provisions of the Constitution:

Provided that any such moneys appropriated to and not applied for the purposes of the annually recurrent expenditure of the University may, with the approval of the Minister, be applied to capital expenditure.

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(3)

A copy of the accounts of the University for each financial year shall be prepared and submitted for audit before 30th July immediately following the financial year; and the accounts together with the report of the auditor shall be submitted to the Minister.

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(4)

The Minister shall cause a copy of the audited accounts of the

University to be laid before both Houses of Parliament.

Establishment of Campus of a University

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Section 12

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(a)

establish a Campus of a University in or outside Malaysia;

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(b)

assign a suitable name or designation to the Campus;

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(c)

specify the site or location of the Campus, being the site or location which shall be in addition to the Campus at the seat of the University; and

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(d)

prescribe such other matters as may be necessary or expedient for giving effect to the Campus Order.

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(2)

The Minister may amend, vary or revoke a Campus Order by a subsequent order published in the Gazette.

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(3)

If any area is required to be used by the University temporarily for any purpose, the Vice-Chancellor may, with the consent of the

Board, approve the use of such area for such purpose by the

University for such duration as he may deem necessary, and the

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provisions of this Act, the Constitution, Statutes, Rules and

Regulations of the University shall apply to such area as they apply to a Campus.

Acquisition of land for purposes of the University

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Section 13

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(2)

Expenses and compensation in respect of any immovable property acquired under subsection (1) shall be paid by the

University.

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(3)

All immovable property acquired under this section shall vest in the University, and an entry to that effect in the appropriate register shall be made by the proper registering authority.

Exemption from estate duty

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Section 14

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No estate duty shall be payable in respect of the amount of any bequest to a University, and the value of the property passing on the death of a deceased shall be deemed not to include the amount of such bequest for the purpose of fixing the rate of estate duty.

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Section 15

Activities of students or students’ society, organization, body or group

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(2)

A student of the University shall not—

(a)

become a member of any political of any unlawful society, organization, body or group of persons, whether in or outside Malaysia;

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(b)

become a member of any society, organization, body or group of persons, not being a political party, which the

Board determines to be unsuitable to the interest and well-being of the students or the University; or

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(c)

be involved in political party activities within the Campus.

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(3)

A student of the University and any society, organization, body or group of students of the University which is established by, under or in accordance with the Constitution, shall not express or do anything which may reasonably be construed as expressing support for or sympathy with or opposition to—

(a)

any unlawful society, organization, body or group of persons, whether in or outside Malaysia; or

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(b)

any society, organization, body or group of persons which the Board determines to be unsuitable to the interests and well-being of the students or the University.

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(4)

Notwithstanding subsection (3), a student of the University shall not be prevented from—

(a)

making a statement on an academic matter which relates to a subject on which he is engaged in study or research; or

Universities and University Colleges 19

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(b)

expressing himself on the subject referred to in paragraph

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(a)

at a seminar, symposium or similar occasion that is not organized or sponsored by any unlawful society, organization, body or group of persons, whether in or outside Malaysia, or any society, organization, body or group of persons determined by the Board under paragraph (3)(b) to be unsuitable to the interests and well-being of the students or the University.

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(5)

The University shall regulate the activities of students and a society, an organization, a body or group of students of the

University within the Campus.

Prohibition on collection of money by a student or by an organization, body or group of students

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Section 15A

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(2)

Any person who breaches subsection (1) shall be liable to disciplinary action.

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(3)

The Vice-Chancellor may, in any particular case, grant exemption to any person from the application of subsection (1), subject to such terms and conditions as he thinks fit.

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(5)

The provisions of this section shall be in addition to and not in derogation from the provisions of any written law relating to house to house and street collections, public collections, or collection of money or sale of badges.

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Liability of students or students’ organization, body or group

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Section 15B

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Where a registrable offence has been committed under any written law and such offence has been committed or purports to have been committed in the name or on behalf of any organization, body or group of students of the University which is established by, under or in accordance with the Constitution, every person convicted of such offence shall be liable to disciplinary action and such organization, body or group of students shall be dealt with in accordance with section 16.

Section 15C

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(Deleted by Act A1342).

Suspension of student charged with registrable offence and matters relating to detention, etc.

Section 15D

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(a)

he may, in the discretion of the Vice-Chancellor, be suspended from being a student; and

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(b)

if so suspended, he shall not during the pendency of the criminal proceedings, remain in or enter the Campus.

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(2)

Where a student of the University charged with a registrable offence under subsection (1) is convicted of that offence, the student shall be liable to disciplinary action.

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(3)

Where a student of the University is detained or is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security, the student shall be liable to disciplinary action.

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(4)

A student of the University who is detained or is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security, or is imprisoned or detained for whatever reason, may, with the consent of the Senate, be permitted to sit for the examination of the University subject to such

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order made or approval given by the Minister responsible for internal security or any other competent authority, as the case may require.

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(5)

A student of the University who is suspended from being a student of the University under subsection (1) may, while he is so suspended, be admitted as a student of any University established under this Act with the written approval of the Minister, and if the

Minister grants such approval, the Minister may impose such terms and conditions as he thinks fit.

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(6)

A student of the University who ceases to be a student under this Act may be admitted as a student of that or any other University established under this Act with the written approval of the Minister, and if the Minister grants such approval, the Minister may impose such terms and conditions as he thinks fit.

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(7)

If the determination of any application, appeal or other proceedings by the court in respect of any criminal proceedings against a student of the University for a registrable offence, results in his discharge or acquittal, the student, if suspended from the

University or has served any period of imprisonment, as the case may be, shall be allowed to resume his studies at the University and the period of suspension or imprisonment, as the case may be, shall not be taken into consideration in calculating the maximum duration permitted to complete the course of study and in the computation of his results.

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(8)

If the determination of any application, petition, appeal or other proceedings by the court or any competent authority in respect of the detention order against or order imposing restrictions on a student of the University under any written law relating to preventive detention or internal security, results in his release or the restrictions imposed on him being revoked, the student shall be allowed to resume his studies at the University and the period of detention and restriction he was subjected to shall not be taken into consideration in calculating the maximum duration permitted to complete the course of study and in the computation of his results.

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Power of

Vice-Chancellor to suspend or dissolve any organization, body or group of students

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Section 16

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(2)

Any organization, body or group of students of the University aggrieved by the suspension or dissolution made under subsection (1)

may, within fourteen days from the date of receipt of the notice of the suspension or dissolution, appeal in writing to the Minister.

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Section 16B

Disciplinary authority in respect of students of the University

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(2)

The Vice-Chancellor who is the disciplinary authority under subsection (1), shall have the power to take such disciplinary action and impose such disciplinary punishment as may be provided for under any disciplinary rules that may be made by the Board under section 16C.

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(3)

The Vice-Chancellor may delegate his disciplinary functions, powers or duties to any of the Deputy Vice-Chancellors, employee of the University, or committee of employees of the University, in respect of any particular student or any class or category of the students of the University.

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(3A)

The Vice-Chancellor, or Deputy Vice-Chancellor, employee or committee of employees delegated with the functions, powers or

Universities and University Colleges 23

duties under subsection (3), shall inform the student in writing of the grounds on which it is proposed to take action against him and shall afford him a reasonable opportunity of being heard.

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(3B)

A student of the University shall have the right to be represented by an employee or another student of the University in any disciplinary proceedings taken against him.

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(3C)

A student of the University shall be allowed to make a written or an oral representation in any disciplinary proceedings taken against him.

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(3D)

The decision of the Vice-Chancellor, Deputy Vice-Chancellor, employee or committee of employee, as the case may be, in any disciplinary proceedings taken against a student of the

University shall be communicated in writing to the student within fourteen days from the date of the decision.

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(4)

Any student of the University who is dissatisfied with the decision of the Vice-Chancellor, Deputy Vice-Chancellor, employee or committee of employees, as the case may be, under subsection

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(3D)

may, within fourteen days from the date of receipt of the decision, submit an appeal in writing to the Student Disciplinary

Appeal Committee established by the Board under subsection (5).

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(5)

The Board shall establish a Student Disciplinary Appeal

Committee to hear and determine any appeal submitted by a student under subsection (4).

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(6)

The Student Disciplinary Appeal Committee shall comprise three members to be appointed by the Board, two of whom shall be from amongst its members and one other person from within the

University.

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(7)

The Board shall appoint any of its members referred to in subsection (5) to be the chairman of the Student Disciplinary Appeal

Committee.

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(8)

No person who had exercised the powers under subsection (2)

or (3) shall be a member of the Student Disciplinary Appeal

Committee.

