Laws of Malaysia·Act 173

UNIVERSITI TEKNOLOGI MARA ACT 1976

AKTA UNIVERSITI TEKNOLOGI MARA 1976

Official editions

  • English edition
    UNIVERSITI TEKNOLOGI MARA ACT 1976
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  • Edisi Bahasa Melayu
    AKTA UNIVERSITI TEKNOLOGI MARA 1976
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Business activities this Act regulates

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Consolidated text (extract)

Universiti Teknologi MARA 1 LAWS OF MALAYSIA REPRINT Act 173 UNIVERSITI TEKNOLOGI MARA ACT 1976 As at 1 November 2021 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2021 2 Act 173 Laws of Malaysia UNIVERSITI TEKNOLOGI MARA ACT 1976 Date of Royal Assent … … … … 25 May 1976 Date of publication in the Gazette … … … 31 May 1976 Latest amendment made by Act A1073 which came into operation on … … … 26 August 1999 .... Previous Reprints First Reprint … … … … … 1998 Second Reprint … … … … … 2001 Third Reprint … … … … … 2006 Fourth Reprint … … … … … 2009 Universiti Teknologi MARA 3 LAWS OF MALAYSIA Act 173 UNIVERSITI TEKNOLOGI MARA ACT 1976 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 1a. Establishment of Universiti is pursuant to Article 153 of the Federal Constitution 2. Interpretation Part II ESTABLISHMENT OF UNIVERSITI 3. Establishment of the Universiti as body corporate 3a. Non-application of Act 30 4. Powers of the Universiti 4a. Additional powers of the Universiti 5. Common seal of the Universiti 6. Location of Universiti 7. Branches of Universiti 8. Schools and Centres 9. Conduct of study, jointly, etc., with any University, etc. 10. General power to transact business 11. Power to employ agents 12. Additional functions of the Universiti 4 Laws of Malaysia Act 173 Part III BOARD 13. The Board of Directors 14. Powers and functions of the Board 15. Delegation of powers of the Board 16. Committees of the Board 16a. The Senate 16b. Alumni associations 17-19. (Deleted) Part IV OFFICERS AND OTHER STAFF OF THE UNIVERSITI 19a. Chancellor 19b. Appointment of Pro-Chancellor 20. Appointment, powers and duties of Vice-Chancellor and Deputy ViceChancellor 21. Registrar 22. Bursar 22a. Appointment of other principal officers 23. Appointment of other staff 23a. Discipline of staff of the Universiti Part IVa PROVISIONS RELATING TO STUDENTS 23b. Discipline of students of the Universiti 23c. Students’ Representative Committee 23d. Establishment of other student bodies 23e. Dissolution of the SRC or other student body Universiti Teknologi MARA 5 Section 23f. Prohibition on student or students’ organization, body or group associating with societies, etc., except as approved by the Minister 23g. Prohibition on collection of money by student or by organization, body or group of students 23h. Criminal liability of office-bearers, etc., of students’ organization, body or group 23i. Presumptions 23j. Suspension and expulsion of student charged with criminal offence or against whom criminal offence is proved 23k. Minister’s power to suspend or expel student from the Universiti 23l. Removal or exclusion from the Universiti of suspended or expelled student Part V FINANCE 24. Establishment of Fund 25. Reserve fund 26. Annual estimates 27. Accounts and audit 28. Gifts 28a. Imposition of surcharge Part VI GENERAL 29. Power of Minister to give directions 29a. Power of Minister to delegate 29b. Convocation 30. Returns, reports, accounts and information 31. Public Authorities Protection 32. Public servants 33. Obligation of secrecy 6 Laws of Malaysia Section 34. Civil proceedings 34a. Act or omission done in good faith 34b. Service 35. Power of Board to make rules Part VII TRANSITIONAL 36. Interpretation of this Part 37. Transfer of powers, rights, duties, etc. 38. Transfer of property 39. Existing contracts 40. Continuance of criminal and civil proceedings 41. Transfer of fund 42. Continuance of officers and servants 43. Students 44. Pending disciplinary proceedings 45. Branches 46. Dissolution of governing body 47. Minister’s power to amend this Part First Schedule Second Schedule Third Schedule Act 173 Universiti Teknologi MARA 7 LAWS OF MALAYSIA Act 173 UNIVERSITI TEKNOLOGI MARA ACT 1976 An Act to provide for the establishment, maintenance and administration of the Universiti Teknologi MARA and for other connected matters. [1 June 1976, P.U. (B) 278/1976] BE IT ENACTED by 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 commencement 1. (1) This Act may be cited as the Universiti Teknologi MARA Act 1976. (2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint, such date not being earlier than the date on which the notification is published. Establishment of Universiti is pursuant to Article 153 of the Federal Constitution 1 a . The Universiti Teknologi MARA is established pursuant to and in accordance with the provisions of Article 153 of the Federal Constitution. 8 Laws of Malaysia Act 173 Interpretation 2. (1) In this Act, unless the context otherwise requires— “alumni associations” means the alumni associations, constituted under section 16b, of the Institut Teknologi MARA and of the Universiti; “appointed date” means the date appointed by the Minister under subsection 1(2); “Board” means the Board of Directors of the Universiti constituted under section 13; “Branch” means a Branch of the Universiti established under section 7; “Bursar” means the principal financial officer of the Universiti, by whatever name called, appointed under section 22; “campus” means the area or areas, together with all buildings or other structures thereon, which belong to or are used by, whether permanently or otherwise, the Universiti; “Chairman” means Chairman of the Board appointed under paragraph 13(2)(a); “Chancellor” means the Chancellor of the Universiti and includes any other person, by whatever name called, who