RAJA-RAJA AND THE YANG DI-PERTUA-YANG DI-PERTUA NEGERI HIGHER STUDIES SCHOLARSHIP FUND ACT 1983

Raja-Raja and The Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund LAWS OF MALAYSIA REPRINT Act 284 RAJA-RAJA AND THE YANG DI-PERTUA-YANG DI-PERTUA NEGERI HIGHER STUDIES SCHOLARSHIP FUND ACT 1983 As at 1 October 2021 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2021 1 2 Act 284 Laws of Malaysia RAJA-RAJA AND THE YANG DI-PERTUA-YANG DI-PERTUA NEGERI HIGHER STUDIES SCHOLARSHIP FUND ACT 1983 Date of Royal Assent … … … 11 May 1983 Date of publication in the Gazette … … 12 May 1983 Previous Reprints First Reprint … … … … … 2001 Second Reprint … … … … … 2006 Raja-Raja and The Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund LAWS OF MALAYSIA 3 Act 284 RAJA-RAJA AND THE YANG DI-PERTUA-YANG DI-PERTUA NEGERI HIGHER STUDIES SCHOLARSHIP FUND ACT 1983 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and application 2. Interpretation Part II THE FUND AND THE BOARD 3. Establishment and management of the Fund 4. Powers of Board to accept grants, donations, etc. 5. Members of the Board 6. Disqualification of members 7. Removal from office 8. Power of Majlis to issue directions Part III OBJECT OF THE FUND 9. Cost of managing the Fund and object of the Fund 10. Conditions of study award 11. Terms of study award 4 Laws of Malaysia Act 284 Section 12. Operation of this Act 13. Cessation of study award in certain cases Part IV GENERAL 14. Federal Counsel empowered to appear for the Board 15. Investment powers of the Board 16. Audit and accounts 17. Seal of the Board 18. Appointment of officers and servants 19. Delegation by the Board 20. Liability for loss in investment 21. Rules 22. Chairman to report to Majlis where moneys, etc., of Fund insufficient 23. Transfer of moneys in the hands of sponsors into Fund Raja-Raja and The Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund LAWS OF MALAYSIA 5 Act 284 RAJA-RAJA AND THE YANG DI-PERTUA-YANG DI-PERTUA NEGERI HIGHER STUDIES SCHOLARSHIP FUND ACT 1983 An Act to establish the Raja-Raja and the Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund and to provide for the management of that Fund and other matters incidental thereto. [13 May 1983] 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 and application 1. This Act may be cited as the Raja-Raja and the Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund Act 1983 and shall apply throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Board” means the Raja-Raja and the Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund Board constituted under section 5; 6 Laws of Malaysia Act 284 “Fund” means the Raja-Raja and the Yang di-PertuaYang di-Pertua Negeri Higher Studies Scholarship Fund established under section 3; “Majlis” means the Conference of Rulers established under Article 38 of the Federal Constitution. Part II THE FUND AND THE BOARD Establishment and management of the Fund 3. (1) There shall be established a Fund to be known as the Raja-Raja and the Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund. (2) The control and management of the Fund shall, subject to the provisions of this Act, be vested in a Board to be known as the Raja-Raja and the Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund Board, which in this Act is referred to as “the Board”, which shall be a body corporate with perpetual succession and a common seal with the power to sue and be sued, to hold property movable or immovable, to make contracts and, subject as hereafter provided, to convey, assign, surrender, mortgage, lease or otherwise dispose of movable or immovable property vested in the Board upon such terms as it may think fit. Powers of Board to accept grants, donations, etc. 4. The Board shall have power at its discretion to accept any grants, donations, endowments, gifts or bequests made to or in favour of the Fund. Members of the Board 5. (1) The Board shall consist of a Chairman and four other members to be appointed by the Majlis from among the MenteriMenteri Besar and Chief Ministers. Raja-Raja and The Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund 7 (2) The Chairman and members of the Board shall, subject to sections 6 and 7, be appointed for a period of two years and shall be eligible for re-appointment. (3) The Chairman shall preside at all meetings of the Board. (4) The Board shall meet at least three times in a year at such place as the Chairman may appoint and at any meeting of the Board, the Chairman and two members shall form a quorum. (5) The Chairman shall have a casting vote. (6) Subject to the provisions of this Act, the Board shall have power to determine its own procedure. (7) The Keeper of the Rulers’ Seal shall be the Secretary to the Board. Disqualification of members 6. A member of the Board shall be disqualified from holding office as such member if he ceases to be a Menteri Besar or Chief Minister. Removal from office 7. (1) The Majlis may, at any time, remove from office any member of the Board and appoint another in his place. (2) Without prejudice to the power of removal under subsection (1), the Majlis may remove from office any such member of the Board who, by reason of ill-health, is in the opinion of the Majlis rendered incapable of properly performing his duties as a member of the Board. Power of Majlis to issue directions 8. The Majlis may, from time to time, give the Board directions not inconsistent with this Act on the policy to be followed in the exercise of the powers conferred and the duties imposed on the Board by or under this Act and the Board shall give effect to all such directions. 