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(10)

A student of the University who has submitted an appeal under subsection (4) shall be allowed to make a written representation in any proceedings before the Student Disciplinary

Appeal Committee.

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(11)

The Student Disciplinary Appeal Committee hearing an appeal under subsection (5) shall decide on the appeal within sixty days from the date of receipt of the appeal.

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(12)

The decision of the Student Disciplinary Appeal Committee on an appeal shall be communicated in writing to the student within fourteen days from the date of its decision.

Disciplinary rules

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Section 16C

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(2)

The disciplinary rules made under this section may include provisions for the suspension of a student of the University during the pendency of disciplinary proceedings.

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(3)

The disciplinary rules made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishments so provided may extend to expulsion of the student from the University.

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(4)

The disciplinary rules made under this section shall prescribe the procedures for disciplinary proceedings and disciplinary appeal proceedings.

Universities and University Colleges 25

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(5)

The particularity of the matters referred to in subsections (2),

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(3)

and (4) shall be without prejudice to the generality of the powers of the Board under subsection (1).

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Section 17

Constitution to provide protection of benefits under provident fund scheme

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The Constitution may establish a provident fund scheme for its employees and the following provisions shall apply to any such provident scheme—

(a)

no assurance on the life of any contributor under any provident scheme and no moneys or other benefits received under such assurance or in any other manner under any such scheme shall be capable of being taken in execution or otherwise garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever against the contributor or his estate unless the

University in its discretion shall have assigned such assurance, moneys or other benefits to the contributor for his absolute use and benefit or, in the case of his death, to his legal personal representative;

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(b)

subject to any discretionary trusts or powers as to the application thereof vested by any Act or rules relating thereto in the University or other person administering the provident scheme, all moneys and benefits arising from any such provident scheme shall be deemed to be impressed with a trust in favour of the objects entitled thereto under the will or intestacy of any deceased contributor;

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(c)

no donation or contribution to a fund established under a provident scheme or interest thereon shall be assignable or liable to be attached, sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the University;

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(d)

no such donation or contribution or interest shall be subject to the debts of the contributor, nor shall such donation, contribution or interest be subject to the debts of the contributor, nor shall such donation, contribution or interest pass to the Director General of Insolvency on the bankruptcy of such contributor, but, if such contributor is adjudicated a bankrupt or is declared insolvent by judgement of the court, such donation or contribution or interest shall, subject to the provisions of this Act and of the Constitution and of any Act or rules relating thereto, be deemed to be impressed with a trust in favour of the persons entitled thereto on the death of the contributor;

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(e)

the bankruptcy of a contributor shall not effect the making of deductions from the salary of the contributor in accordance with any Act or rules relating thereto, but such deductions shall continue to be made notwithstanding the provisions of any written law, and the portion of salary so deducted shall be deemed not to form part of his after-acquired property;

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(f)

subject to the provisions of any Act or rules relating thereto, all moneys payable or paid out of any fund established under a provident scheme on the death of a contributor shall be deemed to be impressed with a trust in favour of the persons entitled thereto under the will or intestacy of such deceased contributor, or under a nomination in such form as may be prescribed under the scheme, but shall not be deemed to form part of his estate or be subject to the payment of his debts.

Transitional provisions

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Section 18

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The Yang di-Pertuan Agong may in respect of the Constitution provide such transitional provisions as he may deem necessary or expedient for the purpose of achieving the objects of the University.

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Part IV

PART IV

UNIVERSITY COLLEGES

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Prohibition on establishing University Colleges

Section 19

No higher educational institution with the status of a University

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College shall be established except in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996.

Section 20

Incorporation and establishment of a University College

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(a)

declare that there shall be established a higher educational institution having the status of a University College, which shall be a body corporate for the purpose of providing, in accordance with the provisions of this Act and the Constitution of the University College, higher education in specified branches of learning;

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(c)

specify the location of the site which shall be the seat of that University College.

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(2)

The Yang di-Pertuan Agong may amend, vary or revoke an order made under subsection (1) by a subsequent order published in the Gazette.

Constitution of a University College

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Section 21

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(2)

The Yang di-Pertuan Agong may at any time amend the

Constitution of a University College.

28 Laws of Malaysia ACT 30

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(3)

The provisions of the Constitution of a University College shall take effect from such date as may be appointed by the Yang di-Pertuan Agong and shall have the force of law within Malaysia.

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(4)

Anything done or appointment made for and on behalf of the

University College prior to the date of the coming into force of the

Constitution shall, on and after that date, be deemed to be made for, by or on behalf of the University College.

Application of provisions of Part III to this Part

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Section 22

Subsection 6(2), sections 7, 9, 10, 11, 13, 14, 15, 15A, 15B, 15D,

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16, 16B, 16C and 17 applicable to a University established under this

Act shall mutatis mutandis apply to a University College established or deemed to be established under this Act subject to the following modifications, that is to say—

(a)

reference to “University” shall be read as reference to

“University College”;

(aa) reference to “Board” shall be read as reference to the executive body of the University College;

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(b)

reference to

“Chancellor”,

“Vice-Chancellor”

and

“Deputy Vice-Chancellor” shall be read as reference to the appropriate authorities of the University College;

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(c)

reference to “Pro-Chancellor” shall be deleted; and

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(d)

such other modifications as may be necessary or expedient for giving effect to this section.

Universities and University Colleges 29

PART IVA

REGISTER AND DATABASE

Duty to maintain register

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Section 22A

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(a)

higher educational institutions established under section 6;

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(b)

programmes conducted or provided by higher educational institutions;

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(c)

persons who have been conferred with degrees at doctoral level, including an honorary doctorate;

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(d)

persons who have been appointed as professors and include persons who have been conferred with the title of

Royal Professor Emeritus; and

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(e)

any other matter relating to higher education which he deems necessary.

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(2)

The Director General may make the National Higher

Education Register available for public inspection subject to such conditions as he thinks fit.

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(3)

A person may on payment of fees as prescribed by the

Minister—

(a)

inspect the National Higher Education Register; and

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(b)

make a copy of, or take extracts from, the Register.

30 Laws of Malaysia ACT 30

Duty to maintain database

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Section 22B

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(a)

programmes conducted or provided by higher educational institutions;

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(b)

persons who have been conferred with degrees at doctoral level, including an honorary doctorate;

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(c)

persons who have been appointed as professors and include persons who have been conferred with the title of

Royal Professor Emeritus; and

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(d)

any other matter relating to higher education which he deems necessary.

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(2)

The database mentioned in subsection (1) shall be made accessible to the Minister as he may require.

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Part V

PART V

GENERAL

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Offence of establishing a University or University College

Section 23

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(2)

Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of ten thousand ringgit or to imprisonment for a term of five years or to both.

Universities and University Colleges 31

Certain prohibitions in respect of “University” or “University

College”

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Section 24

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(2)

No higher educational institution or person shall issue to or confer on any person any degree or diploma purporting to be degree or diploma issued or conferred by a University or University College unless the issue or conferment is in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996.

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(3)

Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall on conviction be liable to a fine of five thousand ringgit or to imprisonment for a term of three years or to both.

Service

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Section 24A

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(2)

Where the person to whom there has been addressed a registered letter containing any notice which may be given under this

Act is informed of the fact that there is a registered letter awaiting him, at a post office, and if such person refuses or neglects to take delivery of such registered letter, such notice shall be deemed to have been served upon him on the date on which he was so informed.

Public Authorities Protection Act 1948

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Section 24B

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

University, the Board, the Senate, any member of the Board or

Senate, the Vice-Chancellor, the Deputy Vice-Chancellors, the

32 Laws of Malaysia ACT 30

officer or the employee of the University in respect of any act, neglect or default done or committed by it or him in such capacity.

Section 24C

Act or omission done in good faith

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No action or suit shall be instituted or maintained in any court against—

(g)

an officer or an employee of the University; and

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(h)

a person authorized to act for or on behalf of any of the bodies or persons under paragraphs (a) to (g), for any act or omission done in good faith in the discharge of its or his powers and duties under this Act in a reasonable belief that it was necessary for the purpose intended to be served thereby.

Public servants

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Section 24D

All members of the Board and Senate, the Vice-Chancellor,

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Deputy Vice-Chancellors, officers and employees of the University while discharging their functions as such members, Vice-Chancellor,

Deputy Vice-Chancellors, officers and employees, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].

Universities and University Colleges 33

Section 24E

Power of Minister to make regulations

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The Minister may make regulations for all or any of the following purpose:

(a)

to prescribe the form in which a register shall be kept or maintained under this Act, entries to be made therein, provision for the inspection of and taking extracts from the register and the supply of copies thereof and the fees to be paid for such inspection, extracts and copies respectively;

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(b)

to prescribe any other matter which the Minister deems expedient or necessary for the purposes of this Act.

