UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 30 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 As at 1 August 2012 2 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 Date of Royal Assent … … … … … … 27 April 1971 Date of publication in the Gazette … … … 29 April 1971 Latest amendment made by Act A1433 which came into operation on … … … … … 1 August 2012 … PREVIOUS REPRINTS First Reprint Second Reprint Third Reprint … … … … … … … … … … … … … … … 1993 1999 2006 3 LAWS OF MALAYSIA Act 30 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation PART II HIGHER EDUCATION 3. Responsibility of Minister 4. Power of Minister to appoint person or body to investigate 4A. Committee to advise Minister on appointment 4B. Secondment or transfer of service of University employee by Minister PART IIA ADMINISTRATION 4C. Appointment and duty of Director General of Higher Education 4D. Delegation of functions, powers and duties of the Minister 4 Laws of Malaysia ACT 30 PART III UNIVERSITIES Section 5. Prohibition on establishing Universities 5A. Non-application of Act to University established in the national interest, etc. 6. Incorporation and establishment of a University 7. Effect of Incorporation Order and general powers of a higher educational institution which is a University 8. Constitution of a University 9. University to keep office as an address for service in Malaysia 10. Copies of Statutes, etc., to be kept at office of University 11. Grants-in-aid and accounts 12. Establishment of Campus of a University 13. Acquisition of land for purposes of the University 14. Exemption from estate duty 15. Activities of students or students’ society, organization, body or group 15A. Prohibition on collection of money by a student or by an organization, body or group of students 15B. Liability of students or students’ organization, body or group 15C. (Deleted) 15D. Suspension of student charged with registrable offence and matters relating to detention, etc. 16. Power of Vice-Chancellor to suspend or dissolve any organization, body or group of students 16A. (Deleted) 16B. Disciplinary authority in respect of students of the University 16C. Disciplinary rules 16D. (Deleted) 17. Constitution to provide protection of benefits under provident fund scheme 18. Transitional provisions Universities and University Colleges PART IV UNIVERSITY COLLEGES Section 19. Prohibition on establishing University Colleges 20. Incorporation and establishment of a University College 21. Constitution of a University College 22. Application of provisions of Part III to this Part PART IVA REGISTER AND DATABASE 22A. Duty to maintain register 22B. Duty to maintain database PART V GENERAL 23. Offence of establishing a University or University College 24. Certain prohibitions in respect of “University” or “University College” 24A. Service 24B. Public Authorities Protection Act 1948 24C. Act or omission done in good faith 24D. Public servants 24E. Power of Minister to make regulations 25. Existing Universities 26. Exemption 27. Repeal FIRST SCHEDULE SECOND SCHEDULE 5 7 LAWS OF MALAYSIA Act 30 UNIVERSITIES AND UNIVERSITY COLLEGES ACT 1971 An Act to provide for the establishment, maintenance and administration of Universities and University Colleges and for other matters connected with it. [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— “Board”, in relation to a University, means the Board of Directors of the University constituted in accordance with the Constitution of the University; 8 Laws of Malaysia ACT 30 “Campus”, in relation to a University or University College, means— (a) the Campus or Branch Campus of the University or University College; (b) the Campus as specified in the order made under subsection 6(1); and (c) the area, together with all buildings or other structures thereon, which belongs to or is used, whether permanently or otherwise, by the University or University College; “Chancellor”, in relation to a University, means the Chancellor of the University and includes any other person, by whatever name called, who has been appointed as the Head of a University and “ProChancellor” shall be construed accordingly; “Constitution”, in relation to a University, means the Constitution of the University substantially in the form as set out in the First Schedule; “Director General” means the Director General of Higher Education appointed under subsection 4C(1) and includes the Deputy Director General appointed under the same subsection; “Faculty”, in relation to a University, means the Faculty of the University and includes a School, a Centre, an Academy and an Institute, of the University, and in relation to the Campus of a University, includes any part of the Faculty, School, Centre, Academy and Institute designated to such Campus; “Higher Education” includes University and University College education; “Higher Educational Institution” means any University or University College established under this Act; “Minister” means the Minister charged with the responsibility for higher education; Universities and University Colleges 9 “registrable offence” has the meaning assigned to it under the Registration of Criminals and Undesirable Persons Act 1969 [Act 7]; “Senate” in relation to a University, means the Senate of that University; “student” means a registered student, other than a student at an institution allied to the University or University College, who is following a course of study, instruction, training or research of any description at the preparatory, under-graduate, post-graduate or postdoctoral level on a full time or part-time basis in, by or from the University or University College, and includes a distance-learning, off-campus, exchange