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    Act 546, National Council On Higher Education Act 1996

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    Wahab Chik
    This document is the National Council on Higher Education Act 1996 of Malaysia. It establishes the National Council on Higher Education and outlines its composition and functions. The Council is tasked with planning, coordinating, and determining national policies relating to higher education. It is responsible for allocating funds, setting entry criteria for students, and determining policies around fee structures, areas of study, and involvement of universities in business activities. The Council consists of representatives from the Ministry of Education, Ministry of Finance, and other government bodies, as well as Vice Chancellors and heads of private higher education institutions.

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    Download as PDF, TXT or read online from Scribd

    Act 546, National Council On Higher Education Act 1996

    Uploaded by

    Wahab Chik
    239 views13 pages
    This document is the National Council on Higher Education Act 1996 of Malaysia. It establishes the National Council on Higher Education and outlines its composition and functions. The Council is tasked with planning, coordinating, and determining national policies relating to higher education. It is responsible for allocating funds, setting entry criteria for students, and determining policies around fee structures, areas of study, and involvement of universities in business activities. The Council consists of representatives from the Ministry of Education, Ministry of Finance, and other government bodies, as well as Vice Chancellors and heads of private higher education institutions.

    Original Description:

    Laws of Malaysia (LOM) National Council on Higher Education Act 1996

    Original Title

    Act 546, National Council on Higher Education Act 1996

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    This document is the National Council on Higher Education Act 1996 of Malaysia. It establishes the National Council on Higher Education and outlines its composition and functions. The Council is tasked with planning, coordinating, and determining national policies relating to higher education. It is responsible for allocating funds, setting entry criteria for students, and determining policies around fee structures, areas of study, and involvement of universities in business activities. The Council consists of representatives from the Ministry of Education, Ministry of Finance, and other government bodies, as well as Vice Chancellors and heads of private higher education institutions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    239 views13 pages

    Act 546, National Council On Higher Education Act 1996

    Uploaded by

    Wahab Chik
    This document is the National Council on Higher Education Act 1996 of Malaysia. It establishes the National Council on Higher Education and outlines its composition and functions. The Council is tasked with planning, coordinating, and determining national policies relating to higher education. It is responsible for allocating funds, setting entry criteria for students, and determining policies around fee structures, areas of study, and involvement of universities in business activities. The Council consists of representatives from the Ministry of Education, Ministry of Finance, and other government bodies, as well as Vice Chancellors and heads of private higher education institutions.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 13

    National Council on Higher Education 1

    LAWS OF MALAYSIA
    REPRINT

    Act 546

    NATIONAL COUNCIL ON
    HIGHER EDUCATION ACT 1996
    Incorporating all amendments up to 1 January 2006

    PUBLISHED BY
    THE COMMISSIONER OF LAW REVISION, MALAYSIA
    UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968
    IN COLLABORATION WITH
    PERCETAKAN NASIONAL MALAYSIA BHD
    2006
    2

    NATIONAL COUNCIL ON HIGHER


    EDUCATION ACT 1996

    Date of Royal Assent ... ... ... … … 30 May 1996

    Date of publication in the Gazette … … 6 June 1996

    PREVIOUS REPRINT

    First Reprint ... ... ... ... ... 2001


    3
    LAWS OF MALAYSIA

    Act 546

    NATIONAL COUNCIL ON HIGHER


    EDUCATION ACT 1996

    ARRANGEMENT OF SECTIONS

    PART I

    PRELIMINARY

    Section

    1. Short title
    2. Interpretation

    PART II

    NATIONAL COUNCIL ON HIGHER EDUCATION

    3. Establishment of the Council


    4. Members of the Council
    5. Temporary exercise of function of Chairman
    6. Duration of appointment
    7. Disqualification from being a member
    8. Cessation from being a member
    9. Vacancy
    10. Member may resign by notice
    11. Termination of appointment
    12. Functions of the Council

    PART III

    GENERAL

    13. Committees
    14. Council to determine its own procedure
    4 Laws of Malaysia ACT 546
    Section

    15. Meetings
    16. Declaration of beneficial interest
    17. Minutes
    18. Allowance
    19. Grants-in-aid
    20. Secretariat
    National Council on Higher Education 5
    LAWS OF MALAYSIA

    Act 546

    NATIONAL COUNCIL ON HIGHER


    EDUCATION ACT 1996

    An Act to establish the National Council on Higher Education and


    to provide for its functions relating to higher education and for
    matters connected therewith.

