YAYASAN GURU TUN HUSSEIN ONN ACT 2014

Yayasan Guru Tun Hussein Onn laws OF MALAYSIA Act 763 YAYASAN GURU TUN HUSSEIN ONN Act 2014 1 2 Laws of Malaysia Date of Royal Assent Act 763 ... ... 18 July 2014 Date of publication in the Gazette ... ... ... 25 July 2014 Publisher’s Copyright C percetakan nasional malaysia berhad All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means electronic, mechanical, photocopying, recording and/or otherwise without the prior permission of Percetakan Nasional Malaysia Berhad (Appointed Printer to the Government of Malaysia). Yayasan Guru Tun Hussein Onn Laws of Malaysia Act 763 YAYASAN GURU TUN HUSSEIN ONN Act 2014 ARRANGEMENT OF sections Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II YAYASAN GURU TUN HUSSEIN ONN 3. Establishment of the Yayasan 4. Common seal Part III FUNCTIONS AND POWERS OF THE YAYASAN 5. Functions of the Yayasan 7. Delegation of the Yayasan’s functions and powers 6. 8. Powers of the Yayasan Power to establish companies, etc. Part IV BOARD OF TRUSTEES 9. Board of Trustees 10. Membership of the Board 12. Allowances 14. Tenure of office of members 11. Chairman 13. Alternate members 3 4 Laws of Malaysia Act 763 Section 15. 16. Revocation of appointment and resignation Vacation of office 17. Committees 18. Disclosure of interest Part V EMPLOYEES OF THE YAYASAN 19. Chief Executive Officer 20. Temporary exercise of functions of the Chief Executive Officer 22. Yayasan may adopt regulations, etc. 21. Appointment of other employees Part VI FINANCE 23. 24. The Fund Expenditure to be charged on the Fund 25. Conservation of the Fund 26. Reserve fund 28. Bank accounts 27. 29. Expenditure and preparation of estimates Power to borrow 30. Investment 31. Financial procedure 33. Accounts and reports 32. Financial year Part VII GENERAL 34. Prosecution 36. Public Authorities Protection Act 1948 35. Public servant Yayasan Guru Tun Hussein Onn 5 Section 37. Obligation of secrecy 39. Representation in civil proceedings 38. 40. Protection from personal liability Regulations Part VIII SAVINGS AND TRANSITIONAL 41. Transfer of powers, etc. 43. Existing contracts 42. 44. Vesting of property Transfer of moneys in the Fund 45. Continuance of employees 46. Continuance of pending applications, etc. 47. Continuance of civil and criminal proceedings 48. Reference in written law or document to the dissolved Kumpulan Wang 49. Continuance of use of name Schedule 6 Laws of Malaysia Act 763 7 Yayasan Guru Tun Hussein Onn laws of malaysia Act 763 YAYASAN GURU TUN HUSSEIN ONN Act 2014 An Act to establish the Yayasan Guru Tun Hussein Onn, to provide for its functions and powers and other matters incidental thereto, to dissolve the Kumpulan Wang Simpanan Guru, to revoke the Teachers Provident Fund Rules 1962 and to provide for consequential and incidental matters. [ ] ENACTED by the Parliament of Malaysia as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Yayasan Guru Tun Hussein Onn Act 2014. (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— “child” includes step child or legally adopted child; 8 Laws of Malaysia Act 763 “teacher” means an Education Service Officer appointed by the Education Service Commission; “appointed date” means the day the dissolved Kumpulan Wang is dissolved; “Chief Executive Officer” means the Chief Executive Officer appointed under section 19; “Fund” means the Yayasan Guru Tun Hussein Onn Fund established under section 23; “the dissolved Kumpulan Wang” means the Kumpulan Wang Simpanan Guru which was established under the repealed Education Act 1961 [Act 43/1961]; “Board” means the Board of Trustees established under section 9; “Minister” means the Minister charged with the responsibility for education; “teacher professionalism development” means any course or training provided to enhance the quality and competency of a teacher; “Chairman of the Board” means the Secretary General of the Ministry referred to in paragraph 10(1)(a); “Yayasan” means the Yayasan Guru Tun Hussein Onn established under section 3. Part II YAYASAN GURU TUN HUSSEIN ONN Establishment of the Yayasan 3. (1) A body corporate to be known by the name of “Yayasan Guru Tun Hussein Onn” is established. (2) The Yayasan shall have perpetual succession and a common seal. Yayasan Guru Tun Hussein Onn 9 (3) The Yayasan may sue and be sued in its corporate name. (4) Subject to and for the purposes of this Act, the Yayasan may, upon such conditions as the Yayasan thinks fit— (a) enter into contracts; (b) acquire, purchase, take, lease, hold, sell and enjoy any movable and immovable property of every description or any interest in such property vested in the Yayasan; and (c) convey, assign, surrender, yield up, charge, mortgage, demise, reassign, transfer or otherwise dispose of, or deal with, any movable or immovable property and any interest in such property vested in the Yayasan. Common seal 4. (1) The common seal of the Yayasan shall bear a device as approved by the Yayasan and the seal may from time to time be broken, changed, altered and made anew as the Yayasan thinks fit. (2) Until a seal is provided by the Yayasan, a stamp bearing the words “Yayasan Guru Tun Hussein Onn” may be used and shall be deemed to be its common seal. (3) The common seal of the Yayasan shall be kept in the custody of the Chairman of the Board or any other person authorized by the Yayasan, and shall be authenticated by either the Chairman of the Board or by such other person authorized by the Chairman of the Board in writing. (4) All deeds, documents and of the Yayasan other instruments purporting to be sealed with the common seal of the Yayasan and authenticated in accordance with subsection (3) shall, until the contrary is proved, be deemed to have been validly executed. (5) Any deed, document and other instrument which, if executed by a person not being a body corporate, is not required to be under seal may in like manner be executed by a member of the Board or by any officer of the Yayasan authorized in that behalf. 