AKADEMI SENI BUDAYA DAN WARISAN KEBANGSAAN ACT 2006

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

Interpretation

The Akademi shall be a body corporate with perpetual succession, and with full power and authority under such name—

Subject to the approval of the Minister, the Akademi may provide studies, courses and training in the fields of culture, arts and heritage which in particular may include fine art, cinematography or filming, choreography, drama, stage or cinematic acting, stage management, photography, designing, creative arts, dance, creative writing, screen play, script writing, archiving or subject pertaining to the archives, library science or subjects pertaining to library, museum subjects, television or electronic media productions, music and such other studies, course or training as the Board may decide from time to time.

Non-application of Act 30, Act 550 and Act 555

to provide courses of study, to make provision for research, to hold examinations and to take such other steps as may appear necessary or desirable for education and training in the fields enumerated under subsection 3(3) or as determined by the Board and approved by the Minister from time to time;

to confer internationally recognised academic and professional qualifications or awards, diplomas, certificates and other academic distinctions upon persons who have followed courses of study approved by the Akademi and have satisfied such other requirements as may be determined by the Board;

to confer awards on persons who have contributed to the advancement or dissemination of knowledge or who have rendered distinguished public service as may be recommended by the Board, in the fields of culture, arts and heritage;

to determine and prescribe the qualifications for the purpose of admission to the courses of study and examinations of the Akademi;

to set up posts for academic and training purposes, lectureships, and other posts and offices, and to make appointments thereto;

to award recognitions, medals, prizes and other forms of distinctions or assistance in respect of the education and training provided by or in the Akademi;

to enter into contracts and to appoint such staff either local or foreign, on terms agreed by both parties as may be required for the purposes of the Akademi;

to grant loans or advances to the staff of the Akademi in pursuit of academic excellence;

to grant loans or financial assistance to deserving students on such terms and conditions as may be approved by the

Board;

to conduct research and production for the effective promotion and utilization of the research findings of the

Akademi;

to market and franchise the services, research findings, and products, of the Akademi;

to demand and receive such fees as may from time to time be determined by the Board, or as may be prescribed;

to do all such acts and things, whether or not incidental to the powers aforesaid, as may be requisite in order to supplement, complement, improve or fulfil the objectives of the Akademi.

Faculties, Departments or Centres

A faculty, department or centre shall be headed by a person to be appointed by the Rector.

The head of a faculty, department or centre shall be responsible to the Rector and shall perform such duties as may be assigned to him by the Rector.

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Conduct of study, jointly, etc., with any University, etc.

conduct any course of study jointly or in association, affiliation, collaboration or by way of franchise or otherwise, with any University, University College, higher educational institution, or professional body, or any organization, within or outside Malaysia; and

conduct any such course of study either wholly or partly within or outside Malaysia.

The approval of the Minister under subsection (1) may be made subject to such terms and conditions as the Minister may deem fit to specify.

The Minister shall not give approval under subsection (1)

unless he is satisfied that the Akademi has made all necessary arrangements with the University, University College, higher educational institution, or professional body, or organization concerned for the conduct of the course of study.

In this section, “affiliation” includes the conduct of twinning programmes.

The Board shall consist of the following members:

The appointment of the members of the Board, except the

Rector, shall be made by the Minister for a period not exceeding three years and upon expiry of such period the members of the

Board shall be eligible for reappointment.

The appointment of any member may at any time be revoked by the Minister without giving reasons for such revocation.

The Minister may appoint any member of the Board to exercise the functions of the Chairman—

A member appointed as the Chairman under subsection (5)

shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

The Registrar shall be the Secretary of the Board.

Five members of the Board shall form a quorum at any meeting of the Board.

Subject to this Act, the Board may determine its own procedure.

The provisions of the First Schedule shall apply to the

Board.

Powers and functions of the Board

The functions of the Board shall include the carrying on of all such activities and the doing of all such things as are necessary or advantageous and proper for the government, control and administration of the Akademi.

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Delegation of powers and functions of the Board

A committee established under subsection (1) shall deliberate upon matters referred to it by the Board and make appropriate recommendations thereon to the Board.

