"Board"  , in relation to a University, means the Board of Directors of the University constituted in accordance with the Constitution of the University;

  "Campus"  , in relation to a University or University College, means:

  "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

3 PART II HIGHER EDUCATION-3. Responsibility of Minister.

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 national policies, strategies and guidelines on higher education formulated or determined by an authority established under any written law for such purposes.

4 PART II HIGHER EDUCATION-4. Power of Minister to appoint person or body to investigate.

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.

4A PART II HIGHER EDUCATION-4A. Committee To Advise Minister On Appointment.

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.

4B PART II HIGHER EDUCATION-4B. Secondment or transfer of service of university employee by Minister.

(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 whether it

4C PART IIA ADMINISTRATION-4C. Appointment and duty of Director General of Higher Education.

(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 the 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.

4D PART IIA ADMINISTRATION-4D. Delegation of functions, powers and duties of the Minister.

(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.

(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.

5 PART III UNIVERSITIES-5. Prohibition on establishing Universities.

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 ].

5A PART III UNIVERSITIES-5A. Non-application of Act to University established under treaty, etc.

(1) The provisions of this Act shall not apply to any higher educational institution with the status of a University which is authorised 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 that such higher educational institution should be established.

6 PART III UNIVERSITIES-6. Incorporation and establishment of a University.

(1) If, the Yang di-Pertuan Agong is satisfied that it is expedient in the national interest that a University should be established, he may by order:

(a) declare that there shall be established a higher educational institution having the status of a University, which shall be a body corporate, for the purpose of providing, promoting and developing higher education in all such branches of learning as shall be specified in the order;

(b) assign a name and style to that University; and

(c) specify the location of the site which shall be the seat of that University.

(1A) The Yang di-Pertuan Agong may amend, vary or revoke an order made under subsection (1) by a subsequent order published in the Gazette .

(2) An Order made under subsection (1) (hereinafter referred to as the "Incorporation Order") or (1A) shall, at the next meeting of Parliament, be laid b

7 PART III UNIVERSITIES-7. Effect of Incorporation Order and general powers of a higher educational institution which is a University.

(1) Upon the coming into force of the Incorporation Order made under section 6, a higher educational institution having the status of a University, with the name and style assigned to it by the Order, shall be deemed to have been established, and by which name the Chancellor, the Vice-Chancellor and the members for the time being of the Board and the Senate shall be deemed to have been constituted a body corporate with perpetual succession and with full power and authority by and in such name:

(a) to sue and be sued in all courts;

(b) to have and use a common seal and to alter the same at its pleasure;

(c) to purchase any immovable or movable property and to take, accept and hold any such property which may become vested in it by virtue of any such purchase or by any grant or donation, lease, subventions, legacies, testamentary disposition or otherwise;

(d) to sell, lease,

8 PART III UNIVERSITIES-8. Constitution of a University.

(1) The Constitution of a University shall contain provisions for all the matters set out in the First Schedule to this Act.

(2) If at any time the Constitution does not contain provisions set out in the First Schedule to this Act, the Board shall take such steps as may be necessary for giving effect to the provisions aforesaid or for removing the inconsistent provisions in the Constitution.

(3) Without prejudice to subsection (2), the Yang di-Pertuan Agong may, at any time, amend the Constitution so as to bring it into accord with the provisions of the First Schedule to this Act.

(4) The provisions of the Constitution shall take effect from such date as may be appointed by the Yang di-Pertuan Agong and shall have the force of law within Malaysia.

(5) Anything done or appointment made for and on behalf of the University prior to the date of the coming into force of the Constitution shall, on and after that date, be deeme

9 PART III UNIVERSITIES-9. University to keep office as an address for service in Malaysia.

(1) Every University shall keep and maintain an office situated within Malaysia, which shall be its address for service for all writs, plaints, notices, pleadings, orders, summonses, warrants or other proceedings and written communications of all kinds.

(2) All writs, plaints, notices, pleadings, orders, summonses, warrants or other proceedings or other written communications shall, if left at the office kept and maintained under subsection (1), be deemed duly served upon or delivered to a University or such officer or authority to whom they may have been addressed, in all proceedings before any Court in Malaysia.

