AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN ACT 2006

Akademi Seni Budaya dan Warisan Kebangsaan LAWS OF MALAYSIA REPRINT Act 653 AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN ACT 2006 Incorporating all amendments up to 31 August 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 1 2 AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN ACT 2006 Date of Royal Assent ... ... ... … … 15 June 2006 Date of publication in the Gazette … … 29 June 2006 3 LAWS OF MALAYSIA Act 653 AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN ACT 2006 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II THE AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN 3. Establishment of the Akademi Seni Budaya dan Warisan Kebangsaan 4. Non-application of Act 30, Act 550 and Act 555 5. Powers of the Akademi 6. Faculties, Departments or Centres 7. Conduct of study, jointly, etc., with any University, etc. PART III CONSTITUTION AND POWERS OF BOARD OF DIRECTORS 8. The Board of Directors 9. Powers and functions of the Board 10. Delegation of powers and functions of the Board 11. Committees of the Board 12. The Board of Studies PART IV OFFICERS AND OTHER STAFF OF THE AKADEMI 13. Appointment, powers and duties of Rector and Deputy Rector 4 Laws of Malaysia ACT 653 Section 14. Registrar 15. Bursar 16. Appointment of other staff PART V PROVISIONS RELATING TO STUDENTS 17. Discipline of students of the Akademi 18. Students’ Representative Committee 19. Establishment of other student bodies 20. Dissolution of the SRC or other student body 21. Prohibition on student or students’ organization, body or group associating with societies, etc., except as approved by the Minister 22. Prohibition on collection of money by student or by organization, body or group of students 23. Criminal liability of office-bearers, etc., of a students’ organization, body or group 24. Presumptions 25. Suspension and expulsion of student charged with a criminal offence or against whom a criminal offence is proved 26. Board’s power to suspend or expel a student from the Akademi PART VI FINANCE 27. Establishment of Fund 28. Conservation of Fund 29. Power to invest 30. Annual estimates 31. Statutory Bodies (Accounts and Annual Reports) Act 1980 32. Imposition of surcharge PART VII GENERAL 33. Power of Minister to give directions 34. Power of Minister to delegate 35. Convocation Akademi Seni Budaya dan Warisan Kebangsaan Section 36. Public Authorities Protection Act 1948 37. Public servants 38. Obligation of secrecy 39. Civil proceedings 40. Act or omission done in good faith 41. Service 42. Power of Board to make rules 43. Amendment of Schedule PART VIII TRANSITIONAL 44. Revocation of registration of the Akademi Seni Kebangsaan 45. Transfer of powers, rights, duties, etc. 46. Transfer of property 47. Existing contracts 48. Continuance of civil and criminal proceedings 49. Transfer of fund 50. Continuance of officers and staff 51. Students 52. Pending disciplinary proceedings SCHEDULES 5 6 Laws of Malaysia ACT 653 Akademi Seni Budaya dan Warisan Kebangsaan 7 LAWS OF MALAYSIA Act 653 AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN ACT 2006 An Act to provide for the establishment, maintenance, and administration of the Akademi Seni Budaya dan Warisan Kebangsaan and for other matters connected therewith. [1 August 2006, P.U. (B) 213/2006] ENACTED by the Parliament of Malaysia as follows: PART I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Akademi Seni Budaya dan Warisan Kebangsaan Act 2006. (2) This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires— “Akademi” means the Akademi Seni Budaya dan Warisan Kebangsaan established under section 3; “Board” means the Board of Directors of the Akademi Seni Budaya dan Warisan Kebangsaan constituted under section 8; 8 Laws of Malaysia ACT 653 “Board of Studies” means the Board of Studies of the Akademi established under section 12; “Chairman” means the Chairman of the Board; “Rector” means the Rector of the Akademi appointed under section 13 as the chief executive officer of the Akademi and “Deputy Rector” shall be construed accordingly; “appointed date” means the date appointed by the Minister under subsection 1(2). PART II THE AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN Establishment of the Akademi Seni Budaya dan Warisan Kebangsaan 3. (1) There shall be established an academy to be known as the “Akademi Seni Budaya dan Warisan Kebangsaan” (hereinafter referred to as “the Akademi”). (2) The Akademi shall be a body corporate with perpetual succession, and with full power and authority under such name— (a) to sue and be sued; (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) 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) 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 Akademi upon such terms as it deems fit; Akademi Seni Budaya dan Warisan Kebangsaan 9 (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 Akademi by such provisions. (3) Subject to the approval of the Minister, the Akademi may provide studies, courses and training in the fields of culture, arts and heritage which in particular may include fine art, cinematography or filming, choreography, drama, stage or cinematic acting, stage management, photography, designing, creative arts, dance, creative