Universities And University Colleges Act 1971

Original Language Title: Universities and University Colleges Act 1971

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030b.fm law REPRINT MALAYSIA PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with MALAYAN LAW JOURNAL SDN BHD and PERCETAKAN NASIONAL MALAYSIA BHD 2006 Act 30 UNIVERSITIES and UNIVERSITY COLLEGES ACT 1971 Contains all amendments to 1 January 2006 030b.fm Page 1 Tuesday, March 28, 2006 9:13 AM PREPARED for PUBLICATION by the MALAYAN LAW JOURNAL SDN BHD and PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD KUALA LUMPUR BRANCH UNIVERSITY ACT 2006 2 And UNIVERSITY COLLEGES Act 1971 Royal Assent Date............ 27 April 1971, the date of publication in the Gazette......... 29 April 1971 REPRINT BEFORE Reprinting The first ... ... more 1993 the second Reprint of ... ... more 1999 030b.fm Page 2 Tuesday, March 28, 2006 9:13 AM 3 laws of MALAYSIA Act 30 UNIVERSITIES and UNIVERSITY COLLEGES ACT ARRANGEMENT of SECTIONS part I preliminary section 1971 1. Short title 2. Interpretation Part II HIGHER EDUCATION 3. Responsibilities Of Minister 4. Minister's power to appoint a person or body to investigate the PART III of the UNIVERSITY 5. Prohibition of the establishment of the University 5. The Act does not apply to the University established under treaties, etc.
6. Form and establish a University 7. The effect of the Order of the Corporation and the authority of the General higher educational institutions is a University 8. The Constitution Of The University 9. The University shall hold office as Malaysia's delivery address 10. Copy of Statute, etc., shall be kept at the Office of the University 11. Financial assistance and account 12. Establishment of Campus for the University 030b.fm Page 3 Tuesday, March 28, 2006 9:13 AM 4 laws of Malaysia ACT 30 section 13. Land acquisition for the purpose of University 14. Exemption from estate duty 15. A student or organization, body or group of students associated with prohibited associations, etc. except as provided for under the Constitution, or approved by the Vice Chancellor 15A. A student or organization, body or group of students are prohibited from collecting money 15B. Criminal liability principle, etc., organization, body or group of students 15 c. Assuming 15 d. Suspension and removal of a student who is charged with an offence a crime or against whom a criminal offence is proved, 16. The authority of the Vice Chancellor to suspend or dissolve any organization, body or group of students 16A. Disciplinary staff, officers and employees of the University 16B. The disciplinary authority of University student 16C. 16D disciplinary rules. Surcharges 17. The Constitution shall hold coverage benefit under the Provident Fund scheme 18. The transitional provisions of PART IV of the UNIVERSITY COLLEGE 19. Prohibition of the establishment of the University College 20. The Corporation and the establishment of a University College 21. The Constitution Of The University College 22. The application of the provisions in part III to this part part V GENERAL 23. Error setting up University or University College 030b.fm Page 4 Tuesday, March 28, 2006 9:13 AM universities and university colleges 5 section 24. A specific prohibition against "University" or "College University" 24A. 24B relay. Public authorities Protection Act 1948 24C. Act or omission made in good faith 24D. 25 public servants. Existing University 26. Exemption 27. Abolition of FIRST SCHEDULE SECOND SCHEDULE 030b.fm Page 5 Tuesday, March 28, 2006 9:13 AM 030b.fm Page 6 Tuesday, March 28, 2006 9:13 AM 7 laws of MALAYSIA Act 30 UNIVERSITIES and UNIVERSITY COLLEGES ACT 1971, an act to provide for the setting up, maintaining and administering the universities and university colleges and for other matters relating thereto.
[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 preliminary short title 1. This Act may be cited as the universities and University Colleges Act 1971.
Interpretation 2. In this Act — "Chancellor", in relation to a University means the Chancellor of Universiti and includes any other person, with the title of whatever is called, appointed as the head of a University and the "Pro-Chancellor" shall be construed accordingly;
"Faculty", in relation to a University, the Faculty of the University means and includes schools, centres, academies and institutes of the University and in respect of the University campus including parts of faculties, schools, centres, academies and institutes set for the campus;
030b.fm Page 7 Tuesday, March 28, 2006 9:13 AM 8 laws of Malaysia ACT 30 "higher education Institution" means any university or University College established under this Act;
"Campus", in connection with a university or University College, means a University campus or the University College;
"Board", in relation to a University means a University Board is constituted in accordance with the Constitution of the University;
"Minister" means the Minister responsible for education;
"Vice Chancellor", in relation to a University means the Vice-Chancellor, President, Rector of the University or Director and includes any other person, with the title of any referred to, which was appointed as Chief Executive Officer of the University and "Deputy Vice-Chancellor" shall be construed accordingly;
"student" means a student registered course of study in full time or part time in the University;
"Higher education" includes education universities and university colleges;
"Education University or University College" means education held by the University or University College;
"Constitution", in respect of a particular University, means the Constitution of the University that is substansialnya is in the form specified in the first schedule;
"Senate", in relation to a University means the Senate of the University;
"The University" or "College University" each means a higher education institutions universities or university colleges.
PART II HIGHER EDUCATION Responsibilities Minister 3. Subject to the provisions of this Act, the Minister is responsible for the general direction and higher education 030b.fm Page 8 Tuesday, March 28, 2006 9:13 AM 9 universities and university colleges administration of this Act which shall be in accordance with the policies, strategies and guidelines of national higher education developed or specified by an authority established under any law for that purpose.
Minister's power to appoint a person or body to investigate 4. For the purpose of enabling the Minister to carry out its responsibilities more effectively against higher education and administration of this Act, the Minister may, from time to time, appoint any person or body to investigate any activity or administration of any institution of higher education and reported to him the results of the investigation and recommendations related to it.
PART III the UNIVERSITY Ban on the establishment of the University 5. Subject to section 5A, there are no higher education institutions universities can be established except in accordance with the provisions of this Act or any other written law regulating its establishment.
The Act does not apply to the University established under treaties, etc.
5a. (1) the provisions of this Act shall not apply to an institution of higher education allowed universities established under an order made by the Yang di-Pertuan Agong under subsection (2) and any other private higher education institutions given the standard of University or University College under any written law.
(2) the Yang di-Pertuan Agong may by order published in the Gazette allowing the establishment of an institution of higher education, universities or whatever the name of the plant, if he is satisfied that it will be set up in accordance with a treaty, agreement or Convention between Malaysia 030b.fm Page 9 Tuesday, March 28, 2006 9:13 AM 10 laws of Malaysia ACT 30 with any other country or under any per j an h i an an ta ra Malays i a with sesua tu o rgan I sas i international.
Incorporating and establish a University 6. (1) If, the Yang di-Pertuan Agong is satisfied that it is expedient in the interest of the country so that a University was established he may by order — (a) declare established a higher education institution that has a University status to become a body corporate for the purpose of convening, developing and expanding higher education in all branches of education according to as specified in the order;
(b) provide your name and the title to the University; and (c) prescribing lies the site of the University places will be erected.
(2) an order made under subsection (1) (later dar ipada is called "the order of the Corporation") is to be presented at the meetings of both the Council of the next Parliament.
The effect of the Order of the Corporation and the authority of the General higher educational institutions is a University 7. (1) when the Corporation's Order made under section 6 comes into operation, a higher education institution that has a University status, with names and titles conferred upon him by the order, shall be deemed to have been established, and as its name suggests the Chancellor, Vice-chancellor and members at that time for the Board and the Senate shall be deemed to be a body corporate with perpetual succession and full power and, according to his name it —

(a) to sue and be sued in all courts;
030b.fm Page 10 Tuesday, March 28, 2006 9:13 AM universities and university colleges 11 (b) to have and use a common seal and change the seal in accordance with his will;
(c) to purchase any property, movable or immovable property and take, receive, and hold any property vested to it by reason of a purchase that or according to any grant or donation, lease, subsidy, legacy, testamentary or otherwise;
(d) to sell, lease, Exchange or otherwise dispose of any such property in any manner that is not inconsistent with any condition or restriction imposed by the Constitution; and (e) to carry out, execute and perform all powers, duties and functions given or ditanggungkan on the University by this Act or the Constitution.
(2) the authority granted to a University by subsection (1) shall be exercised by the Board unless otherwise provided by this Act or the Constitution.
The Constitution Of The University 8. (1) the Constitution of a University shall contain provision for all the matters specified in the first schedule to this Act.
(2) if at any time the Constitution of a University does not contain the provisions set out in the first schedule to this Act, the Board shall take the necessary measures to provide or remove provisions to the contrary in the Constitution.
(3) Notwithstanding subsection (2), the Yang di-Pertuan Agong may, at any time, amend the Constitution of a University so that in accordance with the provisions of the first schedule to this Act.
030b.fm Page 11 Tuesday, March 28, 2006 9:13 AM 12 laws of Malaysia ACT 30 (4) the provisions of the Constitution shall become effective from the date specified by the Yang di-Pertuan Agong and shall have the effect of law in Malaysia.
(5) any thing done or any appointment made for and on behalf of the University before the date of the Constitution come into force shall, on and after that date, be deemed to have been made to, by or on behalf of the University.
The University shall hold office as a delivery address in Malaysia 9. (1) every University shall convene and maintain an Office which is located in Malaysia, and the Office for the delivery address for all University writ, letter demands, notices, legal letters, orders, summons, warrant or proceeding steps and all sorts of other written communication.
(2) all writs, the letter claims, notices, legal letters, orders, summons, warrants or other proceeding or other written communication, if left on the Office held and maintained under subsection (1), shall be deemed to be in any proceedings in any court in Malaysia as having been delivered or delivered the successful completion of a university or any officer or authority to whom it was addressed.
Copy of Statute, etc., shall be kept at the Office of the University 10. Each University shall keep at the Office referred to in section 9 a copy of each Statute, rules, regulations or other documents required to be published under this Act or the Constitution, and copies of it shall be always possible at all reasonable time for inspection by the general public and if any book or copy of a document required by this Act or the Constitution that was to be purchased by the general public , a book or a copy of it must be constantly held the Office for purchase or in any other place in Malaysia as it deems fit by the University.
030b.fm Page 12 Tuesday, March 28, 2006 9:13 AM 13 universities and university colleges and accounts of financial assistance 11. (1) Parliament may from time to time provide financial assistance to a University.
(2) all moneys paid to a University under subsection (1) shall be used or spent by the University for all or any of the purposes of the University in accordance with the estimates approved under the provisions of the Constitution: provided that any money provided for that and not used for the purpose of the University's annual celebration of the expenditure may, with the approval of the Minister, be used for capital expenditures.