and non-graduating student; “University” or “University College” means a higher educational institution having the status of a University or University College respectively; “University or University College education” means education provided by a University or University College at the preparatory, under-graduate, post-graduate or post-doctoral level and includes research and educational development and the commercialization of such research and development; “Vice-Chancellor”, in relation to a University, means the ViceChancellor, President, Rector or Director of the University and includes any other person, by whatever name called, who has been appointed as the chief executive officer of the University and “Deputy Vice-Chancellor” shall be construed accordingly. PART II HIGHER EDUCATION Responsibility of Minister 3. The Minister shall, subject to the provisions of this Act, be responsible for the general direction of higher education and the administration of this Act which shall be in accordance with the 10 Laws of Malaysia ACT 30 national policies, strategies and guidelines on higher education formulated or determined by an authority established under any written law for such purposes. Power of Minister to appoint person or body to investigate 4. For the purpose of enabling more effective discharge of the Minister’s responsibility for higher education and the administration of this Act, the Minister may, from time to time, appoint any person or body to investigate into any of the activities or the administration of any higher educational institution and to report to him the result of such investigation with recommendations relating thereto. Committee to advise Minister on appointment 4A. For the purpose of selecting a qualified and suitable person for the post of Vice-Chancellor or for any other post to which the Minister has the power to appoint under this Act, the Minister shall, from time to time, appoint a committee to advise him on such appointment. Secondment or transfer of service of University employee by Minister 4B. (1) If on the application of a requesting University, statutory authority or organization, the Minister is satisfied that in the interest of higher education or for the promotion of research and educational development, it is expedient to second or transfer a University employee to the service of the requesting University, statutory authority or organization in Malaysia, the Minister may, with the consent of the employee, issue a direction for the secondment or transfer of the University employee to the service of the requesting University, statutory authority or organization, and it shall be the duty of the University of the said employee to carry out that direction whether or not the University agrees to the secondment or transfer. (2) Any claim for compensation arising out of the secondment or transfer of a University employee pursuant to subsection (1) shall be met by the requesting University, statutory authority or organization Universities and University Colleges 11 whether it be in accordance with such arrangement as may be agreed upon with the University of the said employee or otherwise. PART IIA ADMINISTRATION Appointment and duty of Director General of Higher Education 4C. (1) The Minister shall appoint a Director General of Higher Education and such number of Deputies Director General. (2) The Director General shall advise the Minister on matters pertaining to higher education. (3) The Director General shall have functions and exercise the powers conferred on him by this Act subject to the general direction and control of the Minister and the Director General shall give effect to such direction issued by the Minister. (4) In the absence of the Director General, the Deputy Director General may exercise his functions and powers. Delegation of functions, powers and duties of the Minister 4D. (1) Except for the powers under sections 4, 4A, 4B, 4C and 12, the Minister may delegate in writing any of his functions, powers or duties to the Director General. (2) Any function, power or duty delegated under subsection (1) shall be performed, exercised or discharged by the Director General in the name and on behalf of the Minister. (3) The Director General to whom such functions, powers or duties are delegated under subsection (1) shall be bound to observe and comply with all conditions, limitations or restrictions imposed by the Minister. 12 Laws of Malaysia ACT 30 (4) The delegation under this section shall not preclude the Minister from discharging at any time any of the functions, powers or duties so delegated. (5) The Minister may, at any time, revoke the delegation made under this section. PART III UNIVERSITIES Prohibition on establishing Universities 5. Subject to section 5A, no higher educational institution with the status of a University shall be established except in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996 [Act 555]. Non-application of Act to University established in the national interest, etc. 5A. (1) The provisions of this Act shall not apply to any higher educational institution with the status of a University which is authorized to be established by an order made by the Yang di-Pertuan Agong under subsection (2) and any private higher educational institution conferred with the status of a University or University College under the Private Higher Educational Institutions Act 1996. (2) The Yang di-Pertuan Agong may, on the advice of the Minister, by order published in the Gazette, authorize the establishment of any higher educational institution having the status of a University, whatever its name or style, if he is satisfied that it is expedient in the national interest tha