Constitution

1. Short Title

This constitution may be cited as the Constitution of Universiti Tunku Abdul Rahman.

2. Interpretation

In this Constitution, unless the context otherwise requires -

"Academic Staff" means a person appointed, whether on a full-time or part-time basis,

by the University in accordance with this Constitution, and includes a senior professor,

professor, associate professor, assistant professor, senior lecturer, lecturer, assistant

lecturer and tutor who performs academic work including teaching and research;

"Act" refers to Private Higher Educational Institutions Act 1996;

"Alumni Association" means the Association constituted in accordance with Article 43;

"Authority" means any of the Authorities referred to in Part III of this Constitution;

"Board" means the Board of Trustees hereby set up for the management of the affairs of

the UTAR Education Foundation in accordance with Article 10;

"Centre" means an academic centre established under Article 13;

"Chair" means the post of a senior professor or professor as holder of a Chair;

"Convocation" means a convocation held in accordance with Article 34;

"Council" means the University Council constituted under Article 11;

"Faculty" means a faculty established under Article 13;

"Institute" means an institute established under Article 13;

"Laws of the University" includes this Constitution, Statutes and Rules and Regulations;

"National Council on Higher Education" means the council established under the

National Council of Higher Education Act 1996;

"Officer" means Registrar, Chief Librarian, Director of Human Resources and Director

of Finance;

"Principal Officer" means the President, the Vice Presidents and other positions of

equivalent rank;

"Rules and Regulations" means any rules and regulations made in accordance with the

Constitution;

"Senate" means the Senate constituted in accordance with Article 12;

"Staff" means an employee of the University other than the Academic Staff;

"Statutes" means statutes made in accordance with the Constitution;

"Students" means persons attending courses leading to academic credits; and

"University" means Universiti Tunku Abdul Rahman.

Part I

The University

3. Establishment of the University

Universiti Tunku Abdul Rahman is a university set up by UTAR Education Foundation

under Section 22 of the Private Higher Educational Institutions Act 1996. The Foundation

is a company limited by guarantee incorporated under the provisions of the Companies

Act 1965, pursuant to its Memorandum and Articles of Association.

4. Powers of the University

(1) The University shall, subject to the provisions of the Private Higher Educational

Institutions Act 1996, National Council on Higher Education Act 1996, Malaysian

Qualifications Agency Act 2007 and other relevant legislations, have the following

powers:-

(a) to provide courses of instruction, to hold examinations, to make provisions 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 and certificates upon persons who have

followed courses of study approved by the University and have satisfied such

other requirements as may be prescribed by the Laws of the University;

(c) to recognise the degrees, diplomas, certificates or other academic distinctions

of other institutions of higher learning, for the purpose of admission to the

courses and examinations of the University and for the purpose of the award of

bachelor or higher degrees on holders of such degrees or diplomas or

certificates or on graduates of the University on such conditions as may be

prescribed by the Laws of the University;

(d) to confer appropriate recognition upon academic and training of staff of the

University who have satisfied such requirements as may be prescribed by the

Laws of the University;

(e) to confer honorary degrees or awards on persons who have contributed to the

advancement or dissemination of knowledge or who have rendered

distinguished public service as may be prescribed by the Laws of the

University;

(f) to grant certificates to persons who have attained proficiency in any branch or

branches of knowledge;

(g) to institute Chairs, Professorships, Lecturerships, and other posts and offices,

and to make appointments thereto;

(h) to establish a University printing press and to publish books and other

publications or materials;

(i) to establish subsidiary companies or entities for the purpose of consultancy and

commercialisation of research output of the University;

(j) to erect, equip and maintain libraries, laboratories, workshops, hospitals,

museums, lecture halls, halls of residence and all other buildings required for

the purposes of the University, whether within or outside Malaysia;

(k) to institute and award fellowships, scholarships, exhibitions, bursaries, medals,

prizes and other titles, distinctions and awards and other forms of assistance

towards the advancement and dissemination of knowledge;

(l) to invest in land or securities or other property whether tangible or intangible

(whether authorised 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 not invested with any bank established in Malaysia

either upon fixed deposit or upon current account or other accounts, as may be

approved by the Board;

(m) to grant scholarships, loans or financial assistance to deserving students on

such terms and conditions as may be approved by the Council;

(n) to conduct any course of study or training jointly or in association, affiliation,

collaboration or otherwise, with any university or institution of higher learning

or organisation within or outside Malaysia;

