Academy Of Arts Culture And National Heritage Act 2006

Original Language Title: Akademi Seni Budaya dan Warisan Kebangsaan Act 2006

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Academy of Arts Culture and national heritage 1 laws of MALAYSIA Act REPRINTING 653 ACT ACADEMY of ARTS CULTURE and NATIONAL HERITAGE, 2006 Containing all amendments to 31 August 2006 Academy of Arts Culture and heritage LAWS OF MALAYSIA National 1 REPRINT Act 653 ACADEMY of ARTS CULTURE and NATIONAL HERITAGE ACT 2006 Incorporating all amendments up to 31 August 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION MALAYSIA, UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 the ACT ACADEMY of ARTS CULTURE and NATIONAL HERITAGE, 2006 date of Assent.................. 15 June 2006 date of publication in the Gazette............ June 29, 2006 the laws of MALAYSIA Act 653 ACT ACADEMY of ARTS CULTURE and NATIONAL HERITAGE 2006 ARRANGEMENT of SECTIONS part I preliminary section 1. Short title and commencement 2. Interpretation Of PART II Of The ACADEMY Of ARTS Of The NATIONAL CULTURE And HERITAGE 3. The establishment of the Academy of Arts Culture and national heritage 4. Disapplication of Act 30, 550 and 555 5 Act Act. Power Academy 6. Faculty, Department or Centre 7. The course of study, are together, etc., with any University, etc.
PART III ESTABLISHMENT And POWERS Of The BOARD 8. The Board Of Directors 9. The powers and functions of the Board 10. Delegation of powers and functions of the Board 11. Committees Of The Board 12. The Board of Studies 3 law Malaysia4 ACT 653 PART IV OFFICERS and OTHER STAFF ACADEMY Section 13. Appointment, powers and duties of the Rector and Deputy Rector of 14. Registrar of 15. Treasurer 16. Appointment of other employees part V PROVISIONS RELATING to STUDENTS 17. Student disciplinary Academy 18. Students ' Representative Committee 19. The establishment of other student bodies 20. Dissolution of the SRC or a student body other 21. Prohibition penyekutuan student or organization, body or group of students with associations, etc., unless approved by Minister 22. Prohibition on collection of money by a student or organization, body or group of students 23. Criminal liability principle, etc., organisation, body or group of students 24. Presumption 25. Suspension and removal of a student who is charged with a criminal offence or against whom the criminal offence is proved, 26. The power of the Board to suspend or expel a student from the Academy PART VI FINANCIAL 27. Establishment Of Fund 28. Conservation Fund 29. Power to invest 30. Annual estimates of 31. Act statutory bodies (accounts and annual reports) 1980 32. The imposition of a surcharge Art Academy of culture and national heritage 5 PART VII GENERAL Section 33. Power of Minister to give directions 34. Power of Minister to delegate 35. Convocation 36. Public authorities Protection Act 1948 37. 38 public servants. Obligations of secrecy 39. Civil proceedings 40. Act or omission made in good faith 41. Delivery of 42. The power of the Board to make rules 43. Amendment Of Schedule PART VIII TRANSITION 44. Cancellation of registration the National Art Academy 45. The transfer of the powers, rights, duties, etc.
46. A transfer of title 47 property. Existing contract 48. Continuation of the civil and criminal proceedings is 49. Transfer Fund 50. Continuation of officers and staff of 51. 52 students. Disciplinary proceedings pending TABLE law Malaysia6 ACT 653 Academy of Arts Culture and national heritage 7 laws of MALAYSIA Act 653 ACT ACADEMY of ARTS CULTURE and NATIONAL HERITAGE, 2006 an act to provide for the establishment, maintenance and administration of the Academy of Arts Culture and national heritage and for other matters connected therewith.
[1 August 2006, P.U. (B) 213/2006]
Enacted by the Parliament of Malaysia as follows: part I preliminary short title and commencement 1. (1) this Act may be cited as the Act Academy of Arts Culture and national heritage, 2006.
(2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "Academy" means the Academy of Arts Culture and national heritage, which was established under section 3;
"Board" means the Board of Directors of the Academy of Arts Culture and national heritage, which was established under section 8;
Law Malaysia8 ACT 653 "Board of Education" means the Board of Education of the Academy established under section 12;
"Chairman" means the Chairman of the Board;
"Rector" means the Rector of the Academy appointed under section 13 as Chief Executive Officer of the Academy and "Deputy Rector" shall be construed accordingly;
"due date" means the date specified by the Minister under subsection 1 (2).
PART II of the ART ACADEMY of CULTURE and NATIONAL HERITAGE of the establishment of the Academy of Arts of the national culture and heritage 3. (1) there shall be established an Academy known as "Academy of Art culture and national heritage" (hereinafter referred to as "the Academy").
(2) the Academy shall be a body corporate with perpetual succession and full power and authority under such name — (a) to sue and be sued;
(b) to have and use a common seal and from time to time to break, change, alter or make new seal as he may deem fit;
(c) to enter into contracts, to acquire, take, hold and enjoy any kind of movable and immovable property, including any property that may be vested to it through purchase, or by any Exchange, grant, donation, lease, testamentary or otherwise;
(d) to transfer, assign, surrender, return, mortgage, sell, pledge, charge, lease, convert, mendemiskan, assign Academy of art culture and national heritage 9 again, transferred or otherwise disposed of, or make any arrangements regarding, any kind of movable or immovable property or any interest therein vested at the Academy, upon such terms as he thinks fit;
(e) to carry out, execute and deliver, in accordance with the provisions of this Act, all the powers, functions and duties conferred, assigned or imposed on the Academy by the provision.
(3) subject to the approval of the Minister, the Academy can organise studies, courses and training in the fields of culture, arts and heritage in particular including fine art, cinematographic or filming, choreography, drama, stage or cinematic, stage management, photography, design, creative arts, dance, creative writing, playing screen, script writing, archiving or subject related to archives, science library or library-related subjects , the subject of a Museum, the production of television or electronic media, music and teaching, courses or such other training as may be determined by the Board from time to time.