10 PART III UNIVERSITIES-10. Copies of Statutes, etc., to be kept at office of University.

Every University shall keep at the office mentioned in section 9 a copy of each current Statute, Rule, Regulation or other documents required to be published under this Act or the Constitution, and shall keep the same available at all reasonable hours for inspection by the public and, where any books or copies of documents are, under this Act or the Constitution, required to be available for purchase by the public, such books or copies shall be kept available for purchase at such office or at some other place within Malaysia as the University may think fit.

11 PART III UNIVERSITIES-11. Grants-in-aid and accounts.

(1) Parliament may from time to time provide grants-in-aid to a University.

(2) All moneys paid to a University under subsection (1) shall be applied or expended by the University for all or any of the purposes of the University in accordance with the estimates approved under the provisions of the Constitution:

Provided that any such moneys appropriated to and not applied for the purposes of the annually recurrent expenditure of the University may, with the approval of the Minister, be applied to capital expenditure.

(3) A copy of the accounts of the University for each financial year shall be prepared and submitted for audit before 30th July immediately following the financial year; and the accounts together with the report of the auditor shall be submitted to the Minister.

(4) The Minister shall cause a copy of the audited accounts of the University to be laid before both Houses of Parliament.

12 PART III UNIVERSITIES-12. Establishment of Campus of a University.

(1) The Minister may, after consultation with the Board, by order published in the Gazette (hereinafter referred to as a "Campus Order"):

(a) establish a Campus of a University in or outside Malaysia;

(b) assign a suitable name or designation to the Campus;

(c) specify the site or location of the Campus, being the site or location which shall be in addition to the Campus at the seat of the University; and

(d) prescribe such other matters as may be necessary or expedient for giving effect to the Campus Order.

(2) The Minister may amend, vary or revoke a Campus Order by a subsequent order published in the Gazette .

(3) If any area is required to be used by the University temporarily for any purpose, the Vice-Chancellor may, with the consent of the Board, approve the use of such area for such purpose by the University for such du

13 PART III UNIVERSITIES-13. Acquisition of land for purposes of the University.

(1) When any immovable property, not being State land or reserved land or land vested in State or in the Federation or occupied or used by the Federation or a public authority for Federal purposes, is needed for the purposes of a University and cannot be acquired by agreement, such property may be acquired in accordance with the provisions of any written law relating to the acquisition of land for a public purpose for the time being in force in the State in which such property is situated, and any declaration required under any such written law that such land is so needed may be made notwithstanding that compensation is to be paid out of the funds of the University, and such declaration shall have effect as if it were a declaration that such land is needed for a public purpose made in accordance with such written law.

(2) Expenses and compensation in respect of any immovable property acquired under subsection (1) shall be paid by the University

14 PART III UNIVERSITIES-14. Exemption from estate duty.

No estate duty shall be payable in respect of the amount of any bequest to a University, and the value of the property passing on the death of a deceased shall be deemed not to include the amount of such bequest for the purpose of fixing the rate of estate duty.

15 PART III UNIVERSITIES-15. Activities of students or students' society, organization, body or group.

(1) Subject to subsection (2), a student of the University may become a member of any society, organization, body or group of persons, whether in or outside Malaysia, including any political party.

(2) A student of the University shall not:

(a) become a member of any unlawful society, organization, body or group of persons, whether in or outside Malaysia; or

[(a) Am. Act A1582: s.2]

(b) become a member of any society, organization, body or group of persons, not being a political party, which the Board determines to be unsuitable to the interests and well-being of the students or the University.

[(b) Am. Act A1582: s.2]

(c) [ Deleted by Act A1582 ].

(3) A student of the University and any society, organization, body or group of students of the University which is established by, under or in ac

15A PART III UNIVERSITIES-15A. Prohibition on collection of money by a student or by an organization, body or group of students.

(1) No student of the University, or any organization, body or group of students of the University, shall, in or outside the Campus, or in or outside Malaysia, collect or attempt to collect, or promote or attempt to promote any collection of, or make any appeal orally or in writing or otherwise or attempt to make any such appeal for, any money or other property from any person, not being money or property due or about to fall due under or by virtue of any written law, contract or other legal obligation.

(2) Any person who breaches subsection (1) shall be liable to disciplinary action.

(3) The Vice-Chancellor may, in any particular case, grant exemption to any person from the application of subsection (1), subject to such terms and conditions as he thinks fit.

(4) [Deleted by Act A1342: s.9]

(5) The provisions of this section shall be in addition to and not in derogation from the provisions of any written law relating to

15B PART III UNIVERSITIES-15B. Liability of students or students' organization, body or group.

Where a registrable offence has been committed under any written law and such offence has been committed or purports to have been committed in the name or on behalf of any organization, body or group of students of the University which is established by, under or in accordance with the Constitution, every person convicted of such offence shall be liable to disciplinary action and such organization, body or group of students shall be dealt with in accordance with section 16.

15C PART III UNIVERSITIES-15C. [Deleted]

(Deleted by Act A1342: s.11)

15D PART III UNIVERSITIES-15D. Suspension of student charged with registrable offence and matters relating to detention, etc.

(1) Where a student of the University is charged with a registrable offence:

(a) he may, in the discretion of the Vice-Chancellor, be suspended from being a student; and

(b) if so suspended, he shall not during the pendency of the criminal proceedings, remain in or enter the Campus.

(2) Where a student of the University charged with a registrable offence under subsection (1) is convicted of that offence, the student shall be liable to disciplinary action.

(3) Where a student of the University is detained or is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security, the student shall be liable to disciplinary action.

(4) A student of the University who is detained or is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security, o

16 PART III UNIVERSITIES-16. Power of Vice-Chancellor to suspend or dissolve any organization, body or group of students.

(1) If any organization, body or group of students of the University conducts itself in a manner which the Vice-Chancellor considers detrimental or prejudicial to the interests or well-being of the University, or to the interests or well-being of any of the students or employee of the University, or to public order, safety or security, or if any such organization, body or group violates any provision of any written law, the Vice-Chancellor may, after giving the organization, body or group of students of the University an opportunity to make a written representation, suspend or dissolve such organization, body or group.

(2) Any organization, body or group of students of the University aggrieved by the suspension or dissolution made under subsection (1) may, within fourteen days from the date of receipt of the notice of the suspension or dissolution, appeal in writing to the Minister.

16A PART III UNIVERSITIES-16A. [Deleted]

(Deleted by Act A1342: s.14)

16B PART III UNIVERSITIES-16B. Disciplinary authority in respect of students of the University.

(1) The disciplinary authority of the University in respect of every student of the University shall be the Vice-Chancellor.

(2) The Vice-Chancellor who is the disciplinary authority under subsection (1), shall have the power to take such disciplinary action and impose such disciplinary punishment as may be provided for under any disciplinary rules that may be made by the Board under section 16C.

(3) The Vice-Chancellor may delegate his disciplinary functions, powers or duties to any of the Deputy Vice-Chancellors, employee of the University, or committee of employees of the University, in respect of any particular student or any class or category of the students of the University.

(3A) The Vice-Chancellor, or Deputy Vice-Chancellor, employee or committee of employees delegated with the functions, powers or duties under subsection (3), shall inform the student in writing of the grounds on which it is proposed to take action agai

16C PART III UNIVERSITIES-16C. Disciplinary rules.

(1) The Board shall have the power to make such disciplinary rules as it deems necessary or expedient to provide for the discipline of the students of the University; the disciplinary rules made under this subsection shall be published in the Gazette.

(2) The disciplinary rules made under this section may include provisions for the suspension of a student of the University during the pendency of disciplinary proceedings.

(3) The disciplinary rules made under this section shall create such disciplinary offences and provide for such disciplinary punishments as the Board may deem appropriate, and the punishments so provided may extend to expulsion of the student from the University.

(4) The disciplinary rules made under this section shall prescribe the procedures for disciplinary proceedings and disciplinary appeal proceedings.

(5) The particularity of the matters referred to in subsections (2), (3) and (4) shall b

16D PART III UNIVERSITIES-16D. [Deleted].

