CO-OPERATIVE INSTITUTE (INCORPORATION) ACT 1968 (REVISED—2025)

Co-operative Institute (Incorporation) LAWS OF MALAYSIA Act 865 CO-OPERATIVE INSTITUTE (INCORPORATION) ACT 1968 (Revised—2025) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2025 1 2 Laws of Malaysia Act 865 CO-OPERATIVE INSTITUTE (INCORPORATION) ACT 1968 Revised up to … … … … 9 May 2025 Date of publication in the Gazette of this revised edition … … 14 May 2025 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 15 May 2025 First enacted in 1968 as Act of Parliament No. 35 of 1968 Previous Revision First Revision … … … 1990 (Act 437 w.e.f. 31 March 1990) Co-operative Institute (Incorporation) LAWS OF MALAYSIA Act 865 CO-OPERATIVE INSTITUTE (INCORPORATION) ACT 1968 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and application 2. Interpretation Part II CO-OPERATIVE INSTITUTE OF MALAYSIA 3. Establishment of the Co-operative Institute of Malaysia 4. Common seal of the Institute 5. Functions of the Institute 6. Powers of the Institute Part III BOARD OF INSTITUTE 7. The Board of the Institute 8. Disqualification from being a member of the Board 9. Temporary exercise of functions of Chairman 10. Vacation of office 11. Revocation of appointment 12. Board meetings 3 4 Laws of Malaysia Section 13. Disclosure of interest 14. Board may invite others to meetings 15. Allowances 16. Validity of acts and proceedings 17. Power of the Minister to give directions 18. Study Committee 19. Power of the Board to establish other committees Act 865 Part IV APPOINTMENT OF DIRECTOR GENERAL, OFFICERS AND STAFF 20. Appointment of the Director General 21. Appointment of officers and staff 22. Branch of the Institute Part V FINANCE 23. The Fund and grants 24. Reserve Fund 25. Contributory Provident Fund 26. Expenditure of the Institute 27. Gifts 28. Borrowing powers 29. Investment 30. Annual estimates 31. Accounts and audit 32. Annual report Co-operative Institute (Incorporation) Part VI GENERAL Section 33. Public Authorities Protection Act 1948 34. Public servants 35. Obligation of secrecy 36. Civil proceedings 37. Act or omission done in good faith 38. Power of Board to make rules and guidelines 39. Power of Minister to make regulations 40. Vesting of property, etc. 41. Saving 5 6 Laws of Malaysia Act 865 Co-operative Institute (Incorporation) 7 LAWS OF MALAYSIA Act 865 CO-OPERATIVE INSTITUTE (INCORPORATION) ACT 1968 An Act to incorporate the Co-operative Institute of Malaysia for the purpose of developing and promoting co-operative training and education and to provide for matters connected therewith. [1 November 1968, P.U. 422/1968] PART I PRELIMINARY Short title and application 1. (1) This Act may be cited as the Co-operative Institute (Incorporation) Act 1968. (2) This Act applies throughout Malaysia. Interpretation 2. In this Act, unless the context otherwise requires— “Institute” means the Co-operative Institute of Malaysia established under section 3; “Director General” means the Director General of the Institute appointed under subsection 20(1); “Reserve Fund” means the Reserve Fund established under section 24; 8 Laws of Malaysia Act 865 “Contributory Provident Fund” means the Contributory Provident Fund established under section 25; “Board” means the Board of the Co-operative Institute of Malaysia established under section 7; “Minister” means the Minister charged with the responsibility for co-operative development; “financial year” means the period from 1 January to 31 December in a year. Part II CO-OPERATIVE INSTITUTE OF MALAYSIA Establishment of the Co-operative Institute of Malaysia 3. (1) A body corporate by the name of “Co-operative Institute of Malaysia” or, in the national language, “Institut Koperasi Malaysia” is established. (2) The Institute shall have perpetual succession and a common seal. (3) The Institute may sue and be sued in its name. (4) Subject to and for the purposes of this Act, the Institute may, upon such terms as it deems fit— (a) enter into contracts; (b) acquire, purchase, take, hold and enjoy movable and immovable property which may become vested in the Institute by purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise; (c) convey, assign, surrender, yield up, charge, sell, mortgage, lease, exchange, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property of any description or any interest therein vested in the Institute upon such terms as the Institute deems fit; and Co-operative Institute (Incorporation) 9 (d) exercise, perform and discharge, in accordance with the provisions of this Act, all powers, functions and duties conferred, provided or imposed upon the Institute by such provisions. Common seal of the Institute 4. (1) The common seal of the Institute may from time to time be broken, changed, altered and made anew as the Board thinks fit. (2) The common seal of the Institute shall be kept in the custody of the Director General and shall be used with the authority of the Board. (3) The common seal of the Institute shall be affixed to all diplomas and certificates and signed by— (a) the Director General or, in his absence, one other member of the Board authorized in writing by the Board; and (b) any other person authorized by the Board, and such signature shall be sufficient evidence that such seal was duly and properly affixed and that the same is the lawful seal of the Institute. (4) The seal of the Institute shall be officially and judicially noticed. (5) Any document or instrument which, if executed by a person not being a body corporate, would not be required to be under seal may in like manner be executed by the Institute; and any such document or instrument may be executed on behalf of the Institute by the Director General, or by any person generally or specially authorized in writing by the Board. 