Act 145 BM laws of MALAYSIA Act 145 REPRINTING UNGKU OMAR POLYTECHNIC ACT 1974 Contains all amendments to 1 January 2006 PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 in COLLABORATION with PERCETAKAN NASIONAL MALAYSIA BHD 2006 laws of Malaysia ACT 1452 UNGKU OMAR POLYTECHNIC ACT 1974 date of Assent............ 30 July 1974, the date of publication in the Gazette......... August 22nd, 1974 REPRINT BEFORE Reprinting the first............ 1997 Reprint the second............ 2001 Politeknik Ungku Omar 3 laws of MALAYSIA Act 145 UNGKU OMAR POLYTECHNIC ACT 1974 ARRANGEMENT of SECTIONS section 1. Short title and commencement 2. Interpretation 3. Establishment Of Polytechnics 4. Directions by Minister 5. The Establishment Of The Board Of Governors 6. Functions Of The Board 7. The Secretary Of The Board 8. A quorum of 9. The power of the Board to enter into contracts and hold property 10. The Establishment Of The Fund 11. Annual Estimates 12. 13. Annual report 14. Use of seal 15. Establishment Of Board Of Education 16. Appointment, powers and duties of principal of 17. Power of Minister to make regulations laws of Malaysia ACT 1454 Politeknik Ungku Omar 5 laws of MALAYSIA Act 145 POLITEKNIK UNGKU OMAR 1974 ACT an act to provide in connection with the creation, maintenance and administration of Polytechnic Ungku Omar, and for other matters related to it.
 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: short title and commencement 1. This Act may be cited as the Act Politeknik Ungku Omar 1974 and shall 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 — "Board" means the Board of Governors Ungku Omar Polytechnic established under section 5;
"Board of Education" means the Board of polytechnic education established under section 15;
"Chairman" means the Chairman of the Board;
"Principal" means the principal of Polytechnic appointed under section 16.
Laws of Malaysia ACT 1456 establishment of Polytechnics 3. (1) an institution named "Polytechnic Ungku Omar" shall be established (hereinafter referred to as "Polytechnic").
(2) subject to the approval of the Minister, may call for Polytechnic studies and training in the field of technology and trade and any other training and education as determined by the Board.
Directions by Minister 4. Minister may issue instructions to the Board in accordance with the provisions of this Act with respect to the policy to be followed by the polytechnics and the Board shall give effect to such directions.
The Establishment Of The Organizing Board 5. (1) a Board called the Board of Ungku Omar Polytechnic Organizer shall be established, which shall be a body corporate having perpetual succession and a common seal and may sue and be sued in the name of him.
(2) the Board shall consist of a Chairman and not more than fifteen other members appointed by the Minister and shall include representatives from both the public and private sectors.
(3) the Chairman and other members appointed by name shall, unless otherwise directed by the Minister, hold office for a term of three years and is eligible to be re-appointed: provided that the Minister may at any time revoke the appointment.
(4) a Board Member may resign from the Board by notice in writing to that effect addressed to the Chairman, and from the date the notice is received by the Chairman of the Member cease to be a member.
Ungku Omar Polytechnic 7 (5) If the Chairman is not present in any meeting of the Board, the members present shall elect a Chairman among them for the purpose of the meeting.
(6) the Board may give permission to not attend to any Board member.
(7) a member does not attend meetings of the Board four times in a row without getting permission to absent from the Board shall be deemed to have resigned from the Board.
(8) where a vacancy due to death, resignation, revocation of appointment or otherwise, the vacancy shall be filled by a person appointed by the Minister and that person shall hold office for the remainder of the term of Office of the members he appointed to replace it.
Functions Of The Board 6. (1) be the duty of the Board, in the exercise of its powers and the performance of its functions, to act in such manner as in its opinion will count for achieving the goals and interests of the polytechnics.
(2) the Board shall include conducting all activities and do all things necessary or advantageous and proper for the Organization, control and administration of the polytechnics and the assets of the Polytechnic and, in particular, but without prejudice to the generality of the aforesaid, shall include the following: (a) subject to section 11, allowing the appropriate and necessary expenses in the extent of the Group's funds for Polytechnic;
(b) preparing the annual report of the Polytechnic and annual travel statement required by this Act or by any regulations made thereunder;
(c) appoint academic and non-academic staff and in addition appoint advisers as it deems necessary or required by the Board, subject to the laws of Malaysia ACT 1458 such terms and conditions of service approved by the Minister;
(d) to institute regulations on matters relating to academic management and Polytechnic in particular relating to qualifications necessary for admission to Polytechnics, courses of instruction, course duration and award certificates;
(e) to rule on matters relating to — (i) the procedure of meetings of the Board and the Board of study;
(ii) the establishment, composition, powers and functions of the Advisory Committee and any other Committee appointed properly under the provisions of this Act and the procedures of meetings of the Committee;
(iii) the form and manner keep Polytechnic;
(iv) the powers and functions of officers Polytechnic;
(v) establishment of the student body; and (vi) costs payable by students of Polytechnic;
(f) grant pensions, retirement schemes or provident fund schemes for the benefit of its employees or any part of the worker and make arrangements for the holding of any scheme approved by the Minister;
(g) to institute rules and provisions on the welfare and discipline of academic and non-academic staff and students;
(h) prescribing any fee that may from time to time may be prescribed through regulations.
The Secretary Of The Board 7. The Registrar shall be the Secretary of the Board of the Polytechnic.