Disapplication of Act 30, 550 and 555 4 Act Act. Universities and University Colleges Act 1971 [Act 30], the Education Act 1996 [Act 550] and private higher education institutions Act 1996 [Act 555] shall not apply to the Academy.
Power Academy 5. The Academy shall, subject to the provisions of this Act, have the following powers: (a) to provide courses of study, to make provision for research, to hold examinations and to take such other steps as it appears necessary or desirable for education and training in the areas specified under subsection 3 (3) or as may be determined by the Board and approved by the Minister from time to time;
Law Malaysia10 ACT 653 (b) to provide qualification or award academic and professional internationally recognized, diplomas, certificates and other academic distinctions to those who have followed the courses of study approved by the Academy and has met any other requirements as determined by the Board;
(c) to give the award to those who have contributed to the development or dissemination of knowledge or who have performed distinguished public services as recommended by the Board in the areas of culture, arts and heritage;
(d) to determine and set the credentials for the purposes of acceptance into courses of study and examinations of the Academy;
(e) to hold the post for the purpose of academic and training centre, the position of Lecturer, and positions and other jobs, and make the appointment for him;
(f) to award recognition, medals, prizes and other types of honours or assistance in respect of education and training provided by or in the Academy;
(g) to enter into contracts and to appoint any staff either locally or from foreign countries, on terms agreed upon by both parties as may be required for the purposes of the Academy;
(h) to provide loans or advances to staff Academy in hunt for academic excellence;
(i) to provide a loan or financial assistance to deserving students upon such terms and conditions as may be approved by the Board;
(j) to carry out research and production for the promotion and use of research findings effectively;
(k) to market and memfrancais services, research findings, and products of the Academy;
(l) to demand and receive such fees as may from time to time determined by the Board, or as may be prescribed;
Academy of Arts Culture and national heritage 11

(m) to do such acts and things, whether incidental or not by the authority referred to earlier, as needed to add, complement, improve or meet the objectives of the Academy.
Faculty, Department or Centre 6. (1) the Academy may establish faculties, Department or centre as may, from time to time, be determined by the Board, and the faculty or Department or such Center shall have any name as may be conferred upon him by the Board.
(2) a faculty, Department or centre shall be headed by a Director appointed by the Rector.
(3) the head of a faculty, Department or centre shall be responsible to the Rector and shall perform any duties given to them by the Rector.
The course of study, are together, etc., with any University, etc.
7. (1) the Academy may, with the prior written approval of the Minister: (a) undertake any course of study in association or conjunction, collectively or in joint venture, franchise or otherwise, with any University, College, University, higher education institutions or professional bodies, or any organisation, in or outside Malaysia; and (b) undertake any course of study either whole or in part in or outside Malaysia.
(2) the approval of the Minister under subsection (1) may be made subject to such terms and conditions as the Minister thinks fit to determine.
(3) the Minister may not give approval under subsection (1) unless he is satisfied that the Academy had made all the necessary arrangements with universities, University colleges, higher education institutions, or professional bodies, or related, concerning the conduct of such course of study.
Law Malaysia12 ACT 653 (4) in this section, "Affiliate" includes conduct of twinning programmes.
PART III ESTABLISHMENT And POWERS Of The Board The Board 8. (1) there shall be established a Board of Directors of the Academy shall be known as the Board of Directors of the Academy of Arts Culture and national heritage.
(2) the Board shall consist of the following members: (a) a Chairman; (b) the Rector; (c) two persons representing the Government; (d) seven persons who in the opinion of the Minister whose qualifications and experience can help the Board and wellness Academy.
(3) appointment of members of the Board, except the Rector, shall be made by the Minister for a period not exceeding three years and at the end of the period, the Board shall be eligible for re-election.
(4) the appointment of any Member may be cancelled by the Minister at any time without giving reason of such cancellation.
(5) the Minister may appoint any member of the Board to carry out the functions of the Chairman — (a) if the Chairman is unable to, due to illness, vacation or any other reason, to perform its functions; or (b) during any period of vacancy in the Office of the Chairman.
(6) a member who is appointed as the Chairman under subsection (5) shall, during the period he function of Chairman under this section, be deemed to be the Chairman.
Academy of Arts Culture and national heritage 13 (7) the Registrar shall be the Secretary of the Board.
(8) five members of the Board shall form a quorum at any meeting of the Board.
(9) subject to this Act, the Board may determine its own procedure.
(10) the provisions of the first schedule shall apply to the Board.
The powers and functions of the Board 9. (1) the Board shall be the executive body of the Academy and may perform all of the powers granted to the Academy, except as provided otherwise by this Act or by any other subsidiary legislation made under this.
(2) the Board shall include conducting all activities and do all things necessary or advantageous and proper for the control and administration of the Academy.
Delegation of powers and functions of the Board 10. The Board may, subject to such conditions, limitations or restrictions as it thinks fit, delegate to any member or any Committee member to the power and authority to carry out and perform in his stead the powers or functions vested in the Board under this act as may be determined by the Board; and powers or functions delegated shall be exercised or performed by the members of the Committee or, as the case may be, in the name and on behalf of the Board, subject to the direction and control of the Board.
Committees Of The Board 11. (1) for the purpose to enable it to exercise its powers and perform its functions, the Board may appoint such committees as it considers necessary or required.
Law Malaysia14 ACT 653 (2) a Committee established under subsection (1) shall consider matters referred to it by the Board and make suitable recommendations thereon to the Board.
(3) the Chairman of a Committee established under subsection (1) shall be appointed by the Board or, if directed by the Board, by members of the Committee from among their number.
(4) subject to this Act, and to any directions given by the Board, a Committee established under subsection (1) may determine its own procedure.
(5) a Committee established under subsection (1) shall comply with any direction given to him from time to time by the Board and the Board may, at any time, discontinue or change the formation of the Committee appointed.