(3) a copy of the accounts of the University for each financial year shall be prepared and sent to the audited accounts before 30 July immediately after that financial year; and that account as well as the Auditors ' report shall be sent to the Minister.
(4) the Minister shall cause to be a copy of the accounts of the University that the audited accounts presented in both Parliamentary Council.
The establishment of a University Campus for 12. (1) the Yang di-Pertuan Agong may, by order published in the Gazette (hereinafter called "the order of the Campus") — (a) to establish a University campus;
(b) provide an appropriate name for the campus;
(c) determine the site or place of the campus that became in addition to the University campus was erected;
(d) convene a Faculty for the campus;
(e) determine the Department of study contained in the Faculty; and 030b.fm Page 13 Tuesday, March 28, 2006 9:13 AM 14 laws of Malaysia ACT 30 (f) prescribing other matters as may be necessary or expedient to carry out the order of the campus.
(2) the Yang di-Pertuan Agong may at any time, amend, vary or revoke an order Campus with an order which is then published in the Gazette.
Land acquisition for the purposes of the University's 13. (1) when any immovable property that is not government land or reserve or land vested in a State or federal or not occupied or used by the federal or public authority for the purposes of the Federation to be required for the purposes of the University and cannot be obtained by way of agreement, the property may be obtained in accordance with the provisions of any written law relating to the acquisition of land for a public purpose , for the time being in force in the State of the place of the property is located, and any declaration required under any law of the State that the land is so required may be made even though the compensation will be paid from the funds of the University, and the Declaration shall have effect as if it is a declaration that the land is required for a public purpose and according to the written law.
(2) expenses and compensation of any immovable property acquired under subsection (1) shall be paid by the University.
(3) all immovable property acquired under this section shall be vested in the University and an entry to that effect in this regard shall be made in the register concerning registration by the authorities concerned.
Exemption from estate duty 14. There are no estate duty payable for any sum grant bequests to a University, and value of the property transferred upon death of a person shall be deemed to exclude the amount of the grant for the purpose of a will set the rate of estate duty.
030b.fm Page 14 Tuesday, March 28, 2006 9:13 AM 15 universities and university colleges student or organization, body or group of students associated with prohibited associations, etc. except as provided for under the Constitution, or approved by the Vice Chancellor 15. (1) No anyone, while being a student of the University, can become a member, or be in any way affiliated with, any association, political party, trade union or any organization, body or group of persons, whether or not it was established under any law, whether it's in the University and outside the University, and whether in Malaysia or outside Malaysia except as provided by or under the Constitution, or except as approved in advance in writing by the Vice-Chancellor.
(2) no organisation, body or group of students of the University, whether established by, under or in accordance with the Constitution or otherwise, can have any combination of, federal or any other arrangement whatsoever with any society, political party, trade union or any organization, body or group of persons, whether or not it was established under any law, whether it's in the University and outside the University , and whether it is in Malaysia or outside Malaysia, except as provided by or under the Constitution, or except as approved in advance in writing by the Vice-Chancellor.
(3) No anyone, while being a student of the University, can safely say or do something that can in tafs i w as expressing support, s impat i or opposition to any political party or trade union or as expressing support or sympathy with any organisation, body or group of persons which is illegal.
(4) no organisation, body or group of students of the University, established by, under or in accordance with the Constitution or any organisation, body or group of students of other Universities, can express or do something bo. d i t f s i w as i menya include unrated support, sympathy or opposition to any political party or trade union or as expressing support or sympathy 030b.fm Page 15 Tuesday , March 28, 2006 9:13 AM 16 laws of Malaysia ACT 30 with any organisation, body or group of persons which is illegal.

(5) any person who contravenes or fails to comply with subsection (1), (2), (3) or (4) is guilty of an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
A student or organization, body or group of students are prohibited from collecting money 15A. (1) no student of the University, or an organisation, body or group of students of the University, may, in or outside the campus, or in or outside Malaysia, collect or attempt to collect, or attempt to organize or organize any collection, or making any appeal orally or in writing or otherwise or try to make an appeal that for, any money or other property from any person , which is not money or property exactly or almost due obtained under or by virtue of any written law, contract or other obligation on the side of the law.
(2) any person who contravenes or fails to comply with subsection (1) is guilty of an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(3) the Minister may, in any particular case, in its absolute discretion give exceptions to any of the effect of subsection (1), subject to such terms and conditions and for such period as he may deem fit in its absolute discretion.
(4) without prejudice to the provisions of any other written law relating to the delegation of authority, the Minister may, by notification in the Gazette, delegate the exercise of its powers under subsection (3) to the Vice-Chancellor on collection of money within the campus of the people within the campus, subject to such conditions and restrictions as may be specified in the notification.
030b.fm Page 16 Tuesday, March 28, 2006 9:13 AM 17 universities and university colleges (5) the provisions of this section is in addition to and not in derogation from the provisions of any written law relating to the collection of House to House and in the street, public collection, or the collection of money or sale of badges.
Criminal liability principle, etc., organization, body or group of students 15B. (1) where an offence has been committed under any written law, whether or not a person has been convicted for it, and it was done or purporting to have been done in the name of or on behalf of an organisation, body or group of students of the University established by, under or in accordance with the Constitution, or any organization, body or group of students of other Universities, every office bearer for the Organization , body or group that and every person who manages or assists in the management of the organisation, body or group that at the time of the offence shall be deemed to be guilty of that offence and shall be liable to penalties prescribed by law for that offence, unless he proves to the Court that it was committed without his knowledge and that he has undertaken every effort to prevent the occurrence of the offence.
(2) an office bearer for, or a person who manages or assists in the management of, any organization, body or group as mentioned in subsection (1) may be prosecuted under this section, although he may have not participated in the offence.
(3) in a prosecution under this section against a person Office for, or against a person who manages or assists in the management of, any organization, body or group as referred to in subsection (1), any documents found in the possession of a person's Office for, or the person who manages or assists in the management, organization, body or group, or in the possession of a member organization , body or group that is prima facie evidence of its contents for the purpose of proving that the 030b.fm Page 17 Tuesday, March 28, 2006 9:13 AM 18 laws of Malaysia ACT 30 something has been done or purporting to have been made by or on behalf of the organisation, body or group.
Assuming 15 c. In a prosecution under this Act — (a) it shall not be necessary for the prosecution to prove that an organisation, body or group of persons have a name or that it has been constituted or is usually known under a particular name;
(b) where any books, accounts, writings, lists of members, seals, banners or insignia of royalty, or relating to, or purporting to be a relation, an organisation, body or group of persons found in possession, storage or under the control of a person, shall be deemed, until the contrary is proved, that such person is a member of the organisation, body or group, and organization, body or group shall be considered , until the contrary is proved, as exists at the time of the books, accounts, writings, lists of members, seals, banners or insignia insignia that found such; and (c) where any books, accounts, writings, lists of members, seals, banners or insignia of royalty, or relating to, an organisation, body or group of persons found in possession, storage or under the control of a person, shall be deemed, until the contrary is proved, that such person assist in management organisation, body or group.
Suspension and removal of a student who is charged with an offence a crime or against whom a criminal offence is proved, 15 d. (1) where a university student charged with an offence in criminal, he shall thus forthwith be suspended from being a student of the University and he may not, in the time of pending criminal proceedings 030b.fm Page 18 Tuesday, March 28, 2006 9:13 AM 19 universities and university colleges, living or in the in the University campus or the campus of any other University.
(2) if the Court finds a charge upon a criminal offence against a fish dibukt pela jar of the University, the student thus immediately cease to be a student of the University and he can not stay or check-in in the University campus or the campus of any other University.
(3) a student of the University who are detained, or subjected to any order which imposes restrictions thereon, under any written law relating to the protection of detainees or security thus immediately cease to be a student of the University and he can not stay or check-in in the University campus or the campus of any other University.
(4) a student of the University be suspended from being a student of the University under subsection (1) may not, while he hung so, became a student of any other universities in Malaysia without the written approval of the Minister, and if the Minister gives approval of it, the Minister may impose such terms and conditions as he thinks fit to impose, at its absolute discretion.
(5) a university student who cease to be a student of the University under subsection (2) or (3) shall not be admitted as a student of the University or any other University in Malaysia without the written approval of the Minister, and if the Minister gives approval of it, the Minister may impose such terms and conditions as he thinks fit to impose, at its absolute discretion.
(6) any person who lives or in the campus of any University in contravention to subsection (1), (2) or (3) or who can check-in being a student of any University in contravention to subsection (4) or (5) is guilty of an offence and shall, on conviction, to a fine not exceeding one thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(7) subsection (1), (2), (3), (4) and (5) shall apply to a person even though results are still pending in any 030b.fm Page 19 Tuesday, March 28, 2006 9:13 AM 20 laws of Malaysia ACT 30 where the Court or before any other authority about any application, petition, appeal or any other proceedings whatsoever made by him or by any other person in respect of criminal proceedings , detention, or order imposing sanctions, as the case may be: provided that after only disconnected application petition, appeal or other proceeding the Minister may, in its sole discretion, pay attention to the decision and to provide exceptions to the student of the effect of subsection (1), (2), (3), (4) or (5), as the case may be, on such terms and conditions as he may deem fit to impose at its absolute discretion.
(8) the Minister may, at any point of a, in a case of te r ten tu, in accordance with t bud i b ra mut laknya, ica member fish exemption to any person of the effect of subsection (1), (2), (3), (4) or (5), as the case may be, either unconditionally, or upon such terms and conditions, or for such period as he may deem fit in its absolute discretion.
(9) (struck by Act A946).
The authority of the Vice Chancellor to suspend or dissolve any organization, body or group of students

16. If any organisation, body or group of students of the University conducts its affairs in a way that, in the opinion of the Vice-Chancellor, may damage or harm to the interests of or kesentosaan of the University, or to the importance or kesentosaan any of the students or staff of the University, or to public order or public safety, or if any organisation, body or group that violates any written law, the Vice-Chancellor may suspend or dissolve the organisation , body or group that.
Disciplinary staff, officers and employees of the University 16A. (1) the Board shall have disciplinary powers over every staff, officers and employees of the University and shall exercise disciplinary control in respect of 030b.fm Page 20 Tuesday, March 28, 2006 9:13 AM 21 universities and University Colleges Act, each such person and any rules made under section 16C.
(2) the Board may, by notification in the Gazette, establish different Disciplinary Committee for different categories of staff, officers and employees.
(3) the Disciplinary Committee shall exercise its powers in all matters relating to discipline of every staff, officers and workers placed under its jurisdiction.
(4) an employee, officer or employee who is a member of a Disciplinary Committee shall not be ranked lower than any employee, officer or employee of the Disciplinary Committee to have disciplinary powers.
(5) in any case where a member of the Disciplinary Committee itself is a complainant in any disciplinary proceedings before the Disciplinary Committee, he cannot appear in the proceedings and the Board shall appoint any other person to take part in the proceedings.
(6) subsection (4) shall apply to any other person appointed to the Disciplinary Committee under subsection (5).
(7) in the exercise of its functions and powers, the Disciplinary Committee shall have the authority to take any disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishment provided under rules made under section 16C.
(8) the Disciplinary Committee shall not have jurisdiction with respect to the Chancellor, Pro-Chancellors and Vice-chancellors.
(9) any employee, officer or employee who is not satisfied with the decision of the Disciplinary Committee may, within thirty days from the date of delivery of the decision in writing to him, appeal against such decision to the Board.
030b.fm Page 21 Tuesday, March 28, 2006 9:13 AM 22 laws of Malaysia ACT 30 (10) When the Board consider any appeal under subsection (9), a member of the Disciplinary Committee against appealed from cannot attend or participate in any way in any proceeding relating to the appeal.
(11) the Board shall have power to confirm, reverse or vary the decision of the Disciplinary Committee or give any instructions about the appeal as it deems fit and proper by him.
(12) the decision of the Board on an appeal is final.
The disciplinary authority of University student 16B. (1) the disciplinary authority of the University with respect to every student of the University is the Vice-Chancellor.
(2) the Vice-Chancellor who became the disciplinary authority under subsection (1) has the authority to take any disciplinary action and impose any disciplinary punishment as provided under any disciplinary rules may be made by the Board under section 16C.
(3) the Vice-Chancellor who became the disciplinary authority under subsection (1), may delegate any of its functions, powers or duties to any of its Deputy Vice Chancellor, by any Member, any officer or any employee of the University, or to any of the Board staff, officer or employee of the University, about any particular student, or any class or category of students of the University, and the Deputy Vice Chancellor staff, officer or employee or Board to which the diwaki lkan functionality i , the power of a tau kewaj ipan i tu shall perform, exercise and perfection under the direction and control of the Vice Chancellor who has the power to repeat the study, revoke or amend any decision or conclusion of Deputy Vice Chancellor staff, officer or employee and the Board: provided that no such delegation may be made under this subsection to the Chancellor or Pro-Chancellor.
030b.fm Page 22 Tuesday, March 28, 2006 9:13 AM 23 universities and university colleges (4) a student who is not satisfied with the decision of the Vice Chancellor who became the disciplinary authority under subsection (1) or any person or Board to which the delegated functions, powers or duties under subsection (3) may within thirty days from the date of delivery of the decision to him , appeal against the decision to the Minister i tu, can j if it thinks fit, refuse directly to the appeal.
(5) if the Minister does not push directly an appeal in b a w a h s u b s e k s y e n (4), d i a h e n d a k l a h m e l a n t i k t u s u a Committee consisting of two or more persons, from within or outside the University , to consider the appeal and make syornya to the Minister, and, when the recommendation is received, the Minister may give such decision on the appeal as he thinks fit and proper.
16C disciplinary rules. (1) the Board has the authority to make any disciplinary rules as it may deem necessary or expedient to provide about discipline for employees, officers and employees of the University and students of the University; disciplinary rules made under this subsection shall be published in the Gazette.
(2) disciplinary rules made by the Board under this section may include provisions for holding work with reduced salaries or other remuneration, or provisions for suspend without pay or other remuneration, an employee or an officer or employee of the University, and for the suspension of a student of the University, within pending disciplinary proceedings.
(3) the disciplinary rules made under this section shall create any offence tatatert ib and provide for any disciplinary punishment as may be thought fit by the Board, such allotted and the sentence can include a sentence of dismissal or demotion employees, officer or employee of the University or the removal of University students from the University.
030b.fm Page 23 Tuesday, March 28, 2006 9:13 AM 24 laws of Malaysia ACT 30 (4) disciplinary rules made under this section shall establish a procedure for disciplinary proceedings, provide for the opportunity to appeal made by the person against whom the disciplinary proceeding conducted before a decision was reached by the disciplinary authority on disciplinary charge made against that person.
(5) Specific matters referred to in subsection (2), (3) and (4) is without prejudice to the generality of the powers of the Board under subsection (1).
16D a surcharge. (1) a person who is or was an employee, officer or employee of the University may disurcaj if found by the Board that the person — (a) not collect money owed to the University was pemungutannya or served as its responsibility;
(b) are or ever be liable for any payment of money should not be from the University or for any payment of money not approved accordingly;
(c) is or ever was responsible, directly or indirectly, for any deficiency in, or destruction of, any money, stamps, securities, goods storage or other property of the University;
(d) as or while an accounting officer, did not keep proper records or account; or (e) was not to make any payment, or was or ever be liable for any delay in the payment of the University, the money to any person to whom the payment is to be made under any law, contract, agreement or arrangement between that person and the University.
030b.fm Page 24 Tuesday, March 28, 2006 9:13 AM 25 universities and university colleges (2) the Board shall, before the person disurcaj, serve a notice in writing to him requesting show cause why he should not be disurcaj.
(3) If satisfactory explanations are not accepted within thirty days from the date of service of the notice under subsection (2), the Board may — (a) in the case of paragraph (1) (a), (b) and (c), mensurcajkan against the person a sum of money not exceeding the amount not collected, or payment should not be made, or lack of value, or destruction caused on money, stamps savings, securities, goods or other property; and (b) in the case of paragraph (1) (d) and (e), mensurcajkan against the person, a sum of money the Board may think fit.
(4) the Board shall notify the person who disurcaj it in respect of any surcharge made under subsection (3).

(5) Notwithstanding subsection (3) and (4), the Board may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if otherwise it appears that there are surcharges should be made, and the Board shall immediately inform the person of the revocation shall be disurcaj.
(6) if the amount of any surcharge made under subsection (3) shall not be forfeited under subsection (5), it shall be deemed to be a debt to be paid to the University by the disurcaj and can be sued and be obtained in any court on the suit of the University and can also if directed by the Board be obtained through deduction — (a) basic salary the person disurcaj; or (b) the pension of people who disurcaj, with the monthly payment the same lots not exceeding one quarter of the total monthly salary or pension, as the case may be, that person.
030b.fm Page 25 Tuesday, March 28, 2006 9:13 AM 26 laws of Malaysia ACT 30 (7) in any action a surcharge of the Vice-Chancellor, the membership of the Board for the purposes of subsection (1) to (6) do not include the Vice-Chancellor.
(8) for the purposes of paragraph (1) (d), "accounting officer" includes the iap iap t-t staff, officers or employees of the University charged with the duty of collecting, receiving, or mengakaunkan, or that the fact of collecting, receiving or mengakaunkan, any money the University, or charged with the obligation to pay, or who in fact pay, any of the money, and every employee, officer or employee charged to receive , keep or dispose of, or mengakaunkan, any moneys, stamps, securities, goods and property of the University or in fact accepting, holding or disposing of money, stamps, securities, goods storage and such property.
The Constitution shall hold coverage benefit under the Provident Fund scheme 17. The Constitution may establish a provident fund scheme for its employees and the following provisions shall apply to a scheme that store — (a) no such insurance on the life of a person of contributors under a savings scheme and also there are any money or other benefits received under such insurance or by any other means under a scheme that could be taken to clarify any debts or claims against the contributors or their wealth , or digarnis, detained, separated or levied for the purpose of this there unless the University, in its discretion, have assign insurance, money or other benefits to the contributors for the use and benefit of the absolute or, in the event of death, the contributors to the personal representative in law;
(b) subject to any trust or authority about its use given by any Act or rules relating to savings scheme to the University or other person administering the savings scheme, all 030b.fm Page 26 Tuesday, March 28, 2006 9:13 AM 27 universities and university colleges money and benefits arising from any of the storage scheme shall be deemed to be teramanah to the person entitled thereto in accordance with the will of contributors who died or when the dead not bequeath contributors;
(c) there are no any donation or contribution to a fund set up under a savings scheme or any interest on donations or contributions the assignable or detained, separated or levied for or of any debt or claim whatsoever other than debts payable to the University;
(d) there are any donation or contribution or flowers can be subject to debt contributors and also there is nothing on donations, contributions or flowers that can be moved to the general meeting when the contributors be bankrupt, but if contributors sentenced to become a bankrupt or declared as poor according to the sentence of the Court, donations or contributions or the interest shall, subject to the provisions of this Act and the Constitution and any Act or rules relating to savings scheme , be deemed to be teramanah to the person entitled to it when the contributors dies;
(e) bankruptcy someone contributors does not preclude deductions made from wages of contributors in accordance with any Act or rules relating to savings scheme but instead the deduction shall continue to be made notwithstanding the provisions of any written law, and salaries cut shall not be deemed to be part of their wealth acquired then;
(f) subject to the provisions of any Act or rules relating to savings scheme all moneys due or payable from any fund established under the savings scheme when the death of a person shall be deemed to teramanah contributors to the person entitled thereto in accordance with the will of contributors who died or when the dead not bequeath contributors, or by 030b.fm Page 27 Tuesday , March 28, 2006 9:13 AM 28 laws of Malaysia ACT 30 naming in the prescribed form under such schemes, but shall not be deemed part of the estate of the contributors or cannot be used to pay his debts.
Transitional provision 18. The Yang di-Pertuan Agong may, concerning the Constitution, to hold any transitional provisions as he may deem necessary or expedient for the purpose of achieving the purpose of the University.
PART IV of the KOLEJ UNIVERSITI prohibition of the establishment of the University College 19. There is an institution of higher education University College class can be established except in accordance with the provisions of this Act or any other written law regulating its establishment.
The Corporation and the establishment of a University College 20. If the Yang di-Pertuan Agong is satisfied that it is expedient in the interest of the country so that a University College established he may by order — (a) declare that established a higher education institution that has the status of a University College became a body corporate for the purpose of holding, in accordance with this Act and the Constitution of the University College, higher education section of education determined;
(b) gives the name to the University College; and (c) determine where site places the University College will be erected.
030b.fm Page 28 Tuesday, March 28, 2006 9:13 AM 29 universities and university colleges University College Constitution 21. (1) the Yang di-Pertuan Agong may by regulations prescribe the Constitution of a University College.