is appointed as the Head of the Universiti, and “Pro-Chancellor” shall be construed accordingly; “course of study” includes training programmes; “degree” means the degree conferred on a person at a Bachelor level or a Masters level or a Doctorate level by the Universiti after his successful completion of a course of study which is designed to lead to the conferment of such degree or the equivalent thereof; “Fund” means the Universiti Teknologi MARA Fund established under section 24; Universiti Teknologi MARA 9 “higher educational institution” means an educational institution— (a) whether or not established under any written law; or (b) whether within or outside Malaysia, providing higher education leading to the conferment of a certificate, diploma, degree or the equivalent thereof; “Minister” means the Minister responsible for *higher education; “prescribed” means prescribed by rules made under section 35; “Provost” means the principal executive, administrative and academic officer of a Branch, by whatever name called, appointed under section 7; “Registrar” means the principal officer of the Registry of the Universiti, by whatever name called, appointed under section 21; “School or Centre” means the School or Centre of the Universiti and includes a Faculty, a College, a Department or an Academy of the Universiti, and in relation to a Branch, includes any part of the School, Centre, Faculty, College, Department or Academy designated to such Branch; “Senate” means the Senate of the Universiti constituted under section 16a; “staff” means— (a) any officer or servant of the Universiti; (b) any person appointed to be a lecturer by the Board, and includes a senior professor, professor, associate professor, assistant professor, reader, senior lecturer, assistant lecturer, and tutor; or (c) any person employed by the Board; “student” means a registered student of the Universiti who is following a course of study of any description from or by or in the Universiti; * NOTE—See the Ministers of the Federal Government (No. 3) Order 2021 [P.U. (A) 383/2021]. 10 Laws of Malaysia Act 173 “Students’ Representative Committee” or “SRC” means the Students’ Representative Committee established under section 23c; “Universiti” means the Universiti Teknologi MARA established under section 3 and includes a Branch; “University” or “University College” means— (a) a University or University College established under the Universities and University Colleges Act 1971 [Act 30]; (b) a University or University College established under the Private Higher Educational Institutions Act 1996 [Act 555]; or (c) other Universities or University Colleges— (i) whether or not established under written law; or (ii) whether within or outside Malaysia; “Vice-Chancellor” means the Vice-Chancellor of the Universiti appointed under section 20 and includes any other person, by whatever name called, who has been appointed as the chief executive officer of the Universiti, and “Deputy Vice-Chancellor” shall be construed accordingly. Part II ESTABLISHMENT OF THE UNIVERSITI Establishment of the university as body corporate 3. There is hereby established a Universiti with the name and style of Universiti Teknologi MARA, by which name and style the Chancellor, the Pro-Chancellors, the Vice-Chancellor and the members for the time being of the Board of Directors and the Senate are hereby constituted a body corporate with perpetual succession, and with full power and authority under such name— (a) to sue and be sued; Universiti Teknologi MARA 11 (b) to have and use a common seal and from time to time to break, change, alter or make anew such seal as it shall deem fit; (c) for the purposes of the Universiti as provided in this Act, to enter into contracts, to acquire, take, hold and enjoy movable and immovable property of every description, including any such property which may become vested in it by purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise; (d) for the purposes of the Universiti as provided in this Act, to convey, assign, surrender, yield up, charge, sell, mortgage, lease, exchange, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property of any description or any interest therein vested in the Universiti upon such terms as it deems fit; (e) to exercise, perform and discharge, in accordance with the provisions of this Act, all powers, functions and duties conferred, provided or imposed upon the Universiti by such provisions. Non-application of Act 30 3a. The Universities and University Colleges Act 1971 shall not apply to the Universiti. Powers of the Universiti 4. (1) The Universiti 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 may appear necessary or desirable for education and training in the fields of technology, science, commerce, business, industry, management or administration, or in the field of any vocation, in Malaysia or elsewhere; 12 Laws of Malaysia Act 173 (b) to confer degrees, diplomas, certificates and other academic distinctions upon persons who have followed courses of study approved by the Universiti and have satisfied such other requirements as may be determined by the Board, or as may be prescribed; (ba) to confer honorary degrees or awards on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service as may be recommended by the Board after consultation with the Senate; (c) to recognize the degrees, diplomas and certificates of such educational institutions or bodies as may be determined by the Board, or as may be prescribed, for the purpose of admission to the courses of study and examinations of the Universiti; (ca) to institute chairs, lectureships, and other posts and offices, and to make appointments thereto; (d) to erect, equip and maintain libraries, laboratories, lecture halls, hostel

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