(Deleted by Act A1342: s.17)

17 PART III UNIVERSITIES-17. Constitution to provide protection of benefits under provident fund scheme.

The Constitution may establish a provident fund scheme for its employees and the following provisions shall apply to any such provident scheme:

(a) no assurance on the life of any contributor under any provident scheme and no moneys or other benefits received under such assurance or in any other manner under any such scheme shall be capable of being taken in execution or otherwise garnished, attached, sequestered or levied upon for or in respect of any debt or claim whatsoever against the contributor or his estate unless the University in its discretion shall have assigned such assurance, moneys or other benefits to the contributor for his absolute use and benefit or, in the case of his death, to his legal personal representative;

(b) subject to any discretionary trusts or powers as to the application thereof vested by any Act or rules relating thereto in the University or other person administering the pr

18 PART III UNIVERSITIES-18. Transitional provisions.

The Yang di-Pertuan Agong may in respect of the Constitution provide such transitional provisions as he may deem necessary or expedient for the purpose of achieving the objects of the University.

19 PART IV UNIVERSITY COLLEGES-19. Prohibition on establishing University Colleges.

No higher educational institution with the status of a University College shall be established except in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996.

20 PART IV UNIVERSITY COLLEGES-20. Incorporation and establishment of a University College.

(1) If, the Yang di-Pertuan Agong is satisfied that it is expedient in the national interest that a University College should be established, he may by order:

(a) declare that there shall be established a higher educational institution having the status of a University College, which shall be a body corporate for the purpose of providing, in accordance with the provisions of this Act and the Constitution of the University College, higher education in specified branches of learning;

(b) assign a name to that University College; and

(c) specify the location of the site which shall be the seat of that University College.

(2) The Yang di-Pertuan Agong may amend, vary or revoke an order made under subsection (1) by a subsequent order published in the Gazette .

21 PART IV UNIVERSITY COLLEGES-21. Constitution of a University College.

(1) The Yang di-Pertuan Agong may by regulations prescribe the

(2) The Yang di-Pertuan Agong may at any time amend the

(3) The provisions of the Constitution of a University College shall take effect from such date as may be appointed by the Yang di-Pertuan Agong and shall have the force of law within Malaysia.

(4) Anything done or appointment made for and on behalf of the University College prior to the date of the coming into force of the Constitution shall, on and after that date, be deemed to be made for, by or on behalf of the University College.

22 PART IV UNIVERSITY COLLEGES-22. Application of provisions of Part III to this Part.

Subsections 6(2), sections 7, 9, 10, 11, 13, 14, 15, 15A, 15B, 15D, 16, 16B, 16C and 17 applicable to a University established under this Act shall mutatis mutandis apply to a University College established or deemed to be established under this Act subject to the following modifications, that is to say:

(a) reference to "University" shall be read as reference to "University College";

(aa) reference to "Board" shall be read as reference to the executive body of the University College;

(b) reference to "Chancellor", "Vice-Chancellor" and "Deputy Vice-Chancellor" shall be read as reference to the appropriate authorities of the University College;

(c) reference to "Pro-Chancellor" shall be deleted; and

(d) such other modifications as may be necessary or expedient for giving effect to this section.

22A PART IV UNIVERSITY COLLEGES-22A. Duty to maintain register.

(1) The Director General shall keep and maintain or cause to be kept and maintained a National Higher Education Register containing particulars of:

(a) higher educational institutions established under section 6;

(b) programmes conducted or provided by higher educational institutions;

(c) persons who have been conferred with degrees at doctoral level, including an honorary doctorate;

(d) persons who have been appointed as professors and include persons who have been conferred with the title of Royal Professor or Professor Emeritus; and

(e) any other matter relating to higher education which he deems necessary.

(2) The Director General may make the National Higher Education Register available for public inspection subject to such conditions as he thinks fit.

(3) A person may on payment of fees as prescribed by the Minister:

22B PART IV UNIVERSITY COLLEGES-22B. Duty to maintain database.