Existing Universities

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Section 25

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(2)

The University of Malaya Act 1961, shall, subject to the provisions of this Act, continue in force for the purpose of that University.

Exemption

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Section 26

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The Yang di-Pertuan Agong may, on the advice of the Minister, by order published in the Gazette—

(a)

exempt any University or University College from any provisions of this Act or the First and Second Schedules; or

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(b)

vary any provisions of the First and Second Schedules in their application to any University or University College.

Repeal

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Section 27

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The Emergency (Essential Powers) Ordinance No. 74, 1971 is hereby repealed.

34 Laws of Malaysia ACT 30

FIRST SCHEDULE

[Section 8]

CONSTITUTION

Citation

Section 1

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This Constitution may be cited as the Constitution of the University of

…………………………………………

Section 2

Interpretation

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(2)

References in this Constitution to a section are reference to a section of this

Constitution.

THE UNIVERSITY

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Establishing of University as body corporate

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Section 3

Universities and University Colleges 35

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Constitution, a University with the name and style of ….……, by which name and style the Chancellor, the Pro-Chancellors, the Vice-Chancellor, the Board and the

Senate are hereby constituted a body corporate with perpetual succession, and with full power and authority under such name—

(b)

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

Suggest a correction

(c)

for the purposes of this Constitution, and subject to the Statutes, Rules and Regulations to purchase any property, movable or immovable, and to take, accept and hold any such property which may become vested in it by virtue of any such purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise;

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(d)

to sell, mortgage, lease, exchange or otherwise dispose of any such property; and

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(e)

to exercise and perform, in accordance with the provisions of this

Constitution and of the Statutes, Rules and Regulations, all powers and duties conferred or imposed upon the University by such provisions.

Powers of University

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Section 4

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(a)

to provide courses of instruction, to hold examinations, to make provision for research, and to take such other steps as may appear necessary or desirable for the advancement and dissemination of knowledge;

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(b)

to confer degrees, diplomas, certificates and other academic distinctions including external degrees, diplomas, certificates and other academic distinctions and upon persons who have followed courses of study approved by the University and have satisfied such other requirements as may be prescribed by Rules;

36 Laws of Malaysia ACT 30

Suggest a correction

(c)

to recognize the degrees and diplomas of other institutions of higher learning, for the purpose of admission to the courses and examinations of the University and of the award of higher degrees on holders of such degrees or diplomas or on graduates of the University on such conditions as may be prescribed by Rules;

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(d)

to confer degrees upon teachers of the University who have satisfied such requirements as may be prescribed by Rules;

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(e)

to confer honorary degrees on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service;

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(f)

to grant certificates to persons who have attained proficiency in any branch of knowledge;

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(g)

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

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(h)

to establish a University printing press and to publish books and other matter;

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(i)

to erect, equip and maintain libraries, laboratories, museums, lecture halls, halls of residence and all other buildings required for the purposes of the University, whether in the Federation or elsewhere;

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(j)

to institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and other forms of assistance towards the advancement and dissemination of knowledge;

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(k)

to invest in land or securities (whether authorized as trustee investments or not) such funds as may be vested in it for the purpose of endowment, whether for general or special purposes, or such other funds as may not be immediately required for current expenditure, with power from time to time to vary any such investment and to deposit any moneys for the time being uninvested with any bank established in Malaysia either upon fixed deposit or upon current account;

(ka) to grant loans or advances to its officers and employees;

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

(kc) to conduct commercial research for the effective promotion and utilization of its research findings;

Suggest a correction

(l)

to enter into contracts, to appoint such employee and to establish such trusts, as may be required for the purposes of the University;

Universities and University Colleges 37

Suggest a correction

(m)

to appoint and promote employees of the University and to consider appeals from any person aggrieved by the exercise of such power to appoint and promote;

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(n)

to regulate the conditions of service of employees of the University, including schemes of service, salary scales, secondment, transfer, leave and discipline;

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(o)

to establish pension or superannuation or provident fund schemes for the benefit of its employees, and to enter into arrangements with other organizations or persons for the establishment of such schemes;

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(p)

to regulate and provide for the residence of officers, teachers, employee and students of the University and the welfare and discipline of teachers, employee and students;

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(q)

to demand and receive such fees as may from time to time be prescribed by Rules; and

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(r)

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

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(2)

If the Yang di-Pertuan Agong is satisfied, with a view to maintenance and promotion of the Federation’s foreign relations, that it is necessary to confer an honorary degree upon a foreign dignitary, on the direction by the Yang di-Pertuan

Agong the University shall confer such degree as stated in the direction.

Suggest a correction

(3)

For the avoidance of doubt, the powers under subsection (1) may be exercised by the Board, except the powers under paragraphs (1)(a), (b), (c), (d), (f),

(j)

and (kc) which shall be exercised by the Senate.

Additional powers of the University

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Suggest a correction

Section 4A

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(a)

where it appears to be requisite, advantageous or convenient for or in connection with the discharge of the functions, exercise of the powers and carrying on of the activities of the University, enter into equity participation, partnership, joint venture, undertaking or any other form of co-operation or arrangement in association with, or otherwise—

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(i)

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

(iii)

a public body or authority;

38 Laws of Malaysia ACT 30

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Suggest a correction

(b)

establish or promote the establishment of companies under the

Companies Act 1965 [Act 125] to carry on and engage in any activity which has been planned or undertaken by the University;

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(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 Board would be beneficial and advantageous to the University;

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(d)

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

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(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 Board may deem expedient;

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(f)

acquire and hold for investment shares, stocks, debentures, debenture stocks, bonds, obligations and securities issued or guaranteed by—

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(i)

any company or private undertaking or any syndicate of persons constituted for carrying on business in Malaysia or elsewhere;

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(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;

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(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

Suggest a correction

(i)

purchase, take on lease or hire or otherwise acquire and invest in any real and personal estate which may be deemed necessary or convenient for any of the purposes of the University.

Universities and University Colleges 39

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(2)

Section 4B shall apply to a corporation established under paragraph (1)(c).

Provisions relating to corporations

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Section 4B

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(a)

the purposes and objects for which such corporation is established;

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(b)

the rights, powers, duties and functions of such corporation;

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(c)

the system of management of such corporation; and

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(d)

the relations between such corporation and the University and the rights of control of the Board over such corporation.

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(2)

Any regulations made under subsection (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 Constitution.

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(3)

The Board may at any time amend, revoke, or add to, any regulation made in respect of any corporation under subsection (1).

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(4)

The Board may, with the approval of the Minister after consultation with the

Minister of Finance, direct that any corporation established by it be wound up and dissolved.

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(5)

Upon the dissolution of any corporation under subsection (4), assets of the corporation after payment of all liabilities shall be transferred to and vested in the

University.

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(6)

The winding up of a corporation under subsection (4) shall be conducted in such manner as the Board may prescribe by regulations.

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(7)

Regulations made under this section shall be published in the Gazette.

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(8)

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

(a)

shall be a body corporate by such name as the Board shall give to such corporation;

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(d)

may sue and be sued in its corporate name;

40 Laws of Malaysia ACT 30

Suggest a correction

(f)

may hold, and deal in or with, any movable or immovable property; and

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(g)

may do all other matters and things incidental or appertaining to a body corporate not inconsistent with this Constitution, subject to such restrictions or limitations as may be specified by the Board in each case.

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Suggest a correction

(9)

Every such corporation shall have a common seal, which shall bear such device as the corporation, with the approval of the Board, may determine.

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(10)

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

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(11)

Until a seal is provided by the corporation under subsection (9) a stamp bearing the name of the corporation encircling the letters “UNIVERSITY . . .” may be used as its common seal.

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(12)

The common seal, or the stamp referred to in subsection (11) shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person.

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(13)

All deeds, documents and other instruments purporting to be sealed with the seal, authenticated as provided in subsection (12) shall, until the contrary is proved, be deemed to have been validly executed.

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(14)

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

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(15)

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

Conduct of study, etc., in association, etc., with any University

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Section 4C

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The University may, with the approval of the Minister, conduct any course of study or training programme jointly or in association, affiliation, collaboration or otherwise, with any University or institution of higher education or other educational institution or organization within or outside Malaysia.