(6) the provisions of the first schedule, except for paragraph 7, shall apply to a Committee established under subsection (1) as they apply to the Board.
(7) in application of the first schedule for a Committee — (a) references to the Board shall be construed as references to the Committee; and (b) a reference to the Chairman shall be construed as references to the Chairman of the Committee.
The Board Of Education 12. (1) there shall be established the Board of Education of the Academy to advise the Board on all matters academic Academy.
(2) the Board of Education shall consist of — (a) the Rector as Chairman;
(b) all Deputy Rector;
(c) all heads of faculties, Department or Centre, as the case may be; and the Academy of art of culture and national heritage 15 (d) three members of the senior academic staff of the Academy appointed by the Board.
(3) the Registrar shall be the Secretary of the Board of Studies.
(4) appointment under paragraph 2 (d) shall be for a period specified in the letter of appointment.
(5) the Rector may appoint any other person sits on the boards of studies or to attend meetings of the Board of Studies, but the person appointed does not have voting rights.
(6) in the absence of the Rector, a Deputy Rector shall be the Chairman at any meeting of the Board of Studies.
(7) the Board of Education shall make recommendations to the Board on all matters relating to — (a) the contents and course of study provided in the Academy;
(b) methods of education, teaching and training in the Academy;
(c) standards of education in courses of study provided in the Academy;
(d) the curriculum and courses conducted in the Academy;
(e) the feasibility or otherwise of any proposal in respect of any curriculum or course of study conducted or to be conducted in the Academy;
(f) the determination of the qualifications required for admission to any course of study provided in the Academy;
(g) a proposal for the establishment of any new course of study to be carried out or termination of any existing course of study undertaken in the Academy; and (h) Academic Honor Award, fellowship, professional qualifications, gifts, scholarships and other academic distinctions.
Law Malaysia16 ACT 653 (8) no resolution can be approved by the Board in respect of any matter referred to in subsection (7) unless the Board of Studies has first given the opportunity to record and submit to the Board its opinion.
(9) for the purposes of its functions and enable it to meet its obligations, the Board of Education may appoint any Committee or Sub-Committee consisting of its members and also any person appointed as a member under subsection (5), provided that any person so appointed does not have voting rights.
(10) the Board may delegate any of its duties or functions to the Committee or committees are noticeably.
(11) subject to this Act, the Board may determine its own procedure.
(12) the provisions of the first schedule, except for paragraph 7, shall apply to the Board of studies is established under this section as it applies for the Board.
(13) The application of the first schedule for Board of Education — (a) a reference to the Board shall be construed as a reference to the Board of Education; and (b) a reference to the Chairman shall be construed as a reference to Chairman of the Board of studies.
PART IV OFFICERS and OTHER STAFF ACADEMY appointment, powers and duties of the Rector and Deputy Rector of 13. (1) there shall be a Rector who shall be appointed by the Minister.
(2) the Minister may, at any time, revoke the appointment of the Rector without assigning any reason therefor.
(3) subject to subsection (2), the terms of Office and other conditions of service of the Rector shall be determined by the Minister and shall be binding on the Academy.
Academy of Arts Culture and national heritage 17 (4) the Rector shall be the Chief Executive Officer, administration and academic Academy.

(5) it shall be the duty of the Rector to ensure that the provisions of this Act and any subsidiary legislation made under this Act have been complied with, and it shall have all the powers necessary for this purpose.
(6) the Rector shall, subject to the provisions of this Act and any subsidiary legislation made under this Act, carry out general supervision over the arrangements for education, teaching, training, finance, administration, welfare and discipline in the Academy, and may exercise all other powers conferred upon him by this Act and any subsidiary legislation made under this Act.
(7) there shall be one or more Deputy Rector who shall be appointed by the Minister, after consultation with the Rector.
(8) any person appropriate and proper whether from within or outside the Academy may be appointed as the Deputy Rector, and the terms of Office and other conditions of service of a Deputy Rector will be determined by the Minister after consultation with the Rector.
(9) where the Rector is unable, due to illness, holidays or any other reason, exercise any of the functions of his Office, the Deputy Rector or, if there is more than one Deputy Rector, any one of them as may be nominated by the Minister shall carry out such functions, and where Deputy Rector or all Deputy Rector (if more than one person) is absent or is unable to, the Minister shall make such temporary arrangements as it may deem proper for the exercise of such functions.
(10) the Deputy Rector named under subsection (9) shall act Office of the Rector within any period that the post of Rector is empty.
Registrar of 14. (1) the Academy shall have a Registrar which shall be appointed by the Board upon such terms and conditions of service approved by the Board.
Law Malaysia18 ACT 653 (2) the Registrar shall be the principal officer Academy registration office with the functions and duties as may be determined by the Board.
(3) the Registrar shall perform its functions and meet their obligations under the direction and control of the Rector.
Treasurer of 15. (1) the Academy shall have a Treasurer who shall be appointed by the Board upon such terms and conditions of service approved by the Board.
(2) the Treasurer shall be the principal financial officer of the Academy with the functions and duties as are submitted to it by the Board.
(3) the Treasurer shall perform its functions and meet their obligations under the direction and control of the Rector.
Appointment of other personnel 16. (1) the Board may appoint, on such terms and conditions of service as may be approved by the Board, any other staff including appropriate academic staff as may be necessary for carrying out the purposes of the Academy.
(2) an employee who is appointed under subsection (1) shall be under the general direction and control of the Rector.
Part V PROVISIONS RELATING to STUDENT Discipline Student Academy 17. (1) the Rector shall have disciplinary powers over every student.
(2) the Rector shall have the authority to take disciplinary action and impose any disciplinary punishment provided under rules made under section 42.
Academy of Arts Culture and national heritage 19 (3) the Rector may delegate any of the powers, duties or functions of the Deputy Rector of its disciplinary or any member of its staff with respect to any particular student, or any class or category of students Academy.
