First Schedule FIRST SCHEDULESupplementary
[Section 8] CONSTITUTION Citation 1. This Constitution may be cited as the Constitution of the University of …………………………………………… Interpretation 2. (1) In this Constitution, unless the context otherwise requires— “Alumni of the University” means the Alumni of the University constituted in accordance with section 22; “Authority” means any of the Authorities of the University referred to in section 12, and includes any Authority established by Statute; “Chair” means the post of professor however styled; “Convocation” means a Convocation held in accordance with section 44; “Foundation Day” means the date on which the Incorporation Order made by the Yang di-Pertuan Agong under section 6 of the Universities and University Colleges Act 1971 comes into force; “Guild of Graduates” means the Guild constituted in accordance with section 22; “Officer” means the Chancellor, a Pro-Chancellor, the Vice-Chancellor, the Deputy Vice-Chancellor, the Dean of a Faculty, the Head of a School, a Centre, an Academy or an Institute, the Registrar, the Bursar, the Librarian, or the holder of any office created by Statute or otherwise; “Regulations”, “Rules” and “Statute” mean the Regulations, Rules and Statute made in accordance with this Constitution; “Teacher” means a person appointed to be a teacher by the Board in accordance with this Constitution, and includes a senior professor, professor, associate professor, assistant professor, reader, senior lecturer, lecturer, assistant lecturer, language and matriculation teacher, and tutor; “The University” means the University of …………………………… (2) References in this Constitution to a section are reference to a section of this Constitution. PART I THE UNIVERSITY Establishing of University as body corporate 3. There is hereby established in accordance with the provisions of this Constitution, a University with the name and style of ….……, by which name and style the Chancellor, the Pro-Chancellors, the Vice-Chancellor, the Board 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 in all courts; (b) to have and use a common seal and from time to time to break, change, alter and make anew such seal as it shall think fit; (c) for the purposes of this Constitution, and subject to the Statutes, Rules and Regulations to purchase any property, movable or immovable, and to take, accept and hold any such property which may become vested in it by virtue of any such purchase, or by any exchange, grant, donation, lease, testamentary disposition or otherwise; (d) to sell, mortgage, lease, exchange or otherwise dispose of any such property; and (e) to exercise and perform, in accordance with the provisions of this Constitution and of the Statutes, Rules and Regulations, all powers and duties conferred or imposed upon the University by such provisions. Powers of University 4. (1) The University shall, subject to the provisions of this Constitution, have the following powers: (a) to provide courses of instruction, to hold examinations, to make provision for research, and to take such other steps as may appear necessary or desirable for the advancement and dissemination of knowledge; (b) to confer degrees, diplomas, certificates and other academic distinctions including external degrees, diplomas, certificates and other academic distinctions and upon persons who have followed courses of study approved by the University and have satisfied such other requirements as may be prescribed by Rules; (c) to recognize the degrees and diplomas of other institutions of higher learning, for the purpose of admission to the courses and examinations of the University and of the award of higher degrees on holders of such degrees or diplomas or on graduates of the University on such conditions as may be prescribed by Rules; (d) to confer degrees upon teachers of the University who have satisfied such requirements as may be prescribed by Rules; (e) to confer honorary degrees on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service; (f) to grant certificates to persons who have attained proficiency in any branch of knowledge; (g) to institute chairs, lectureships, and other posts and offices, and to make appointments thereto; (h) to establish a University printing press and to publish books and other matter; (i) to erect, equip and maintain libraries, laboratories, museums, lecture halls, halls of residence and all other buildings required for the purposes of the University, whether in the Federation or elsewhere; (j) to institute and award fellowships, scholarships, exhibitions, bursaries, medals, prizes and other titles, distinctions, awards and other forms of assistance towards the advancement and dissemination of knowledge; (k) to invest in land or securities (whether authorized as trustee investments or not) such funds as may be vested in it for the purpose of endowment, whether for general or special purposes, or such other funds as may not be immediately required for current expenditure, with power from time to time to vary any such investment and to deposit any moneys for the time being uninvested with any bank established in Malaysia either upon fixed deposit or upon current account; (ka) to grant loans or advances to its staff, officers and employees; (kb) to grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the Minister; (kc) to conduct commercial research for the effective promotion and utilization of its research findings; (l) to enter into contracts, to appoint such staff and to establish such trusts, as may be required for the purposes of the University; (m) to appoint, promote and discipline officers, teachers and staff of the University; (n) to regulate the conditions of service of the staff of the University, including schemes of service, salary scales, leave and discipline; (o) to establish pension or superannuation or provident fund schemes for the benefit of its employees, and to enter into arrangements with other organizations or persons for the establishment of such schemes; (p) to regulate and provide for the residence of officers, teachers, staff and students of the University and the welfare and discipline of teachers, staff and students; (q) to demand and receive such fees as may from time to time be prescribed by Rules; and (r) to do all such acts and things, whether or not incidental to the powers aforesaid as may be requisite in order to further instruction, research, finance, administration, welfare and discipline in the University. (2) If the Yang di-Pertuan Agong is satisfied, with a view to maintenance and promotion of the Federation’s