Section 5

Distinctions of race and creed prohibited

Suggest a correction

Subject to Article 153 of the Federal Constitution, membership of the University, whether as an officer, teacher or student, shall be open to all persons irrespective of sex,

Universities and University Colleges 41

race, religion, nationality or class; and no test of religious belief or profession shall be adopted or imposed in order to entitle any persons to be admitted to such membership or to be awarded any degree or diploma of the University, nor shall any fellowship, scholarships, exhibition, bursary, medal, prize or other distinction or award be limited to persons of any particular race, religion, nationality or class if the cost of the same is met from the general funds of the University.

Section 6

The seal of the University

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(2)

The common seal of the University shall be kept in the custody of the

Vice-Chancellor.

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(3)

The common seal of the University shall not be affixed to any instrument except in the presence of—

(b)

one other member of 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 University.

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Suggest a correction

(3A)

Where the instrument referred to in subsection (3) is the scroll of a degree, diploma, certificate or other academic distinction, the common seal of the

University shall be affixed to it in the presence of the Vice-Chancellor and a senior officer authorized by the Vice-Chancellor.

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(4)

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

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(5)

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 University provided that such document or instrument shall be executed on behalf of the University by an officer or any person generally or specially authorized by the Board.

42 Laws of Malaysia ACT 30

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Section 7

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(2)

The Chancellor shall be appointed by the Yang di-Pertuan Agong, on the advice of the Minister, for such period, not exceeding seven years, as may be specified by the Yang di-Pertuan Agong.

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(3)

The Chancellor may be writing under his hand addressed to the Yang di-Pertuan

Agong resign his office, or he may be removed by the Yang di-Pertuan Agong.

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(4)

A person shall be eligible for reappointment to the office of Chancellor.

The Pro-Chancellors

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Section 8

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(2)

If for any reason the Chancellor is unable to exercise any of his functions under this Constitution or any Statute, Rules or Regulation, he may authorize any of the Pro-Chancellors to exercise such functions on his behalf.

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(3)

Every Pro-Chancellor shall hold office during the pleasure of the

Chancellor.

The Vice-Chancellor and Deputy Vice-Chancellor

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Section 9

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(1A)

The Vice-Chancellor shall act under the general authority and direction of the Board and the Senate.

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(3)

The Vice-Chancellor shall be the chief executive officer and shall be responsible for the overall administrative, academic and management functions and the day-to-day affairs of the University.

Universities and University Colleges 43

Suggest a correction

(5)

The Vice-Chancellor shall, subject to the provisions of this Constitution, exercise general supervision over the arrangements for instruction, research, finance, administration, welfare and discipline in the University, and may exercise such other powers as may be conferred upon him by this Constitution and any

Statute, Rules or Regulation.

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(7)

The terms of office and other conditions of service of the Vice-Chancellor shall be determined by the Minister, after consultation with the Board, and shall be binding on the University.

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(8)

There shall be at least one Deputy Vice-Chancellor; the Deputy Vice-Chancellor or Deputy Vice-Chancellors, as the case may be, shall be appointed by the Minister after consultation with the Vice-Chancellor, and any fit and proper person may be so appointed either from within or without the University; 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, and shall be binding on the University.

Suggest a correction

(9)

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, such 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.

Head of a Branch Campus

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Section 9A

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(2)

The head of a Branch Campus may be known by such other name as may be specified by the Minister.

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(3)

The terms of office and other conditions of the service of the head of a

Branch Campus shall be determined by the Minister, after consultation with the

Vice-Chancellor.

Suggest a correction

(4)

The head of a Branch Campus shall be the principal executive, administrative and academic officer of the Branch Campus and shall perform his functions and discharge his duties under the direction and control of the

Vice-Chancellor.

44 Laws of Malaysia ACT 30

Registrar, Bursar, Chief Librarian and Legal Adviser

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Section 10

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(1A)

The post of the Registrar, Bursar, Chief Librarian and Legal Adviser may be known by such other names as may be determined by the Board.

Suggest a correction

(2)

The Registrar, the Bursar, the Chief Librarian and the Legal Adviser shall be appointed by the Board on the advice of the Selection Committees.

Suggest a correction

(3)

Subject to the provisions of this Constitution, the conditions of appointment of the Registrar, the Bursar, the Chief Librarian and the Legal Adviser shall be determined by the Board.

Suggest a correction

(4)

A person appointed as the Registrar, the Bursar and the Legal Adviser shall, unless he resigns or vacates his office or his appointment is revoked, hold office for a period of not more than three years and upon expiry of such period, the Registrar, the Bursar and the Legal Adviser shall be eligible for reappointment.

Suggest a correction

(5)

A person appointed as the Chief Librarian shall hold office for a period as determined by the Board.

Suggest a correction

(6)

The appointment of the Registrar, the Bursar, the Chief Librarian and the

Legal Adviser may, at any time, be revoked by the Board stating the reason for such revocation.

Other officers

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Section 11

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The University may appoint such other officers or servants as may be prescribed by Statute.

Section 12

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(2)

Subject to the provisions of this Constitution, the composition, powers and procedure of the Authorities shall be prescribed by Statute.

Suggest a correction

(3)

The provisions of the Second Schedule shall apply to members of an Authority.

The Board of Directors

Suggest a correction

Section 13

Universities and University Colleges 45

Suggest a correction

(d)

one person to represent the community at the place where the

University is located;

Suggest a correction

(e)

one professor of the University elected by the Senate from amongst the members mentioned in paragraph 17(d); and

Suggest a correction

(f)

five persons comprising three persons from the private sector, one person from the alumni of the University and one other person from within or without the University who, in the opinion of the Minister, have the knowledge and experience which would be of assistance to the Board.

Suggest a correction

(2)

The Deputy Vice-Chancellors, Registrar, Bursar and Legal Adviser shall be ex-officio members of the Board but shall not be entitled to vote at the meetings of the Board.

Suggest a correction

(3)

Subject to the approval of the Minister, each member appointed under paragraph (1)(c) may appoint an alternate member to attend meetings of the Board if that member is for any reason unable to attend.

Suggest a correction

(4)

When attending meetings of the Board, an alternate member shall for all purposes be deemed to be a member of the Board.

Provisions relating to the Board

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Section 14

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(1A)

The term of the member appointed under paragraph 13(1)(e) shall be for the duration of his membership in the Senate.

46 Laws of Malaysia ACT 30

Suggest a correction

(2)

The Registrar shall be the Secretary of the Board.

Suggest a correction

(3)

The Chairman and four other members excluding ex-officio members of the

Board shall constitute a quorum for any meeting of the Board.

Suggest a correction

(4)

Members of the Board shall be paid such remuneration or allowance as the

Minister may determine.

Suggest a correction

(5)

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

Temporary exercise of functions of Chairman

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Section 15

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(2)

A member appointed as the Chairman under subsection (1) shall, during the period in which he is exercising the functions of the Chairman, under this section, be deemed to be the Chairman.

Functions and powers of the Board

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Section 16

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(2)

No resolution shall be passed by the Board relating to any matter within the powers of the Senate, but the Board may transmit to the Senate the Board’s opinion on any matter within the powers of the Senate, for the Senate’s consideration.

Suggest a correction

(3)

In addition to the functions and powers under subsection (1), the Board shall—

(a)

provide strategic planning-oversight of the educational character and mission of the University;

Suggest a correction

(b)

promote efficient and effective management and provide overall review of University operations;

Suggest a correction

(c)

develop links with the community, corporate sector and industry;

Suggest a correction

(d)

foster global linkages and internationalization in relation to higher education and research;

Universities and University Colleges 47

Suggest a correction

(e)

ensure the implementation of the University’s Constitution, laws and policies and to ensure that every Authority, Committee, Officer or committee keeps within its or his powers and terms of reference.

Committees of the Board

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Suggest a correction

Section 16A

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(2)

The Board shall elect any of its members to be the chairman of a committee.

Suggest a correction

(3)

The Board may appoint any person to be a member of a committee.

Suggest a correction

(4)

A member of a committee shall hold office for such term as may be specified in his instrument of appointment and is eligible for reappointment.

Suggest a correction

(5)

The appointment of any member of a committee may at any time be revoked by the Board, stating the reason for such revocation.

Suggest a correction

(6)

A member of a committee may, at any time, resign his office by a notice in writing addressed to the Chairman of the Board.

Suggest a correction

(7)

The Board may, at any time, discontinue or alter the constitution of a committee.

Suggest a correction

(8)

A committee shall be subject to, and act in accordance with, any direction given to it by the Board.

Suggest a correction

(9)

The meetings of a committee shall be held at such times and places as the chairman of the committee may determine.

Suggest a correction

(10)

A committee shall cause—

(a)

minutes of all its meetings to be maintained and kept in a proper form; and

Suggest a correction

(b)

copies of the minutes of all its meetings to be submitted to the Board as soon as practicable.