    [1 September 1996, P.U. (B) 377/1996]

    BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan


    Agong with the advice and consent of the Dewan Negara and
    Dewan Rakyat in Parliament assembled, and by the authority of
    the same, as follows:

    PART I

    PRELIMINARY

    Short title and commencement


    1. This Act may be cited as the National Council on Higher
    Education Act 1996.

    Interpretation
    2. In this Act, unless the context otherwise requires—

    “Chairman” means the Chairman of the National Council on


    Higher Education;

    “chief executive” means a chief executive of a private higher


    educational institution registered under the Private Higher Educational
    Institutions Act 1996 [Act 555];

    “Council” means the National Council on Higher Education


    established under section 3;

    “higher education” means education provided by a higher


    educational institution;
    6 Laws of Malaysia ACT 546

    “higher educational institution” means an educational institution


    whether or not established under any written law and including a
    private educational institution providing higher education leading
    to the award of a certificate, diploma, degree or the equivalent
    thereof;

    “member” means a member of the National Council on Higher


    Education;

    “Minister” means the Minister responsible for Education;

    “student” means a person receiving education, instruction or


    training of any description from or in a higher educational institution;

    “University” or “University College” means—


    (a) a University or University College established under the
    Universities and University Colleges Act 1971 [Act 30];
    or
    (b) a private higher educational institution with the status of
    a University or University College, a branch campus
    thereof and a branch campus of a foreign University or
    University College, established under the Private Higher
    Educational Institutions Act 1996;

    “Vice-Chancellor”—
    (a) in relation to a University means the Vice-Chancellor,
    President, Rector or Director of the University and includes
    any other person, by whatever name called, who has been
    appointed as the chief executive officer of the University;
    and
    (b) in relation to a University College shall be read as a
    reference to the appropriate authority of the University
    College.

    PART II

    NATIONAL COUNCIL ON HIGHER EDUCATION

    Establishment of the Council

    3. There shall be established a Council to be known as the


    “National Council on Higher Education”.
    National Council on Higher Education 7
    Members of the Council

    4. The Council shall consist of the following members:


    (a) the Minister as Chairman;
    (b) the Secretary General of the Ministry of Education or his
    representative;
    (c) the Director General of Education or his representative;
    (d) the Secretary General of the Ministry of Finance or his
    representative;
    (e) the Director General of the Economic Planning Unit of
    the Prime Minister’s Department or his representative;
    (f) the Attorney General or his representative;
    (g) three Vice-Chancellors of any of the Universities and
    University Colleges established under the Universities
    and University Colleges Act 1971;
    (h) not more than two persons who are the chief executive
    officers of any private higher educational institution; and
    (i) not more than three persons who, because of their
    knowledge and experience, would in the opinion of the
    Minister be of assistance to the Council.

    Temporary exercise of function of Chairman

    5. The Secretary General of the Ministry of Education shall chair


    the meeting of the Council in the absence of the Chairman or
    whenever the Chairman is for any reason unable to attend a meeting
    of the Council.

    Duration of appointment

    6. The appointment of a member of the Council under paragraphs


    4(g), (h) and (i) shall be made by the Minister and, subject to
    sections 7 and 11, shall be for a period not exceeding three years
    and every member so appointed shall, on ceasing to be a member,
    be eligible for reappointment.
    8 Laws of Malaysia ACT 546

    Disqualification from being a member

    7. The following persons shall be disqualified from being appointed


    or being a member of the Council:
    (a) a person who has been convicted of an offence involving
    fraud, dishonesty or moral turpitude;
    (b) a bankrupt; and
    (c) a person of unsound mind or is otherwise incapable of
    discharging his duties.

    Cessation from being a member

    8. A member of the Council appointed under paragraphs 4(g),


    (h) and (i) shall cease to be a member—
    (a) if he fails to attend three consecutive meetings of the
    Council without leave of the Chairman of the Council;
    or
    (b) if his appointment is revoked.

    Vacancy

    9. If a vacancy occurs among the members of the Council appointed


    under paragraph 4(g), (h) or (i), the vacancy shall be filled by a
    person appointed by the Minister.

    Member may resign by notice

    10. A member appointed by the Minister under paragraph 4(i)


    may resign as a member of the Council at any time by giving one
    month’s notice in writing to the Minister.