foreign relations, that it is necessary to confer an honorary degree upon a foreign dignitary, on the direction by the Yang di-Pertuan Agong the University shall confer such degree as stated in the direction. Additional powers of the University 4A. (1) The Board 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 discharge of the functions, exercise of the powers and carrying on of the activities of the University, enter into equity participation, partnership, joint venture, undertaking or any other form of co-operation or arrangement in association with, or otherwise— (i) an enterprise, company, private undertaking or syndicate of persons constituted for carrying on business in Malaysia or elsewhere; (ii) the Federal or 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 and engage in any activity which has been planned or undertaken by the University; (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 Board would be beneficial and advantageous to the University; (d) borrow, at such rate of interest and for such period and upon such terms as the Board may approve, any sums required by the University 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 Board may deem expedient; (f) 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 carrying on business in Malaysia or elsewhere; (ii) the Federal or State Government; (iii) a sovereign ruler; (iv) commissions; and (v) a public body or authority; (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 which may be deemed necessary or convenient for any of the purposes of the University. (2) Section 4B shall apply to a corporation established under paragraph (1)(c). Provisions relating to corporations 4B. (1) The Board shall, on or before the date on which any corporation is established under paragraph 4A(1)(c), prescribe by regulations— (a) the purposes and objects for which such corporation is established; (b) the rights, powers, duties and functions of such corporation; (c) the system of management of such corporation; and (d) the relations between such corporation and the University and the rights of control of the Board over such corporation. (2) Any regulations made under subsection (1) shall be binding on the corporation in respect of which they were made and shall have effect for all purposes as if they had been enacted under this Constitution. (3) The Board may at any time amend, revoke, or add to, any regulation made in respect of any corporation under subsection (1). (4) The Board may, with the approval of the Minister after consultation with the Minister of Finance, direct that any corporation established by it be wound up and dissolved. (5) Upon the dissolution of any corporation under subsection (4), assets of the corporation after payment of all liabilities shall be transferred to and vested in the University. (6) The winding up of a corporation under subsection (4) shall be conducted in such manner as the Board may prescribe by regulations. (7) Regulations made under this section shall be published in the Gazette. (8) Every corporation established under paragraph 4A(1)(c)— (a) shall be a body corporate by such name as the Board shall give to such corporation; (b) shall have perpetual succession; (c) shall have a common seal; (d) may sue and be sued in its corporate name; (e) may enter into contracts; (f) may hold, and deal in or with, any movable or immovable property; and (g) may do all other matters and things incidental or appertaining to a body corporate not inconsistent with this Constitution, subject to such restrictions or limitations as may be specified by the Board in each case. (9) Every such corporation shall have a common seal, which shall bear such device as the corporation, with the approval of the Board, may determine. (10) The common seal may from time to time be broken, changed, altered and made anew by the corporation, with the approval of the Board, as the corporation shall think fit. (11) Until a seal is provided by the corporation under subsection (9) a stamp bearing the name of the corporation encircling the letters “UNIVERSITY . . .” may be used as its common seal. (12) The common seal, or the stamp referred to in subsection (11) shall be in the custody of such person as the corporation shall direct and shall be authenticated by such person. (13) All deeds, documents and other instruments purporting to be sealed with the seal, authenticated as provided in subsection (12) shall, until the contrary is proved, be deemed to have been validly executed. (14) Any document or instrument which if executed by a person not being a body corporate would not be required to be under seal may in like manner be executed by the corporation; and such document or instrument may be executed on behalf of the corporation by any officer or servant of the corporation generally or specially authorized by the corporation in that behalf. (15) The seal of every corporation shall be officially and judicially noticed. Conduct of study, etc., in association, etc., with any University 4C. The University may, with the approval of the Minister, conduct any course of study or training programme jointly or in association, affiliation, collaboration or otherwise, with any University or institution of higher education or other educational institution or organization within or outside Malaysia. Distinctions of race and creed prohibited 5. Subject to Article 153 of the Federal Constitution, membership of the University, whether as an officer, teacher or student, shall be open to all persons irrespective of sex, race, religion, nationality or class; and no test of religious belief or profession shall be adopted or imposed in order to entitle any persons to be admitted to such membership or to be awarded any degree or diploma of the University, nor shall any fellowship, scholarships, exhibition, bursary, medal, prize or other distinction or award be limited to persons of any particular race, religion, nationality or class if the cost of the same is met from the general funds of the University. The seal of the University 6. (1) The common seal of the University shall be such seal as may be approved by the Chancellor on the recommendation of the Board and such seal may in like manner from time to time be broken, changed, altered and made anew. (2) The common seal of the University shall be kept in the custody of the Vice- Chancellor. (3) The common seal of the University shall not be affixed to any instrument except in the presence of— (a) The Vice-Chancellor; and (b) one other member of 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 University. (3A) Where the instrument referred to in subsection (3) is the scroll of a degree, diploma, certificate or other academic distinction, the common seal of the University shall be affixed to it in the presence of the Vice-Chancellor and a senior officer authorized by the Vice-Chancellor. (4) The seal of the University shall be officially and judicially noticed. (5) 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 University provided that such document or instrument shall be executed on behalf of the University by an officer or any person generally or specially authorized by the Board. PART II THE OFFICERS OF THE UNIVERSITY The Chancellor 7. (1) There shall be a Chancellor who shall be the Head of the University and shall preside when present at any Convocation and shall have such other powers and perform such other duties as may be conferred or imposed upon him by this Constitution or any Statute, Rule or Regulation. (2) The Chancellor shall be appointed by the Yang di-Pertuan Agong, on the advice of the Minister, for such period, not exceeding seven years, as may be specified by the Yang di-Pertuan Agong. (3) The Chancellor may be writing under his hand addressed to the Yang di-Pertuan Agong resign his office, or he may be removed by the Yang di-Pertuan Agong. (4) A person shall be eligible for reappointment to the office of Chancellor. The Pro-Chancellors 8. (1) The Chancellor may appoint, on the advice of the Minister, such persons to be Pro-Chancellors as he may consider proper. (2) If for any reason the Chancellor is unable to exercise any of his functions under this Constitution or any Statute, Rules or Regulation, he may authorize any of the Pro-Chancellors to exercise such functions on his behalf. (3) Every Pro-Chancellor shall hold office during the pleasure of the Chancellor. The Vice-Chancellor and Deputy Vice-Chancellor 9. (1) There shall be a Vice-Chancellor who shall be appointed by the Minister, after consultation with the Board. (2) (Deleted by Act A295). (3) The Vice-Chancellor shall be the chief executive and academic officer of the University. (4) It shall be the duty of the Vice-Chancellor to see that the provisions of this Constitution and the Statutes, Rules and Regulations are observed, and he shall have all such powers as may be necessary for this purpose and, in particular, to ensure that every Authority or committee keeps within its powers or terms of reference. (5) The Vice-Chancellor shall, subject to the provisions of this Constitution, exercise general supervision over the arrangements for instruction, research, finance, administration, welfare and discipline in the University, and may exercise such other powers as may be conferred upon him by this Constitution and any Statute, Rules or Regulation. (6) (Deleted by Act A295). (7) The terms of office and other conditions of service of the Vice-Chancellor shall be determined by the Minister, after consultation with the Board, and shall be binding on the University. (8) There shall be at least one Deputy Vice-Chancellor; the Deputy Vice- Chancellor or Deputy Vice-Chancellors, as the case may be, shall be appointed by the Minister after consultation with the Vice-Chancellor, and any fit and proper person may be so appointed either from within or without the University; the terms of office and other conditions of service of a Deputy Vice-Chancellor shall be determined by the Minister after consultation with the Vice-Chancellor, and shall be binding on the University. (9) If for any substantial period the Vice-Chancellor is unable by reason of illness, leave of absence or any other cause to exercise any of the functions of his office, the Deputy Vice-Chancellor or, if there is more than one Deputy Vice- Chancellor, such one of them as may be nominated by the Minister shall exercise such functions; and in the event of the absence or disability of the Deputy Vice- Chancellor or all the Deputy Vice-Chancellors (if there be more than one) the Minister shall make such temporary arrangements as he may think fit for the exercise of such functions. Registrar, Bursar and Librarian 10. (1) There shall be a Registrar, a Bursar and a Librarian, who shall be whole-time officers of the University and shall have such powers and duties as may be prescribed by Statute. (2) The Registrar, the Bursar and the Librarian shall be appointed by the Board on the advice of the Selection Committees. (3) Subject to the provisions of this Constitution, the terms of office and other conditions of appointment of the Registrar, the Bursar and the Librarian shall be determined by the Board. Other officers 11. The University may appoint such other officers or servants as may be prescribed by Statute. PART III THE UNIVERSITY AUTHORITIES The Authorities 12. (1) The Authorities of the University shall be the Board, the Senate, the Faculties, the Schools, the Centres, the Academies, the Institutes, the Studies Committee, the Selection Committees, the Student Welfare Committee and such other bodies as may be prescribed by Statute as Authorities of the University. (2) Subject to the provisions of this Constitution, the composition, powers and procedure of the Authorities shall be prescribed by Statute. (3) The provisions of the Second Schedule shall apply to non ex-officio members of an Authority. The Board of Directors 13. The Board of Directors shall consist of— (a) a Chairman; (b) the Vice-Chancellor; (c) two persons to represent the Government; (d) one person to represent the community at the place where the University is located; and (e) not more than three persons who because of their knowledge or experience would in the opinion of the Minister be of assistance to the Board, at least one of whom shall be from the private sector. Provisions relating to the Board 14. (1) The appointment of the members of the Board, except the Vice-Chancellor, shall be made by the Minister for a period of three years and upon the expiry of such period the members of the Board shall be eligible for reappointment. (2) The Secretary of the Board, who may or may not be a member of the Board, shall be appointed by the Chairman. (3) The Chairman and three other members of the Board shall constitute a quorum for any meeting of the Board. (4) Members of the Board shall be paid such remuneration or allowance as the Minister may determine. (5) Subject to this Constitution, the Board may determine its own procedure. Temporary exercise of functions of Chairman 15. (1) The Minister may appoint any member of the Board to exercise the functions of the Chairman during any period the Chairman is for any