Ungku Omar Polytechnic 9 Quorum 8. (1) every question submitted to the Board in a meeting shall be decided through voting more voice members present.
(2) half of the members shall be a quorum.
(3) the Chairman in a meeting, shall have an original vote and, if there are a number of votes equal, he can give a second or casting vote.
The power of the Board to enter into contracts and hold property 9. (1) the Board may make such contracts as are necessary or expedient to give effect to the provisions of this Act.
(2) the Board may acquire and hold any property, movable or immovable property as may be necessary or expedient to give effect to the provisions of this Act, and for the same meaning can sell, lease, mortgage, or otherwise dispose of any property so acquired.
Establishment Of Fund 10. (1) for the purposes of this Act is hereby established a fund to be known as Polytechnic Ungku Omar Fund which shall be administered and controlled by the Board.
(2) the Fund shall consist of — (a) any amount of money as may be assigned from time to time by Parliament;
(b) such sums as may from time to time seconded to the Board by the Government;
(c) money derived from the conduct of any project, scheme or Enterprise financed from the Fund;
Laws of Malaysia ACT 14510 (d) all sums or property in any manner becoming payable to the Board or vested to the Board on any matter within its powers and obligations;
(e) any voluntary giving to the Board or to the polytechnics.
(3) all money paid to the Board or Polytechnics shall be used or spent by Polytechnic for all or any of the purposes of Polytechnic in accordance with the estimates approved by the Minister.
(4) be the duty of the Board to maintain the Fund by running and perform the functions and duties under this Act so as to ensure that the total revenue of the Board sufficient to cover all sum to be charged with the necessary revenue account.
(5) the Fund may be placed as deposits with a bank in Malaysia who holds a licence that is valid under the provisions of the banking and financial institutions Act 1989 [Act 372] or invested in government securities or any other securities as may be approved in writing by the Minister of finance.
11. (1) The principal shall present before the Board an estimate of revenue and expenditure of the Polytechnic including capital expenditure for the next financial year in such particulars or form as required by the Board.
(2) a copy of the estimates shall be submitted to the Board not less than fourteen days before the meeting in which the estimates to be presented.
(3) the Board shall consider the estimates that are submitted and shall permit it either without change or subject to such changes as he may deem fit.
Ungku Omar Polytechnic 11 (4) of the Estimates as authorized by the Board shall be submitted to the Minister and the Minister may, at any time, within one month after the estimate is received, do not allow the estimate, or any part thereof, and restore it to amended.
(5) where an estimate is returned so by the Minister, the Board shall act immediately to amend the estimates and shall submit the revised estimates such to the Minister.
(6) the Board may, at any time in the year to which the estimates have been allowed, directing that the supplementary estimates are prepared and submitted to him.
(7) every supplementary estimates shall be weighed and is authorized by the Board and shall be submitted to the Minister, and, if necessary, amended and submitted again as if the estimate is an estimate of the original.
(8) the Board shall not do expenses except by according to estimates or supplementary estimates approved by the Minister.
Audit 12. (1) the accounts of the Polytechnic should be audited every year by the Auditor General or any other auditor appointed by the Board with the approval of the Minister of finance.
(2) the audited Account, together with any comment made on it by the Auditor or auditors appointed under subsection (1), shall be submitted to the Board at its meeting next year.
Annual report 13. The Board shall be not later than 30 April each year ordered to be made and sent to the Minister a report on the activities of the Polytechnic within the financial year preceding and contain any information relating to the proceedings and Polytechnic policy as directed by the Minister from time to time.
Laws of Malaysia ACT 14512 Use seal 14. Seal of the Board shall be kept by the principal and shall not be affixed to any instrument except in the presence of the Chairman or in the presence of a member of the Board and Principal who shall sign their names at the instrument as a sign of their presence.
Establishment Of Board Of Studies 15. The Board shall establish a body to be known as the Board of polytechnic education and be the obligation to advise the Board on academic matters in accordance with the provisions of this Act and any regulations made thereunder.
Appointment, powers and duties of principal of 16. (1) a principal of Polytechnic who are appointed by the Board shall be available with the agreement of the Minister, on such terms and conditions as may be determined by the Board.
(2) the principal shall be ex-officio members for the Board and become Chairman of the Board of Studies.
(3) the principal shall be the Chief Administrative Officer and academic polytechnics and shall be responsible to the Board — (a) for the administration of Polytechnic perfectly on the Board;
(b) for academic management Polytechnic on board;
(c) for proper enforcement of regulations and by-laws;
(d) for the welfare and discipline of academic and non-academic staff as well as students of Polytechnics, and for that purpose the principal, shall, subject to the provisions of this Act, have all the powers necessary or expedient.
Ungku Omar Polytechnic 13 power of Minister to make regulations 17. (1) the Minister may make regulations necessary for the purpose of enforcing the provisions of this Act.
(2) in particular and without prejudice to the generality of subsection (1), the regulations could provide in respect of all or any of the following: (a) the powers and functions of the Board;
(b) matters related to it by-laws may be made by the Board; and (c) the preparation, auditing and submission to the Minister will be estimates, budgets, statements and statement.
Laws of Malaysia ACT 14514 laws of MALAYSIA Act 145 UNGKU OMAR POLYTECHNIC ACT 1974 LIST AMENDMENT law short title force amend from — NO — Ungku Omar Polytechnic 15 laws of MALAYSIA Act 145 UNGKU OMAR POLYTECHNIC ACT 1974 LIST SECTION AMENDED Section Power amend with effect from — NO —