8 Laws of Malaysia Act 284 Part III OBJECT OF THE FUND Cost of managing the Fund and object of the Fund 9. (1) All expenses incidental to the management of the Fund shall be defrayed from the moneys of the Fund in priority to any other payments. (2) The balance of the Fund after defraying the expenses referred to in subsection (1) shall, subject to the provisions of this Act, be utilized for the purpose of awarding such number of studentships, scholarships, study grants, study loans or any other study awards as the Board may, from time to time, determine to be awarded to persons so as to enable such persons to pursue such course of study as the Board may think proper. Conditions of study award 10. Before making any study award under this Act, the Board may impose such conditions as it deems necessary. Terms of study award 11. (1) Every recipient of a studentship, scholarship, study grant, study loan or any other study award awarded under this Act shall become, and during his tenure thereof shall remain, a student at the place of study approved by the Board and shall pursue his studies thereat to the satisfaction of the Board. (2) If any recipient of any study award made under this Act commits a breach of any of the conditions laid down by the Board or in any way whatsoever misconducts himself, he may thereupon be deprived of such award. Raja-Raja and The Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund 9 Operation of this Act 12. (1) The provisions of this Act shall be supplementary to and not in derogation of any other written law relating to the provisions of studentships, scholarships, study grants, study loans or any other study awards in force in any part of the Federation. (2) If in the opinion of the Board at any time that circumstances render any study award under this Act inadvisable or if there is in any year no candidate entitled in the opinion of the Board to any study award under this Act, then no such study award shall be made for that year and the money which otherwise would have been appropriated to such study award may be dealt with as hereinafter provided in this Act. Cessation of study award in certain cases 13. The Board may cease to provide, maintain or assist any recipient of a study award under this Act who contravenes or fails to comply with the terms or conditions imposed by the Board in accordance with this Act or if it appears to the Board that any further pursuance of his studies is not advantageous or reasonable by reason of his unsatisfactory scholastic progress, misconduct or ill-health: Provided that in any such case of cessation of any study award, the Board shall defray all expenses necessary to return such recipient and his dependants, if any, to the Federation if they had left Malaysia on the instructions or with the approval of the Board. Part IV GENERAL Federal Counsel empowered to appear for the Board 14. Any Federal Counsel, or any advocate or solicitor approved by the Majlis, may appear for the Board and plead and do all other things necessary in respect of any litigation in any court in Malaysia in respect of any breach of conditions of any study award made by the Board under this Act. 10 Laws of Malaysia Act 284 Investment powers of the Board 15. The moneys of the Fund may be invested by the Board in investments for the time being authorized by law for the investment of trust funds: Provided that the Board shall not make any investment in securities issued or registered or other properties situated outside the Federation except with the approval in writing of the Majlis. Audit and accounts 16. The provisions of the Statutory Bodies (Accounts and Annual Reports) Act 1980 [Act 240] shall apply to the Board. Seal of the Board 17. (1) The common seal of the Board shall be in the custody of the Secretary and shall not be affixed to any instrument except in the presence of the Chairman, the Secretary or any other member of the Board authorized by the Chairman. (2) Any instrument bearing the seal of the Board so affixed and attested shall be deemed to have been made by the Board. Appointment of officers and servants 18. The Board shall have power to appoint such officers and servants of the Board as may be necessary for carrying out the functions of the Board. Delegation by the Board 19. The Board may, by instrument in writing under the common seal of the Board, delegate to any person or body such of its duties as may be necessary to be performed in or outside the Federation: Provided that any such person or body shall have no control over the Fund and shall act in all respects in accordance with the directions of the Board. Raja-Raja and The Yang di-Pertua-Yang di-Pertua Negeri Higher Studies Scholarship Fund 11 Liability for loss in investment 20. No member of the Board shall be liable for any loss arising from or contingent upon any investment made unless such loss has been occasioned by his wilful negligence, fraud or dishonesty; and no member of the Board, agent or person acting under the authority of the Board shall be personally liable to any action or proceeding for or in respect of any act, matter or thing done or omitted to be done in good faith and in the proper exercise of any of the rights or powers of the Board or members thereof. Rules 21. (1) The Board may, from time to time, with the approval of the Majlis, make rules for the proper carrying out of any of the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may— (a) prescribe the study awards, the conditions to be observed and the qualifications to be possessed by the candidates; (b) provide for the payment of salaries and allowances and conditions of service of the officers and servants of the Board; (c) provide for the establishment and management of a superannuation or provident fund scheme for its officers and servants. C