YAYASAN GURU TUN HUSSEIN ONN ACT 2014

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

Interpretation

The Yayasan shall have perpetual succession and a common seal.

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The Yayasan may sue and be sued in its corporate name.

Subject to and for the purposes of this Act, the Yayasan may, upon such conditions as the Yayasan thinks fit—

Until a seal is provided by the Yayasan, a stamp bearing the words “Yayasan Guru Tun Hussein Onn” may be used and shall be deemed to be its common seal.

The common seal of the Yayasan shall be kept in the custody of the Chairman of the Board or any other person authorized by the Yayasan, and shall be authenticated by either the Chairman of the Board or by such other person authorized by the Chairman of the Board in writing.

All deeds, documents and of the Yayasan other instruments purporting to be sealed with the common seal of the Yayasan and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed.

Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Board or by any officer of the Yayasan authorized in that behalf.

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The common seal of the Yayasan shall be officially and judicially noticed.

Every document to which the common seal of the Yayasan is affixed shall be signed by two members of the Board appointed by the Chairman of the Board in that behalf.

to assist the Ministry responsible for education in organizing activities related to teacher professionalism development;

to assist any party to carry out research towards the enhancement of the quality of the national education;

to do all things desirable or expedient or necessary in preserving the welfare of a teacher;

to assist in the education of the teacher’s child as may be determined by the Yayasan; and

to do all things as the Yayasan considers desirable or expedient or necessary to the performance of its functions under this Act.

Powers of the Yayasan

Without prejudice to the generality of subsection (1), the powers of the Yayasan shall include power—

the Chairman of the Board;

any member of the Board; or

the Chief Executive Officer.

Any person delegated with such functions and powers shall be bound to observe and have regard to all conditions and restrictions imposed by the Yayasan and all requirements, procedures and matters specified by the Yayasan.

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Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the

Yayasan.

The delegation under this section shall not preclude the

Yayasan itself from performing or exercising at any time any of the delegated functions and powers.

Power to establish companies, etc.

The Board shall—

the Secretary General of the Ministry responsible for education as Chairman;

the Director General of Education;

a representative of the Ministry of Finance;

an Education Service Officer who is serving at the Ministry responsible for education who shall be appointed by the

Minister;

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a public servant other than an Education Service Officer who shall be appointed by the Minister;

an Education Service Officer who has retired who shall be appointed by the Minister; and

three other persons who have the expertise and experience in finance or investment who shall be appointed by the

Minister.

The provisions of the Schedule shall apply to the members of the Board.

The Minister may amend the Schedule by order published in the Gazette.

Chairman

If the Chairman is absent from the meetings of the Board, he shall appoint any member of the Board to preside over the meeting.

Allowances

An alternate member who attends the meetings of the

Board shall, for all purposes, be deemed to be a member of the

Board.

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An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease to be an alternate member when the member in respect of whom he is an alternate member ceases to be a member of the Board.

Tenure of office of members

Every member of the Board appointed under paragraphs 10(1)(d),

Any member of the Board appointed under paragraphs 10(1)(d),

if he dies;

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

an offence involving fraud, dishonesty or moral turpitude;

if his conduct, whether in connection with his duties as a member of the Board or otherwise, has been such as to bring discredit to the Yayasan;

if he becomes a bankrupt;

if he is of unsound mind or is otherwise incapable of discharging his duties;

in the case of a member appointed under paragraphs 10(1)(d),

, (f) and (g), if he absents himself from three consecutive meetings of the Board without leave of the Chairman of the Board;

if his appointment is revoked by the Minister under subsection 15(1); or

if his resignation under subsection 15(2) is accepted by the Minister.

Where a member appointed under paragraphs 10(1)(d),

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

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

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A member of a committee shall hold office for such term as specified in his letter of appointment and is eligible for reappointment for any term as may be determined by the

Board.

The Board may, at any time, revoke the appointment of any member of a committee.

A member of a committee may, at any time, resign by giving a notice in writing to the chairman of the committee.

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

A committee may regulate its own procedure.

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

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

A committee shall cause—

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

Any minutes made of a meeting of the committee shall, if duly signed, be admissible as evidence in any legal proceedings without further proof.

The members of the committee or any person invited under subsection (12) shall be paid such allowances and other expenses as the Board may determine.

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No act done or proceedings taken under this Act shall be questioned on the ground of—

his spouse;

his parent (including a parent of his spouse);

his child (including step child or legally adopted child);

his brother or sister (including a brother or sister of his spouse); and

a spouse of his child, brother or sister;

“associate”, in relation to a member of the Board or a committee, means—

a person who is a nominee or an employee of the member;

a firm of which the member or any nominee of his is a partner;

a partner of the member;

a trustee of a trust under which the member or a member of his family is a beneficiary; or

any corporation within the meaning of the Companies

Act 1965, of which the member or any nominee of his or a member of the member’s family is a director or has a substantial shareholding in the corporation.

