546 - NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996

National Council on Higher Education 1 LAWS OF MALAYSIA REPRINT Act 546 NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996 As at 1 November 2021 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2021 2 Laws of Malaysia Act 546 NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996 Date of Royal Assent … … … … 30 May 1996 Date of publication in the Gazette … … … 6 June 1996 Previous rePrints First Reprint … … … … … 2002 Second Reprint … … … … … 2006 National Council on Higher Education 3 LAWS OF MALAYSIA Act 546 NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 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 4 Laws of Malaysia Act 546 Part III GENERAL Section 13. Committees 14. Council to determine its own procedure 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 connected matters. [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 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. Interpretation 2. In this Act, unless the context otherwise requires— “Chairman” means the Chairman of the National Council on Higher Education; 6 Laws of Malaysia Act 546 “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; “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 *higher 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; *NOTE—See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021]. National Council on Higher Education 7 “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”. 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 *Higher Education or his representative; (c) the Director General of *Higher 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; *NOTE—See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021]. 8 Laws of Malaysia Act 546 (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 *Higher 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. Disqualification from being a member 7. The following persons shall be disqualified from being appointed as or being a member of the Council: (a) a person who has been convicted of an offence involving fraud, dishonesty or moral turpitude; *NOTE— See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021]. National Council on Higher Education 9 (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. Functions of the 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; 10 Laws of Malaysia Act 546 (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 and 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. National Council on Higher Education 11 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. 12 Laws of Malaysia Act 546 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 *Department of Higher Education of the Ministry of *Higher Education which shall assist the Council in carrying out its functions. *NOTE— See the Ministers of the Federal Government (No.3) Order 2021 [P.U. (A) 383/2021]. National Council on Higher Education 13 LAWS OF MALAYSIA Act 546 NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996 LIST OF AMENDMENTS Amending law Short title In force from −NIL− 14 Laws of Malaysia Act 546 LAWS OF MALAYSIA Act 546 NATIONAL COUNCIL ON HIGHER EDUCATION ACT 1996 LIST OF SECTIONS AMENDED Section Amending authority In force from −NIL− Hakcipta Pencetak H PERCETAKAN NASIONAL MALAYSIA BERHAD Semua Hak Terpelihara. Tiada mana-mana bahagian jua daripada penerbitan ini boleh diterbitkan semula atau disimpan di dalam bentuk yang boleh diperolehi semula atau disiarkan dalam sebarang bentuk dengan apa jua cara elektronik, mekanikal, fotokopi, rakaman dan/ atau sebaliknya tanpa mendapat izin daripada Percetakan Nasional Malaysia Berhad (Pencetak kepada Kerajaan Malaysia yang dilantik). DICETAK OLEH PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA WJW21/1287 22-10-2021