reason unable to exercise his functions or during any period of any vacancy in the office of the Chairman. (2) A member appointed as the Chairman under subsection (1) shall, during the period in which he is exercising the functions of the Chairman, under this section, be deemed to be the Chairman. Powers of the Board 16. (1) The Board shall be the executive body of the University, and may exercise all the powers conferred on the University, save in so far as they are by this Constitution or the Statutes, Rules and Regulations conferred on some other Authority or body or on some officer of the University. (2) No resolution shall be passed by the Board relating to any matter within the powers of the Senate, unless the Senate has first been given the opportunity of recording and transmitting to the Board its opinion thereon. The Senate 17. (1) The Senate shall consist of— (a) the Vice-Chancellor, who shall be Chairman; (b) all Deputy Vice-Chancellors; (c) all Deans of the Faculties and all Heads of the Schools, Centres, Academies and Institutes of the University; and (d) not more than twenty professors to be determined by the Vice-Chancellor. (1A) The Vice-Chancellor may from time to time co-opt any other person to be members of the Senate or to attend the meetings of the Senate. (1B) In the absence of the Vice-Chancellor, a Deputy Vice-Chancellor shall preside at any meeting of the Senate. (2) The Senate shall be the academic body of the University and, subject to the provisions of this Constitution, the Statutes, Rules and Regulations, shall have the control and general direction of instruction, research and examination, and the award of degrees, diplomas, certificates and other academic distinctions. (3) In the performance of its duties, functions and responsibilities, the Senate may delegate any of its duties, functions and responsibilities to its members of a committee consisting of its members. The Faculty, School, Centre, Academy, Institute 18. (1) The University shall be divided into such number and names of Faculties, Schools, Centres, Academies and Institutes as may be prescribed by Statute. (1A) The University may, upon consultation with the Studies Committee, set up departments or other units or bodies in respect of a Faculty, a School, a Centre, an Academy and an Institute. (2) A Faculty, School, Centre, an Academy and an Institute shall be responsible to the Senate for the organization of instruction in the subject of study within the purview of the Faculty, School, Centre, Academy or Institute, as the case may be, and may exercise such other functions as may be conferred on it by Statute, Rule or Regulation. (3) The Vice-Chancellor shall appoint a Dean in respect of each Faculty and at least one Deputy Dean. The Dean shall be chairman of the Faculty and shall exercise such other functions as may be vested in him by Statute, Rules or Regulation; and if owing to his absence on leave or for any other reason the Dean is unable to perform the duties of his office, it shall be lawful for the Deputy Dean or any other senior officer appointed by the Vice-Chancellor to perform such duties of the Dean for such time as such disability may continue. (4) The Vice-Chancellor shall have power to appoint a person to be head of a School, a Centre, an Academy and an Institute, and such head shall be styled by such title as may be prescribed by Statute, Rules or Regulation; and if owing to absence on leave or for any other reason the head of a School, a Centre, an Academy or an Institute and is unable to perform his duties, the Vice-Chancellor may, except as otherwise provided by Statute, appoint any person to perform such duties for such time as such disability shall continue. (5) A Dean, a Deputy Dean or the head of a School, a Centre, an Academy or an Institute appointed under subsection (3) or (4), as the case may be, shall be appointed for a period not exceeding four years, but shall be eligible for re- appointment. (6) Notwithstanding subsection (5), the Vice-Chancellor may, if he deems fit, revoke any appointment made under subsection (3) or (4) at any time during the term of such appointment. The Studies Committee 19. A Studies Committee may be appointed by the Senate for either of the following purposes: (a) to deal with matters pertaining to any Faculty, School, Centre, Academy and Institute; and (b) to consider proposals referred to it by the Senate for the establishment of a new Faculty, School, Centre, Academy and Institute, and in either case to report thereon to such Faculty, School, Centre, Academy or Institute, or to the Senate, as the case may require. The Selection Committee 20. (1) A Selection Committee for purposes of appointment to a Chair shall consist of— (a) the Vice-Chancellor, who shall be the chairman; (b) two members of the Board appointed by the Board; (c) the Dean of the Faculty or Head of the School, Centre, Academy or Institute to which the Chair will be allocated; and (d) two members of the Senate appointed by the Senate. (2) Save as provided in subsection (3) the Selection Committee shall be convened and presided by the Vice-Chancellor. (3) Whenever it is decided to fill an appointment other than that to a Chair, the Board may, on the recommendation of the Vice-Chancellor, appoint different Selection Committees in respect of different appointments and the Selection Committee convened for that purpose shall be presided by the Deputy Vice- Chancellor, or, in his absence, by a member elected by the members present at the meeting. (4) Where the Deputy Vice-Chancellor is not a member of the Selection Committee, he shall for the purpose of the meeting in which he presides under subsection (3) and the decision made thereat, be deemed to be a member of the Selection Committee. (5) The association of external experts with the making of appointments may be prescribed by Statute. The Student Welfare Committee 21. (1) There shall be established a Student Welfare Committee which shall consist of the Vice-Chancellor and such other persons as may be appointed by the Board. (2) The Student Welfare Committee shall have such powers as may be prescribed by Statute. Guild of Graduates or the Alumni of the University 22. (1) Subject to the approval of the Board, it shall be lawful for not less than thirty graduates of the University to form and establish an association to be known as the Guild of Graduates or the Alumni of the University. (2) The Guild of Graduates or the Alumni of the University shall be governed and administered in accordance with its constitution and rules made by it and no such