(4) the Deputy Rector or members of the staff delegated with the powers, duties or functions of discipline under subsection (3) shall exercise, perform or carry it out under the direction and control of the Rector who shall have the power to review, revoke or amend any decision or finding Deputy Rector or members of staff.
(5) any student who is not satisfied with the decision of — (a) the Rector; or (b) any person delegated with the powers, duties or functions under subsection (3), may appeal against such decision to the Minister and the Minister may, if it thinks fit, refuse the appeal.
(6) if the Minister does not reject the appeal under subsection (5), he shall appoint a Committee consisting of two or more persons, from within or outside the Academy, to consider the appeal and submit recommendations to it, and, when the recommendation is received, the Minister may give a decision on the appeal as he may deem fit and proper.
Students ' Representative Committee 18. (1) the Academy shall have a student representative Committee ("SRC").
(2) the provisions of the Second Schedule shall apply to the SRC.
The establishment of other student bodies 19. (1) Notwithstanding section 18, then it shall be lawful for not less than ten students — (a) with the approval in writing of the Rector in advance given consent of the Minister; and the law Malaysia20 ACT 653 (b) subject to such terms and conditions as may be determined by the Rector, to establish a student body consisting of students-student to promote an objective or interest within the Academy.
(2) the provisions of the second schedule, except paragraphs 1 and 7, shall apply with such modification as may be necessary for a student body under this section as they apply to the SRC.
Dissolution of the SRC and other student bodies 20. (1) the Rector may, in its sole discretion, without assigning any reason thereof — (a) suspend or dissolve the SRC or any student body established under section 19; and (b) give any direction or guidance as a consequence or take any measures arising as may be necessary or expedient to give effect to the suspension or dissolution.
(2) the suspension or dissolution of the src or a student body established under section 19 — (a) shall become effective immediately upon being made a decision to suspend or dissolve the src or the student body; and (b) shall be final.
Prohibition penyekutuan student or organization, body or group of students with associations, etc., unless approved by the Minister 21. (1) No person shall, while he became a student, can become members of, or be in any way affiliated with, any association, political party, trade union or any organization, body or group of persons — (a) if it is established under any law or not;
Academy of Arts Culture and national heritage 21 (b) whether it's inside or outside of the Academy; and (c) whether it's inside or outside Malaysia, except as provided by or under this Act, or except as approved in advance in writing by the Minister.
(2) no organisation, body or group of students established by, under or in accordance with this Act, can have any combination of, penyekutuan, or any other arrangement with, any association, political party, trade union or any organization, body or group of persons — (a) if it is established under any law or not;
(b) whether it's inside or outside of the Academy; and (c) whether it's inside or outside Malaysia, except as provided by or under this Act, or except as approved in advance in writing by the Minister.
(3) No person shall, while he became a student and no organisation, body or group of students established by, under or in accordance with this Act, can safely say or do anything that may be construed as stating — (a) the support, sympathy or opposition to any political party or trade union; or (b) support or sympathy to any organisation, body or group of persons that may be illegal.
(4) any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
Prohibition on collection of money by a student or organization, body or group of students 22. (1) no student, organization, body or group of students, established by, under or in accordance with this Act, may, law Malaysia22 653 ACT inside or outside the campus, or in or outside Malaysia — (a) collect or attempt to collect; (b) inducing or attempting to encourage any collection; or (c) make or attempt to make any appeal orally or in writing or otherwise for, any money or other property from any person, who is not money or property payable or almost payable under or by virtue of any written law, contract or other obligation on the side of the law.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding five 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, grant exemption to any person from the application of subsection (1), subject to such terms and conditions and for such period as he thinks fit in its absolute discretion.

(4) without prejudice to the provisions of this Act or 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 Rector in respect of collection of money within the campus of the people within the campus, subject to any conditions and restrictions specified in the notification.
(5) the provisions of this section are in addition to and does not cut 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., in the organisation, body or group of students 23. (1) where any offence committed under this Act — (a) whether any person has been convicted in respect of or not; and the Academy of art of culture and national heritage 23 (b) the offence was committed or purporting to have been done in the name of or on behalf of any organization, body or group of students established by, under or pursuant to this Act, every office bearer of the organisation, body or group of students, and every person who manages or assists in the management of the organisation, body or group of students were at the time of the offence shall be deemed to be guilty of such offence and shall be liable to punishment prescribed by law, unless he proves up to the Court is satisfied that the offence was done without his knowledge and he has undertaken all reasonable efforts to prevent the Commission of the offence.
(2) any holder of the post, or any person who manages or assists in the management of any organization, body or group referred to in subsection (1) may be prosecuted under this section even though he may not participate in the offence.
(3) in any prosecution under this section on a person's Office, or any person who manages or assists in the management of any organization, body or group referred to in subsection (1), any documents found in the possession of any holder of the post, or the person who manages or assists in the management of the organisation, body or group, or in the possession of a member organization, body or group of such , shall be prima facie evidence of its contents for the purpose of proving that anything has been done or purporting to have been made by or on behalf of the organisation, body or group.
The consideration of 24. In any prosecution under this Act — (a) it is not necessary for the prosecution to prove an organisation, body or group of persons have a name or that it has been constituted or is usually known under a particular name;
Law Malaysia24 ACT 653 (b) where any books, accounts, writings, lists of members, seals, banners or emblem for or in relation to, or purporting to be in touch with, any organisation, body or group of persons, found in the possession, custody or control of any person, he 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 deemed, until the contrary is proved, prevailing at the time the books, accounts, writings, lists of members, seals, banners or emblem that found such; and (c) where any books, accounts, writings, lists of members, seals, banners or emblem for or in relation to, or purporting to be in touch with, any organisation, body or group of persons found in possession, custody or control of any person, he 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 a criminal offence or against whom the criminal offence is proved, 25. (1) where a student is charged with an offence criminal — (a) he shall, immediately after that be suspended from being a student; and (b) he shall not, if such suspension under paragraph (a), pending the results of the criminal proceedings that, remain in or enter the campus of the Academy.