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A member of the Board or any committee established under section 17 who has or acquires a direct or indirect interest whether by himself, a member of his family or his associate in relation to any matter under discussion by the Board or the committee shall disclose to the Board or the committee, as the case may be, the fact of his interest and the nature of that interest.

A disclosure under subsection (2) shall be recorded in the minutes of the meeting of the Board or the committee, as the case may be, in which the matter is discussed and, after the disclosure, the member—

A member of the Board or the committee who fails to disclose his interest as required under subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

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

The Chief Executive Officer shall be a person with experience and knowledge in financial matters.

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The Chief Executive Officer shall be paid such remuneration and allowances as may be determined by the Yayasan.

The Board shall vest in the Chief Executive Officer such powers and impose upon him such duties as may be determined by the Yayasan.

The Chief Executive Officer shall be responsible for the overall administration and management of the functions and the day-to-day affairs of the Yayasan.

The Chief Executive Officer shall have general control of the employees of the Yayasan.

The Chief Executive Officer shall perform such other duties as the Yayasan may direct from time to time.

In discharging his duties, the Chief Executive Officer shall act under the authority and general direction of the Yayasan.

Temporary exercise of functions of the Chief Executive

Officer

the office of the Chief Executive Officer is vacant;

the Chief Executive Officer is absent from duty or from

Malaysia; or

the Chief Executive Officer is, for any other reason, unable to perform the duties of his office.

Appointment of other employees

The Fund shall consist of—

paying any expenditure lawfully incurred by the

Yayasan;

paying for the remuneration, allowances, benefits and other expenses of the members of the Board, members of the committees and employees of the Yayasan including the granting of loans and advances, superannuation allowances, retirement benefits and gratuities;

purchasing or hiring equipment, machinery and any other materials, acquiring land and any assets, and carrying out any other works and undertakings in the performance of its functions and in the exercise of its powers under this Act or any subsidiary legislation made under this

Act;

repaying moneys borrowed under this Act and the interest or profit due on the borrowed moneys; and

generally, paying or expending any expenses for carrying out into effect the provisions of this Act or any other subsidiary legislation made under this Act.

Conservation of the Fund

Before 1 September of each year, the Yayasan shall submit to the Minister an estimate of its expenditure for the following financial year in such form and containing such particulars as the Minister may direct.

The Minister shall, before 1 January of the following financial year, notify the Yayasan of the amount authorized for expenditure generally or of the amount authorized for each description of expenditure based on the estimate prepared under subsection (2).

The Yayasan may at any time submit to the Minister a supplementary estimate of its expenditure for any one year and the Minister may allow the whole or any part of the additional expenditure to be included in the supplementary estimate.

Bank accounts

Every such account shall be operated as far as practicable by cheques signed by the Chairman of the Board and Chief

Executive Officer or any two members of the Board as authorized by the Chairman of the Board in writing for such purpose from time to time.

Power to borrow

a statement of accounts of the Yayasan which shall include a balance sheet and an account of income and expenditure; and

a statement of its activities.

The Yayasan shall cause the statement of accounts to be audited by any independent auditor appointed by the Yayasan.

The Yayasan shall as soon as possible send a copy of the statement of accounts certified by the auditors and a copy of the auditors’ report to the Minister who shall cause such statement and report to be laid before both Houses of Parliament.

The Statutory Bodies (Account and Annual Reports) Act 1980 [Act 240] shall apply to the Yayasan.

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no member of the Board or any of its committees or any employee or agent of the Yayasan or any person attending any meeting of the Board or any of its committees, whether during or after his tenure of office or employment, shall disclose any information which has been obtained by him in the course of his duties and which is not published in pursuance of this Act; and

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no other person who has by any means access to any information or documents relating to the affairs of the Yayasan shall disclose such information or document.

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

Protection from personal liability

in any civil proceedings by or against the Yayasan;

in any civil proceedings against any employee or agent of the Yayasan in relation to the performance of his functions under this Act; or

in any other civil proceedings in which the Yayasan is required or permitted by the court to be represented, or to be heard, or is otherwise entitled to be represented or to be heard, any person authorized by the Yayasan for that purpose may, on behalf of the Yayasan, or the employee or agent of the Yayasan, institute such proceedings or appear in such proceedings and may make all appearances and applications and do all acts in respect of such proceedings on behalf of the Yayasan or its employee or agent.

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Regulations

Any instrument, certificate or document lodged with the dissolved Kumpulan Wang immediately before the appointed date shall, on the appointed date, be lodged with the Yayasan.

Continuance of civil and criminal proceedings

Any appeal brought or any leave to appeal applied for, on or after the appointed date, against a decision given in any legal proceedings immediately before the appointed date to which the dissolved Kumpulan Wang was a party may be brought by or applied for against the Yayasan as if this Act had not been enacted.

Reference in written law or document to the dissolved

Kumpulan Wang

No other person or any party may use the name

“Kumpulan Wang Simpanan Guru” except with the prior written approval of the Yayasan.

Any person who contravenes subsection (2) commits an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit.