Act 736 on Peaceful Assembly

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Universities and University Colleges (Amendment) 1
a bill
i n t i t u l e d
an act to amend the Universities and University Colleges act
1971.
[ ] ENACTED by the Parliament of Malaysia as follows:
Short title and commencement
1. (1) This act may be cited as the Universities and University
Colleges (amendment) act 2012.
(2) This act comes into operation on a date to be appointed
by the Minister by notification in the Gazette , and the Minister
may appoint different dates for the coming into operation of
different provisions of this act.
Amendment of section 2
2. The Universities and University Colleges act 1971 [ Act 30 ],
which is referred to as the “principal act” in this act, is amended
in section 2—
(a) by substituting for the definition of “Campus” the following
definition:
‘ “Campus”, in relation to a University or University
College, means—
(a) the Campus or branch Campus of the University
or University College;

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(b) the Campus as specified in the order made under
subsection 6(1); and
(c) the area, together with all buildings or other
s t r u c t u r e s t h e r e o n , w h i c h b e l o n g s t o o r i s
used, whether permanently or otherwise, by the
University or University College;’; and
(b) by inserting after the definition of “Constitution” the
following definition:
‘ “Director General” means the Director General of
Higher Education appointed under subsection 4 c(1)
and includes the Deputy Director General appointed
under the same subsection;’.
New Part II a
3. The principal act is amended by inserting after Part ii the
following Part:
“Pa r t ii a
aDMiNiSTRa TiON
Appointment and duty of Director General of Higher
Education
4c. (1) The Minister shall appoint a Director General of
Higher Education and such number of Deputies Director
General.
(2) The Director General shall advise the Minister on
matters pertaining to higher education.
(3) The Director General shall have the functions and
exercise the powers conferred on him by this act subject
to the general direction and control of the Minister and the
Director General shall give effect to such direction issued
by the Minister.

Universities and University Colleges (Amendment) 3
(4) in the absence of the Director General, the Deputy
Director General may exercise his functions and powers.
Delegation of functions, powers and duties of the
Minister
4d. (1) Except for the powers under sections 4, 4 a, 4 b, 4 c
and 12, the Minister may delegate in writing any of his
functions, powers or duties to the Director General.
(2) a ny function, power or duty delegated under subsection (1)
shall be performed, exercised or discharged by the Director
General in the name and on behalf of the Minister.
(3) The Director General to whom such functions, powers
or duties are delegated under subsection (1) shall be bound
to observe and comply with all conditions, limitations or
restrictions imposed by the Minister.
(4) The delegation under this section shall not preclude the
Minister from discharging at any time any of the functions,
powers or duties so delegated.
(5) The Minister may, at any time, revoke the delegation
made under this section.”.
Amendment of section 5 a
4. Section 5 a of the principal act is amended—
(a) by substituting for the shoulder note the following shoulder
note:
“Non-application of Act to university established
in the national interest, etc. ”; and
(b) b y s u b s t i t u t i n g f o r s u b s e c t i o n ( 2 ) t h e f o l l o w i n g
subsection:
“(2) The Yang di-Pertuan agong may, on the advice
of the Minister, by order published in the Gazette,
authorize the establishment of any higher educational

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institution having the status of a University, whatever
its name or style, if he is satisfied that it is expedient
in the national interest that such higher educational
institution should be established.”.
Substitution of section 15
5. The principal act is amended by substituting for section 15
the following section:
“Activities of students or students’ society, organization,
body or group
15. (1) Subject to subsection (2), a student of the University
may become a member of any society, organization, body or
group of persons, whether in or outside Malaysia, including
any political party.