(2) if the Court finds that a charge of an offence against a student crime is proved — (a) the student shall, immediately thereafter cease to be a student; and (b) the student is, immediately after that cannot remain in or enter the campus of the Academy.
Academy of Arts Culture and heritage National 25 (3) a student is detained or subject to any order that imposes sanctions on it under any written law relating to preventive detention or security — (a) shall, immediately afterwards, cease to be a student; and (b) cannot be immediately thereafter, remain in or enter the campus of the Academy.
(4) a student who cease to be a student under subsection (2) or (3) may not, after the removal of that, admitted as a student of the Academy without the prior written permission of the Minister, and if the Minister gives the authorization, the Minister may impose such terms and conditions as he thinks fit to impose at its absolute discretion.
(5) any person — (a) that are in, or enter the campus Academy contrary to subsection (1), (2) or (3); or (b) who got into the Academy being inconsistent with subsection (4), commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(6) subsection (1), (2), (3), (4) and (5) shall apply to a person even if there may be any application, petition, appeal or other proceedings by him or by any other persons who are pending in any court or before any other authority in relation to criminal proceedings, prisoners, or order imposing sanctions, as the case may be: provided that when Universiti made for application , petition, appeal or other proceeding, the Minister may, in its absolute discretion, taking into account the Universiti and waivers to the student from the application of subsection (1), (2), (3), (4) or (5), as the case may be, in accordance with the terms and conditions as he thinks fit to impose at its absolute discretion.
Law Malaysia26 ACT 653 (7) the Minister may, at any time, in any particular case, in its absolute discretion, grant the exemption to any person from the application of subsection (1), (2), (3), (4) or (5), as the case may be, either — (a) without conditions; (b) according to the specific terms and conditions; or (c) for such period, as he thinks fit in its absolute discretion.
The power of the Board to suspend or expel a student from the Academy 26. (1) the Board may — (a) upon the representations made by the Academy; and (b) after hearing the student, if satisfied that it is desirable to do so in the interest of the Academy, give an order in writing so that any student — (i) suspended from being a student for any period specified by the Board in the order; or (ii) removed from the Academy, and the student shall immediately thereafter suspended or removed, as the case may be.
(2) a student in respect of which the Board has given an order in writing under subsection (1) may, within thirty days from the date of the order, appeal to the Minister for the cancellation or variation of the order.
(3) the Minister may give a decision in respect of any appeal made under subsection (2) as it deems fit and proper, and such decision shall be final.
(4) an order to suspend a student under subsection (1) may, from time to time, extend the period of time as the Board indicate in respect of each such extension.
Academy of Arts Culture and national heritage 27 (5) a student — (a) suspended from being a student; or (b) discarded from the Academy, under subsection (1), may not, in the time of the suspension, or after removal, as the case may be, remain in or enter the campus of the Academy except with the written permission of the Board, and if the consent of the Board, the Board may impose such conditions as he may, in its absolute discretion, think fit to impose.
(6) a student who is expelled from the Academy under subsection (1) may not, after the removal of that, admitted as a student of the Academy without the prior written permission of the Board, and if the consent of the Board, the Board may impose such conditions as he may, in its absolute discretion, think fit to impose.
(7) a student — (a) that are in or enter the campus of the Academy being inconsistent with subsection (5); or (b) who can check-in being a student of the Academy being inconsistent with subsection (6), commits 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.
PART VI FINANCIAL Establishment Of Fund

27. (1) For the purposes of this Act, a fund called the Fund Academy of Art culture and the National Heritage shall be governed and controlled by the Board was established.
(2) the Fund shall consist of — (a) such sum as may be assigned from time to time by Parliament;
Law Malaysia28 ACT 653 (b) such sums as may be seconded from time to time to the Academy by the Government;
(c) any voluntary gift to the Academy; (d) money acquired by way of handling any project, scheme or Enterprise financed out of the Fund;
(e) any property, investment, subsidies, leases, mortgages, charges or debentures acquired by or vested in the Academy;
(f) the monies earned or arising from any property, investment, subsidies, lease, mortgage, mortgage obtained by or vested in the Academy; and (g) all sums of money or other property that may be in such a way become due or vested in the Academy with respect to any matter incidental to the powers, functions and duties.
(3) all money paid to the Academy shall be used or spent by the Academy for all or any purposes of the Academy according to the estimates approved by the Minister.
Conservation Fund 28. It shall be the duty of the Board and Rector to conserve the Fund by running, execute and perform the powers, functions and duties under this Act in order to ensure that the total revenues of the Academy, subject to any direction given by the Minister under section 33, enough to pay all amounts charged with should be on revenue account including depreciation and interest on capital , from year to year.
Power to invest 29. (1) the Academy can invest in government securities or other securities as may be approved in advance in writing by the Minister of finance, money Fund, which is not needed immediately for current expenses, by the authority from time to time to change any investment, Academy of Arts Culture and heritage National 29 subject to authorization in writing in advance by the Minister of finance obtained in respect of any changes as a result of any investment in securities other than government securities.
(2) the Academy can save, either in the fixed deposit or current account, any money that is not invested temporarily in any bank in Malaysia who holds a valid license under the provisions of the banking and financial institutions Act 1989 [Act 372] or the Islamic Banking Act 1983 [Act 276] and given the prior approval in writing for this purpose by the Minister.
The estimated annual 30. (1) the Rector shall, not later than the month of April every year, presenting in front of the Board a detailed estimate of the revenue and expenditure of the Academy, including capital expenditure, for the financial year as a result.
(2) these estimates shall include all details as the Board may require and shall be in such form as may be determined by the Board, or as may be prescribed by rules made under section 42.
(3) a copy of the estimates shall be sent to each Member of the Board not less than fourteen days before the meeting in which the estimates are presented.
(4) the Board shall consider the estimates that are submitted and shall agree the estimate either without alteration or subject to variation as he may think fit, and such variation may include additions, modifications or rejection of any item described in the estimates.
(5) the Board may, before agreeing to an estimate under subsection (4), refer back any details to the Rector to be considered again by him.