(2) the Yang di-Pertuan Agong may at any time amend the Constitution, something the University College.
(3) the provisions of the Constitution of a University College shall have effect from the date specified by the Yang di-Pertuan Agong and shall have the effect of law in Malaysia.
(4) any thing done or appointment made for and on behalf of the University College before the date of the Constitution come into force shall, on and after that date, be deemed to have been made to, by or on behalf of the University College.
The application of the provisions in part III to this section 22. Subsection 6 (2), sections 7, 9, 10, 11, 13, 14, 15, 15A, 15B, 15 c, 15 d, 16, 16A, 16B, 16C, 16D and 17 applicable to a University established under this Act shall mutatis mutandis apply to a University College established or deemed to have been established under this Act, subject to the following modifications, namely: (a) reference to "University" shall be read as a reference to "University College";
(aa) a reference to "Board" shall be read as a reference to the Executive of the Kolej Universiti;
(b) a reference to "Chancellor", "Vice Chancellor" and "Deputy Vice-Chancellor" shall be read as a reference to the relevant authorities for the University College;
(c) a reference to "Pro-Chancellor" shall be cut off; and (d) such other modifications as are necessary or expedient to carry out this section.
030b.fm Page 29 Tuesday, March 28, 2006 9:13 AM 30 laws of Malaysia ACT 30 part V GENERAL Offences established a university or University College 23. (1) No anyone can establish, or promote or make any matter or carry out any activity for the purpose of establishing or forming or developing the establishment or the establishment of a university or University College except in accordance with the provisions of this Act or any other written law regulating its establishment.
(2) any person who contravenes subsection (1) commits an offence and shall on conviction be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding five years or both.
A specific prohibition against "University" or "College University" 24. (1) No anyone can establish, manage or maintain a high-standard educational institutions "University" or "College University" unless it is a higher education institution established in accordance with the provisions of this Act or any other written law regulating its establishment.
(2) there is an institution of higher education or anyone can produce or provide to any person any degree or diploma purporting to degree or diploma issued or granted by a university or University College unless the withdrawal or the grant in accordance with the provisions of this Act or any other written law regulating its establishment.

(3) any person who contravenes subsection (1) or (2) commits an offence and shall on conviction be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding three years or to both.
030b.fm Page 30 Tuesday, March 28, 2006 9:13 AM 31 universities and university colleges 24A Relay. (1) service of any notice under this Act shall be effected by registered post to the person affected by it and shall be deemed to have been served on the day following the day the notice is supposed to up the normal course pos. (2) If a person to whom addressed a registered letter containing any notice that may be given under this Act, the fact of the existence of the letter notified registered menantinya in post office , but that person refused to ignore or to take the registered letter, such notice shall be deemed to have been duly delivered to him at the date he notified such.
Public authorities Protection Act 1948 24B. 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-Chancellor, employee, officer or employee of the University in respect of any act, neglect or default made or done by him upon such property.
Act or omission made in good faith 24C. No action or suit shall be instituted or maintained in any court against — (a) the Board;
(b) members of the Board;
(c) the Vice-Chancellor;
(d) the Deputy Vice-Chancellor;
(e) the Senate;
(f) members of the Senate;
(g) employees, officers or employees of the University; and 030b.fm Page 31 Tuesday, March 28, 2006 9:13 AM 32 laws of Malaysia ACT 30 (h) any person authorized to act for or on behalf of any body or person under paragraph (a) to (g), for any act or omission done in good faith in discharging its duties and powers under this Act to reasonably believe that such action is necessary for the purposes that are intended to be achieved through it.
Public servants 24D. All members of the Board and the Senate, the Vice-Chancellor, the Deputy Vice-Chancellor, staff, officers and employees of the University while on their functions as a member, the Vice-Chancellor, the Deputy Vice-Chancellor, staff, officers and employees of such, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Existing University 25. (1) the University established under University of Malaya Act 1961 [Act 44 1961] shall be deemed to be a University established under this Act.
(2) University of Malaya Act 1961, subject to the provisions of this Act, shall remain in force for the purposes of the University.
26 exemption. The Yang di-Pertuan Agong may, of a University, mengecualikannya of, change or add to any of the provisions of the first and second schedules, by order published in the Gazette.
The abolition of 27. Ordinance No. 74 (powers necessary) lockout, 1971 is hereby repealed.
030b.fm Page 32 Tuesday, March 28, 2006 9:13 AM universities and university colleges 33 FIRST SCHEDULE [section 8] CONSTITUTION Name 1. This Constitution may be cited as the Constitution of the Universiti..............................................................
Interpretation 2. (1) in this Constitution, unless the context otherwise requires — "Alumni of the University" means the Alumni of the University constituted in accordance with section 22;
"Authority" means any university authority referred to in section 12, and includes any authority established in accordance with the Statute;
"Chair" means the position of Professor, how called whatsoever;
"Convocation" means the Convocation held in accordance with section 44;
"Foundation day" means the date of commencement of order duly made by the Yang di-Pertuan Agong under section 6 universities and University Colleges Act 1971;
"The graduate Association" means an association constituted in accordance with section 22;
"Officer" means the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Deputy Vice-Chancellor, Dean of the faculty, School, Centre, Academy or Institute, Registrar, Bursar, Officials, or the holder of any Office created by statute or otherwise;
"The rules", "rules" and the "Statute" means any regulations, rules and Statutes made in accordance with this Constitution;
"Teacher" means a person appointed as a teacher by the Board in accordance with this Constitution, and includes senior professors, professors, Associate Professor, Assistant Professor, reader, senior lecturer, lecturer, Assistant Lecturer, language teacher and matriculation, and tutors;
"University" means the Universiti...................................................................
(2) References in this Constitution of a section is a reference to a section in this Constitution.
030b.fm Page 33 Tuesday, March 28, 2006 9:13 AM 34 laws of Malaysia ACT 30 part I the University Established the University as body corporate 3. A University that is named and cited......................... established in accordance with the provisions of this Constitution, and by name and title of the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Board and the Senate constituted as a body corporate with perpetual succession and full power and authority under such name — (a) to sue and be sued in all courts; (b) to have and use a common seal and from time to time break, change, alter and renew the seal as he may deem fit;
(c) for the purposes of this Constitution, and subject to the Statutes, rules and regulations to purchase any property, whether movable or immovable property and take, receive, and hold any such property to be vested on him by reason of such purchase, or by any Exchange, grant, donation, lease, testamentary or otherwise;
(d) to sell, mortgage, lease, Exchange or otherwise dispose of any such property; and (e) to carry out and implement in accordance with the provisions of this Constitution and the provisions of statutes, rules and regulations, all the powers and duties granted or ditanggungkan on the University by the provision.
Power University 4. (1) subject to the provisions of this Constitution, the University shall have the following powers: (a) 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;
(b) to confer degrees, diplomas, certificates and other academic distinctions including degrees, diplomas, certificates and other external to the people who have followed the courses of study approved by the University and has met any other requirements as may be prescribed by rules;
(c) recognition of degrees and diplomas of other higher education institutions for the purpose of entering the courses of study and examinations of the University and landed a higher degree to degree or diploma or to graduate under conditions as may be prescribed by rules;
(d) to confer degrees to University teachers who have fulfilled such requirements as may be prescribed by rules;
030b.fm Page 34 Tuesday, March 28, 2006 9:13 AM 35 universities and university colleges (e) to confer honorary degrees on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service;
(f) to grant certificates to those who have achieved efficiency in any branch of knowledge;
(g) the holding of the Chair, the position of Lecturer, and other posts and departments, and make appointments thereto;
(h) to establish a University printing press and publish books and other materials;
(i) establish, equip and maintain a library, laboratories, Museum, Lecture Hall, building shelter and all other buildings required for the purposes of the University, whether in the Federation or elsewhere;
(j) to Institute and award fellowships, scholarships, assistance, scholarship, medals, prizes and titles, honours, awards and other types of assistance towards the advancement and dissemination of knowledge;
(k) invest any moneys vested in them as donations remain in the property or collateral (whether authorised as an investment trustee or not), whether the money is right for general purpose or special purpose, or any other money that is not immediately required for current expenditures, with the authority to vary any of the investment and deposit from time to time any monies for the time being is not invested in any bank incorporated in Malaysia in either fixed deposit account or a current account;
(ka) provide loans or advances to employees, officers and employees;
(kb) provides a loan or financial assistance to deserving students upon such terms and conditions as may be approved by the Minister;
(kc) conduct research on a commercial for the development and effective use of the research results;
(l) enter into contracts, to appoint staff and establish trust as may be required for the purposes of the University;
(m) to appoint, promote and provide discipline for officers, teachers and staff of the University;
(n) make regulations regarding the conditions of service of staff of the University, including the scheme of service, salary scales, leave and discipline;

(o) establish pension or superannuation or Provident Fund for the benefit of its employees, and to enter into arrangements with other organizations or persons to set up such schemes;
(p) make regulations and provisions regarding the residence for officers, teachers, staff and students of the University and on the welfare and discipline of teachers, staff and students;
030b.fm Page 35 Tuesday, March 28, 2006 9:13 AM 36 laws of Malaysia ACT 30 (q) demand and receive any payment as may be prescribed by rules from time to time; and (r) to do all such acts and things, whether related or not with the power of the above that, as needed to advance teaching, research, finance, administration, welfare and discipline in the University.
(2) if the Yang di-Pertuan Agong is satisfied, with the intention of maintaining and advancing the Federal Foreign relations, it is necessary that an honorary degree awarded to an external speaker, at the direction of the Yang di-Pertuan Agong, the University shall confer such degree as specified in the instructions.