Suggest a correction
Suggest a correction

(11)

A committee may invite any person to attend any of its meetings for the purpose of advising it on any matter under discussion but that person shall not be entitled to vote at the meeting.

Suggest a correction

(12)

The members of a committee or any person invited under subsection (11)

shall be paid such allowances and other expenses as the Board may determine.

Suggest a correction

(13)

A committee established under this section may regulate its own procedure.

48 Laws of Malaysia ACT 30

The Senate

Suggest a correction

Section 17

Suggest a correction

(c)

all Deans of the Faculties and all heads of the Campuses, Schools,

Centres, Academies and Institutes of the University;

Suggest a correction

(d)

not more than twenty professors to be elected for a term of three years by all full-time professors and associate professors of the University; and

Suggest a correction

(e)

not more than five persons from the University to be co-opted by the

Vice-Chancellor for a term of three years.

Suggest a correction

(1A)

The Senate may from time to time invite any person, including any student, to attend the meetings of the Senate.

Suggest a correction

(1B)

In the absence of the Vice-Chancellor, a Deputy Vice-Chancellor shall preside at any meeting of the Senate.

Suggest a correction

(1C)

The Registrar, Bursar, Chief Librarian and Legal Adviser shall be ex-officio members but shall not be entitled to vote at the meetings of the Senate.

Suggest a correction

(2)

The Senate shall be the academic body of the University and, subject to the provisions of this Constitution, the Statutes, Rules and Regulations, shall have the control and general direction of instruction, research and examination, and the award of degrees, diplomas, certificates and other academic distinctions.

Suggest a correction

(2A)

In addition to the functions and powers under subsection 4(3) and subsection (2), the Senate shall perform the following functions and exercise the following powers:

(a)

to set up Faculties, Schools, Centres, Academies and Institutes, and departments, units or bodies under such Faculties, Schools, Centres,

Academies and Institutes;

Suggest a correction

(b)

with the consent of the Board, to confer honorary degrees on persons who have contributed to the advancement or dissemination of knowledge, or who have rendered distinguished public service;

Suggest a correction

(c)

to formulate policies and methods of instruction, education, examination, research, scholarship and training conducted in, by or from the University;

Universities and University Colleges 49

Suggest a correction

(d)

to ensure educational standards in the courses of study provided in, by or from the University;

Suggest a correction

(e)

to determine the feasibility or otherwise of any proposal in respect of any curriculum or course of study conducted or to be conducted in, by or from the University;

Suggest a correction

(f)

to determine the qualifications required for admission into any course of study provided in, by or from the University;

Suggest a correction

(g)

to regulate the conduct of assessments and examinations, confirm examination’s results and determine appeals;

Suggest a correction

(h)

to draft policies for the protection of academic freedom and professional excellence; and

Suggest a correction

(i)

to do all things expedient or necessary for or incidental to the performance of its functions under this Constitution.

Suggest a correction
Suggest a correction

(3)

In the performance of its duties, functions and responsibilities, the Senate may delegate any of its duties, functions and responsibilities to its members of a committee consisting of its members.

Suggest a correction

(4)

The Senate shall consider any matter transmitted to it by the Board under subsection 16(3).

Suggest a correction

(5)

Any dispute between the Senate and the Board on the scope and extent of their functions or powers may be referred by either party to the Minister in accordance with section 24A.

Management Committee of the University

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Section 17A

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(a)

the Vice-Chancellor, who shall be the chairman;

Suggest a correction

(f)

such other officers of the University appointed by the Vice-Chancellor.

50 Laws of Malaysia ACT 30

Suggest a correction

(2)

The Management Committee of the University shall advise the Vice-Chancellor relating to his administrative and management functions.

The Faculty, School, Centre, Academy, Institute

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Section 18

Suggest a correction

(1A)

The University may, upon consultation with the Studies Committee, set up departments or other units or bodies in respect of a Faculty, a School, a Centre, a

Academy and an Institute.

Suggest a correction

(2)

A Faculty, School, Centre, an Academy and an Institute shall be responsible to the Senate for the organization of instruction in the subject of study within the purview of the Faculty, School, Centre, Academy or Institute, as the case may be, and may exercise such other functions as may be conferred on it by Statute, Rule or Regulation.

Suggest a correction

(3)

The Vice-Chancellor shall, after consultation with the academic staff of each Faculty, appoint a Dean in respect of each Faculty and at least one Deputy

Dean. The Board shall be informed of the appointments as soon as may be. The

Dean shall be chairman of the Faculty and shall exercise such other functions as may be vested in him by Statute, Rules or Regulation; and if owing to his absence on leave or for any other reason the Dean is unable to perform the duties of his office, it shall be lawful for the Deputy Dean or any other senior officer appointed by the Vice-Chancellor to perform such duties of the Dean for such time as such disability may continue.

Suggest a correction

(4)

The Vice-Chancellor shall, after consultation with the academic staff of each School, Centre, Academy and Institute, have power to appoint a person to be head of a School, a Centre, an Academy and an Institute, and such head shall be styled by such title as may be prescribed by Statute, Rules or Regulation; and if owing to absence on leave or for any other reason the head of a School, a Centre, an Academy or an Institute and is unable to perform his duties, the Vice-Chancellor may, except as otherwise provided by Statute, appoint any person to perform such duties for such time as such disability shall continue.

Suggest a correction

(5)

A Dean, a Deputy Dean or the head of a School, a Centre, an Academy or an Institute appointed under subsection (3) or (4), as the case may be, shall be appointed for a period not exceeding four years, but shall be eligible for reappointment.

Suggest a correction

(6)

Notwithstanding subsection (5), the Vice-Chancellor may, if he deems fit, revoke any appointment made under subsection (3) or (4) at any time during the term of such appointment.

Universities and University Colleges 51

The Studies Committee

Suggest a correction

Section 19

Suggest a correction

A Studies Committee may be appointed by the Senate for either of the following purposes:

(a)

to deal with matters pertaining to any Faculty, School, Centre,

Academy and Institute; and

Suggest a correction

(b)

to consider proposals referred to it by the Senate for the establishment of a new Faculty, School, Centre, Academy and Institute, and in either case to report thereon to such Faculty, School, Centre, Academy or

Institute, or to the Senate, as the case may require.

The Selection Committee

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Section 20

Suggest a correction

(a)

the Vice-Chancellor, who shall be the chairman;

Suggest a correction

(b)

two members of the Board appointed by the Board;

Suggest a correction

(c)

the Dean of the Faculty or Head of the School, Centre, Academy or

Institute to which the Chair will be allocated; and

Suggest a correction

(d)

two members of the Senate appointed by the Senate.

Suggest a correction

(2)

Save as provided in subsection (3) the Selection Committee shall be convened and presided by the Vice-Chancellor.

Suggest a correction

(3)

Whenever it is decided to fill an appointment other than that to a Chair and appointment or promotion to the post of senior professors, professors and officers under section 10, the Board may, on the recommendation of the Vice-Chancellor, appoint different Selection Committees in respect of different appointments and the

Selection Committee convened for that purpose shall be presided by the Deputy

Vice-Chancellor in charge of academic affairs, or, in his absence, by a member elected by the members present at the meeting.

Suggest a correction

(4)

Where the Deputy Vice-Chancellor is not a member of the Selection

Committee, he shall for the purpose of the meeting in which he presides under subsection (3) and the decision made thereat, be deemed to be a member of the

Selection Committee.

Suggest a correction

(5)

The association of external experts with the making of appointments may be prescribed by Statute.

52 Laws of Malaysia ACT 30

Suggest a correction

Section 21

The Student Welfare Committee

Suggest a correction

(a)

the Vice-Chancellor, who shall be the chairman;

Suggest a correction

(b)

two members elected by the Students’ Representative Council; and

Suggest a correction

(c)

such other members as may be appointed by the Board.

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(2)

The Student Welfare Committee shall have such powers as may be prescribed by Statute.

Students’ Complaints Committee

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Section 21A

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(b)

two members elected by the Students’ Representative Council;

Suggest a correction

(c)

two members elected by the Guild of Graduates or the Alumni of the

University; and

Suggest a correction

(d)

two other officers of the University appointed by the Board after due regards to the importance of securing a Students’ Complaints

Committee which enjoys student confidence.

Suggest a correction

(2)

The Students’ Complaints Committee shall have such power in conducting investigations or inquiries as to any complaint made by a student in the manner as may be prescribed by Statute.

Guild of Graduates or the Alumni of the University

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Section 22

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(2)

The Guild of Graduates or the Alumni of the University shall be governed and administered in accordance with its constitution and rules made by it and no such constitution and rules so made or any amendments thereto shall come into force unless and until approval thereof shall have first been obtained from the Board.