(6) the Estimates as approved by the Board shall be submitted to the Minister, which may reject or amend the estimate or any part thereof, or change any of the details, or add any other details, or reject any item thereof.
Law Malaysia30 ACT 653 (7) if the additional financial provision is needed in any year, the Board may, from time to time, during the year resulted in supplementary estimates provided by the Rector and submitted to him.
(8) every supplementary estimates shall be considered and agreed by the Board, and forwarded to the Minister, who shall deal with it as if the supplementary estimates are estimates annual original.
(9) a supplementary estimates prepared under this section shall indicate the source from whom additional expenses shown in the supplementary estimates that will be paid.
(10) the Academy shall not do expenses except by according to estimates or supplementary estimates approved by the Minister: provided that the Board may transfer all or any part of the moneys assigned — (a) the annual recurrent expenditure item to a recurrent annual expenditure details other; or (b) to one item of capital expenditure to an item of capital expenditure to another.
(11) the annual Estimates and supplementary estimates shall show in separate parts, the annual recurrent expenditure and capital expenditure of the Academy.
Act statutory bodies (accounts and annual reports) 1980 31. Act statutory bodies (accounts and annual reports) 1980 [Act 240] shall apply to the Academy.
The imposition of a surcharge 32. (1) a person who is or was a staff Academy may disurcaj if found by the Board that the person — (a) not collect any money due to the Board who pemungutannya is or was its responsibility;
Academy of Arts Culture and national heritage 31 (b) is or has been responsible for any payment of money out of the Fund which should not be made or for any payment of money not approved accordingly;
(c) is or has been responsible, directly or indirectly, for any deficiency in, or for destruction of any moneys, stamps, securities, goods storage or other property of the Academy;
(d) as or while an accounting officer, failing or have failed to keep proper records or account; or (e) do not make any payment, or is or has been responsible for any delay in the payment of moneys from the Academy, money to any person to whom the payment is to be made under any law, contract, agreement or arrangement made between the person with the Academy.
(2) the Board shall, before someone disurcaj under subsection (1), 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 loss, on money, stamps, securities, goods storage or other property of the Academy; and (b) in the case of paragraph (1) (d) and (e), mensurcajkan against the person a sum of money the Board may think fit.
Law Malaysia32 653 ACT (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 disurcaj about the withdrawal.
(6) the amount of any surcharge made under subsection (3) and not withdrawn under subsection (5) shall be a debt due to the Academy from the person who disurcaj is and can be claimed and retrieved in any court on the legal Academy and may also if directed by the Board through deduction — (a) from the salary of the person disurcajkan; or (b) the pension of people who disurcajkan, with equal monthly instalments not exceeding one fourth of the total monthly salary or pension, as the case may be, that person.
(7) in any act of surcharges against the Rector, membership of the Board for the purposes of subsection (1) to (6) do not include the Rector.
(8) for the purposes of paragraph (1) (d), "accounting officer" includes every staff Academy charged with the duty of collecting, receiving, or mengakaunkan, or who actually collect, receive or mengakaunkan, any money the Academy, or charged with the obligation to pay, or who actually pay any money, and every staff charged to receive, keep or dispose of, or mengakaunkan any money, stamps, securities, savings or property of Academy items or actually receive , holding or disposing of money, stamps, securities, goods or storage of the property.
Academy of Arts Culture and national heritage 33 PART VII GENERAL power of Minister to give directions 33. Minister may issue instructions of a General in accordance with the provisions of this Act to the Board and the Board shall carry out such instructions.
Power of Minister to delegate

34. (1) The Minister may, subject to conditions, limitations or restrictions set by it, delegate to the Board to carry out, or perform any of the powers or functions under this Act.
(2) Delegation of powers under this section — (a) may be cancelled at any time by the Minister; and (b) does not preclude the Minister from running, deliver or perform the powers, duties or functions delegated in such matters as it deems fit for him to do so.
Convocation 35. Convocation for the conferment of academic and professional or awards, diplomas, certificates and other academic excellence shall be held each year, or as often as the Rector may direct, on the date as approved by the Minister.
Public authorities Protection Act 1948 36. Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against Academy or of the Board or any member of the Board, or the Rector, or against any officer, employee or agent of the Academy's members in respect of any act, neglect or default done or made by him, as the case may be on such properties.
Law Malaysia34 ACT 653 public servants 37. All members of the Board, Rector, officer, staff member or agent Academy while on their obligations or performing their functions or the exercise of their powers shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Obligations of secrecy 38. (1) except for the purposes of this Act or for the purpose of any civil or criminal proceedings, a member of the Board, or Rector, or an officer or staff member or agent of the Academy cannot disclose any information pertaining to the Academy.
(2) any person who contravenes the provisions of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Civil proceedings 39. Notwithstanding the provisions of any written law to the contrary, in civil proceedings by or against the Academy — (a) any person who holds the position of Federal Counsel and authorized by the Attorney General for that purpose; or (b) any officer authorized Academy for that purpose through special orders or General Rector, may, on behalf of the Academy, begin, attend and conduct such proceedings and may make and do all presence, acts and applications in respect of the proceedings.
Act or omission made in good faith 40. No action or suit shall be instituted or maintained in any court against — (a) the Board;
(b) members of the Board;
Academy of Arts Culture and national heritage 35 (c) Rector;
(d) Deputy Rector;
(e) the Registrar;
(f) the Treasurer;
(g) the Board of study;
(h) a member of the Board of study;
(i) staff Academy; and (j) a person authorized to act for or on behalf of any body or person under paragraph (a) to (i), for any act or omission done in good faith in the exercise or perform the powers or duties under this Act with the reasonable belief that it is necessary for the purposes that are intended to be achieved through it.