The extra power University 4A. (1) the Board may, with the approval of the Minister of Finance — (a) if found necessary, appropriate or beneficial for or in connection with the discharge of the functions, the exercise and the implementation of the activities of the University, joined the equity participation, partnership, joint venture, undertaking or any form of cooperation or other arrangements along with, or otherwise — (i) an enterprise, company, private undertaking or syndicate people established for doing business in Malaysia or elsewhere;
(ii) the Federal Government or the State;
(iii) a public body or authority;
(iv) a Commission; or (v) any person;
(b) establish or organize the setting up of companies under the companies Act 1965 [Act 125] to conduct or engage in any activities planned or undertaken by the University;
(c) to establish the Corporation to carry out and be responsible for handling and managing any property, project, scheme or enterprise which in the opinion of the Board are beneficial and advantageous to the University;
(d) borrow at such rate of interest and for such period and upon such terms as may be approved by the Board, any sums required by the University for obligations or discharging any of its duties;
(e) obtain loans under paragraphs (d) through the issuance of bonds, debentures or debenture stock in any class and value or to charge, mortgage, back up or otherwise 030b.fm Page 36 Tuesday, March 28, 2006 9:13 AM 37 universities and university colleges hold a lien on the property, movable or immovable, upon such terms as he thinks expedient by the Board;
(f) acquire and hold as an investment shares, stocks, debentures, debenture stocks, bonds, obligations and securities issued or guaranteed by — (i) any company or private undertaking or any syndicate those established for doing business in Malaysia or elsewhere;
(ii) the Federal Government or the State;
(iii) a sovereign;
(iv) a Commission; and (v) a public body or authority;
(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;
(h) exercise and generally enforce all the rights and powers conferred through 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 title, convert or otherwise dispose of shares, stocks, debentures, debenture stocks, bonds, obligations or securities; and (i) purchase, lease or rent or otherwise acquire and invest in any real estate and personal property deemed necessary or appropriate for any of the purposes of the University.
(2) Section 4B shall apply to a corporation established under paragraph (1) (c).
Provisions relating to 4B Corporation. (1) the Board shall, on or before the date of the establishment of any corporation under paragraph 4A (1) (c), set by regulations — (a) the purpose and objectives for which the Corporation is established;
(b) the rights, powers, duties and functions of the Corporation;
(c) the system of management of the Corporation; and (d) the relationship between the Corporation and the University and the right control by the Board on the Corporation.
(2) any regulations made under subsection (1) shall be binding on the Corporation in respect of which regulations is made and shall have effect for all purposes as if they had been made under this Constitution.
030b.fm Page 37 Tuesday, March 28, 2006 9:13 AM 38 laws of Malaysia ACT 30 (3) the Board may at any time amend, cancel, or add to, any regulations made in respect of any corporation under subsection (1).
(4) the Board may, with the approval of the Minister after consultation with the Minister of finance, direct any corporation established by him wound up and dissolved.
(5) upon the dissolution of any corporation under subsection (4), the assets of the Corporation shall be transferred to and vested in the University after settled all liabilities.
(6) the winding up of a corporation under subsection (4) shall be conducted in such manner as the Board may prescribe by regulations.
(7) regulations made under this section shall be published in the Gazette.
(8) every corporation established under paragraph 4A (1) (c) — (a) shall be a body corporate with any name given by the Board to such Corporation;
(b) shall have perpetual succession;
(c) shall have a common seal;
(d) may sue and be sued in the name of him;
(e) may enter into contracts;
(f) can hold, and make any business of or with, any property, movable or immovable; and (g) can make all things and other things that are incidental or related to a body corporate which is not inconsistent with this Constitution, subject to such restrictions or limitations as may be specified by the Board in each case.
(9) every corporation shall have a common seal which shall bear such indications as determined by the Corporation with the approval of the Board.
(10) the seal of the Corporation may from time to time be broken, changed, altered or made anew by the Corporation, as it deems fit by the Corporation with the approval of the Board.
(11) until a seal is provided by the Corporation under subsection (9) a stamp bearing the name of the Corporation encircling the letters "University of ..." may be used as its common seal.
(12) the common seal, or cap referred to in subsection (11) shall be kept in the custody of any person directed by the Corporation and shall be authenticated by the person.
(13) all deeds, documents and other instruments purporting to be sealed with the seal, certified as 030b.fm Page 38 Tuesday, March 28, 2006 9:13 AM 39 universities and university colleges provided in subsection (12) shall be deemed to have been validly executed until the contrary is proved.
(14) any document or instrument which if executed by a person not being a body corporate is not required to be sealed may be executed in a way that similar by the Corporation; and the document or instrument may be executed on behalf of the Corporation by any officer or employee of the Corporation who authorized generally or specially by the Corporation for that purpose.
(15) the seal of every corporation shall be officially and judicially noticed.
Travel study, etc., together, etc., with any University 4 c. The University may, with the approval of the Minister, conduct any course of study or training programme, or in association with together, combined, joint ventures or otherwise, with any university or institution of higher education or educational institutions or other organizations within or outside Malaysia.
Distinctions of race and creed prohibited 5. Subject to article 153 of the Constitution state assemblymen, membership of the University, whether as an officer, teacher or student, is open to all persons irrespective of sex, race, religion, nationality or class; and there is nothing about the test or professing religious belief can be made or held to mengehakkan someone sits or to give to someone any degree or university diploma, and even there anything fellowship, scholarships, assistance, scholarship, medals, prizes or honours or awards can be limited to persons of a particular race, religion, nationality or class specific if the expenses thereof payable out of the General Fund of the University.
Seal Of The University 6. (1) the seal of the University is the seal of approved by the Chancellor on the recommendation of the Board in such manner approved that the seal may from time to time be broken, changed, altered and made anew.
(2) the common seal of the University shall be kept in the custody of the Vice-Chancellor.
(3) the common seal of the University shall not be stamped on any instrument except in front of — (a) the Vice-Chancellor; and (b) another Member of the Board,

who must sign the instrument as a sign showing the said seal stamped in front of them and the signature is evidence enough that the seal has been affixed properly and supposed and that the seal was the seal of the University.
030b.fm Page 39 Tuesday, March 28, 2006 9:13 AM 40 laws of Malaysia ACT 30 (3A) if the instrument referred to in subsection (3) is the scroll of a degree, diploma, certificate or other academic distinctions, seal of the University shall be affixed thereto before the Vice-Chancellor and senior officials authorized by the Vice-Chancellor.
(4) the seal of the University shall be officially and judicially noticed.
(5) any document or instrument which (if executed by a person not being a body corporate) is not required to be sealed may be executed in a way that by the University provided that document or instrument shall be executed on behalf of the University by an officer or any other authorized person generally or specially by the Board.
OFFICERS Of The UNIVERSITY Chancellor PART II 7. (1) a Chancellor shall be the head of the University and shall preside at any Convocation when attending the course and shall have such other powers and perform any other duties conferred or imposed upon it by this Constitution or any statute, rules or regulations.
(2) the Chancellor shall be appointed by the Yang di-Pertuan Agong on the advice of the Minister, for a period of not more than seven years as may be determined by the Yang di-Pertuan Agong.
(3) the Chancellor may, with a letter sent by him to the Yang di-Pertuan Agong resign his Office, or he could be fired by the Yang di-Pertuan Agong.
(4) a person is eligible to be re-appointed for the post of Chancellor.
Pro-Chancellors 8. (1) the Chancellor may appoint, on the advice of the Minister, the person he thinks fit as Pro-Chancellor.
(2) if by any reason the Chancellor is unable to carry out any of its functions under this Constitution or any statute, rules or Regulations, he may authorize any Pro-Chancellors exercise such functions on his behalf.
(3) every Pro-Chancellor shall hold office for a term's Chancellor.
The Vice-Chancellor and Deputy Vice-Chancellor 9. (1) a of the Vice-Chancellor shall be appointed by the Minister, after consultation with the Board.
030b.fm Page 40 Tuesday, March 28, 2006 9:13 AM universities and university colleges 41 (2) (Cut by the Act A295). (3) the Vice-Chancellor shall be the Chief Executive Officer and academic for the University. (4) be the duty of the Vice-Chancellor determines that the provisions of this Constitution and the provisions of the Statute, the rules and regulations are complied with, and he has all the powers necessary for this purpose and, in particular, to ensure that every authority or Committee always act in accordance with the powers or duties specified.
(5) subject to the provisions of this Constitution, the Vice-Chancellor shall exercise general supervision over all the rules about teaching, research, finance, administration, welfare and discipline at the University, and may exercise such other powers as may be conferred upon him by this Constitution and any statute, rules or regulations.
(6) (Cut by the Act A295). (7) the term 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.
(8) there shall be at least one Deputy Vice-Chancellor; Deputy Vice Chancellor or Deputy Vice Chancellor, as the case may be, shall be appointed by the Minister after consultation with the Vice-Chancellor, and any fit and proper person be appointed in such a way either from within or without the University; the limits of Office and other conditions of service of an Deputy Vice-Chancellor shall be determined by the Minister after consultation with the Vice-Chancellor, and shall be binding on the University.
(9) If for a prolonged period the Vice-Chancellor is unable due to illness, holidays or any other reason to carry out any of the functions of his Office, the Deputy Vice-Chancellor or, if there is more than one Deputy Vice-Chancellor, any one of them as may be nominated by the Minister shall exercise such functions; and in the event the Deputy Vice-Chancellor or all Deputy Vice-Chancellors (if more than one) there is no or, the Minister shall make such temporary arrangements as he may deem fit for the exercise of such functions.
Registrar, Bursar and senior Library 10. (1) a Registrar, Bursar and library officer shall serve as full-time officers of the University and shall have such powers and duties as may be prescribed by statute.
(2) the Registrar, Bursar and library officer shall be appointed by the Board on the advice of the selection Committee.
(3) subject to the provisions of this Constitution, the term of Office and other conditions of the appointment of the Registrar, Bursar and senior Library shall be determined by the Board.
030b.fm Page 41 Tuesday, March 28, 2006 9:13 AM 42 laws of Malaysia ACT 30 other officers 11. The University may appoint officers or other servants as may be prescribed by statute.
PART III The UNIVERSITY AUTHORITIES Authority 12. (1) the authorities of the University Board, the Senate, faculties, schools, centres, academies, institutes, the studies Committee, the selection Committee, the student welfare committee, and other body as may be prescribed by statute as an authority of the University.
(2) subject to the provisions of this Constitution, the composition, powers and procedures of the authority shall be determined by statute.
(3) the provisions of the Second Schedule shall apply to members of the authority who are not ex-officio.
The Board of Directors 13. The Board of Directors shall consist of — (a) the Chairman;
(b) the Vice-Chancellor;
(c) two persons representing the Government;
(d) one person who represents a community place, home to the University; and (e) not more than three persons with knowledge or experience they can, in the opinion of the Minister, assists the Board, at least one of them from the private sector.
Provisions relating to Board 14. (1) appointment of members of the Board, except the Vice-Chancellor, shall be made by the Minister for a period of three years and upon the expiry of the members of the Board is eligible for reappointment.
(2) the Secretary of the Board, which can be a Board member or non-member of the Board, shall be appointed by the Chairman.
(3) the Chairman and three other members of the Board shall constitute a quorum for any meeting of the Board.
(4) members of the Board shall be paid such remuneration or allowance as determined by the Minister.
(5) subject to this Constitution, the Board may determine its own procedure.
