Power of Minister to give directions
s 33
The Minister may issue directions of a general character consistent with the provisions of this Act to the Board and the Board shall give effect to such directions.
Akademi Seni Budaya dan Warisan Kebangsaan Act 2006 Part VII — General
Power of Minister to delegate
s 34
(1) The Minister may, subject to such conditions, limitations or restrictions as he may specify, delegate to the Board the exercise or performance of any of his powers or functions under this Act. (2) A delegation under this section— (a) may be revoked at any time by the Minister; and (b) shall not prevent the Minister from himself exercising, discharging or performing such delegated powers, duties or functions in any case where it appears to him expedient to do so.
Convocation
s 35
A convocation for the conferment of academic and professional qualifications or awards, diplomas, certificates and other academic distinctions shall be held annually, or as often as the Rector may direct, on such date as may be approved by the Minister.
Public Authorities Protection Act 1948
s 36
The Public Authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or proceeding against the Akademi or against the Board or any member of the Board, or against the Rector, or against any officer, member of the staff or agent of the Akademi in respect of any act, neglect or default done or committed by it or by him, as the case may be, in such capacity.
Public servants
s 37
All members of the Board, the Rector, the officers, members of the staff or agents of the Akademi while discharging their duties or carrying out their functions or exercising their powers shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Obligation of secrecy
s 38
(1) Except for the purpose of this Act or of any civil or criminal proceedings, a member of the Board, or the Rector, or an officer or a member of the staff or agent of the Akademi shall not disclose any information in respect of the Akademi. (2) Any person who contravenes subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding twenty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both.
Civil proceedings
s 39
Notwithstanding the provisions of any written law to the contrary, in civil proceedings by or against the Akademi— (a) any person holding the appointment of a Federal Counsel and authorized by the Attorney General for the purpose; or (b) any officer of the Akademi authorized in that behalf by special or general directions of the Rector, may, on behalf of the Akademi, commence, appear in and conduct such proceedings and may make and do all appearances, acts, and applications in respect of such proceedings.
Act or omission done in good faith
s 40
No action or suit shall be instituted or maintained in any court against— (a) the Board; (b) a member of the Board; (c) the Rector; (d) the Deputy Rector; (e) the Registrar; (f) the Bursar; (g) the Board of Studies; (h) a member of the Board of Studies; (i) a staff of the Akademi; and (j) a person authorized to act for or on behalf of any of the bodies or persons under paragraphs (a) to (i), for any act or omission done in good faith in the exercise or discharge of its or his powers or duties under this Act in a reasonable belief that it was necessary for the purpose intended to be served thereby.
Service
s 41
(1) Service of any notice under this Act or any subsidiary legislation made thereunder 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 or any subsidiary legislation made thereunder is informed orally or in writing of the fact that there is a registered letter awaiting him at a post office, and such person refuses, neglects or fails to take delivery of such registered letter, such notice shall be deemed to have been served upon him on the date on which he is so informed.
Power of Board to make rules
s 42
(1) The Board may make all such rules as may be necessary for the purpose of giving effect to the provisions of this Act. (2) In particular, and without prejudice to the generality of subsection (1), such rules may provide for all or any of the following matters, namely: (a) the preparation, audit, and submission to the Minister of estimates, budgets, statements and returns; (b) the functions and duties of the staff; (c) the determination of the principles governing the award of academic and professional qualifications, recognitions or awards, diplomas, certificates and other academic distinctions to be conferred by the Akademi; (d) the conditions of admission and welfare of students; (e) the discipline of the students of the Akademi, including prescribing the disciplinary offences, disciplinary punishments and the procedure for disciplinary proceedings; (f) the forms required for the purposes of this Act; (g) any matter within the powers of the Akademi under section 5 or under any other provision of this Act.
Amendment of Schedule
s 43
The Minister may from time to time amend the Schedule by order published in the Gazette.
Back to Akademi Seni Budaya dan Warisan Kebangsaan Act 2006 — full text
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Text as at 31 August 2006 (LOM reprint); amendments made after that date may not be incorporated. Read the official text ↗
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).
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