10 Laws of Malaysia Act 865 Functions of the Institute 5. The functions of the Institute are as follows: (a) to provide a course in co-operative studies and such other courses of study and make such award of diplomas as the Institute deems fit; (b) to print or publish, or assist in the printing or publication of, books on co-operatives or any subject connected therewith; (c) to make such rules as may be necessary to regulate the responsibilities and control of officers and staff of the Institute and to impose such fees payable in respect of any course of study as the Institute deems fit; (d) to carry out research on co-operative matters; (e) to provide consultancy services; (f) to conduct courses in co-operative studies and such other courses of study, jointly or in association, affiliation, collaboration or otherwise, with any higher educational institution or professional body, or any organization, within or outside Malaysia; and (g) to advise the Minister regarding matters related to training and education for co-operative societies. Powers of the Institute 6. The Institute shall, subject to the provisions of this Act, have the powers to— (a) confer diplomas, certificates and equivalent qualifications upon persons who have followed courses of study conducted by the Institute and have satisfied such other requirements as may be determined by the Board or as may be prescribed; Co-operative Institute (Incorporation) 11 (b) institute and award scholarships, bursaries, medals, prizes and other forms of distinctions, awards or assistance in respect of the training, education and knowledge based services provided by the Institute; (c) grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the Board; (d) market or commercialize the services, research findings and products of the Institute; (e) demand and receive such fees as may from time to time be determined by the Board or as may be prescribed; (f) do any thing, whether or not incidental to the powers referred to in paragraphs (a), (b), (c), (d) and (e), which may be done for the enhancement of education, training, finance, administration, welfare and discipline in the Institute; and (g) establish or promote the establishment of companies under the Companies Act 2016 [Act 777] to carry on or engage in any activity which has been planned or undertaken by the Institute with the approval of the Minister of Finance. Part III BOARD OF INSTITUTE The Board of the Institute 7. (1) The Institute shall be administered by the Board of the Institute which consists of the following members: (a) a Chairman; (b) the Executive Chairman of the Malaysia Co-operative Societies Commission as Deputy Chairman; 12 Laws of Malaysia Act 865 (c) the Director General of the Institute; (d) a representative of the Treasury; (e) a representative of the Ministry in charge of co-operative development; (f) a representative of the National Co-operative Organization of Malaysia Berhad (ANGKASA); (g) six persons representing the co-operative movement; and (h) three other persons who, in the opinion of the Minister, possess the qualification or experience in matters relating to the development, operation or well-being of the Institute. (2) The members referred to in paragraphs (1)(a), (d), (e), (f), (g) and (h)— (a) shall be appointed by the Minister for a term not exceeding two years; and (b) shall be eligible for reappointment upon the expiry of his term of office. (3) A senior officer of the Institute shall be appointed by the Board as Secretary to the Board but with no voting rights. (4) A member of the Board appointed under paragraphs (1)(a), (d), (e), (f), (g) and (h) may at any time resign his office by a letter addressed to the Minister. (5) Where a member appointed under paragraphs (1)(a), (d), (e), (f), (g) and (h) ceases to be a member of the Board, the Minister may appoint another person to fill the vacancy for the remainder of the term for which the vacating member was appointed. (6) Subject to this Act, the Board may determine its own procedure. Co-operative Institute (Incorporation) 13 Disqualification from being a member of the Board 8. A person shall be disqualified from being appointed or being a member of the Board— (a) if there has been proved against him, or he has been convicted on a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under a law relating to corruption; (iii) an offence under this Act; or (iv) any other offence punishable with imprisonment, in itself only or in addition to or in lieu of a fine, for more than two years; (b) if he becomes a bankrupt; or (c) if he has been found or declared to be of unsound mind or has otherwise become incapable of managing his affairs. Temporary exercise of functions of Chairman 9. (1) Where the Chairman is for any reason unable to perform his functions or during any period of vacancy in the office of the Chairman, the Deputy Chairman shall perform the functions of the Chairman. (2) Where both the Chairman and the Deputy Chairman are for any reason unable to perform the functions of the Chairman or during any period of vacancy in the offices of the Chairman and Deputy Chairman, the Minister may appoint any member of the Board to perform the functions of the Chairman. (3) The Deputy Chairman or the member appointed under subsection (2), as the case may be, shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman and shall have all the powers of the Chairman. 14 Laws of Malaysia Act 865 Vacation of office 10. The office of a member of the Board referred to in subsection 7(1) shall become vacant— (a) upon the death of the member; (b) upon the member resigning from such office by letter addresse