030b.fm Page 42 Tuesday, March 28, 2006 9:13 AM universities and university colleges 43 temporary exercise of functions of the Chairman 15. (1) the Minister may appoint any member of the Board to carry out the functions of the Chairman during any period as Chairman for any reason is unable to exercise his functions or during any period of vacancy in the Office of the Chairman.
(2) a member appointed as Chairman under subsection (1) shall, within the period of he carries out functions of the Chairman, under this section, be deemed to be the Chairman.
Power Board 16. (1) the Board is a body of work for the University, and may exercise all the powers conferred upon the University, except in so far as the powers conferred by this Constitution or Statutes, rules and regulations to an authority or other body or to an officer of the University.
(2) no resolution can be approved by the Board in respect of any matter within the authority of the Senate, unless the Senate first given the opportunity to register and send its opinion to the Board on the matter.
Senate 17. (1) the Senate shall consist of — (a) the Vice-Chancellor, who shall be the Chairman;
(b) all Deputy Vice Chancellor;
(c) all faculty deans and all heads of schools, centres, academies and institutes of the University;
(d) not more than twenty people professors shall be determined by the Vice Chancellor.
(1A) the Vice-Chancellor may from time to time mengko-opt of any other person to become a member of the Senate or to attend meetings of the Senate.
(1B) in the absence of the Vice-Chancellor, a Deputy Vice-Chancellor shall preside at meetings of the Senate.
(2) the Senate shall be the academic body of the University and, subject to the provisions of this Constitution, statutes, rules and regulations, to regulate and provide general instruction on teaching, research and examination, and the award of degrees, diplomas, certificates and other academic distinctions.
(3) in carrying out its duties, functions and responsibilities, the Senate may delegate any of its duties, functions and responsibilities to its members or a Committee consisting of its members.
030b.fm Page 43 Tuesday, March 28, 2006 9:13 AM 44 laws of Malaysia ACT 30 faculty, school, Centre, Academy, Institute of 18. (1) the University shall be divided into a number of faculties, schools, centres and institutes of the Academy its name respectively as may be prescribed by statute.
(1A) the University may, after consultation with the studies Committee, set up departments or other units or bodies in respect of a faculty, school, Centre, Academy and Institute.

(2) a faculty, school, Centre, Academy and Institute shall be responsible to the Senate upon instruction in the subject of study within the jurisdiction of the faculty, school, Centre, Academy and Institute, as the case may be, and may exercise such other functions as may be conferred upon him by Statute, rules or regulations.
(3) the Vice-Chancellor shall appoint a Dean of each faculty and at least one Deputy Dean. The Dean shall be the Chairman of the Faculty and shall exercise such other functions as may be conferred upon him by statute, rules or regulations; and if the Dean is unable to perform the duties of his Office on leave or for any other reason, it shall be lawful for the Deputy Dean or any other senior officer appointed by the Vice-Chancellor to perform the duties of the Dean over the duration of the Dean is unable to perform the duties of his Office.
(4) the Vice-Chancellor has the power to appoint a person as the head of a school, a centre, an Academy and an Institute and the head is to be given the title as may be prescribed by statute, rules or regulations; and if a school, Centre, Academy and Institute unable to perform its obligations on leave or for any other reason, the Vice-Chancellor may, except as otherwise provided by statute, to appoint any person to carry out the obligation for the term of the Chief is unable to perform its duties.
(5) a Dean, a Deputy Dean or the head of a school, a centre, an Academy and an Institute appointed under subsection (3) or (4) as the case may be, shall be appointed for a term of not more than four years, but shall be eligible for reappointment.
(6) Notwithstanding subsection (5), the Vice-Chancellor may, if it thinks fit, revoke any appointment made under subsection (3) or (4) at any time during the period of the appointment.
Studies Committee 19. A studies Committee may be appointed by the Senate for one of the following purposes: (a) to manage the item of any Faculty, school, Centre, Academy and Institute; and 030b.fm Page 44 Tuesday, March 28, 2006 9:13 AM 45 universities and university colleges (b) to consider the proposals referred to it by the Senate for the formation of the Faculty, school, Centre, Academy and Institute a new one, and in any one thing, studies Committee shall make a report thereon to the faculty, school, Centre, Academy, Institute, or to the Senate, in accordance with the requirements of the situation.
The Selection Committee 20. (1) the selection Committee for the purpose of appointment to a Chair shall consist of — (a) the Vice-Chancellor, who shall be the Chairman; (b) two members of the Board who are appointed by the Board; (c) the Dean of the faculty or the head of school, Centre, Academy or Institute to which the Seat assigned; and (d) two members of the Senate appointed by the Senate.
(2) except as provided in subsection (3) the selection Committee shall be summoned by the Vice Chancellor and the meeting shall be chaired by the Vice-Chancellor.
(3) when made a decision to fill a position except the position of a Chair, the Board may, on the recommendation of the Vice-Chancellor, appoint different selection committees for different appointments and the selection Committee called a meeting for that purpose shall be chaired by the Deputy Vice-Chancellor, or, if he is not available, by a member elected by the members present in the meeting.
(4) If the Deputy Vice Chancellor is not a member of the Select Committee, for the purpose of the meeting and he presides under subsection (3) and for the purpose of decisions made in the meeting, he shall be deemed to be a member of the selection Committee.
(5) the external expert Participation in making appointments can be set by statute.
The student welfare Committee 21. (1) a student welfare committee shall be established consisting of the Vice Chancellor and other persons as may be appointed by the Board.
(2) the student welfare committee shall have such powers as may be prescribed by statute.
The Guild of graduates or the Alumni of the University of 22. (1) subject to the approval of the Board, shall be valid for a total of not less than thirty Graduate University establish an association named the Guild of graduates or the Alumni of the University.
(2) the Guild of graduates or the Alumni of the Graduate shall be organized and administered in accordance with its Constitution and rules made 030b.fm Page 45 Tuesday, March 28, 2006 9:13 AM 46 laws of Malaysia ACT 30 by it but no such Constitution or rules made it or anything its amendments can come into effect unless and until it has been approved in advance by the Board.
(3) no nothing in this section shall be construed as making the Guild of graduates or the Alumni of the University is an authority of the University or as giving any power to him to choose, as its representative to the Board, the person who at the time worked with the University as the academic and non-academic staff.
The term of Office for members of the authority 23. (1) except as may be prescribed by this Constitution or by any statute, the term of Office of a person elected or appointed as a member of an authority, with the exception of ex-officio members, was three years: provided that — (a) if the person elected or appointed because he holds an Office or because he's a member of an authority or other body, he shall cease to be a member of the authority if before the expiration of his Office that he ceases to hold office or be a members of the authority or the body; and (b) a person who ceases upon the expiry of his Office can be selected or re-election if eligible.
(2) If a person to be a member ex-officio of an authority, a person appointed to act his Office shall also be ex-officio members of the authority as long as he did this the posts and eligible.
(3) the decision of an authority shall be valid even if there is a vacancy among its members.
Meeting 23A. (1) the authority shall meet as and when required to do so by the Chairman of the authority.
(2) the Chairman shall preside at meetings of the authority and in his absence the members of the authority shall appoint one of them to chair the meeting.
(3) the quorum for meetings of the authority, other than the Board, shall be determined by statute.
More voice 24. (1) subject to the provisions of this Constitution and to any statutes, rules or regulations, of a question and in a meeting of any Authority shall be decided according to the advantage of the votes of the members present.
030b.fm Page 46 Tuesday, March 28, 2006 9:13 AM 47 universities and university colleges (2) the Chairman of the authority and every Member shall have and may exercise one vote each, but in the event that the number of votes equal, the Chairman or a member who chaired that meeting shall have and may exercise a casting vote.
PART IV Of The STATUTE, The Rules And Regulations Of The Statute 25. Subject to the provisions of this Constitution, the statute can be made to manage any or all the following: (a) the powers and duties of officers of the University;
(b) the composition, powers, duties and procedure of the University authorities;
(c) the methods of appointment and conditions of service of officers and teachers of the University, except in relation to their discipline;
(d) prescribing the degrees, diplomas, certificates and other academic distinctions to be conferred by the University;
(e) the conditions for entry and residence and welfare of students;
(f) the management of the library;
(g) all other matters which may be regulated by statute under this Constitution; and (h) matters incidental to or arising from the matters mentioned above.
Procedures for make, amend or revoke the Statute 26. (1) subject to the provisions of this section, the Chancellor can make, revoke or amend any statute.
(2) a proposal to make a new Statute, or revoke or amend any statute, shall be prepared by the Board.
(3) a proposal for a new Statute, or to any amendments to a statute, concerning any of the following matters, namely: (a) the powers and duties of the Dean of a faculty or the head of a school, a centre, an Academy and an Institute;
(b) the composition, powers, duties and procedure of the Senate, faculties, schools, centres, academies, institutes, the studies Committee, selection Committee, or the student welfare Committee;
030b.fm Page 47 Tuesday, March 28, 2006 9:13 AM 48 laws of Malaysia ACT 30 (c) prescribing the degrees, diplomas, and other academic distinctions to be conferred by the University;
(d) the methods of appointment and conditions of service for teachers;
(e) the conditions of residence and student welfare;
(f) the management of the library; and (g) all other matters within the jurisdiction of the Senate under this Constitution or any statute, shall not be submitted to the Chancellor until the proposal has been referred to the Senate and the Senate has reported his opinion on the matter to the Board.
(4) (struck by Act A946).
Rules 27. Subject to the provisions of this Constitution and Statute, rules may be made for all or any of the following matters: (a) the principles with respect to the award of degrees, diplomas, certificates and other adademik;
(b) the number and scope of examinations;

(c) the appointment, powers, duties, remuneration and conditions of service for the examiner and conduct of examinations;
(d) admission examination, students in degree and diploma courses of the University and to live in the University;
(e) the methods of appointment and conditions of service for people who work with the University, except in relation to their discipline;
(f) to establish and make regulations on the pension scheme, the retirement scheme and provident fund scheme for the benefit of employees of the University or any class of them;
(g) conditions of residence and student welfare;
(h) the fee will be charged for courses of study, for shelter, for markings, for degrees, diplomas, certificates and other academic distinctions and any other charges that may be imposed by the University;
(i) the management of lecture halls, library, information resources, laboratories, research centres, building shelter, and all branch activities of the University that are not specifically provided for in this Constitution or by statute;
(j) the composition, powers and duties of any Committee or other body that is not specifically provided for in this Constitution or by statute;
030b.fm Page 48 Tuesday, March 28, 2006 9:13 AM 49 universities and university colleges (k) all matters may, in accordance with this Constitution or any statute, may be prescribed by rules;
(l) all matters within the authority of the University and which are not otherwise provided by this section in this Constitution.