10 Laws of Malaysia Act 763 (6) The common seal of the Yayasan shall be officially and judicially noticed. (7) Every document to which the common seal of the Yayasan is affixed shall be signed by two members of the Board appointed by the Chairman of the Board in that behalf. Part III FUNCTIONS AND POWERS OF THE YAYASAN Functions of the Yayasan 5. The Yayasan shall have the following functions: (a) to assist the Ministry responsible for education in organizing activities related to teacher professionalism development; (b) to assist any party to carry out research towards the enhancement of the quality of the national education; (c) to do all things desirable or expedient or necessary in preserving the welfare of a teacher; (d) to assist in the education of the teacher’s child as may be determined by the Yayasan; and (e) to do all things as the Yayasan considers desirable or expedient or necessary to the performance of its functions under this Act. Powers of the Yayasan 6. (1) The Yayasan shall have the power to do all things necessary or expedient for or in connection with the performance of its functions. (2) Without prejudice to the generality of subsection (1), the powers of the Yayasan shall include power— (a) to make investment in the company established by the Yayasan for the purpose of generating the income of the Yayasan and receiving of returns on investments from the company; Yayasan Guru Tun Hussein Onn 11 (b) to accept contribution given to the Yayasan in the form of token, donation, endowment, gift or bequest; (c) to enter into any negotiations, agreements or arrangements that the Yayasan thinks fit in performing its functions; (d) to grant loans, financing and scholarships to a teacher or the teacher’s child in accordance with the procedures as may be determined by the Yayasan; (e) to formulate and implement a human resource development programme or any activities that the Yayasan thinks necessary for the development and improvement of the teaching profession; (f) to allocate grants to any party to carry out research in enhancing the quality of the national education; (g) to co-operate with any society, corporate body or government agencies for the purpose of performing its functions; (h) to impose fees or charges for the services provided by the Yayasan; (i) to grant loans, scholarships and advances to its employees; and (j) to do anything incidental to any of its functions and powers. Delegation of the Yayasan’s functions and powers 7. (1) The Yayasan may, in writing, delegate any of the functions and powers imposed or conferred on it by this Act, except the power to make subsidiary legislation, to— (a) the Chairman of the Board; (b) any member of the Board; or (c) the Chief Executive Officer. (2) Any person delegated with such functions and powers shall be bound to observe and have regard to all conditions and restrictions imposed by the Yayasan and all requirements, procedures and matters specified by the Yayasan. 12 Laws of Malaysia Act 763 (3) Any function and power delegated under this section shall be performed and exercised in the name and on behalf of the Yayasan. (4) The delegation under this section shall not preclude the Yayasan itself from performing or exercising at any time any of the delegated functions and powers. Power to establish companies, etc. 8. The Yayasan may establish companies under the Companies Act 1965 [Act 125] to carry on any activity of the Yayasan in the performance of its functions and in the exercise of its powers. Part IV BOARD OF TRUSTEES Board of Trustees 9. (1) There shall be a Board of Trustees. (2) The Board shall— (a) be responsible for the administration of the Yayasan; and (b) be responsible for such other matters as provided under this Act. Membership of the Board 10. (1) The Board shall consist of the following members: (a) the Secretary General of the Ministry responsible for education as Chairman; (b) the Director General of Education; (c) a representative of the Ministry of Finance; (d) an Education Service Officer who is serving at the Ministry responsible for education who shall be appointed by the Minister; Yayasan Guru Tun Hussein Onn 13 (e) a public servant other than an Education Service Officer who shall be appointed by the Minister; (f) an Education Service Officer who has retired who shall be appointed by the Minister; and (g) three other persons who have the expertise and experience in finance or investment who shall be appointed by the Minister. (2) The provisions of the Schedule shall apply to the members of the Board. (3) The Minister may amend the Schedule by order published in the Gazette. Chairman 11. (1) The Chairman of the Board shall preside over all meetings of the Board. (2) If the Chairman is absent from the meetings of the Board, he shall appoint any member of the Board to preside over the meeting. Allowances 12. The members of the Board shall not be paid any fixed monthly remuneration but are eligible to be paid such allowances as the Minister may determine. Alternate members 13. (1) The Minister may, in relation to each member appointed under paragraphs 10(1)(d), (e), (f) and (g), appoint a person to be an alternate member to attend, as an alternate to such member, meetings of the Board when such member is unable to attend for any reason. (2) An alternate member who attends the meetings of the Board shall, for all purposes, be deemed to be a member of the Board. 14 Laws of Malaysia Act 763 (3) An alternate member shall, unless he sooner resigns his office or his appointment is sooner revoked, cease