Establishment of the Universiti as a body corporate
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;
(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
The Universities and University Colleges Act 1971 shall not apply to the Universiti.
Powers of the Universiti
(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;
(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, hostels and all other buildings required for the purposes of the Universiti in Malaysia;
(e) to institute and award fellowships, scholarships, bursaries, medals, prizes and other forms of distinctions, awards or assistance in respect of the education and training provided from or by or in the Universiti;
(f) to enter into contracts and to appoint such staff as may be required for the purposes of the Universiti;
(g) to appoint and promote staff of the Universiti;
(h) to determine the conditions of service of the staff of the Universiti, including schemes of service, salary scales and leave;
(i) to establish pension, superannuation, provident fund or welfare schemes for the benefit of its staff, and to enter into arrangements with any other organization or person for the establishment of such schemes;
(j) to regulate and provide for the residence of staff and students of the Universiti and the welfare of staff and students;
(ja) to grant loans or advances to the staff of the Universiti;
(jb) to grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the Minister;
(jc) to conduct commercial research and production for the effective promotion and utilization of the research findings of the Universiti;
(jd) to market and franchise the services, research findings, and products, of the Universiti;
(k) to demand and receive such fees as may from time to time be determined by the Board, or as may be prescribed;
(l) to do all such acts and things, whether or not incidental to the powers aforesaid, as may be requisite in order to further education, training, finance, administration, welfare and discipline in the Universiti.
(2) The Universiti may, with the approval of the Minister, by order published in the Gazette, set out—
(a) the Diplomas and Advanced Diplomas conferred by the Universiti which have been recognized by the Government to be equivalent to degrees at Bachelor level; and
(b) the dates on which the Diplomas and Advanced Diplomas were given the recognition by the Government as mentioned in paragraph (a), and the Diplomas and Advanced Diplomas shall have the status of degrees conferred at Bachelor level, with or without honours, as the case may be, from the dates of such recognition, notwithstanding that the dates of such recognition are dates before the date of coming into force of this subsection.
Additional powers of the Universiti
(1) The Universiti may, with the approval of the Minister of Finance—
(a) where it appears to be requisite, advantageous or convenient for or in connection with the exercise of the powers, the performance of the functions and the carrying on of the activities of the Universiti, enter into equity participation, partnership, joint venture, undertaking or any other form of co-operation or arrangement in association, or otherwise, with—
(i) an enterprise, a company, a private undertaking or a syndicate of persons constituted for the carrying on of business in Malaysia or elsewhere;
(ii) the Federal Government or any State Government;
(iii) a public body or authority;
(iv) a commission; or
(v) a person;
(b) establish or promote the establishment of companies under the Companies Act 1965 [Act 125] to carry on or engage in any activity which has been planned or undertaken by the Universiti;
(c) establish corporations to carry out and have the charge, conduct and management of any property, project, scheme or enterprise which in the opinion of the Universiti would be beneficial or advantageous to the Universiti;
(d) borrow, at such rate of interest and for such period and upon such terms as the Minister may approve, any sums required by the Universiti for meeting its obligations or discharging any of its duties;
(e) secure borrowings under paragraph (d) by the issue of bonds, debentures or debenture stocks of such class and value or to charge, mortgage, pledge or otherwise create liens over its property, movable or immovable, upon such terms as the Universiti may deem expedient;
(f) for purposes of investment, acquire and hold for investment shares, stocks, debentures, debenture stocks, bonds, obligations and securities issued or guaranteed by—
(i) any company or private undertaking or any syndicate of persons constituted for the carrying on of business in Malaysia or elsewhere;
(ii) the Federal Government or any State Government;
(iii) a public body or authority; or
(iv) a commission;
(g) acquire shares, stocks, debentures, debenture stocks, bonds, obligations or securities referred to in paragraph (f) by original subscription, tender, purchase, transfer, exchange or otherwise;
(h) exercise and generally enforce all rights and powers conferred by or incidental to the ownership of shares, stocks, debentures, debenture stocks, bonds, obligations or securities referred to in paragraph (f) and in particular to sell, transfer, exchange or otherwise dispose of the same; and
(i) purchase, take on lease or hire or otherwise acquire and invest in any real and personal estate as may be necessary or convenient for any of the purposes of the Universiti.