constitution and rules so made or any amendments thereto shall come into force unless and until approval thereof shall have first been obtained from the Board. (3) Nothing in this section shall be construed as constituting the Guild of Graduates or the Alumni of the University to be an Authority of the University or as conferring any power thereon to elect as its representatives to the Board persons who are for the time being employed by the University as members of its academic and non-academic staff. Term of office of members of Authorities 23. (1) Except as may be prescribed by this Constitution or by any Statute, the term of office of a person elected or appointed to be a member of an Authority, otherwise than ex-officio, shall be three years: Provided that— (a) where the person is elected or appointed because he holds an office or is a member of some other Authority or body, he shall cease to be a member of the Authority if before the expiry of his term of office he ceases to hold such office or to be a member of such Authority or body; and (b) a person who retires at the end of his term of office shall be eligible for re- election or reappointment if he is otherwise qualified. (2) Where a person is a member of an Authority ex-officio, a person appointed to act for him shall be a member of the Authority ex-officio so long as he is so acting and is otherwise qualified. (3) The decisions of an Authority shall be valid notwithstanding any vacancy among its members. Meetings 23A. (1) The Authority shall meet as and when required to do so by the chairman of the Authority. (2) The chairman shall preside at a meeting of the Authority and in his absence the members of the Authority shall elect one of their number to preside over the meeting. (3) The quorum of a meeting of the Authority, other than the Board, shall be determined by Statute. Majority 24. (1) Subject to the provisions of this Constitution and to any Statutes, Rules or Regulations, a question at any meeting of any Authority shall be decided by a majority of the votes of the members present. (2) The chairman and every member shall have and may exercise one vote each, but in the event of an equality of votes, the chairman or the member presiding over that meeting shall have and may exercise a casting vote. PART IV STATUTES, RULES AND REGULATIONS Statutes 25. Subject to the provisions of this Constitution, Statutes may be made to deal with any or all of the following matters: (a) the powers and duties of the officers of the University; (b) the composition, powers, duties and procedure of the Authorities of the University; (c) the methods of appointment and the conditions of service of the officers and teachers of the University, except in relation to their discipline; (d) the determination of the degrees, diplomas, certificates and other academic distinctions to be conferred by the University; (e) the conditions of admission and of residence and welfare of students; (f) the management of the library; (g) all other matters which under this Constitution may be regulated by Statute; and (h) matters incidental to or consequential upon any of the matters aforesaid. Procedure on making, amending, or revoking Statutes 26. (1) The Chancellor may, subject to the provisions of this section, make, revoke or amend any Statute. (2) The proposal for the making of any new Statute or the revocation or amendment of any Statute, shall be prepared by the Board. (3) A proposal for a new Statute, or of any amendment to a Statute, dealing with any of the following matters, that is to say: (a) the powers and duties of the Dean of a Faculty or the Head of a School, a Centre, an Academy and an Institute; (b) the composition, powers, duties and procedure of the Senate, a Faculty, a School, a Centre, an Academy, an Institute, a Studies Committee, a Selection Committee or a Student Welfare Committee; (c) the determination of degrees, diplomas, and other academic distinctions to be conferred by the University; (d) the methods of appointment and the conditions of service of teachers; (e) the conditions of residence and the welfare of students; (f) the management of the library; and (g) all other matters within the jurisdiction of all the Senate under this Constitution or any Statute, shall not be submitted to the Chancellor until it has been referred to the Senate and the Senate has reported to the Board its observations thereon. (4) (Deleted by Act A946). Rules 27. Subject to the provisions of this Constitution and the Statute, Rules may be made for all or any of the following matters: (a) the principles governing the award of degrees, diplomas, certificates and other academic distinctions; (b) the number and scope of examinations; (c) the appointment, powers, duties, remuneration and conditions of service of examiners and the conduct of examinations; (d) the admission of students to the examinations, degree and diploma courses of the University and to residence in the University; (e) the methods of appointment and the conditions of service of persons in the employment of the University, except in relation to their discipline; (f) the establishment and regulation of pension, superannuation and provident fund schemes for the benefit of the employees of the University or any section of them; (g) the conditions of residence and the welfare of students; (h) the fees to be charged for courses of study, for residence, for admission to examination, for degrees, diplomas, certificates or other academic distinctions and any other fees that may be levied by the University; (i) the management of the lecture halls, library, information resources, laboratories, research institutes, halls of residence, and all branches of University activity not specifically provided for in this Constitution or by Statute; (j) the constitution, powers and duties of any committee or other body not specifically provided for in this Constitution or by Statute; (k) all matters which by this Constitution or any Statute may be prescribed by Rules; and (l) all matters within the powers of the University and not otherwise provided for by this Part of this Constitution. Procedure on making, amending or revoking Rules 28. (1) The Board may, subject to the provisions of this section, make, amend or revoke any Rules. (2) The draft of any Rules dealing with— (a) any matter referred to in paragraphs 27(a), (b), (c), (d), (g) and (i); or (b) any matter within the jurisdiction of the Senate, shall be proposed by the Senate; and the Board may approve the draft or refer it back to the Senate with observations or proposals