Universities and University Colleges 53

Suggest a correction

(3)

Nothing in this section shall be construed as constituting the Guild of

Graduates or the Alumni of the University to be an Authority of the University or as conferring any power thereon to elect as its representatives to the Board persons who are for the time being employed by the University as members of its academic and non-academic staff.

Term of office of members of Authorities

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Section 23

Suggest a correction

(a)

where the person is elected or appointed because he holds an office or is a member of some other Authority or body, he shall cease to be a member of the Authority if before the expiry of his term of office he ceases to hold such office or to be a member of such Authority or body; and

Suggest a correction

(b)

a person who retires at the end of his term of office shall be eligible for reelection or reappointment if he is otherwise qualified.

Suggest a correction

(2)

Where a person is a member of an Authority ex-officio, a person appointed to act for him shall be a member of the Authority ex-officio so long as he is so acting and is otherwise qualified.

Suggest a correction

(3)

The decisions of an Authority shall be valid notwithstanding any vacancy among its members.

Meetings

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Section 23A

Provided that—

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(2)

The chairman shall preside at a meeting of the Authority and in his absence the members of the Authority shall elect one of their number to preside over the meeting.

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(3)

The quorum of a meeting of the Authority, other than the Board, shall be determined by Statute.

Majority

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Section 24

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(2)

The chairman and every member shall have and may exercise one vote each, but in the event of an equality of votes, the chairman or the member presiding over that meeting shall have and may exercise a casting vote.

Disputes

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Section 24A

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(2)

The Dispute Resolution Panel shall be constituted from amongst distinguished persons from within or outside the University who are not officers, employees or members of the Authority concerned.

Suggest a correction

(3)

The Dispute Resolution Panel shall consist of a chairman and two other members.

Suggest a correction

(4)

The Dispute Resolution Panel shall determine its own procedure.

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(5)

The decision of the Dispute Resolution Panel shall be final and conclusive and shall be binding on the parties to the dispute.

Suggest a correction

Section 25

Suggest a correction

Subject to the provisions of this Constitution, Statutes may be made to deal with any or all of the following matters:

(a)

the powers and duties of the officers of the University;

Suggest a correction

(b)

the composition, powers, duties and procedure of the Authorities of the

University;

Suggest a correction

(c)

the methods of appointment and the conditions of service of the officers and teachers of the University, except in relation to their discipline;

Suggest a correction

(d)

the determination of the degrees, diplomas, certificates and other academic distinctions to be conferred by the University;

Suggest a correction

(e)

the conditions of admission and of residence and welfare of students;

Suggest a correction

(f)

the management of the library;

(fa) the management of a Branch Campus situated outside Malaysia;

Universities and University Colleges 55

Suggest a correction

(g)

all other matters which under this Constitution may be regulated by

Statute; and

Suggest a correction

(h)

matters incidental to or consequential upon any of the matters aforesaid.

Procedure on making, amending, or revoking Statutes

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Section 26

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(2)

The proposal for the making of any new Statute or the revocation or amendment of any Statute, shall be prepared by the Board.

Suggest a correction

(3)

A proposal for a new Statute, or of any amendment to a Statute, dealing with any of the following matters, that is to say:

(a)

the powers and duties of the Dean of a Faculty or the head of a School, a

Centre, an Academy and an Institute;

Suggest a correction

(b)

the composition, powers, duties and procedure of the Senate, a Faculty, a School, a Centre, an Academy, an Institute or a Studies Committee;

Suggest a correction

(c)

the determination of degrees, diplomas, and other academic distinctions to be conferred by the University;

Suggest a correction

(e)

all other matters within the jurisdiction of the Senate under this

Constitution or any Statute, shall not be submitted to the Chancellor without the consent in writing of the Senate.

Suggest a correction
Suggest a correction

Section 27

Suggest a correction

Subject to the provisions of this Constitution and the Statute, Rules may be made for all or any of the following matters:

(a)

the principles governing the award of degrees, diplomas, certificates and other academic distinctions;

Suggest a correction

(c)

the appointment, powers, duties, remuneration and conditions of service of examiners and the conduct of examinations;

56 Laws of Malaysia ACT 30

Suggest a correction

(d)

the admission of students to the examinations, degree and diploma courses of the University and to residence in the University;

Suggest a correction

(e)

the methods of appointment and the conditions of service of persons in the employment of the University, except in relation to their discipline;

Suggest a correction

(f)

the establishment and regulation of pension, superannuation and provident fund schemes for the benefit of the employees of the

University or any section of them;

Suggest a correction

(g)

the conditions of residence and the welfare of students;

Suggest a correction

(h)

the fees to be charged for courses of study, for residence, for admission to examination, for degrees, diplomas, certificates or other academic distinctions and any other fees that may be levied by the University;

Suggest a correction

(i)

the management of the lecture halls, library, information resources, laboratories, research institutes, halls of residence, and all activities of the University branches whether in or outside Malaysia, not specifically provided for in this Constitution or by Statute;

Suggest a correction

(j)

the constitution, powers and duties of any committee or other body not specifically provided for in this Constitution or by Statute;

Suggest a correction

(k)

all matters which by this Constitution or any Statute may be prescribed by Rules; and

Suggest a correction

(l)

all matters within the powers of the University and not otherwise provided for by this Part of this Constitution.

Procedure on making, amending or revoking Rules

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Section 28

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(2)

The draft of any Rules dealing with—

(a)

any matter referred to in paragraphs 27(a), (b), (c), (d) and (i); or

Suggest a correction

(b)

any matter within the jurisdiction of the Senate, shall be proposed by the Senate; and the Board may approve the draft or refer it back to the Senate with observations or proposals for amendment, and no such

Rules shall be made until the Senate has agreed to its terms.

Universities and University Colleges 57

Regulations

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Suggest a correction

Section 29

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(2)

The Board may after consulting the Senate make regulations for the procedure of Selection Committees.

Suggest a correction

(3)

The Senate may make regulations for the procedure of a Faculty, a School, a

Centre, an Academy, an Institute or Studies Committee, or of any other committee or body subject to the jurisdiction of the Senate.

Suggest a correction

(4)

The Senate may make regulations prescribing courses of study or syllabuses of examinations.

Suggest a correction

(5)

Regulations may be made by any Authority if it is so empowered by this

Constitution, Statute or Rules.

Publications of Statutes, Rules and Regulations

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Section 30

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(2)

The Statutes, Rules and Regulations of the University as amended from time to time shall be published in book form at such intervals as the Board may direct, and copies shall be made available for purchase at a reasonable price by members of the public.

Suggest a correction

(3)

Nothing in this section shall apply to—

(a)

any Rules or Regulation containing only instructions to examiners or invigilators; or

Suggest a correction

(b)

any Rules or Regulation which the Board resolves not to publish.

Constitution, inconsistencies between the Statutes, etc.

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Suggest a correction

Section 31

In the event of—

Open as pageSuggest a correction

(a)

any Statute being inconsistent with the provisions of this Constitution; or

Suggest a correction

(b)

any Rules being inconsistent with the provisions of this Constitution or any Statute; or

Suggest a correction

(c)

any Regulation being inconsistent with the provisions of this

Constitution or any Statute or Rules;

58 Laws of Malaysia ACT 30

then the provisions of the Constitution, Statute or Rules, as the case may be, shall prevail, and such Statute, Rules or Regulations, as the case may be, shall to the extent of the inconsistency be void.

Suggest a correction

Section 32

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The Board shall appoint a Standing Finance Committee for regulating and controlling the finances of the University.

Section 33

Preparation of estimates

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It shall be the duty of such officer or officers of the University as may be prescribed by Statute to prepare for the consideration of the Vice-Chancellor the estimates of income and expenditure of the University for each financial year.

Section 34

Financial year

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(2)

The accounts of the Board shall, as soon as may be, be balanced for the preceding financial year and an annual statement or abstract thereof shall be prepared.

Suggest a correction

(3)

The annual statement or abstract referred to in subsection (2) shall be prepared in such form and shall contain such information as the Board may from time to time direct.

Annual estimates

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Section 35

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(2)

Before the date fixed for the meeting of the Board for the purpose of approving such estimates the Standing Finance Committee shall prepare draft estimates for submission to the Board, and the copy of such estimates shall be delivered to each member of the Board not less than seven days before the date fixed for such meeting.

Suggest a correction

(3)

The Board may, subject to subsection (1), in its discretion approve, modify or reject all or any of the items appearing in such draft estimates or refer any item back to the Standing Finance Committee for its consideration or add any item thereto.

