Offence of establishing a University or University College
Open ↗(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 any other written law regulating its establishment.
(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.
Certain prohibitions in respect of “University” or “University College”
Open ↗(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 any other written law regulating its establishment.
(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 any other written law regulating its establishment.
(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.
Service
Open ↗(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.
Public Authorities Protection Act 1948
Open ↗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 staff, 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.
Act or omission done in good faith
Open ↗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) a staff, an officer or an employee of the University; and
(h) a person authorized 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.
Public servants
Open ↗All members of the Board and Senate, the Vice-Chancellor, Deputy Vice-Chancellors, staff, officers and employees of the University while discharging their functions as such members, Vice-Chancellor, Deputy Vice-Chancellors, staff, officers and employees, shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Existing Universities
Open ↗(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.
Exemption
Open ↗The Yang di-Pertuan Agong may, with respect to any University, by order published in the Gazette, exempt it from, vary or add to any of the provisions of the First and Second Schedules.
Repeal
Open ↗The Emergency (Essential Powers) Ordinance No. 74, 1971 is hereby repealed.
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).