Delivery of 41. (1) service of any notice under this Act or any subsidiary legislation made thereunder shall be effected by registered post to the person affected by it and shall be deemed to have been served on the day after the day the notice is supposed to have come through the ordinary course of post. (2) if the person to whom addressed a registered letter containing any notice that may be given under this Act or any subsidiary legislation made thereunder are informed orally or in writing of the fact that there is a registered letter at the post office, menantinya and such person refuses, negligent or failed to take the registered letter, then such notice shall be deemed to have been duly delivered to him at the date he notified such.
The power of the Board to make rules 42. (1) the Board may make all such rules as may be necessary for the purpose of enforcing the provisions of this Act.
Law Malaysia36 ACT 653 (2) in particular, and without prejudice to the generality of subsection (1), the method can be set aside for all or any of the following matters, namely: (a) preparation, audit and submission to the Minister, estimates, budgets, statements and statements;
(b) the functions and duties of staff; (c) the determination of the principles relating to the conferment of academic and professional recognition or awards, diplomas, certificates and other academic distinctions to be conferred by the Academy;
(d) requirements for admission and student welfare; (e) student disciplinary Academies, including prescribing the disciplinary offence, the disciplinary punishment and procedure for disciplinary proceedings;
(f) forms required for the purposes of this Act; (g) any matter within the authority of the Academy under section 5 or under any other provisions of this Act.
Amendment Of Schedule 43. The Minister may from time to time amend the Schedule by order published in the Gazette.
PART VIII TRANSITIONAL cancellation of registration the National Art Academy 44. National Art Academy registration under section 79 Education Act 1996 [Act 550] is revoked.
The transfer of the powers, rights, duties, etc.
45. subject to the provisions of this Act, all the powers, rights, privileges, obligations, liabilities or obligations which immediately before the appointed date was for the National Art Academy, shall, with effect from that date, the Academy established by this Act.
Academy of Arts Culture and national heritage property Transfer 46 37. (1) subject to the provisions of this Act any land which immediately before the appointed date held possession in the name of federal lands Commissioner and occupied by the National Art Academy, shall at that date, by virtue of this Act transferred to and vested in the Academy without any conveyancing, assignment or transfer of title.
(2) subject to the provisions of this Act, and to any directions of the Minister, all the property and assets other than land immediately before the appointed date vested — (a) on the Government of Malaysia on behalf of the National Art Academy; or (b) in any person on behalf of or with respect to the National Art Academy;
shall, on that date, vested in the Academy established by this Act.
(3) it is hereby declared that any property, whether movable or immovable, which immediately before the appointed date, be used for purposes beyond that date became the purpose of the Academy established by this Act shall, on that date, vested in the Academy.
Existing contract 47. Subject to the provisions of this Act, and to any directions of the Minister, all deeds, bonds, agreement, instrument and work arrangements that existed immediately before the appointed date and touch any property transferred under section 46 shall have effect and the full effects against or in favour of the Academy established by this Act and shall be fully and effectively as if , in lieu of National Art Academy or the Government of Malaysia with respect to National Art Academy, the Academy established by this Act was named in it and become a party to it.
Law Malaysia38 ACT 653 continuation of civil and criminal proceedings is 48. (1) subject to the provisions of this Act, any proceedings, whether civil or criminal, or any cause of action pending or existing immediately before the appointed date by or against — (a) National Art Academy; (b) the Government of Malaysia with respect to National Art Academy; or (c) any person acting on behalf of the National Academy of Art, may be continued or commenced by or against the Academy as it may have been taken by or against the respective as if this Act was not approved.
(2) any appeal brought or any truth appeal applied for on or after a specified date against a decision rendered in any legal proceedings before that date to which the National Art Academy, the Government of Malaysia with respect to National Art Academy or any person acting on behalf of the National Academy of Art may be brought by or against the Academy established by this Act.
Transfer Fund 49. All moneys in, belonging to or due to National Art Academy or the Government of Malaysia with respect to National Art Academy, shall, on the appointed date, vested in the Academy established by this Act, be transferred to and be deemed to be part of the Fund established under section 27 of this Act.
Continuation of officers and staff of 50. (1) every person who immediately before the appointed date were retrieved service as an officer or employee of the National Art Academy shall, on that date, be deemed to have acquired the services of the Academy established by this act as if the Art Academy of culture and national heritage Academy 39 has been in existence prior to that date during the service of an officer or employee of the National Art Academy.

(2) every person who immediately before the appointed date were retrieved service as an officer or employee of the National Art Academy shall, on that date, taken service as an officer or employee, as the case may be, the Academy established by this act upon the terms and conditions of service no less favourably than the terms and conditions of service to which he is entitled to immediately before the appointed date.
51 students. All persons who immediately before the appointed date was the National Art Academy students shall, on that date, be deemed to be students of the Academy.
Disciplinary proceedings pending 52. All disciplinary proceedings which, immediately before the appointed date, pending against any national art Academy students can, on or after that date, be continued against the student by the appropriate authority for the Academy under this Act.
The FIRST SCHEDULE [section 8] disqualified 1. A person shall be disqualified for appointment as or to be a member of the Board — (a) if it has been proved against him, or he has been convicted of the charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under the law relating to corruption;
Law Malaysia40 ACT 653 (iii) an offence under this Act; or (iv) any other offence punishable with incarceration (imprisonment only, or in addition to a penalty or in lieu of a fine) for more than two years;
(b) if he becomes bankrupt; or (c) if he is found or declared not of unsound mind or is otherwise incapable of managing hal-ehwalnya.
Termination of a member 2. A member of the Board shall cease from being a member of — (a) if he fails to attend three consecutive meetings of the Board without the permission of the Chairman; or (b) if the appointment is revoked.
The resignation of 3. A member of the Board may resign at any time by giving one month's notice in writing to the Chairman.
Filling vacancy 4. If any person ceases to be a member of the Board by virtue of any provision of this Act, then another person can be appointed by the Minister to fill the vacancy for the balance of the period for which the Member.
Allowance 5. Members of the Board shall be paid such allowances as determined by the Minister.
6 meeting. (1) the Chairman shall preside at all meetings of the Board.