(2) The provisions of the First Schedule shall apply to every corporation established by the Universiti under paragraph (1)(c).
Common seal of the Universiti
(1) The common seal of the Universiti shall be such seal as may be approved by the Board and such seal may in like manner from time to time be broken, changed, altered or made anew.
(2) The common seal of the Universiti shall be kept in the custody of the Vice-Chancellor.
(3) The common seal of the Universiti shall not be affixed to any instrument other than a degree, diploma or certificate except in the presence of—
(a) the Vice-Chancellor or, in his absence, a principal officer of the Universiti authorized in writing by the Board; and
(b) one other member of the Board authorized in writing by the Board,
who shall sign their names to the instrument in token of such presence, 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 Universiti.
(4) The common seal of the Universiti shall be affixed to a degree, diploma or certificate in the presence of—
(a) the Vice-Chancellor or, in his absence, one other member of the Board authorized in writing by the Board; and
(b) the Registrar,
who shall sign their names to the instrument in token of such presence, 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 Universiti.
(5) The common seal of the Universiti shall be officially and judicially noticed.
(6) Any document or instrument which (if executed by a person not being a body corporate) will not require to be under seal may in like manner be executed by the Universiti provided that such document or instrument shall be executed on behalf of the Universiti by the Vice-Chancellor, or by any person generally or specially authorized in writing by the Board.
Location of Universiti
The Universiti shall be located at Shah Alam, in the State of Selangor, provided that the Minister may, after consultation with the Board, substitute for that location any other location, or add any other location.
Branches of Universiti
(1) The Minister may, after consultation with the Board, direct the Board to establish and maintain such Branch or Branches of the Universiti at such place in Malaysia as the Minister may consider desirable for the purpose of carrying out the provisions of this Act.
(2) The Minister shall appoint in respect of a Branch a Provost of the Branch who shall be the principal executive, administrative and academic officer of the Branch, and he shall perform his functions and discharge his duties under the direction and control of the Vice-Chancellor.
(3) The terms and conditions of service of the Provost shall be determined by the Minister, and shall be binding upon the Universiti.
(3A) (Deleted by Act A964).
(4) The Minister may, by order published in the Gazette, make such special provisions as he may deem necessary or expedient for the purposes of the administration of the Branch.
(5) No provision of an order made under subsection (4) shall be invalid on the ground of inconsistency with any provision of this Act or of any rules or other subsidiary legislation made under this Act.
Schools and Centres
(1) The Universiti shall be divided into such number of Schools and Centres as may, from time to time, be determined by the Board, and such Schools and Centres shall bear such names as the Board may assign to them.
(2) A School or Centre shall be headed by a person to be appointed by the Vice-Chancellor.
(3) The head of a School or Centre shall be responsible to the Vice-Chancellor and shall perform such duties as may be assigned to him by the Vice-Chancellor.
Conduct of study, jointly, etc., with any University, etc.
(1) The Universiti 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 Universiti 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.
General power to transact business
The Universiti shall, subject to the provisions of this Act, have power to do anything, and to enter into any transaction, which in its opinion is calculated to facilitate the proper discharge of its duties or the performance of its functions or the exercise of its powers under this Act or is incidental or conducive thereto.
Power to employ agents
The Universiti may employ and pay agents and technical advisers, including advocates and solicitors or other persons, to transact its business or to do any act required to be transacted or done in the execution of its duties or for the better carrying into effect the purposes of this Act.
Additional functions of the Universiti
In addition to the duties imposed upon and the powers vested in the Universiti by this Act, the Universiti may undertake such other functions, exercise such other powers, and administer and expend such other moneys, as the Minister may assign or give to it, for such purposes as the Minister may specify, and in so doing the Universiti shall be deemed to be fulfilling the purposes of this Act and the provisions of this Act shall apply to the Universiti in respect of such functions, such powers and the administration and expending of such moneys:
Provided always that the accounts of such moneys shall be kept separate and apart from those of the Fund.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).