(o) to conduct research and to promote the utilisation of its research findings

whether or not for profit in whatever form;

(p) to provide services in education, training, research, consulting and related

activities to individuals and organisations whether or not for profit in whatever

form;

(q) to appoint, promote, train and discipline Academic Staff and Staff of the

University;

(r) to establish posts and positions required for academic, administrative and

support staff functions;

(s) to regulate the conditions of service of the employees of the University,

including schemes of service, salary scales, benefits, welfare, leave and

discipline;

(t) to regulate and provide for the residence of Principal Officers, Officers,

Academic Staff, Staff, students and trainees of the University and the welfare

and discipline of the same;

(u) to solicit funds and other forms of assistance from individuals and

organisations for carrying out and furthering the objectives of the University;

(v) to demand and receive such fees as may from time to time be prescribed by the

Laws of the University; and

(w) to do all such acts and things, whether or not incidental to the powers aforesaid

as may be requisite in order to further improve the instruction, research,

finance, administration, welfare and discipline in the University.

5. The Seal of the University

(1) The Seal of the University shall be such seal as may be approved by the Council on

the recommendation of the President and such seal may from time to time be broken,

changed, altered and made anew.

(2) The Seal of the University shall be kept in the custody of the President.

(3) The Seal of the University shall not be affixed to any instrument except in the

presence of

(a) the President; and

(b) one other member of the Council,

who shall sign their names to the instrument in token of such presence of; and such

signature shall be sufficient evidence that such seal was duly and properly affixed

and that the seal is the lawful seal of the University.

(4) Notwithstanding subsection (3) -

(a) in the case of the scroll of a degree, diploma and other higher degree, the Seal

of the University shall be affixed to it in the presence of the President and one

other Principal Officer or Officer authorised by the President; and

(b) in the case of the scroll of a certificate and other academic distinction, the Seal

of the University shall be affixed to it in the presence of one other Principal

Officer or Officer authorised by the President.

Part II

The Officers Of The University

6. Chancellor

(1) The Chancellor shall preside when present at any convocation and shall have

such powers and perform such duties as may be conferred or imposed upon

him by this Constitution or the Laws of the University.

(2) The Chancellor shall be appointed by the Council for such period, not

exceeding three years, as may be specified by the Council.

(3) A retiring Chancellor may be eligible for reappointment.

(4) The Chancellor may, in writing addressed to the Council, resign his office.

(5) Pro-Chancellors may be appointed by the Council to assist the Chancellor in

the discharge of his duties, in whom the appointment shall be for a period not

exceeding 3 years, as may be specified by the Council. A retiring Pro-

Chancellor may be eligible for re-appointment if he remains so qualified.

7. President

(1) The President shall be appointed by the Council on the recommendation of the

appropriate Appointment and Promotion Committee pursuant to Article 14 (1),

subject to the provisions of the Private Higher Educational Institutions Act

1996 and the guidelines of the National Council on Higher Education

(2) The President shall be the chief executive of the University.

(3) It shall be the duty of the President to ensure that the provisions of this

Constitution and the Laws of the University are observed, and he shall have all

such powers as may be necessary for this purpose and, in particular, to ensure

that every Authority acts within its powers and terms of reference.

(4) The President shall, subject to the provisions of this Constitution, exercise

general supervision over the arrangements for instruction, administration,

research, teaching and learning, finance, day to day affairs, welfare and

discipline in the University, and may exercise such other powers as may be

conferred upon him by this Constitution and the Laws of the University.

(5) The terms of office and other conditions of service of the President shall be

determined by the Council on the recommendation of the appropriate

Appointment and Promotion Committee pursuant to Article 14 (1). However,

such terms and conditions of service shall be within the guidelines of the

National Council on Higher Education and subject to the provisions of the

Private Higher Educational Institutions Act 1996.

8. Vice President(s)

(1) The appointment of Vice President(s) and the term of office and other

conditions of service shall be determined by the Council on the

recommendation of the appropriate Appointment and Promotion Committee

pursuant to Article 14(2).

(2) If for any substantial period the President is unable by reason of illness, leave

of absence or any other cause, to exercise any of the duties, powers and

functions of his office, the Vice President or, if there is more than one Vice

President, such one of them as may be nominated by the Council shall exercise

such duties, powers and functions; and in the event of the absence or disability

of the Vice President or all the Vice Presidents, if there be more than one, the

Council shall make such temporary arrangements as it thinks fit for the

exercise of such duties, powers and functions.