Universities and University Colleges 59

Supplementary estimates

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Section 36

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Where additional financial provision is required in any year the Board may from time to time approve supplementary estimates for the purpose of showing the sources from which any additional expenditure incurred by it may be met.

Section 37

No expenditure to be incurred unless included in the estimates

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(a)

to one item of annually recurrent expenditure to another item of annually recurrent expenditure;

Suggest a correction

(b)

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

Suggest a correction

(2)

Subsection (1) shall not apply to—

(a)

moneys deposited with the University by any person, wherever by the conditions of such deposit any such sum has become repayable;

Suggest a correction

(b)

moneys collected and credited to the Funds of the University in error;

Suggest a correction

(c)

moneys payable by the University under any judgment or order of court;

Suggest a correction

(d)

moneys expended by the University in instituting or defending legal proceedings; and

Suggest a correction

(e)

expenditure arising out of any property or moneys referred to in section 39.

Form of estimates

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Suggest a correction

Section 38

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The annual and supplementary estimates shall be prepared in such form and shall contain such information as the Board may direct, and shall show in separate parts the annually recurrent expenditure and the capital expenditure of the

University.

Section 39

Power of the Board to seek fund, accept gifts, etc.

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(2)

Registers shall be kept of all donations to the University including the names of donors to the University and any special conditions on which any donation may have been given.

Property given for specific purposes to be separately accounted for

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Section 40

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

Section 41

Form of contracts

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Any contract involving the expenditure of the University shall be in writing, signed on behalf of the University by any officer or employee of the University duly authorized by the Board, either specially in any particular case or generally for all contracts below a certain value or otherwise as may be specified in the authorization.

Part VI

PART VI

Section 44

Open as pageSuggest a correction

(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 Convocation.

Suggest a correction

(3)

(Deleted by Act A946).

Universities and University Colleges 61

Appointments of teachers and employees

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Section 45

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(2)

All persons employed or to be employed by the University other than those mentioned in subsection (1) shall, subject to any Rule or Statute, be appointed by the Board.

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(3)

Every person employed by the University shall hold office on such terms and conditions as may be prescribed by the Board and the terms and conditions to be so prescribed shall be deemed to include a provision—

(a)

in relation to teaching, examining, invigilating and other similar duties, that his employment is subject to the provisions of this Constitution and to the provisions of all Statutes, Rules and Regulations as from time to time amended; and

Suggest a correction

(b)

in relation to all other terms and conditions of service that his employment is subject to the provisions of this Constitution and to the provisions of all Statute, Rules and Regulations in force on the date of the commencement of his employment.

Suggest a correction
Suggest a correction

(4)

Nothing in this section shall prevent the Board from entering into a special contractual arrangement with a person to be so employed by the University if it is in the opinion of the Board expedient so to do.

Royal Professors

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Section 46

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(2)

Any person appointed under subsection (1) shall be known as a Royal

Professor and—

(a)

shall hold office upon such terms and conditions as the Chancellor with the approval of the Yang di-Pertuan Agong may deem appropriate; and

Suggest a correction

(b)

subject to the terms of his appointment and to any direction by the

Chancellor, shall have all the powers and perform all the duties conferred or imposed upon professors by this Constitution, and any

Statute, Rules and Regulation made thereunder.

62 Laws of Malaysia ACT 30

All appointments to be subject to the Universities and University Colleges Act 1971 and any subsidiary legislation thereunder

Suggest a correction
Suggest a correction

Section 46A

Notwithstanding sections 45 and 46 or any other provision of this

Open as pageSuggest a correction

Constitution, every person employed by the University, including professors appointed under section 46, shall hold office subject to the provisions of the

Universities and University Colleges Act 1971 [Act 30] and any subsidiary legislation made thereunder and the terms and conditions of their employment or appointment shall be deemed to include a provision to this effect.

Section 47

Admission of students

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A student shall not be admitted to the University to a course of study for a degree unless he shall have satisfied such requirements as may be prescribed by Rules:

Provided that, except with the agreement of the Minister, students who have been awarded Federal or State scholarships, loans or other similar financial assistance from public funds for University degree courses, shall not be refused admission if they satisfy such requirements.

Section 48

The Students’ Representative Council

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(1A)

The Board may make Regulations for the conduct of elections to the

Students’ Representative Council and for all matters related to it.

Suggest a correction

(2)

The Union shall elect a Students’ Representative Council (hereinafter in this

Constitution referred to as “the SRC”) in the following manner:

(a)

the registered students of each Branch Campus, Faculty, School, Centre,

Academy and Institute shall elect by secret ballot conducted by the head of the Campus or the Dean of the Faculty or the Head of the School,

Centre, Academy or Institute, as the case may be, such uniform number of registered students of the respective Branch Campus, Faculty,

School, Centre, Academy and Institute to be representatives in the SRC, as may be determined by the Vice-Chancellor;

Suggest a correction

(b)

the registered students as a whole shall elect by secret ballot conducted by any officer appointed by the Vice-Chancellor for that purpose such number of registered students to be representatives to the SRC as may be determined by the Vice-Chancellor, being, in any case, not more than half of the number of representatives elected under paragraph (a).

Suggest a correction
Suggest a correction

(3)

The SRC shall elect from among its members a President, a Vice-President, a Secretary and a Treasurer, who shall be its only office-bearers, unless otherwise

Universities and University Colleges 63

authorized in writing by the Vice-Chancellor; the office-bearers so authorized by the Vice-Chancellor shall be elected by the SRC from the members of the SRC.

Suggest a correction

(4)

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

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(5)

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

Suggest a correction

(6)

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

Suggest a correction

(7)

No student against whom disciplinary proceedings are pending, or who has been found guilty of a disciplinary offence, shall be elected or remain a member of the SRC or an office-bearer of any student body or committee, unless authorized in writing by the Vice-Chancellor.

Suggest a correction

(8)

A student who has not yet appeared for his first examination in the

University for his course of studies, or who has failed, or did not appear for, the last examination held by the University for his course of studies immediately prior to any proposed election or elections to the SRC or by the SRC or to or by any other student organization or body, shall be disqualified from being elected at such election or elections.

Suggest a correction

(10)

The objects and functions of the SRC shall be:

(a)

to foster a spirit of corporate life among the students of the University;

Suggest a correction

(b)

to organize and supervise, subject to the direction of the Vice-Chancellor, student welfare facilities in the University including recreational facilities, spiritual and religious activities, and the supply of meals and refreshments;

Suggest a correction

(c)

to make representations to the Vice-Chancellor on all matters relating to, or connected with, the living and working conditions of the students of the University;

Suggest a correction

(d)

to be represented on any body which may, in accordance with Rules made by the Board for the purpose, be appointed to undertake student welfare activities in the University; and

Suggest a correction

(e)

to undertake such other activities as may be determined by the Board from time to time.

Suggest a correction
Suggest a correction

(11)

The Union or the SRC shall not maintain any fund or make any collection of any money or property from any source whatsoever, but such reasonable expenses

64 Laws of Malaysia ACT 30

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

Suggest a correction

(12)

The Treasurer shall keep proper accounts of the SRC and not later than three months after the end of every financial year, being a financial year as specified by the Vice-Chancellor, a copy of the said accounts which shall be audited by a person appointed by the Board shall be submitted by the SRC for approval to the Board.

Suggest a correction

(13)

The SRC shall hold meetings from time to time as it may deem necessary and it shall be the duty of the Secretary to keep minutes of every meeting of the

SRC and such minutes shall be confirmed at a subsequent meeting.

Suggest a correction

(14)

(a)

For the purpose of this section—

“registered student” means a student who is following a course of study in the University for a degree or diploma including a post-graduate diploma, but shall not include an external student;

“external student” means a student registered at a Campus outside

Malaysia or who is pursuing a short term, part-time, distance learning, exchange or allied programme, whether in or outside Malaysia.

(b)

A registered student shall cease to be a registered student under this section—

Suggest a correction

(i)

upon the publication of the results of the final examination for such course of study, if he passes such examination; or

(ii)

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 subsection.

Establishment of other student bodies

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Suggest a correction
Suggest a correction

Section 49

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(2)

Subsections 48(3), (4), (5), (6), (7), (8), (11), (12) and (13) shall apply mutatis mutandis to a student body established under this section as they apply to the SRC.

Suggest a correction

Section 51

Acts ultra vires the Constitution of the SRC or a student body

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(2)

Subsection (1) shall be in addition to and not in derogation from section 16

of the Universities and University Colleges Act 1971.

Powers of delegation

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Section 52

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(2)

A delegation under this section may be revoked at any time by the officer or authority making such delegation.