for amendment, and no such Rules shall be made until the Senate has agreed to its terms. Regulations 29. (1) The Board and the Senate may each make regulations for its own procedure. (2) The Board may after consulting the Senate make regulations for the procedure of Selection Committees. (3) The Senate may make regulations for the procedure of a Faculty, a School, a Centre, an Academy, an Institute or Studies Committee, or of any other committee or body subject to the jurisdiction of the Senate. (4) The Senate may make regulations prescribing courses of study or syllabuses of examinations. (5) Regulations may be made by any Authority if it is so empowered by this Constitution, Statute or Rules. Publications of Statutes, Rules and Regulations 30. (1) When any new Statute or Rules is made, amended or revoked every such Statute, Rules, amendment or revocation shall be published in the Gazette and in such other manner as the Board may direct. (2) The Statutes, Rules and Regulations of the University as amended from time to time shall be published in book form at such intervals as the Board may direct, and copies shall be made available for purchase at a reasonable price by members of the public. (3) Nothing in this section shall apply to— (a) any Rules or Regulation containing only instructions to examiners or invigilators; or (b) any Rules or Regulation which the Board resolves not to publish. Constitution, inconsistencies between the Statutes, etc. 31. In the event of— (a) any Statute being inconsistent with the provisions of this Constitution; or (b) any Rules being inconsistent with the provisions of this Constitution or any Statute; or (c) any Regulation being inconsistent with the provisions of this Constitution or any Statute or Rules; then the provisions of the Constitution, Statute or Rules, as the case may be, shall prevail, and such Statute, Rules or Regulations, as the case may be, shall to the extent of the inconsistency be void. PART V FINANCIAL PROVISIONS Standing Finance Committee 32. The Board shall appoint a Standing Finance Committee for regulating and controlling the finances of the University. Preparation of estimates 33. It shall be the duty of such officer or officers of the University as may be prescribed by Statute to prepare for the consideration of the Vice-Chancellor the estimates of income and expenditure of the University for each financial year. Financial year 34. (1) For the purposes of this Part the financial year shall be the calendar year or such other period as the Board may determine. (2) The accounts of the Board shall, as soon as may be, be balanced for the preceding financial year and an annual statement or abstract thereof shall be prepared. (3) The annual statement or abstract referred to in subsection (2) shall be prepared in such form and shall contain such information as the Board may from time to time direct. Annual estimates 35. (1) The Board shall, not less than four months before the end of the financial year, approve detailed estimates of revenue and expenditure of the University for the next financial year and present such estimates, together with the comments of the Board thereon, to the Minister. (2) Before the date fixed for the meeting of the Board for the purpose of approving such estimates the Standing Finance Committee shall prepare draft estimates for submission to the Board, and the copy of such estimates shall be delivered to each member of the Board not less than seven days before the date fixed for such meeting. (3) The Board may, subject to subsection (1), in its discretion approve, modify or reject all or any of the items appearing in such draft estimates or refer any item back to the Standing Finance Committee for its consideration or add any item thereto. Supplementary estimates 36. Where additional financial provision is required in any year the Board may from time to time approve supplementary estimates for the purpose of showing the sources from which any additional expenditure incurred by it may be met. No expenditure to be incurred unless included in the estimates 37. (1) The Board shall not incur any expenditure which has not been included in any approved estimates: Provided that subject to the provisions of this Constitution the Board may transfer all or any part of the moneys assigned— (a) to one item of annually recurrent expenditure to another item of annually recurrent expenditure; (b) to one item of capital expenditure to another item of capital expenditure. (2) Subsection (1) shall not apply to— (a) moneys deposited with the University by any person, wherever by the conditions of such deposit any such sum has become repayable; (b) moneys collected and credited to the Funds of the University in error; (c) moneys payable by the University under any judgment or order of court; (d) moneys expended by the University in instituting or defending legal proceedings; and (e) expenditure arising out of any property or moneys referred to in section 39. Form of estimates 38. The annual and supplementary estimates shall be prepared in such form and shall contain such information as the Board may direct, and shall show in separate parts the annually recurrent expenditure and the capital expenditure of the University. Power of the Board to accept gifts 39. (1) The Board may on behalf of the University accept by way of grant, gift, testamentary disposition, subventions, legacies or otherwise, property and moneys in aid of the finances of the University on such conditions as it may determine. (2) Registers shall be kept of all donations to the University including the names of donors to the University and any special conditions on which any donation may have been given. Property given for specific purposes to be separately accounted for 40. All property, moneys or funds given for any specific purposes shall be applied and administered in accordance with the purposes for which they may have been given and shall be separately accounted for. Form of contracts 41. Any contract involving the expenditure of the University shall be in writing, signed on behalf of the University by any staff, officer or employee of the University duly authorized by the Board, either specially in any particular case or generally for all contracts below a certain value or otherwise as may be specified in the authorization. 