9. Employment

The University shall employ Principal Officers, Officers, Academic Staff and Staff

pursuant to this Constitution.

Part III

The University Authorities

10. The Board of Trustees

(1) The Board shall be constituted pursuant to the Articles of Association of

UTAR Education Foundation and shall exercise the powers as provided

therein.

(2) Members of the Board shall be responsible for ensuring that UTAR Education

Foundation fulfils and adheres to all relevant statutory requirements and

compliance and may delegate their powers to any person or persons approved

by the Board or to solicit professional advice in the discharge of their duties.

11. The Council

(1) The Council shall be constituted as follows:-

(a) The Chairman and twelve (12) other members;

(b) The President, who shall be an ex-officio member of the Council;

(c) A member of the Senate elected by the Senate as its representative;

The Registrar shall be the Secretary of the Council.

(2) All the members of the Council in Article 11(1)(a) and (c) shall be appointed

by the Board.

(3) The members of the Council shall elect from among themselves a Chairman of

the Council.

(4) The Council shall be the governing 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 Laws of the University conferred on some other Authority,

body or officer of the University.

(5) No resolution shall be passed by the Council 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 Council its opinion thereon.

12. The Senate

(1) The Senate shall be the academic body of the University and, subject to the

provisions of this Constitution and the Laws of the University, shall have the

control over the determination, development, delivery and conduct of academic

programmes, research, examinations, the award of degrees, diplomas,

certificates and other academic distinctions.

(2) The Senate shall consist of:-

(a) the President, who shall be the Chairman;

(b) the Vice President(s);

(c) all Deans of Faculties/Directors of Institutes/Head of Centres;

(d) one member of each Faculty/Institute/Centre elected from among its most

senior ranking Academic Staff; and

(e) not more than 5 members appointed by the President to represent the

professional and academic groups.

For the purpose of membership in (d), a senior professor is of the most senior

in rank, followed by a professor, associate professor, assistant professor, senior

lecturer, lecturer, and assistant lecturer. Members appointed in accordance with

paragraphs (d) and (e) above shall, unless otherwise removed by the President,

hold office for a period of not exceeding 2 years. They are eligible for re-

election or re-appointment.

The Registrar shall be the Secretary of the Senate.

(3) The President may from time to time invite other persons to attend meetings of

the Senate, provided that such invitees shall not be entitled to vote at the

meetings.

(4) In the performance of its duties, functions and responsibilities, the Senate may

delegate any of its duties, functions and responsibilities to any of its members

or a committee consisting of its members or any other authority.

(5) (5) The provisions of the Schedule shall apply to members of the Senate.

13. The Faculties/Institutes/Centres

(1) The University shall be organised into such number and names of Faculties/

Institutes/Centres and such other units or bodies as may be prescribed by this

Constitution.

(2) Such Faculties/Institutes/Centres shall be responsible to the Senate for the

organisation of academic instruction and research in the discipline of study

within their respective purviews and may exercise such other functions as may

be conferred upon them by this Constitution or the Laws of the University.

(3) The President shall appoint a Dean or Head for each Faculty/Institute/Centre

which appointment shall, unless otherwise earlier determined by the President,

be for a period of not exceeding 2 years. The Dean or Head of a

Faculty/Institute/Centre shall be the head of the Faculty/Institute/Centre and

shall exercise such other functions as may be vested in him by this Constitution

and the Laws of the University; and if owing to illness, absence on leave or any

other reason the Dean or Head of Faculty/Institute/Centre is unable to perform

the duties of his office, the President shall appoint a suitable officer of the

University to perform such duties. A Dean or Head of a

Faculty/Institute/Centre shall be eligible for re-appointment.

(4) The President shall have the power to appoint Deputy Deans, Heads of

Departments or Units and such Heads shall be styled by such title as may be

prescribed by this Constitution and the Laws of the University; and if owing to

illness, absence on leave or any other reason the Deputy Dean or Head of

Department or Unit is unable to perform his duties, the President may, except

as otherwise provided by this Constitution, appoint a suitable officer to

perform such duties for such time as such disability shall continue.

14. The Appointment and Promotion Committee

(1) The Appointment and Promotion Committee for the appointment of the

President shall consist of:

(a) the Chairman of the Council, who shall be the Chairman;

(b) one (1) Council member; and

(c) one (1) Board member.

(2) The Appointment and Promotion Committee for the appointment of Vice

President(s) and officers of equivalent rank shall consist of:

(a) the Chairman of the Council, who shall be the Chairman;

(b) two (2) Council members; and

(c) the President.

(3) Whenever it is necessary to fill an appointment or to promote to a post through

selection by an Appointment and Promotion Committee, other than that

provided for in Article 14(1) and (2), the Council shall enact Statutes to enable

such appointment.

15. Terms of office of members of Authorities

(1) Except as may be prescribed by this Constitution and Articles of Association of

UTAR Education Foundation, the term of office of a person elected or

appointed to be a member of an Authority, other 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 member of an Authority who retires at the end of his term of office shall

be eligible for re-election or reappointment if he is otherwise qualified;

(c) where owing to disqualification, resignation, incapacity or death, a

vacancy occurs amongst the appointed or elected members of the

Authorities, such vacancy shall be filled in the same manner as the

original appointment was made and the person appointed or elected to fill

the vacancy shall hold office for the remainder of the period for which the

person, whose vacancy he fills, was appointed or elected.

(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.

16. Meetings

(1) An 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 numbers to preside over the

meeting.

(3) The quorum of a meeting of an Authority, other than the Board, shall be at

least half of the membership.

17. Majority

(1) Subject to the provisions of this Constitution, Rules and Regulations, a

question at any meeting of any Authority shall be decided by a simple 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

18. Statutes

Subject to the provisions of this Constitution, Statutes may be enacted for any or all

of the following matters :-

(a) the determination of degrees, diplomas, certificates and other academic

distinctions to be conferred by the University and the principles governing

such award or conferment;

(b) the establishment of Faculties/Institutes/Centres;

(c) all other matters which under this Constitution may be regulated by Statutes;

and

(d) matters incidental to or consequential upon any of the matters aforesaid.

19. Rules and Regulations

Subject to the provisions of the Constitution or Statutes, Rules and Regulations may

be made to deal with any or all of the following matters:-

(a) the conduct of teaching, instructions, classes, examinations and related

activities;

(b) the fees to be charged for courses of study and training, for residence, for

admission to examination, for degrees, diplomas and certificates and any other

fees which may be levied by the University;

(c) powers, duties and responsibilities of the Principal Officers, Officers,

Academic Staff and Staff of the University;

(d) where not provided expressly in the Constitution, the composition, procedures,

powers, duties and responsibilities of the Authority;

(e) where not provided expressly in the Constitution, the manner and conditions of

appointment of the Principal Officers, Officers, Academic Staff and Staff of

the University;

(f) retirement or provident schemes for employees of the University or any class

of employees thereof;

(g) the conditions of admission and residence, discipline and welfare of students;

(h) the establishment of committees to facilitate the operations and smooth running

of the University;

(i) all other matters which under this Constitution may be regulated by Rules and

Regulations; and

(j) matters incidental to or consequential upon any of the matters aforesaid.

20. Amendments to Laws of the University

20.1 Amendment of the Constitution

The Board shall be empowered to amend the Constitution subject always to the

approval of the Registrar General appointed pursuant to the Private Higher

Educational Institutions Act 1996.

20.2 Amendment of Statutes

(1) Subject to the provisions of this Constitution, the Council shall have the power

to enact, amend and revoke any Statutes.

(2) A proposal for new Statutes or of any amendments thereto, dealing with any of

the following matters:-

(a) the composition, powers, duties and procedures of the Senate, the

Faculties/Institutes/Centres or the unit or body referred to in Article 13

and any committees which may be set up from time to time;

(b) the determination of degrees, diplomas, certificates and other academic

distinctions to be conferred by the University;

(c) the methods of appointment and the conditions of service of officers,

academic staff;

(d) the fees to be charged for courses of study and training, for residence, for

admission to examination, for degrees and diplomas and any other fees

that may be levied by the University;

(e) the conditions of admission and residence, discipline and welfare of

students; and

(f) all matters within the jurisdiction of the Senate under this Constitution,

shall not be submitted to the Council until it has been referred to the President

for consideration and comment and the Council shall be guided in their

consideration by the principles set by National Council on Higher Education

and as provided for in the Private Higher Educational Institutions Act 1996

and other relevant legislations.

20.3 A mendment of Rules and Regulations

Subject to the provisions of this Constitution or of the relevant Statute, the

President may on the advice of the Senate make, amend or revoke any Rules and

Regulations.