(2) a student of the University shall not—
(a) become a member of any unlawful society,
organization, body or group of persons, whether
in or outside Malaysia;
(b) become a member of any society, organization,
body or group of persons, not being a political
party, which the board determines to be unsuitable
to the interests and well-being of the students
or the University;
(c) stand for election to or hold any post in any
society, organization, body or group of students
in the Campus if the student holds any post in
a political party; or
(d) be involved in political party activities within the
Campus.
(3) a student of the University and any society, organization,
body or group of students of the University which is established
by, under or in accordance with the Constitution, shall no t

Universities and University Colleges (Amendment) 5
express or do anything which may reasonably be construed
as expressing support for or sympathy with or opposition
to—
(a) any unlawful society, organization, body or group
of persons, whether in or outside Malaysia; or
(b) any society, organization, body or group of persons
which the board determines to be unsuitable to
the interests and well-being of the students or
the University.
(4) Notwithstanding subsection (3), a student of the
University shall not be prevented from—
(a) making a statement on an academic matter which
relates to a subject on which he is engaged in
study or research; or
(b) expressing himself on the subject referred to in
paragraph (a) at a seminar, symposium or similar
occasion that is not organized or sponsored by any
unlawful society, organization, body or group of
persons, whether in or outside Malaysia, or any
society, organization, body or group of persons
determined by the board under paragraph (3) (b)
to be unsuitable to the interests and well-being
of the students or the University.
(5) The University shall regulate the activities of students
and a society, an organization, a body or group of students
of the University within the Campus.”.
Amendment of section 16 b
6. Section 16 b of the principal act is amended—
(a) by deleting subsection (9); and
(b) in subsection (11), by substituting for the word “thirty”
the word “sixty”.

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New Part IV a
7. The principal act is amended by inserting after Part iV the
following Part:
“Pa r t iV a
REGiSTER aND DaTabaSE
Duty to maintain register
22 a. (1) The Director General shall keep and maintain or
cause to be kept and maintained a National Higher Education
Register containing particulars of—
(a) higher educational institutions established under
section 6;
(b) programmes conducted or provided by higher educational
institutions;
(c) persons who have been conferred with degrees at
doctoral level, including an honorary doctorate;
(d) persons who have been appointed as professors and
include persons who have been conferred with the
title of Royal Professor or Professor Emeritus; and
(e) any other matter relating to higher education which
he deems necessary.

(2) The Director General may make the National Higher
Education Register available for public inspection subject to
such conditions as he thinks fit.
(3) a person may on payment of fees as prescribed by
the Minister—
(a) inspect the National Higher Education Register; and
(b) make a copy of, or take extracts from, the Register.

Universities and University Colleges (Amendment) 7
Duty to maintain database
22 b. (1) Every higher educational institution established
under section 6 shall keep and maintain a database containing
particulars of—
(a) programmes conducted or provided by higher educational
institutions;
(b) persons who have been conferred with degrees at
doctoral level, including an honorary doctorate;
(c) persons who have been appointed as professors and
include persons who have been conferred with the
title of Royal Professor or Professor Emeritus; and
(d) any other matter relating to higher education which
he deems necessary.
(2) The database mentioned in subsection (1) shall be
made accessible to the Minister as he may require.”.
New section 24 e
8. The principal act is amended by inserting after section 24 d
the following section:
“Power of Minister to make regulations
24 e. The Minister may make regulations for all or any of
the following purposes:
(a) to prescribe the form in which a register shall be kept
or maintained under this act, entries to be made
therein, provision for the inspection of and taking
extracts from the register and the supply of copies
thereof and the fees to be paid for such inspection,
extracts and copies respectively ;
(b) to prescribe any other matter which the Minister
deems expedient or necessary for the purposes of
this act.”.

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Amendment of First Schedule
9. The First Schedule to the principal act is amended—
(a) in section 10—
(i) by substituting for subsection (3) the following
subsection:
“ ( 3 ) S u b j e c t t o t h e p r o v i s i o n s o f t h i s
Constitution, the conditions of appointment of
the Registrar, the bursar, the Chief librarian
and the legal adviser shall be determined by
the board.”; and
(ii) by inserting after subsection (3) the following
subsections:
“(4) a person appointed as the Registrar, the
bursar and the legal adviser shall, unless he
resigns or vacates his office or his appointment
is revoked, hold office for a period of not
more than three years and upon expiry of such
period, the Registrar, the bursar and the legal
adviser shall be eligible for reappointment.
(5) a person appointed as the Chief librarian
shall hold office for a period as determined by
the board.
(6) The appointment of the Registrar, the
b ursar, the Chief librarian and the legal adviser
may, at any time, be revoked by the board
stating the reason for such revocation.”;
(b) by deleting section 20 a; and
(c) by inserting after section 21 the following section:
“Students’ Complaints Committee
21 a. (1) There is established a Students’ Complaints
Committee which shall consist of—
(a) the Vice-Chancellor who shall be the
chairman;

Universities and University Colleges (Amendment) 9
(b) two members elected by the Students’
Representative Council;
(c) two members elected by the Guild of Graduates
or the alumni of the University; and
(d) two other officers of the University appointed by
the board after due regards to the importance
of securing a Students’ Complaints Committee
which enjoys student confidence.
(2) The Students’ Complaints Committee shall have
such powers in conducting investigations or inquiries
as to any complaint made by a student in the manner
as may be prescribed by Statute.”.
Amendment of Second Schedule
10. The Second Schedule to the principal act is amended in
subsubsubparagraph 1 (a) (iv) in the national language text by
deleting the word “tidak” after the words “pemenjaraan selama
tempoh yang”.
Savings
11 . (1) a l l d i s c i p l i n a r y a c t i o n s w h i c h a r e p e n d i n g u n d e r
subsection 15(7) of the principal act in relation to matters referred
to in paragraphs 15(1) (a) and 15(5) (a) of the principal act against
any student of the University shall, on the date of coming into
operation of this act, be discontinued.
(2) a ll actions which are pending under section 16 of the
principal act in relation to matters referred to in paragraph 15(5) (a)
of the principal act against any organization, body or group
of students of the University shall, on the date of coming into
operation of this act, be discontinued.

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EXPlaNaTORY STaTEMENT
This bill seeks to amend the Universities and University Colleges act 1971
(“act 30”).
2. Clause 1 contains the short title and provisions on the commencement
of the proposed act.
3. Clause 2 seeks to amend section 2 of act 30 to introduce the new definition
of “Director General” and to amend the definition of “Campus”. The definition
of “Director General” is introduced consequent upon the creation of the post
of the Director General of Higher Education who is appointed by the Minister
under the new subsection 4 c(1). The amendment to the definition of “Campus”
seeks to extend the definition to include the Campus as specified in the order
made under subsection 6(1) of act 30 and also the area, together with all
buildings or other structures thereon, which belongs to or is used, whether
permanently or otherwise, by a University or University College.
4. Clause 3 seeks to introduce a new Part ii a into act 30 relating to
administration. The proposed section 4 c deals with the appointment of the
Director General of Higher Education and the Deputy Director General. The
proposed section 4 d provides for the delegation of the Minister ’s functions,
powers and duties to the Director General.
5. Clause 4 seeks to substitute subsection 5 a(2) of act 30 to enable the Yang
di-Pertuan agong, on the advice of the Minister, to authorize the establishment
of a higher educational institution having the status of a University in the
national interest.
6. Clause 5 seeks to substitute for section 15 of act 30 a new section 15.
The proposed subsection 15(1) seeks to extend the students’ right of
association to include the right to become a member of any political party.
The existing section 15 of act 30 does not allow students to become members
of political parties.
The proposed paragraphs 15(2) (a) and (b) provide for restrictions on
students in respect of becoming members of an unlawful society, etc. , and
members of a society, etc. , which the board determines to be unsuitable to
the interests and well-being of the students or the University. However, the
determination by the board under the proposed paragraph 15(2) (b) shall not
include a political party.
The proposed paragraph 15(2) (c) seeks to prohibit a student from running
for election to or holding any post in any society, organization, body or
group of students in the Campus if he holds any post in a political party. The
prohibition seeks to maintain neutrality in the Campus.
The proposed paragraph 15(2) (d) seeks to impose restrictions on students’
involvement in political party activities inside the Campus. This restriction
seeks to maintain neutrality in the Campus. However, no restriction is imposed
on students’ political party activities outside the Campus.

Universities and University Colleges (Amendment) 11
The proposed subsection 15(3) seeks to remove the restrictions imposed on
students and societies, organizations, bodies or groups of students in expressing
or doing anything which may reasonably be construed as expressing support
for or sympathy with or opposition to any political party. This is consistent
with the Court of appeal’s decision in the case of Muhammad Hilman
Idham & Ors v Kerajaan Malaysia & Ors [2011] 9 CLJ 50 . However, the
subsection maintains the restrictions in the existing subsection 15(5) of act
30 whereby the students and societies, organizations, bodies or groups of
students are not allowed to express or do anything which may reasonably be
construed as expressing support for or sympathy with or opposition to any
unlawful society, organization, etc., and any society, organization, etc., which
the board determines to be unsuitable to the interests and well-being of the
students or the University.
The proposed subsection 15(4) provides the exceptions to the restrictions
imposed in the proposed subsection 15(3) as provided under the existing
section 15 of act 30.
The proposed subsection 15(5) seeks to impose an obligation on the University
to regulate the activities of students or students’ society, organization, body
or group inside the Campus.

7. Subclause 6(a) seeks to delete subsection 16 b(9) of act 30 to disallow a
student who has submitted an appeal before the Student Disciplinary appeal
Committee under subsection 16 b(5) of act 30 to be represented by an employee
or another student of the University. This is because the student has been
given the right to be represented by an employee or another student of the
University under subsection 16 b(3b) of act 30 and the student has also been
given the right to make a written representation before the Student Disciplinary
appeal Committee under subsection 16 b(10) of act 30. Subclause 6(b) seeks
to amend subsection 16 b(11) of act 30 to extend the period from thirty days
to sixty days during which the Student Disciplinary appeal Committee is
required to decide on an appeal.
8. Clause 7 seeks to introduce a new Part iV a into act 30. The proposed
section 22 a requires the Director General to keep and maintain or cause to
be kept or maintained the National Higher Education Register. The proposed
section 22 b imposes an obligation on a higher educational institution established
under section 6 of act 30 to keep and maintain a database which shall be
made accessible to the Minister.
9. Clause 8 seeks to introduce a new section 24 e into act 30 to empower
the Minister to make regulations for the purposes of act 30.
10. Clause 9 seeks to amend the Constitution of the University in the First
Schedule to act 30.
Paragraph 9(a)(i) seeks to amend subsection 10(3) to state that the
conditions of appointment of the Registrar, the bursar, the Chief librarian
and the legal adviser shall be determined by the board. Paragraph 9(a)(ii)
seeks to insert new subsections 10(4), (5) and (6) into the Constitution. The
proposed subsection 10(4) states that the term of office for the Registrar, the

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bursar and the legal adviser shall not be more than three years and they
are eligible for reappointment. The proposed subsection 10(5) states that the
Chief librarian shall hold office for a period as determined by the board.
The proposed subsection 10(6) states that the appointments of the Registrar,
the bursar, the Chief librarian and the legal adviser are revocable by the
board.
Subclause 9(b) seeks to delete section 20 a of the Constitution relating to
the Employee Welfare Committee.
Subclause 9(c) seeks to introduce a new section 21 a in the Constitution to
establish the Students’ Complaints Committee which shall have the power to
conduct investigations or inquiries into any complaint made by a student in
the manner as may be prescribed by Statute.
11. Clause 10 seeks to amend subsubsubparagraph 1(a) (iv) of the Second
Schedule to act 30 to make the national language text and the English language
text consistent.
12. Clause 11 seeks to provide for savings provision.
13. Other amendments not specifically dealt with in this Statement are
amendments which are minor or consequential in nature.
FINANCIAL IMPLICATIONS
T h i s bi l l w i l l n o t i n v o l v e t h e G o v e r n m e n t i n a n y e x t r a f i n a n c i a l
expenditure.
[PN(U 2)2857]