42. (Deleted by Act A946). Audit 43. (1) The accounts of the University shall be audited annually by auditors appointed by the Board. (2) The audited accounts, with any observation made thereon by the auditors, shall be presented to the Minister. PART VI GENERAL PROVISIONS Convocation 44. (1) A Convocation for the conferment of degrees shall be held annually, or as often as the Chancellor may direct, on such date as may be approved by the Chancellor. (2) In the absence of the Chancellor or of a Pro-Chancellor, authorized for this purpose by the Chancellor, the Vice-Chancellor shall preside over Convocation. (3) (Deleted by Act A946). Appointments of teachers and employees 45. (1) All persons employed or to be employed by the University as teachers, the Registrar, the Bursar or the Librarian, shall be appointed as such by the Board on the advice of the Selection Committee. (2) All persons employed or to be employed by the University other than those mentioned in subsection (1) shall, subject to any Rule or Statute, be appointed by the Board. (3) Every person employed by the University shall hold office on such terms and conditions as may be prescribed by the Board and the terms and conditions to be so prescribed shall be deemed to include a provision— (a) in relation to teaching, examining, invigilating and other similar duties, that his employment is subject to the provisions of this Constitution and to the provisions of all Statutes, Rules and Regulations as from time to time amended; and (b) in relation to all other terms and conditions of service that his employment is subject to the provisions of this Constitution and to the provisions of all Statute, Rules and Regulations in force on the date of the commencement of his employment. (4) Nothing in this section shall prevent the Board from entering into a special contractual arrangement with a person to be so employed by the University if it is in the opinion of the Board expedient so to do. Royal Professors 46. (1) Notwithstanding sections 20 and 45, the Yang di-Pertuan Agong may, after consultation with the Chancellor, from time to time appoint persons of exceptional academic distinction to be professors of the University: Provided that the number of persons so appointed shall not at any time exceed three in number. (2) Any person appointed under subsection (1) shall be known as a Royal Professor and— (a) shall hold office upon such terms and conditions as the Chancellor with the approval of the Yang di-Pertuan Agong may deem appropriate; and (b) subject to the terms of his appointment and to any direction by the Chancellor, shall have all the powers and perform all the duties conferred or imposed upon professors by this Constitution, and any Statute, Rules and Regulation made thereunder. All appointments to be subject to the Universities and University Colleges Act 1971 and any subsidiary legislation thereunder 46A. Notwithstanding sections 45 and 46 or any other provision of this Constitution, every person employed by the University, including professors appointed under section 46, shall hold office subject to the provisions of the Universities and University Colleges Act 1971 [Act 30] and any subsidiary legislation made thereunder, including rules made under section 16C thereof, and the terms and conditions of their employment or appointment shall be deemed to include a provision to this effect. Admission of students 47. A student shall not be admitted to the University to a course of study for a degree unless he shall have satisfied such requirements as may be prescribed by Rules: Provided that, except with the agreement of the Minister, students who have been awarded Federal or State scholarships, loans or other similar financial assistance from public funds for University degree courses, shall not be refused admission if they satisfy such requirements. The Students’ Representative Council 48. (1) The registered students of the University, other than external students, shall together constitute a body to be known as the Students’ Union of the University (hereinafter in this Constitution referred to as “the Union”). (2) The Union shall elect a Students’ Representative Council (hereinafter in this Constitution referred to as “the SRC”) in the following manner: (a) the registered students of each Faculty, School, Centre, Academy and Institute shall elect by secret ballot conducted by the Dean of the Faculty or the Head of the School, Centre, Academy or Institute, as the case may be, such uniform number of registered students of the respective Faculty, School, Centre, Academy and Institute to be representatives in the SRC, as may be determined by the Vice-Chancellor; (b) the registered students as a whole shall elect by secret ballot conducted by any officer appointed by the Vice-Chancellor for that purpose such number of registered students to be representatives to the SRC as may be determined by the Vice-Chancellor, being, in any case, not more than half of the number of representatives elected under paragraph (a). (3) The SRC shall elect from among its members a President, a Vice-President, a Secretary and a Treasurer, who shall be its only office-bearers, unless otherwise authorized in writing by the Vice-Chancellor; the office-bearers so authorized by the Vice-Chancellor shall be elected by the SRC from the members of the SRC. (4) The members of the SRC and its office-bearers shall be elected for one year. (5) The SRC’s decision shall be taken by a majority vote with not less than two- thirds of the members being present and voting. (6) The SRC may form from time to time, with the prior approval in writing of the Vice-Chancellor, appoint ad hoc committees from among its members for specific purposes or objects. (7) No student against whom disciplinary proceedings are pending, or who has been found guilty of a disciplinary offence, shall be elected or remain a member of the SRC or an office-bearer of any student body or committee, unless authorized in writing by the Vice-Chancellor. (8) A student who has not yet appeared for his first examination in the University for his course of studies, or who has failed, or did not appear for, the last examination held by the University for his course of studies immediately prior to any proposed election or elections to the SRC or by the SRC or to or by any other student organization or body, shall be disqualified from being elected at such election or elections. (9) Nothing in this section shall preclude any graduate, who is registered as a student for a higher degree or a post-graduate diploma, from becoming an associate member of the Union. (10) The objects and functions of the SRC shall be: (a) to foster a spirit of corporate life among the students of the University; (b) to organize and supervise, subject to the direction of the Vice-Chancellor, student