(1) Every higher educational institution established under section 6 shall keep and maintain a database containing particulars of:

(a) programmes conducted or provided by higher educational institutions;

(b) persons who have been conferred with degrees at doctoral level, including an honorary doctorate;

(c) persons who have been appointed as professors and include persons who have been conferred with the title of Royal Professor or Professor Emeritus; and

(d) any other matter relating to higher education which he deems necessary.

(2) The database mentioned in subsection (1) shall be made accessible to the Minister as he may require.

23 PART V GENERAL-23. Offence of establishing a University or University College.

(1) No person shall establish, form or promote or do anything or carry on any activities for the purpose of establishing or forming or promoting the establishment or formation of a University or University College otherwise than in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall on conviction be liable to a fine of ten thousand ringgit or to imprisonment for a term of five years or to both.

24 PART V GENERAL-24. Certain prohibitions in respect of "University" or "University College".

(1) No person shall establish, manage or maintain a higher educational institution with the status of "University" or "University College" unless it is a higher educational institution established in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996.

(2) No higher educational institution or person shall issue to or confer on any person any degree or diploma purporting to be degree or diploma issued or conferred by a University or University College unless the issue or conferment is in accordance with the provisions of this Act or the Private Higher Educational Institutions Act 1996.

(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall on conviction be liable to a fine of five thousand ringgit or to imprisonment for a term of three years or to both.

24A PART V GENERAL-24A. Service.

(1) Service of any notice under this Act shall be effected by registered post to the person affected thereby and shall be deemed to have been served on the day succeeding the day on which the notice would have been delivered in the ordinary course of post.

(2) Where the person to whom there has been addressed a registered letter containing any notice which may be given under this Act is informed of the fact that there is a registered letter awaiting him, at a post office, and if such person refuses or neglects to take delivery of such registered letter, such notice shall be deemed to have been served upon him on the date on which he was so informed.

24B PART V GENERAL-24B. Public Authorities Protection Act 1948.

The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceedings against the University, the Board, the Senate, any member of the Board or Senate, the Vice-Chancellor, the Deputy Vice-Chancellors, the officer or the employee of the University in respect of any act, neglect or default done or committed by it or him in such capacity.

24C PART V GENERAL-24C. Act or omission done in good faith.

No action or suit shall be instituted or maintained in any court against:

(a) the Board;

(b) a member of the Board;

(c) the Vice-Chancellor;

(d) the Deputy Vice-Chancellors;

(e) the Senate;

(f) a member of the Senate;

(g) an officer or an employee of the University; and

(h) a person authorised to act for or on behalf of any of the bodies or persons under paragraphs (a) to (g) ,

for any act or omission done in good faith in the discharge of its or his powers and duties under this Act in a reasonable belief that it was necessary for the purpose intended to be served thereby.

24D PART V GENERAL-24D. Public servants.

All members of the Board and Senate, the Vice-Chancellor, Deputy Vice-Chancellors, officers and employees of the University while discharging their functions as such members, Vice-Chancellor, Deputy Vice-Chancellors, officers and employees, shall be deemed to be public servants within the meaning of the Penal Code [ Act 574 ].

24E PART V GENERAL-24E. Power of Minister to make regulations.

The Minister may make regulations for all or any of the following purposes:

(a) to prescribe the form in which a register shall be kept or maintained under this Act, entries to be made therein, provision for the inspection of and taking extracts from the register and the supply of copies thereof and the fees to be paid for such inspection, extracts and copies respectively;

(b) to prescribe any other matter which the Minister deems expedient or necessary for the purposes of this Act.

25 PART V GENERAL-25. Existing Universities.

(1) The University of Malaya established under the University of Malaya Act 1961 [ Act 44 of 1961 ], shall be deemed to be a University established under this Act.

(2) The University of Malaya Act 1961, shall, subject to the provisions of this Act, continue in force for the purpose of that University.

26 PART V GENERAL-26. Exemption.

The Yang di-Pertuan Agong may, on the advice of the Minister, by order published in the Gazette :

(a) exempt any University or University College from any provisions of this Act or the First and Second Schedules; or

(b) vary any provisions of the First and Second Schedules in their application to any University or University College.

27 PART V GENERAL-27. Repeal.

The Emergency (Essential Powers) Ordinance No. 74, 1971 is hereby repealed.