Procedures for make, amend or revoke rules 28. (1) subject to the provisions of this section, the Board may make, amend or cancel any Rule.
(2) the draft of a Method in respect of — (a) any matter referred to in paragraph 27 (a), (b), (c), (d), (g) and (i); or (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 any opinions or suggestions for amendment, and no such Method can be made until the Senate has agreed to it.
Regulations 29. (1) the Board and the Senate may each make regulations on its own procedure.
(2) the Board may, after consultation with the Senate make regulations about the procedure of the selection Committee.
(3) the Senate may make regulations about the procedure of a faculty, school, Centre, Academy or Institute, studies Committee or any Committee or other body subject to the jurisdiction of the Senate.
(4) the Senate may make regulations to prescribe the courses of study or syllabus for examination.
(5) regulations may be made by any Authority if the authority authorised by this Constitution, statute or rules.
Statutes, rules and regulations 30. (1) when a new statute or rules made, amended or revoked every such Statute, rules, amendment or cancellation shall be published in the Gazette and in such other manner as the Board may direct.
(2) the Statutes, rules and regulations of the University as amended from time to time shall be published in the form of books according to the intervals as directed by the Board, and copies shall be held for the general public at an affordable price.
030b.fm Page 49 Tuesday, March 28, 2006 9:13 AM 50 laws of Malaysia ACT 30 (3) no nothing in this section shall apply to — (a) a Rule or rules that contain only instructions to examiners or invigilators; or (b) a method or rules that, in accordance with the resolution of the Board, will not be published.
The Constitution, disputes between statutes, etc.
31. In the event of — (a) a statute inconsistent with the provisions of this Constitution; or (b) a Method inconsistent with the provisions of this Constitution or any statute; or (c) a Rule contrary to the provisions of this Constitution or any statute or rules, provisions of the Constitution, statute or rules, as the case may be, shall apply, and statutes, rules or Regulations, as the case may be, shall be void in so far as the contrary.
Part V FINANCIAL PROVISIONS Standing Finance Committee 32. The Board shall appoint a standing Finance Committee for co-ordinating and controlling the finances of the University.
Provide an estimate of 33. It shall be the duty of any officer or officers of the University as may be prescribed by statute to provide, for consideration of the Vice-Chancellor, the University estimated income and expenditure for each financial year.
Financial year 34. (1) for the purposes of this part of the financial year is the calendar year, or such other period as may be prescribed by the Board.
(2) the accounts of the Board shall as soon as possible, be balanced for the previous financial year and an annual statement or abstract thereof shall be provided.
(3) annual statement or summary referred to in subsection (2) shall be prepared in such form and contain such information as the Board may direct from time to time.
030b.fm Page 50 Tuesday, March 28, 2006 9:13 AM universities and university colleges annual Estimates 51 35. (1) the Board shall, not less than four months before the end of the financial year, adopt estimates of revenues and expenses for the University for the next financial year and submit the estimate, along with reviews of the Board about it, to the Minister.
(2) before the date fixed for the meeting of the Board for the purpose of approving the estimates, standing Finance Committee shall prepare the draft budget to be submitted to the Board, and a copy of the estimates shall be given to each Member of the Board not less than seven days before the date fixed for the meeting.
(3) subject to the provisions of subsection (1), the Board may, in its discretion, approve, modify or reject all or any of the details contained in the draft estimates or refer back any details to the Standing Finance Committee for its consideration or add any item in the draft estimates.
36 supplementary estimates. If additional funding is required in a given year, the Board may from time to time approve supplementary estimates for the purpose of indicating the source of these cases an additional expenses incurred by him may be paid.
Can't do any expenses unless included in the Estimated 37. (1) the Board shall not do any expenses that are not included in an approved estimates: provided that, subject to the provisions of this Constitution the Board may transfer all or any part of the moneys assigned — (a) to one item of annually recurrent expenditure to one item of annually recurrent expenditure other;
(b) to one item of capital expenditure to an item of capital expenditure to another.
(2) subsection (1) shall not apply to — (a) the money deposited with the University by any person if, in accordance with the terms of the deposit, any money that was due to be repaid;
(b) money collected and credited to the funds of the University with the mistaken;
(c) moneys payable by the University pursuant to any judgment or order of court;
(d) the money spent by the University to bring or defend proceedings in law; and 030b.fm Page 51 Tuesday, March 28, 2006 9:13 AM 52 laws of Malaysia ACT 30 (e) expenses arising from any property or moneys referred to in section 39.
The Form Of The Estimated 38. Annual estimates 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 of annually recurrent expenditure and capital expenditure of the University.
The power of the Board to receive gift 39. (1) the Board may, on behalf of the University received as grant, gift, testamentary, subsidy, legacy or otherwise, property or money to help finance the University on such conditions as may be prescribed by him.
(2) the register shall be maintained of all donations to the University including the names of donors to the University and any special conditions of a donation given.
Property given for a specific purpose shall be separately accounted for 40. All property or money that is provided for a specific purpose should be used and administered in accordance with the purposes of property or money that has been given and shall be accounted for separately.
Contract form 41. Any contract involving the expenditure of the University shall be in writing and signed on behalf of the University by any employee, officer or employee of the University duly authorised by the Board, whether specifically in any particular case or generally for all contracts below a certain value or otherwise as may be specified in the authorisation.
42. (struck by Act A946).
43 audit. (1) the accounts of the University shall be audited annually by an auditor appointed by the Board.
(2) the audited Accounts, as well as any opinions made about it by the Auditor, shall be presented to the Minister.
PART VI GENERAL PROVISIONS 44 Convocation. (1) the Convocation to deliver degree shall be held each year, or as often as according as directed by the Chancellor on the date approved by the Chancellor.

030b.fm Page 52 Tuesday, March 28, 2006 9:13 AM 53 universities and university colleges (2) if the Chancellor is absent or if the Pro-Chancellor authorised for this purpose by the Chancellor in the absence of the Vice-Chancellor shall be the Chairman of convocation.
(3) (struck by Act A946).
The appointment of teachers and staff, 45. (1) all persons employed or to be employed by the University as a teacher, Registrar, Bursar or library officer, shall be appointed as such by the Board on the advice of the selection Committee.
(2) all persons employed or to be employed by the University except those referred to in subsection (1) shall, subject to any rules or statutes, appointed by the Board.
(3) every person employed by the University shall hold office in accordance with such conditions as may be prescribed by the Board and such terms to be determined shall be deemed to include a provision — (a) in relation to the duty of teaching, examining, supervising and such other obligations, that his work is subject to the provisions of this Constitution and to the provisions of all statutes, rules and regulations as amended from time to time; and (b) in relation to all other terms of service, that his work is subject to the provisions of this Constitution and to the provisions of all statutes, rules and regulations in force at the date he began to work.
(4) no nothing in this section prohibits the Board make any special contract with a person to be employed by the University if the Board considers expedient to do so.
46 Royal Professor. (1) Notwithstanding section 20 and 45, the Yang di-Pertuan Agong may, after consultation with the Vice-Chancellor, from time to time appoint people who have exceptional academic distinctions as a Professor of the University: provided that the number of the person appointed shall be at any time more than three people.
(2) any person appointed under subsection (1) shall be known as Royal Professor and — (a) shall hold office in accordance with such terms and conditions as he thinks fit by the Chancellor with the agreement of the Yang di-Pertuan Agong; and (b) subject to the terms of his appointment and to any direction by the Chancellor, shall have all the powers and perform the 030b.fm Page 53 Tuesday, March 28, 2006 9:13 AM 54 laws of Malaysia ACT 30 obligations given or ditanggungkan on the Professor by this Constitution and any statute, rules and regulations made thereunder.
All appointments shall be subject to the universities and University Colleges Act 1971 and any subsidiary legislation thereunder 46A. Notwithstanding section 45 and 46 or other provisions of this 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, including rules made under section 16C of the Act, and the terms and conditions of their employment or appointment shall be deemed to include a provision which means that.
Admission students 47. A student cannot be admitted to the University in a course of study for a degree unless he has met the requirements laid down by the rules: provided that, except with the consent of the Minister, the students who have been granted a scholarship by the federal or State scholarship, loan or other similar financial assistance from public funds for university degree courses, shall not be rejected if they meet the requirements.
The Council Delegation 48 Students. (1) the registered students of the University, other than external students, shall together be a body to be named the University Students Union (hereinafter in this Constitution referred to as "the Union").
(2) the Union shall elect a students ' Delegation Council (hereinafter in this Constitution referred to the "MPP") according to the following ways: (a) the registered students per Faculty, school, Centre, Academy and Institute shall elect through a secret vote conducted by the Dean or the head of school, Centre, Academy or Institute, as the case may be, a number of registered students of the same numbers of Faculty, school, Centre , Academies and institutes is to be represented in the SRC, as determined by the Vice Chancellor; and (b) the registered students as a whole shall elect by secret vote conducted by any officer appointed by the Vice Chancellor for that purpose, a number of students registered, according as shall be determined by the Vice Chancellor, to be represented in the SRC, and the number of the student shall, however, not more than half of the number of representatives elected under paragraph (a).
030b.fm Page 54 Tuesday, March 28, 2006 9:13 AM 55 universities and university colleges (3) the src shall elect from among its members a President, a Vice President, a Secretary and a Treasurer and only they are the only ones who become bearers, unless otherwise permitted in writing by the Vice-Chancellor; bearers such as may be allowed by the Vice-Chancellor shall be elected by the COUNCIL from among the members of the SRC.
(4) members of the src and bearers shall be elected for one year.
(5) the results of the SRC shall be taken in accordance with the most votes by not less than two-thirds of the members present and voting.
(6) the src may be formed from time to time, with the prior approval in writing of the Vice-Chancellor, ad hoc committees from among its members for the purpose or a particular purpose.
(7) no student that results of disciplinary proceedings against him are still pending, or who has been found guilty of a disciplinary offence, may be selected or continue to be a member of the SRC or an office bearer of any body or Committee of students, unless authorised in writing by the Vice-Chancellor.
(8) a student who is not yet in the first examination at the University for his course of study or that have failed or that are not in the new examination held by the previous University for his course of study before only a selection or selection for the src or by the src or for or by any organization or body of another student is disqualified to be selected in the selection or the selection.
