Council of Malaysian Qualifications Agency
(1) A council to be known as the Council of Malaysian Qualifications Agency is established for the purposes of this Act.
(2) The Council shall consist of the following members who, with the exception of the members under paragraphs (b) to (g), shall be appointed by the Minister:
(a) a Chairman;
(b) the Chief Executive Officer;
(c) the Secretary General of the Ministry of Higher Education or his representative;
(d) the Secretary General of the Ministry of Education or his representative;
(e) the Secretary General of the Ministry of Human Resources or his representative;
(f) the Director General of the Public Services Department or his representative;
(g) the Director General of the *Higher Education Management Department or his representative;
(h) a representative of the public higher education providers;
(i) a representative of the private higher education providers; and
(j) eight other members who, in the opinion of the Minister, have special knowledge, experience and professionalism in matters relating to higher education or employment, at least two of whom shall be from a professional body.
(3) The provisions of the Schedule shall apply to the Council.
(4) The Minister may amend the provisions of the Schedule by order published in the Gazette.
*NOTE—Previously known as “Higher Education Management Department”–see P.U. (A) 155/2016.
Functions of the Council
(1) The functions of the Council shall be—
(a) to approve plans and policies for the management of the Agency;
(b) to approve any amendment or update of the Framework;
(c) to approve policies and guidelines relating to accreditation of programmes, qualifications or higher education providers or institutional audit;
(d) to approve any matter relating to the functions, powers, duties, remuneration, allowance, honorarium, benefits and code of conduct of officers, employees, agents and consultants of the Agency;
(e) to receive and monitor reports, returns, statements and any other information relating to accreditation, institutional audit and evaluation; and
(f) to do all things reasonably necessary for the performance of its functions under this Act.
(2) The Council may give the Chief Executive Officer specific directions consistent with the provisions of this Act in respect of the powers and functions of the Agency and such directions shall not be inconsistent with the general directions of the Minister under section 8, and the Chief Executive Officer shall give effect to such directions.
Temporary exercise of functions of the Chairman
The Minister may appoint temporarily any member of the Council, other than the Chief Executive Officer, to act as the Chairman for the period when—
(a) the office of the Chairman is vacant;
(b) the Chairman is absent from duty or from Malaysia; or
(c) the Chairman is, for any other reason, unable to perform the duties of his office.
Tenure of office
(1) Subject to such conditions as may be specified in his instrument of appointment, the Chairman appointed under paragraph 11(2)(a) and every member of the Council appointed under paragraphs 11(2)(h), (i) and (j) shall hold office for a period not exceeding three years.
(2) The Chairman appointed under paragraph 11(2)(a) and every member of the Council appointed under paragraphs 11(2)(h), (i) and (j) shall be eligible for reappointment but no member shall hold office for more than two successive terms.
Allowances
The Chairman and all other members of the Council, other than the Chief Executive Officer, shall be paid such allowances at such rates as the Minister may determine after consultation with the Minister of Finance.
Revocation of appointment and resignation
(1) The Minister may at any time revoke the appointment of any member of the Council, other than the members appointed under paragraphs 11(2)(b) to (g), without assigning any reason for the revocation.
(2) A member of the Council may at any time resign his office by giving a notice in writing to the Minister.
Vacation of office
(1) The office of the Chairman or a member of the Council, other than the member appointed under paragraph 11(2)(b) to (g), shall be vacated—
(a) if he dies;
(b) if there has been proved against him, or he has been convicted of, a charge in respect of—
(i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under any law relating to corruption; or
(iii) any other offence punishable with imprisonment, in itself only or in addition to or in lieu of a fine, for more than two years;
(c) if his conduct, whether in connection with his duties as a member of the Council or otherwise, has been such as to bring discredit on the Council;
(d) if he becomes a bankrupt;
(e) if he is of unsound mind or is otherwise incapable of discharging his duties;
(f) in the case of the Chairman, if he absents himself from a meeting of the Council without leave of the Minister;
(g) in the case of a member of the Council, if he absents from three consecutive meetings of the Council without leave in writing of the Chairman;
(h) if his appointment is revoked by the Minister; or
(i) if his resignation is accepted by the Minister.
Filling of vacancies
Where a person ceases to be a member of the Council, the Minister may appoint another person to fill the vacancy.
Secretary
The Agency, with the concurrence of the Council, shall appoint a secretary to the Council.
Committees
(1) The Council may establish any committee as it considers necessary or expedient to assist it in the performance of its functions.
(2) The provisions of subsections 9(2) to (12) shall apply in the like manner to the committees established under subsection (1).
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).