    Termination of appointment

    11. The Minister may terminate the appointment of any member


    of the Council appointed under paragraph 4(g), (h) or (i) at any
    time without assigning any reason therefor.
    National Council on Higher Education 9
    Functions of Council

    12. (1) The functions of the Council shall be—


    (a) to plan, formulate and determine national policies and
    strategies for the development of higher education;
    (b) to co-ordinate the development of higher education;
    (c) to promote and facilitate the orderly growth of institutions
    of higher education;
    (d) to determine policies and set criteria for the allocation
    of funds to higher educational institutions;
    (e) to determine policies relating to the entry of students to
    higher educational institutions;
    (f) to determine policies and set guidelines on matters
    pertaining to the salary structure and personnel management
    system of Universities and University Colleges established
    under the Universities and University Colleges Act 1971;
    (g) to determine policies and set guidelines on fee structure;
    (h) to determine policies and set guidelines on the areas or
    courses of study to be undertaken by higher educational
    institutions;
    (i) to determine policies and set guidelines on the conduct
    of any course of study or training programme by higher
    educational institutions 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;
    (j) to determine policies and set guidelines on the involvement
    in business activities by Universities in accordance with
    the powers conferred under the Universities and University
    Colleges Act 1971; and
    (k) to take such actions or do such things as it deems fit or
    necessary to enable it to carry out its functions and powers
    effectively.

    (2) Upon the formulation or determination by the Council of


    the national policies, strategies and guidelines in relation to its
    functions under paragraphs (1)(a) to (k), the Minister shall implement
    the policies, strategies and guidelines accordingly.
    10 Laws of Malaysia ACT 546

    PART III

    GENERAL

    Committees

    13. (1) The Council may establish committees as it thinks


    fit for the purpose of assisting the Council to perform its
    functions.

    (2) A committee shall consist of such number of persons as may


    be appointed by the Council from among its members.

    (3) Notwithstanding the provision of subsection (2), the Council


    may invite any person or a representative of any organization to
    advise a committee established under subsection (1) in the carrying
    out of its functions.

    (4) A person appointed under subsection (2) or invited to be a


    member of a committee under subsection (3) may be paid such
    allowances as may be determined by the Minister.

    Council to determine its own procedure

    14. Subject to this Act, the Council shall determine its own
    procedure.

    Meetings

    15. (1) The Council shall meet as and when required to do so by


    the Chairman of the Council.

    (2) The Chairman and four other members of the Council shall
    form a quorum at any meeting of the Council.

    (3) If on any question to be determined by the Council there is


    an equal division of votes, the Chairman or member presiding
    shall have a casting vote in addition to his deliberative vote.
    National Council on Higher Education 11
    Declaration of beneficial interest

    16. If any member of the Council has any beneficial interest in


    any matter under consideration by the Council he shall declare to
    the Chairman or member presiding the nature and extent of his
    interest in the matter and the Council shall decide whether or not
    he may take part in the meeting of the Council when the matter
    is being considered, notwithstanding his interest in the matter.

    Minutes

    17. The Council shall cause minutes of all its meetings to be


    maintained and kept in a proper form.

    Allowance

    18. A member of the Council or his representative may be paid


    such allowances for attending meetings of the Council as the
    Minister may determine.

    Grants-in-aid

    19. For the purpose of enabling the Council to carry out its
    functions under this Act, the Minister may, from time to time,
    make grants-in-aid to the Council of such sums of money as the
    Minister may determine out of moneys to be provided by Parliament.

    Secretariat

    20. There shall be established a Secretariat from the Higher


    Education Department of the Ministry of Education which shall
    assist the Council in carrying out its functions.
    12 Laws of Malaysia ACT 546

    LAWS OF MALAYSIA

    Act 546

    NATIONAL COUNCIL ON HIGHER


    EDUCATION ACT 1996

    LIST OF AMENDMENTS

    Amending law Short title In force from

    – NIL –
    National Council on Higher Education 13
    LAWS OF MALAYSIA

    Act 546

    NATIONAL COUNCIL ON HIGHER


    EDUCATION ACT 1996

    LIST OF SECTIONS AMENDED

    Section Amending authority In force from

    – NIL –

    DICETAK OLEH
    PERCETAKAN NASIONAL MALAYSIA BERHAD,
    KUALA LUMPUR
    BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA

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