welfare facilities in the University including recreational facilities, spiritual and religious activities, and the supply of meals and refreshments; (c) to make representations to the Vice-Chancellor on all matters relating to, or connected with, the living and working conditions of the students of the University; (d) to be represented on any body which may, in accordance with Rules made by the Board for the purpose, be appointed to undertake student welfare activities in the University; and (e) to undertake such other activities as may be determined by the Board from time to time. (11) The Union or the SRC shall not maintain any fund or make any collection of any money or property from any source whatsoever, but such reasonable expenses as the SRC may be authorized in advance in writing by the Vice-Chancellor to incur may be paid by the University where reasonable written claims supported by receipts and vouchers are submitted by the SRC to the Vice-Chancellor and are approved by the Vice-Chancellor. (12) The Treasurer shall keep proper accounts of the SRC and not later than three months after the end of every financial year, being a financial year as specified by the Vice-Chancellor, a copy of the said accounts which shall be audited by a person appointed by the Board shall be submitted by the SRC for approval to the Board. (13) The SRC shall hold meetings from time to time as it may deem necessary and it shall be the duty of the Secretary to keep minutes of every meeting of the SRC and such minutes shall be confirmed at a subsequent meeting. (14) For the purpose of this section “registered student” means a student who is following a course of study in the University for a degree or a diploma, not being a post-graduate diploma, and includes a student who is a holder of a diploma and is following a course of study for a degree: Provided that a student shall cease to be a registered student within the meaning of this subsection— (a) upon the publication of the results of the final examination for such course of study, if he passes such examination; or (b) upon the publication of the results of any examination for such course of study, if he fails such examination, until he is, thereafter, registered again for that or another course of study applicable to a registered student under this subsection. Establishment of other student bodies 49. (1) Notwithstanding section 48, it shall be lawful for not less than ten students of the University with the prior approval of the Board and subject to such terms and conditions as the Board may specify, to establish a student body consisting of students of the University for the promotion of a specific object or interest within the University. (2) Subsections 48(3), (4), (5), (6), (7), (8), (11), (12) and (13) shall apply mutatis mutandis to a student body established under this section as they apply to the SRC. 50. (Deleted by Act A295). Acts ultra vires the Constitution of the SRC or a student body 51. (1) If the Union or the SRC or a student body established under section 49 conducts itself in a manner which in the opinion of the Board is detrimental or prejudicial to the well-being or reputation of the University or acts in contravention of the Constitution of the University or its own Constitution, or any Statute, Rules or Regulation of the University, the Board may suspend or dissolve the Union or the SRC or the said student body; as the case may be, and without prejudice to any liability that may arise under any other written law in force, every office bearer of the Union or the SRC or the said student body, shall be liable to dismissal from the University or to any other disciplinary punishment that may be inflicted upon him. (2) Subsection (1) shall be in addition to and not in derogation from section 16 of the Universities and University Colleges Act 1971. Powers of delegation 52. (1) Where by the provisions of this Constitution or any Statute, Rules or Regulation any officer or authority is empowered to exercise any power or perform any duty, such officer or authority may by instrument in writing subject to the provisions of this section and to such conditions and restrictions as may be prescribed in such instrument, delegate the exercise of such powers or the performance of such duties to any authority or to any committee or to any person described therein by name or office. (2) A delegation under this section may be revoked at any time by the officer or authority making such delegation. (3) No delegation of any power or duty under this section shall affect the exercise of such power or the performance of such duty by the officer or authority making such delegation. (4) Nothing in this section shall apply to any power to make or approve Statutes, Rules or Regulations. Deprivation of degree, etc., on grounds of misconduct 53. (1) If any member of an Authority, or any graduate of the University, or any person who has received a degree, diploma, certificate or other academic distinction from the University, is convicted by a court of law of any heinous offence whether within or without Malaysia, or is in the opinion of the Board guilty of scandalous conduct, it shall be lawful for the Chancellor, on the recommendation of not less than two-thirds of all the members of the Board— (a) to remove him from membership of the Authority; or (b) to deprive him of any degree, diploma or other academic distinction conferred upon him by the University. (2) Scandalous conduct in subsection (1) includes wilfully giving any staff, officer, employee or Authority of the University any information or document which is false or misleading in any material particular in obtaining a degree, diploma, certificate or other academic distinction from the University. Disputes as to elections determined by the Minister 54. If any question arises whether any person has been duly elected, appointed, nominated or co-opted to membership, or is entitled to be or to remain a member of any Authority or other body in the University, the question shall be referred to the Minister, whose decision thereon shall be final. 55. (Deleted by Act A80). NOTE [This Schedule has been modified to apply to the following Universities: 1. Universiti Kebangsaan Malaysia vide P.U.(A)110/1974 and 112/1978; 2. Universiti Teknologi Malaysia vide P.U.(A)230/1976, 231/1976, 118/1978 and 119/1978; 3. Universiti Putra Malaysia vide P.U.(A)410/1976 and 116/1978; 4. University of Malaya vide P.U.(A)110/1978; 5. Universiti Sains Malaysia vide P.U.(A)268/1975 and 114/1978; and 6. Universiti Utara Malaysia vide P.U.(A)348/1986.]