(2) the Chairman and every Member of the Board shall have and may exercise one vote per person, but in the event that the number of votes equal, the Chairman shall have and may exercise a casting vote in addition to his original vote.
The Board may invite others to attend meetings 7. (1) the Board may invite any person to attend a meeting or deliberation of the Board for the purpose of advising it on the Academy of art of culture and national heritage 41 any matters discussed but any person so attending shall will not have the right to vote at the meeting or deliberation.
(2) any person invited under subparagraph (1) shall be paid an allowance as determined by the Board.
Minute 8. (1) any minutes made of meetings of the Board shall, if duly signed accordingly admissible in evidence in all legal proceedings without further proof.
(2) every meeting of the Board in respect of which minutes have 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 9. (1) a member of the Board who has, directly or indirectly — (a) any interest in any company or undertaking which the Board proposes to make a contract; or (b) any interest in any contract or in any matter under discussion by the Board, shall disclose to the Board the fact of interest and the type of interest.
(2) a disclosure under subparagraph (1) shall be recorded in the minutes of the Board and, unless specifically authorized by the Chairman, the Member cannot take part in any deliberation or decision of the Board in relation to the contract or that matter.
Validity of acts and proceedings 10. No action done or proceeding taken under this Act may be questioned on the ground that — (a) any vacancy in the membership of, or any defect in the establishment of, the Board;
(b) any breach of paragraph 9 by members of the Board; or (c) there is any omission, defect or ketidakaturan that are not touching the merits of it.
Law Malaysia42 ACT 653 SECOND SCHEDULE [section 18 and 19] STUDENTS ' REPRESENTATIVE COMMITTEE Selection the SRC 1. In selecting a students ' representative Committee, students in each particular field shall elect, through confidential vote conducted by the Rector, any number of the same students learn in their respective fields to be representatives in the SRC as may be determined by the Rector; and education divisions held in the Academy to various fields of study for the purposes of this paragraph shall be made by the Rector.
Bearers of the SRC 2. The SRC shall elect from amongst its members — (a) a President;
(b) a Vice President;
(c) a Secretary; and (d) a Treasurer, who shall be the sole bearers.
The term of Office of the SRC and its Office 3. Members of the SRC and bearers shall be elected for a period of one year.
Results in the vote the majority of the 4. The results of the SRC shall be taken by a majority vote with not less than two-thirds of the members present and voting.
Ad hoc Committee of 5. The SRC can form, from time to time, with the prior written permission of the Rector, ad hoc committees from among its members for the purpose or objective basis.
Disqualified in respect of SRC 6. (1) no student — (a) against whom disciplinary proceedings have not been disconnected; or (b) who have been found guilty of a disciplinary offence, the Academy of art of culture and national heritage 43 can be selected or remain as a member of the SRC unless authorised in writing by the Rector.
(2) a student — (a) that has not been his first examination in respect of his course of study; or (b) has failed in, or who do not sit for the examination ago held in respect of his course of study, before any proposed selection for the src or by the src shall be disqualified to be selected in the selection.
The objective and function of the SSD 7. The objective and function of the SSD is — (a) to assist and encourage, subject to the direction of the Rector, the development of facilities for students such as recreational facilities and supply of food and drink;
(b) to make representations to the Rector about matters relating to the situation in which students live and learn; and (c) to any other activities as determined by the Rector from time to time.
Expenses Of The SRC 8. (1) the src may not — (a) maintain any fund; or (b) make any collection of money or property from any source.
(2) any reasonable expenses as the SRC prior authorization in writing by the Rector to spend may be paid by the Academy if reasonable written claims supported by receipts and vouchers submitted by the src to, and approved by the Rector.
SSD Account 9. (1) the Treasurer shall keep an account of the SRC accordingly to be audited by a person appointed by the Rector.
(2) a copy of the account kept under subparagraph (1) shall be submitted by the SRC to the Rector for approval not later than three months after the end of each financial year, which is the financial year as determined by the Rector.
Law of the Malaysia44 Meeting of the SRC ACT 653 10. (1) the src shall hold meetings from time to time as it may absolutely 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.
(2) the src or ad hoc Committee of the src shall, not less than forty-eight hours before the holding of such a meeting, give notice of the date and time of the meeting and the most powerful to the Rector.
(3) every meeting of the src or ad hoc Committee of the SRC shall be held only in the place provided for the purpose of the meeting by the Rector.
(4) the Rector or his representative shall be present at every meeting of the src or of an ad hoc Committee of the SRC, unless the Rector decides otherwise in respect of any particular meeting.
Examination of record 11. SRC records or record of an ad hoc Committee of the SRC shall, at all times, open for inspection by the Rector or his representative.
Dispute as to the selection of 12. (1) where any dispute arises as to whether any employee or office bearer of the SRC or of an ad hoc Committee of the SRC — (a) has been selected or appointed accordingly, as the case may be; or (b) be entitled to become or remain a member or holder of his Office, then the dispute shall be decided by the Rector or by the person appointed by him for that purpose.
(2) the decision of the Rector or the decision of the person appointed under subparagraph (1) shall be final.
The definition of "student" for the purposes of this table

13. (1) For the purposes of this schedule, "student" does not include an officer who is currently pursuing courses of study at the Academy.
(2) a person shall cease from being a student within the meaning of this paragraph — (a) upon the publication of the results of the final examination for any of his course of study, if he passes such examination; or the Academy of art of culture and national heritage 45 (b) upon the publication of the results of any examination for his course of study, if he failed in the examination, until he, subsequently, registered again for such course of study or other studies courses applicable to a student registered under this paragraph.
Law Malaysia46 ACT 653 laws of MALAYSIA Act 653 ACT ACADEMY of ARTS CULTURE and NATIONAL HERITAGE 2006 LIST AMENDMENT law short title force amend from – no – Academy of Arts Culture and heritage 47 National laws of MALAYSIA Act 653 ACT ACADEMY of ARTS CULTURE and NATIONAL HERITAGE 2006 LIST SECTION AMENDED Section Power amend with effect from – THERE are –