(9) there is nothing in this section shall prevent a person graduate, who is registered as a student for a higher degree or a post-graduate diploma, from becoming an associate member of the Union.
(10) the purpose and functions of the SRC is to: (a) foster the spirit of life as a corporation among university students;
(b) subject to the directions of the Vice-Chancellor, organize and supervise student welfare facilities in the University including recreational, spiritual and religious activities, and the supply of food and drink;
(c) to make representations to the Vice-Chancellor on all matters relating to or concerning the circumstances of life and the work of students of the University;
(d) are represented in any body that can, in accordance with rules made by the Board appointed for the purpose, to undertake student welfare activities in the University; and 030b.fm Page 55 Tuesday, March 28, 2006 9:13 AM 56 laws of Malaysia ACT 30 (e) undertake any other activities as may be prescribed by the Board from time to time.
(11) the Union or the src cannot maintain any fund or make any collection of money or property from any cause whatsoever, but any reasonable expenses that may be incurred by the SRC with the prior authorized in writing by the Vice-Chancellor may be paid by the University if reasonable written claims supported by receipts and vouchers submitted by the SRC to the Vice-Chancellor and approved by the Vice Chancellor.
(12) the Treasurer shall keep an account of the SRC properly and not later than three months after the end of every financial year, being a financial year as determined by the Vice Chancellor, a copy of the accounts are audited by a person appointed by the Board shall be submitted by the SRC to the Board for approval.
(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.
(14) for the purposes of this section "registered student" means a student who is pursuing a course of study at the University for a degree or a diploma, not being a post-graduate diploma, and includes a student who holds a diploma and is pursuing a course of study for a degree: provided that a student is cease to be a student registered within the meaning of this subsection — (a) upon the publication of the results of the final examination for such course of study If he passes such examination; or (b) upon the publication of the results of an examination for such course of study, if he failed in the exam, so he, subsequently, registered again for such course of study or for a course of study in respect of the other person registered student under this subsection.
The establishment of other student bodies

49. (1) Notwithstanding section 48 legal law for not less than ten students of the University with the prior approval of the Board and subject to such terms and conditions as may be determined by the Board, to establish a student body consisting of students of the University for the promotion of a specific object or interest within the University.
(2) subsection 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.
50. (Cut by the Act A295).
030b.fm Page 56 Tuesday, March 28, 2006 9:13 AM 57 universities and University Colleges Act which go beyond the limits of the constitutional powers of the src or a student body 51. (1) if the Union or the src or a student body established under section 49 conducts its affairs in which, in the opinion of the Board, may damage or harm kesentosaan or good name of the University or acts in contravention with the Constitution of the University or its Constitution itself, or any statute, rules or Regulations of the University, the Board may suspend or dissolve the Union or the src or the said student body , as the case may be; and without prejudice to any liability that may arise under any other written law in force, every office bearer of the Union or the src or the said student body, as the case may be, may be removed from the University or apply any disciplinary punishment.
(2) subsection (1) are in addition to and not in derogation from section 16 universities and University Colleges Act 1971.
Power to delegate 52. (1) where in accordance with the provisions of this Constitution or any statute, rules or regulations, an officer or an authority empowered to exercise any power or perform any duty, the officer or authority may by instrument in writing and subject to this section and to any conditions and restrictions specified in the instrument, delegate the power or duty is that carried out by any authority or Committee or any person specified in the instrument by name or his Office.
(2) a delegation under this section may be revoked at any time by the officer or authority making such delegation.
(3) no delegation of any power or duty of the delegation under this section shall affect the right of the officer or authority making such delegation to exercise the powers or perform the obligation.
(4) no nothing in this section shall apply to any power to make or approve statutes, rules or regulations.
Nuclear disarmament, degrees, etc., on the ground that wrong I'm 53. (1) if any member of an authority, or a student of the University, or a person who has received a degree, diploma, certificate or other academic distinctions of the University, convicted by a Court of an offence criminal bad either within or outside of Malaysia, or in the opinion of the Board commit scandal, valid for the Chancellor, with the support of not less than two-thirds of all the members of the Board of — (a) remove them from becoming a member of the authority; or (b) depriving it of any degree, diploma or other academic distinctions were conferred upon him by the University.
030b.fm Page 57 Tuesday, March 28, 2006 9:13 AM 58 laws of Malaysia ACT 30 (2) the Act of scandal in subsection (1) include willfully give any employee, officer, employee or the University authorities any information or document that is false or misleading in any material particulars in order to obtain a degree, diploma, certificate or other academic distinctions of the University.
Disputes about the selection decision by Minister 54. If any question arises as to whether a person has been elected, appointed, nominated or elected in a member of the successful completion of or entitled to become or continue to be a member of any authority or body in the question and the other universities shall be referred to the Minister and his decision shall be final.
55. (Cut by the Act A80).
ANNOTATIONS [this table has been modified to apply to the University the following: 1. Universiti Kebangsaan Malaysia see P.U. (A) 110/112/1974 and 1978;
2. Universiti Teknologi Malaysia see P.U. (A) 230/1976, 231/1976, 118/119/1978 and 1978;
3. University Putra Malaysia see P.U. (A) 410/116/1976 and 1978;
4. The University see P.U. (A) 110/1978;
5. Universiti Sains Malaysia see P.U. (A) 268/1975 and 114/1978; and 6. Universiti Utara Malaysia see P.U. (A) 348/1986.]
030b.fm Page 58 Tuesday, March 28, 2006 9:13 AM universities and university colleges 59 SECOND SCHEDULE [Subsection 12 (3) of the Constitution] Disqualified 1. The following person is disqualified for appointment as or to be a member of an authority of the University: (a) if it has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under the law relating to corruption;
(iii) an offence under this Act; or (iv) any other offence punishable with imprisonment for a term not exceeding two years; (b) if he becomes bankrupt; or (c) if he is found or specified is not of unsound mind or is otherwise incapable of managing its affairs.
Cease to be a member of the 2. A member of the authority shall cease to be a member — (a) if he fails to attend meetings of the authority three times in a row without the permission of the Chairman of the authority; or (b) if the appointment is revoked.
The resignation of 3. A member of the authority may resign by giving one month's notice in writing to the Chairman of the authority.
Filling vacancy 4. If any person ceases to be a member of the authority by reason of the provisions of this Act, another person may be appointed to fill the vacancy for the remaining period for which the Member was appointed.
Allowance 5. Members of the authority shall be paid an allowance as determined by the Minister.
The authority may invite others to attend meetings 6. (1) the authority may invite any person to attend the meeting or deliberation of the authority for the purpose of advising it on any matter under discussion but that person is not entitled to vote at the meeting or deliberation.
030b.fm Page 59 Tuesday, March 28, 2006 9:13 AM 60 laws of Malaysia ACT 30 (2) a person invited under subparagraph (1) shall be paid such allowance as determined by the authorities.
Minute 7. (1) the authority shall cause minutes of all its meetings to be maintained and stored in a proper form.
(2) minutes made of meetings of the authority shall, if duly signed, admissible in evidence in all legal proceedings without further proof.
(3) every meeting of the authority in respect of the proceedings thereon: such has been made shall be deemed to have been duly convened and held and all members at a meeting duly qualified to act.
Disclosure of interest 8. (1) a member of the authority who, directly or indirectly, himself or through his partner — (a) an interest in a company or undertaking which the Authority proposes to make a contract; or (b) an interest in a contract or matter under discussion by the authority, shall disclose the fact and the nature of the interest to the authorities.
(2) a disclosure under subparagraph (1) shall be recorded in the minutes of the authority and, unless specifically authorized by the Chairman, the Member cannot take part in the deliberation or decision of the Authority relating to the contract or that matter.
Validity of acts and proceedings 9. No act done or proceeding taken under this Constitution can be questioned on the ground that — (a) any vacancy in the membership of, or there is a defect in the establishment of, the authority;
(b) a contravention of paragraph 8 by a member of the authority; or (c) any omission, defect or ketidakteraturan that notwithstanding the merits of the matter.
030b.fm Page 60 Tuesday, March 28, 2006 9:13 AM 61 laws of MALAYSIA Act 30 UNIVERSITIES and UNIVERSITY COLLEGES ACT 1971 LIST AMENDMENT of laws that amend the short title of the Act in force A80 universities and University Colleges Act (Amendment) Act 1971, 24-09-A295 Act 1971 universities and University Colleges Act (Amendment) 1975 13-05-1975 Act A550 universities and University Colleges Act (Amendment) Act 1983, 20-02-1983 Act A946 universities and University Colleges Act (Amendment) 1996 * 01-10-1996 * NOTE – paragraph 2 , P.U. (B) 428/1996 — Minister suspend the effect of the whole A946 Act in respect of all universities and university colleges established under the universities and University Colleges Act.
– See also P.U. (B) 56/1997, P.U. (B) 102/1998 and P.U. (B) 163/1998 — Minister cancel the suspension of the effect of the whole A946 Act in respect of the universities mentioned in it.
030b.fm Page 61 Tuesday, March 28, 2006 9:13 AM 62 laws of MALAYSIA Act 30 UNIVERSITIES and UNIVERSITY COLLEGES ACT 1971 LIST of SECTION AMENDED Section Power amend with effect from 2 of the Act A946 01-10-1996 3 Act A946 01-10-1996 5 Act A550 20-02-1983 Act A946 01-10-1996

5A Act A550 20-02-1983 Act A946 01-10-1996 6 Act A80 24-09-1971 7 Act A946 01-10-1996 8 Act A946 01-10-1996 10 Act A946 01-10-1996 11 Act A80 24-09-1971 15 Act A295 13-05-1975 15A – 15 c of the Act 13-05-A295 1975 A295 Act 15 d 13-05-1975 Act A946 01-10-1996 16 A295 Act 13-05-1975 030b.fm Page 62 Tuesday, March 28, 2006 9:13 AM 63 universities and University Colleges Act 16A A295 13-05-1975 Act A946 01-10-1996 16B A295 Act 13-05-1975 Act A946 01-10-1996 16C A295 Act 13-05-1975 16D Act A946 01-10-1996 19 Act A946 01-10-1996 22 Act A295 13-05-1975 Act A946 01-10-1996 23 of A946 01-10-1996 24 Act A946 01-10-1996 24 a – 24D Act A946 01-10-1996 26 Act A946 01-10-1996 first schedule of Act 24 A80-09-1971 Act A295 13-05-1975 Act A550 20-02-1983 Act A946 01-10-1996 the second Table Act A946 01-10-1996 Section Power amend the effect from 030b.fm Page 63 Tuesday, March 28 , 2006 9:13 AM