Suggest a correction

(3)

No delegation of any power or duty under this section shall affect the exercise of such power or the performance of such duty by the officer or authority making such delegation.

Suggest a correction

(4)

Nothing in this section shall apply to any power to make or approve

Statutes, Rules or Regulations.

Deprivation of degree, etc., on grounds of misconduct

Suggest a correction

Section 53

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(2)

Scandalous conduct in subsection (1) means wilfully giving any officer, employee or Authority of the University any information or document which is

66 Laws of Malaysia ACT 30

false or misleading in any material particular in obtaining a degree, diploma, certificate or other academic distinction from the University.

Disputes as to elections determined by the Minister

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Section 54

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If any question arises whether any person has been duly elected, appointed, nominated or co-opted to membership, or is entitled to be or to remain a member of any Authority or other body in the University, the question shall be referred to the

Minister, whose decision thereon shall be final.

Section 55

Open as pageSuggest a correction

(Deleted by Act A80).

NOTE

[This Schedule has been modified to apply to the following Universities:

Section 1

Suggest a correction

Universiti Kebangsaan Malaysia vide P.U.(A)445/2010 and 446/2010;

Section 2

Suggest a correction

Universiti Teknologi Malaysia vide P.U.(A)449/2010 and 450/2010;

Section 3

Suggest a correction

Universiti Putra Malaysia vide P.U.(A)447/2010 and 448/2010;

Section 4

Suggest a correction

University of Malaya vide P.U.(A)443/2010 and 444/2010;

Section 5

Suggest a correction

Universiti Sains Malaysia vide P.U.(A)220/2011 and 222/2011;

Section 6

Suggest a correction

Universiti Utara Malaysia vide P.U.(A)348/1986;

Section 7

Suggest a correction

Universiti Malaysia Sabah vide P.U.(A)459/2010 and 460/2010;

Section 8

Suggest a correction

Universiti Malaysia Sarawak vide P.U.(A)457/2010 and 458/2010;

Section 9

Suggest a correction

Universiti Pendidikan Sultan Idris vide P.U.(A)451/2010 and 452/2010;

Section 10

Suggest a correction

Universiti Tun Hussein Onn Malaysia vide P.U.(A)471/2010 and 472/2010;

Section 11

Suggest a correction

Universiti Teknikal Malaysia Melaka vide P.U.(A)469/2010 and 470/2010;

Section 12

Suggest a correction

Universiti Malaysia Perlis vide P.U.(A)467/2010 and 468/2010;

Section 13

Suggest a correction

Universiti Malaysia Terengganu vide P.U.(A)465/2010 and 466/2010;

Section 14

Suggest a correction

Universiti Malaysia Pahang vide P.U.(A)463/2010 and 464/2010;

Section 15

Suggest a correction

Universiti Sains Islam Malaysia vide P.U.(A)453/2010 and 454/2010;

Section 17

Suggest a correction

Universiti Malaysia Kelantan vide P.U.(A)461/2010 and 462/2010.

Section 18

Universiti Pertahanan Nasional Malaysia vide P.U.(A)473/2010 and 474/2010

Suggest a correction

SECOND SCHEDULE

[Subsection 12(3) of the Constitution]

Disqualification

Section 1

Suggest a correction

The following person shall be disqualified from being appointed or being a member of an Authority of the University:

(a)

if there has been proved against him, or he has been convicted on, a charge in respect of—

Suggest a correction

(i)

an offence involving fraud, dishonesty or moral turpitude;

(ii)

an offence under a law relating to corruption;

Suggest a correction

(iv)

any other offence punishable with imprisonment for more than two years;

Suggest a correction
Suggest a correction

(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

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Section 2

Suggest a correction

A member of an Authority shall cease to be a member—

(a)

if he fails to attend three consecutive meetings of the Authority without leave of the chairman of the Authority; or

Suggest a correction

(b)

if his appointment is revoked or he resigns; or

Suggest a correction

(c)

if he is disqualified under paragraph 1.

68 Laws of Malaysia ACT 30

Resignation

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Section 3

Suggest a correction

A member of the Authority may resign by giving one month’s notice in writing to the chairman of the Authority.

Section 4

Filling of vacancies

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

Section 5

Allowance

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

Section 6

Authority may invite others to meetings

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(2)

A person invited under subparagraph (1) shall be paid such allowance as the

Authority may determine.

Minutes

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Section 7

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(2)

Minutes made of meetings of the Authority shall, if duly signed, be admissible in evidence in all legal proceedings without further proof.

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(3)

Every meeting of the Authority in respect of the proceedings 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

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Section 8

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(a)

an interest in a company or undertaking with which the Authority proposes to make a contract; or

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(b)

an interest in a contract or matter under discussion by the Authority, shall disclose to the Authority the fact of his interest and its nature.

Universities and University Colleges 69

Suggest a correction

(2)

A disclosure under subparagraph (1) shall be recorded in the minutes of the

Authority and, unless specifically authorized by the chairman, such member shall take no part in the deliberation or decision of the Authority relating to the contract or matter.

Validity of acts and proceedings

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Section 9

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No act done or proceeding taken under this Constitution shall be questioned on the ground of—

(a)

a vacancy in the membership of, or a defect in the constitution of, the Authority;

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(b)

a contravention by a member of the Authority of paragraph 8; or

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(c)

an omission, a defect or an irregularity not affecting the merit of the case.

70

Act 30

LIST OF AMENDMENTS

Amending law

Short title

In force from

Universities and University Colleges

24-09-1971

(Amendment) Act 1971

Universities and University Colleges

13-05-1975

(Amendment) Act 1975

Universities and University Colleges

20-02-1983

(Amendment) Act 1983

Universities and University Colleges

*01-10-1996

(Amendment) Act 1996

Universities and University Colleges

01-02-2009

(Amendment) Act 2009

Universities and University Colleges

01-08-2012

(Amendment) Act 2012

* NOTE–Para 2, P.U.(B)428/1996 — the Minister suspends the operation of the whole of

Act A946 in respect of all Universities and University Colleges established under the Universities and University Colleges Act 1971.

–See also P.U.(B)102/1998 and P.U.(B)163/1998—the Minister revokes the suspension of operation of the whole of Act A946 in respect of the Universities mentioned in it.

71

Act 30

LIST OF SECTIONS AMENDED

Section

Amending authority

In force from

2

01-10-1996

01-02-2009

01-08-2012

3

01-10-1996

4A

01-02-2009

4B

01-02-2009

4C

01-08-2012

4D

01-08-2012

5

20-02-1983

01-10-1996

01-02-2009

5A

20-02-1983

01-10-1996

01-02-2009

01-08-2012

6

24-09-1971

01-02-2009

7

01-10-1996

8

01-10-1996

10

01-10-1996

11

24-09-1971

72 Laws of Malaysia ACT 30

Section

Amending authority

In force from

12

01-02-2009

15

13-05-1975

01-02-2009

01-08-2012

15A–15C

13-05-1975

01-02-2009

15D

13-05-1975

01-10-1996

01-02-2009

16

13-05-1975

01-10-1996

01-02-2009

16A

13-05-1975

01-10-1996

01-02-2009

16B

13-05-1975

01-10-1996

01-08-2012

16C

13-05-1975

01-02-2009

16D

01-10-1996

01-02-2009

19

01-10-1996

01-02-2009

20

01-02-2009

22

13-05-1975

01-10-1996

01-02-2009

22A

01-08-2012

22B

01-08-2012

23

01-10-1996

01-02-2009

Universities and University Colleges 73

Section

Amending authority

In force from

24

01-10-1996

01-02-2009

24A–24D

01-10-1996

01-02-2009

24E

01-08-2012

26

01-10-1996

01-02-2009

First Schedule

24-09-1971

13-05-1975

20-02-1983

01-10-1996

01-02-2009

01-08-2012

Second Schedule

01-10-1996

01-02-2009

01-08-2012

Suggest a correction

Common questions

What is UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971?
*UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 is Malaysia Act, cited as Act 30 1971, currently marked in force and first recorded in 1971.
Is UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 still in force?
Yes — UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 is currently in force.
When did UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 take effect?
UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 was first recorded in 1971.
How many sections does UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 have?
UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 contains 140 sections.
What amends UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971?
UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 has been amended by AKTA UNIVERSITI DAN KOLEJ UNIVERSITI (PINDAAN) 2012, AKTA UNIVERSITI DAN KOLEJ UNIVERSITI (PINDAAN) 2019, and AKTA UNIVERSITI DAN KOLEJ UNIVERSITI (PINDAAN) 2024.
Where can I read the official version of UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971?
The official text of UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 is published at lom.agc.gov.my.