21. Publications of Statutes, Rules and Regulations

(1) When any new rule or regulation is made, amended or revoked, every such

rule, regulation, amendment or revocation shall be published in such a manner

as the Council may direct.

(2) Nothing in this Article shall apply to any Statute, Rule or Regulation which the

Council resolves not to publish.

22. Inconsistencies between the Constitution, Statutes, Rules and Regulations etc.

(1) In the event where any Statute or Rule or Regulation is found to be inconsistent

with the Constitution, then the provisions of this Constitution shall prevail, and

the offending Statute or Rule or Regulation, shall to the extent of the

inconsistency be void.

(2) In the event any Rules or Regulations being inconsistent with the provisions of

this Constitution or any Statute, then the provisions of this Constitution or

Statute shall prevail, and the offending Rule or Regulation, shall to the extent

of the inconsistency be void.

Part V

Financial Provisions

23. Finance Committee

Subject to the concurrence of the Board, the Council shall appoint a Finance

Committee for regulating the finances of the University.

24. Preparation of Financial Plans and Budgets

It shall be the duty of the Director of Finance or such officer or officers of the

University as authorised by the Finance Committee, to prepare for the consideration

of the President the budgets of income and expenditure of the University and such

other financial statements as may be considered necessary for each financial year.

25. Annual Accounts

(1) For the purpose of this Part, a financial year shall commence from first January

and end on thirty first December of that same year.

(2) The final accounts and the annual financial statements of the University shall,

as soon as possible, be prepared for the preceding financial year in accordance

with the relevant provisions of the Companies Act 1965 and any relevant

applicable accounting standard.

(3) The annual financial statements referred to in Clause (2) above shall be

prepared in such form and shall contain such information as the Board may

from time to time direct.

26. Annual Budgets

(1) The President shall, upon the recommendations of the Finance Committee, not

less than two months before the end of the financial year, review detailed

budgets of income and expenditure of the University for the next financial year

and present such budgets, together with his comments thereon, to the Finance

Committee.

(2) Before the date fixed for the meeting of the Council for the purpose of

approving such budgets, the Finance Committee shall submit its

recommendation on the budget to the Council, and the copy of such budgets

shall be delivered to each member of the Council not less than seven days

before the date fixed for such meeting.

(3) The Council may, subject to the provisions of Clause (1), in its discretion

approve, modify or reject all or any of the items appearing in such draft

budgets or refer any item back to the Finance Committee for its consideration

or add any item thereto.

27. Supplementary Budgets

Where additional financial provision is required in any year, the Council may from

time to time approve supplementary budgets for the purposes of showing the sources

from which any additional expenditure incurred by it may be met.

28. No expenditure to be incurred unless included in the Budgets

(1) The University shall not incur any expenditure which has not been included in

the annual budget or supplementary budget approved by the Council;

Provided that subject to the provisions of this Constitution the President 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) The provisions of clause (1) shall not apply to:-

(a) moneys deposited with the University by any person, wherever by the

conditions of such deposit any such sum 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 Article

32.

29. Form of Budgets

The annual and supplementary budgets shall be prepared in such form and shall

contain such information as the Council may direct, and shall show in separate parts

the annually recurrent expenditure and the capital expenditure of the University.

30. Power of the Board to Accept Gifts

(1) The Board may on behalf of the University accept by way of grant, gift and

testamentary disposition 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.

31. Property Given for Specific Purposes to be Separately Accounted for

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.

32. Form of Contracts

Any contract involving the expenditure of the University shall be in writing and

shall only be signed in accordance with the Laws of the University.

33. Audit

(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 Board.

Part VI

General Provisions

34. Convocation

A convocation for the conferment of degrees shall be held annually, or as often as

the Council may direct. The convocation shall be presided by the Chancellor or in

the absence of the Chancellor, the Pro-Chancellor shall preside over the

convocation. In the absence of the Chancellor or the Pro-Chancellor, the Chairman

of Council shall preside over the convocation. In the absence of the Chairman of the

Council, the President shall preside over the convocation. In the event that neither of

the persons aforementioned are available, the Council shall be entitled to nominate

whomever it so wishes.

35. Appointment of employees of the University

(1) All appointments, where relevant, shall be guided by the requirements of

qualification set out in the Private Higher Educational Institutions Act 1996

and any subsidiary legislation made thereunder, and by the policies set by the

National Council of Higher Education.