writing, screen play, script writing, archiving or subject pertaining to the archives, library science or subjects pertaining to library, museum subjects, television or electronic media productions, music and such other studies, course or training as the Board may decide from time to time. Non-application of Act 30, Act 550 and Act 555 4. The Universities and University Colleges Act 1971 [Act 30], Education Act 1996 [Act 550] and Private Higher Educational Institutions Act 1996 [Act 555] shall not apply to the Akademi. Powers of the Akademi 5. The Akademi 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 enumerated under subsection 3(3) or as determined by the Board and approved by the Minister from time to time; (b) to confer internationally recognised academic and professional qualifications or awards, diplomas, certificates and other academic distinctions upon persons who have followed courses of study approved by the Akademi and have satisfied such other requirements as may be determined by the Board; (c) to confer 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, in the fields of culture, arts and heritage; 10 Laws of Malaysia ACT 653 (d) to determine and prescribe the qualifications for the purpose of admission to the courses of study and examinations of the Akademi; (e) to set up posts for academic and training purposes, lectureships, and other posts and offices, and to make appointments thereto; (f) to award recognitions, medals, prizes and other forms of distinctions or assistance in respect of the education and training provided by or in the Akademi; (g) to enter into contracts and to appoint such staff either local or foreign, on terms agreed by both parties as may be required for the purposes of the Akademi; (h) to grant loans or advances to the staff of the Akademi in pursuit of academic excellence; (i) to grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the Board; (j) to conduct research and production for the effective promotion and utilization of the research findings of the Akademi; (k) to market and franchise the services, research findings, and products, of the Akademi; (l) to demand and receive such fees as may from time to time be determined by the Board, or as may be prescribed; (m) to do all such acts and things, whether or not incidental to the powers aforesaid, as may be requisite in order to supplement, complement, improve or fulfil the objectives of the Akademi. Faculties, Departments or Centres 6. (1) The Akademi may establish faculties, departments or centres as may, from time to time, be determined by the Board, and such faculties, departments or centres shall bear such names as the Board may assign to them. (2) A faculty, department or centre shall be headed by a person to be appointed by the Rector. (3) The head of a faculty, department or centre shall be responsible to the Rector and shall perform such duties as may be assigned to him by the Rector. Akademi Seni Budaya dan Warisan Kebangsaan 11 Conduct of study, jointly, etc., with any University, etc. 7. (1) The Akademi may, with the prior written approval of the Minister— (a) conduct any course of study jointly or in association, affiliation, collaboration or by way of franchise or otherwise, with any University, University College, higher educational institution, or professional body, or any organization, within or outside Malaysia; and (b) conduct any such course of study either wholly or partly within or outside Malaysia. (2) The approval of the Minister under subsection (1) may be made subject to such terms and conditions as the Minister may deem fit to specify. (3) The Minister shall not give approval under subsection (1) unless he is satisfied that the Akademi has made all necessary arrangements with the University, University College, higher educational institution, or professional body, or organization concerned for the conduct of the course of study. (4) In this section, “affiliation” includes the conduct of twinning programmes. PART III CONSTITUTION AND POWERS OF BOARD OF DIRECTORS The Board of Directors 8. (1) There shall be constituted a Board of Directors of the Akademi to be known as the Board of Directors of the Akademi Seni Budaya dan Warisan Kebangsaan. (2) The Board shall consist of the following members: (a) a Chairman; (b) the Rector; (c) two persons to represent the Government; (d) seven persons who in the opinion of the Minister possess the qualification and experience to be of assistance to the Board, and the well-being of the Akademi. 12 Laws of Malaysia ACT 653 (3) The appointment of the members of the Board, except the Rector, shall be made by the Minister for a period not exceeding three years and upon expiry of such period the members of the Board shall be eligible for reappointment. (4) The appointment of any member may at any time be revoked by the Minister without giving reasons for such revocation. (5) The Minister may appoint any member of the Board to exercise the functions of the Chairman— (a) if the Chairman is unable, by reason of illness, leave of absence or any other cause, to perform his functions; or (b) during any period of vacancy in the office of the Chairman. (6) A member appointed as the Chairman under subsection (5) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman. (7)