(2) Every person employed by the University shall hold office on such terms and

conditions as may be prescribed by the University or by this Constitution.

(3) Nothing in this section shall prevent the University 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 University expedient to do so.

36. Admission of Students

A student shall not be admitted to the University to any course of study unless he

shall have satisfied such requirements as may be prescribed by the University.

37. Student Discipline

The President shall be responsible for the discipline and good conduct of students

and to ensure that the provisions in the Act are complied with.

38. Student Representative Committee

(1) The registered full-time students of the University, other than external students,

may elect a body to be known as the Student Representative Committee.

(2) The objectives and functions of the Student Representative Committee shall

be-

(a) to encourage and promote intellectual, spiritual, emotional and physical

development among the students of the University;

(b) to participate in the organisation and supervision of, subject to the

direction of the President, student welfare facilities in the University

including recreational facilities, social, spiritual and religious activities;

(c) to make representations to the President 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 any rule

made by the Council 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 Council

from time to time.

(3) The election, administration, implementation of the activities and other matters

concerning the Student Representative Committee shall be in accordance with

the Laws of the University and any written law for the time being in force.

39. Acts ultra vires the Constitution of the Student Representative Committee

If the Student Representative Committee or a student body conducts itself in a

manner which in the opinion of the President is detrimental or prejudicial to the

well-being or reputation of the University or acts in contravention of this

Constitution or any Statutes or Rules and Regulations or the body’s own

Constitution , the President may suspend or dissolve the Student Representative

Committee or the said student body, as the case may be, without assigning any

reasons therefor and without prejudice to any liability that may arise under any other

written law for the time being in force, every office bearer of the Student

Representative Committee or the said student body, as the case may be, shall be

liable to dismissal from the University or to any other disciplinary penalties that the

University may deem fit.

40. Powers of delegation

(1) Where, by the provisions of this Constitution or the Laws of the University,

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 Article 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 Article may be revoked at any time by the officer or

authority making such delegation.

(3) No delegation of any power or duty under this Article shall affect the exercise

of such power or the performance of such power or the performance of such

duty by the officer or Authority making such delegation.

(4) Nothing in this Article shall apply to any power to make or approve rules or

regulations.

41. Deprivation of Academic Awards, etc., on Grounds of Misconduct

(1) If any member of an Authority, or any person who has received an honorary

degree, diploma or other academic distinction from the University, is convicted

by a court of law of any heinous offense whether within or outside Malaysia,

or is in the opinion of the Council guilty of scandalous conduct, it shall be

lawful for the Chairman of the Council, on the recommendation of not less

than two-thirds of all the members of the Council,

(a) to remove him from membership of the Authority; or

(b) to deprive him of any honorary degree, diploma or other academic

distinction conferred upon him by the University.

(2) If any member of an Authority or any person who has received a degree,

diploma or other academic distinction from the University wilfully gives to any

officer or Authority of the University any information or document which is

false or misleading in any material particular in obtaining the degree, diploma,

or other academic distinction from the University, it shall be lawful for the

Chairman of the Council, on the recommendation of not less than two-thirds of

all the members of the Council,

(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.

42. Disputes as to Elections, Appointments etc., to be Determined by the Council

If any question arises whether any person has been duly elected, appointed,

nominated or invited 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

Council, whose decision thereon shall be final.

43. Alumni Association

(1) Subject to the approval of the Council, it shall be lawful for not less than thirty

graduates of the University to form and establish an association to be known as

the Alumni Association, the principal function of which is to foster close

relationship between the University and its alumni.

(2) The Alumni Association 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 Council.

(3) Nothing in this Article shall be construed as constituting the Alumni

Association of the University to be an Authority.

Schedule

(to be construed as an essential and integral part of this Constitution)

General Conditions for Membership of Authorities

1. The following persons shall be disqualified from being appointed or being a member

of any Authority of the University:

(a) a person who has been convicted of an offense involving fraud, dishonesty or

moral turpitude;

(b) a bankrupt; or

(c) a person of unsound mind or is otherwise incapable of discharging his duties.

2. A member of the Authority shall cease to be a member

(a) if he fails to attend three consecutive meetings of the Authority without leave

of the Chairman of Authority; or

(b) if his appointment is revoked by the Authority concerned.

3. A member of an Authority may resign as a member by giving one month’s notice in

writing to the Chairman of the Authority concerned.