The chairman of a committee established under subsection

shall be appointed by the Board or, where the Board so directs, by the members of the committee from amongst themselves.

Subject to this Act, and to any direction given by the Board, a committee established under subsection (1) may determine its own procedure.

A committee established under subsection (1) shall conform to any direction or instruction given to it from time to time by the

Board and the Board may, at any time, discontinue, or alter the constitution of, the committee so appointed.

The provisions of the First Schedule, except paragraph 7, shall apply to a committee established under subsection (1) as they apply to the Board.

In the application of the First Schedule to a committee—

The Board of Studies shall consist of—

The Registrar shall be the Secretary of the Board of Studies.

The appointments under paragraph 2(d) shall be for a period specified in the appointment letter.

The Rector may co-opt any other persons to be members of the Board of Studies or to attend the meetings of the Board of

Studies, but a person co-opted shall not have the right to vote.

In the absence of the Rector, a Deputy Rector shall preside at any meeting of the Board of Studies.

The Board of Studies shall make recommendations to the

Board on all matters relating to—

No resolution shall be passed by the Board relating to any matter referred to in subsection (7) unless the Board of Studies has first been given the opportunity of recording and transmitting to the Board its opinion thereon.

For the purpose of enabling it to perform its functions and discharge its duties, the Board of Studies may appoint such committees or subcommittees consisting of its members as well as any persons co-opted as members under subsection (5), provided that any person co-opted shall not have the right to vote.

The Board of Studies may delegate any of its functions or duties to its committees or subcommittees.

Subject to this Act, the Board of Studies may determine its own procedure.

The provisions of the First Schedule, except paragraph 7, shall apply to the Board of Studies established under this section as they apply to the Board.

In the application of the First Schedule to the Board of

Studies—

The Minister may, at any time, revoke the appointment of the Rector without assigning any reason therefor.

Subject to subsection (2), the terms of office and other conditions of service of the Rector shall be determined by the

Minister and shall be binding on the Akademi.

The Rector shall be the chief executive, administrative and academic officer of the Akademi.

It shall be the duty of the Rector to ensure that the provisions of this Act and the subsidiary legislation made under this Act are observed, and he shall have all such powers as may be necessary for this purpose.

The Rector shall, subject to the provisions of this Act and the subsidiary legislation made under this Act, exercise general supervision over the arrangements for education, instruction, training, finance, administration, welfare and discipline in the Akademi, and may exercise such other powers as may be conferred upon him by this Act and any subsidiary legislation made thereunder.

There shall be one or more Deputy Rectors who shall be appointed by the Minister, after consultation with the Rector.

Any fit and proper person either from within or outside the

Akademi may be appointed as a Deputy Rector, and the terms of office and other conditions of service of a Deputy Rector shall be determined by the Minister after consultation with the Rector.

If the Rector is unable by reason of illness, leave of absence or any other cause to exercise any of the functions of his office, the Deputy Rector or, if there is more than one Deputy Rector, any 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 Rector or all the Deputy Rectors (if there be more than one), the Minister shall make such temporary arrangements as he may think fit for the exercise of such functions.

The Deputy Rector nominated under subsection (9) shall act during any period that the post of Rector is vacant.

Registrar

The Registrar shall be the principal registry officer of the

Akademi with such functions and duties as may be determined by the Board.

The Registrar shall perform his functions and discharge his duties under the direction and control of the Rector.

Bursar

The Bursar shall be the principal financial officer of the

Akademi with such functions and duties as shall be assigned to him by the Board.

The Bursar shall perform his functions and discharge his duties under the direction and control of the Rector.

Appointment of other staff

A member of the staff appointed under subsection (1) shall be under the general direction and control of the Rector.

The Rector shall have the power to take disciplinary action and impose any disciplinary punishment provided under the rules made under section 42.

The Rector may delegate any of his disciplinary powers, duties or functions to the Deputy Rector or any member of the staff, in respect of any particular student, or any class or category of students of the Akademi.

The Deputy Rector or the member of the staff to whom disciplinary powers, duties or functions under subsection (3) have been delegated shall exercise, discharge or perform them under the direction and control of the Rector who shall have the power to review, rescind or vary any decision or finding of the Deputy

Rector or such member of the staff.

Any student dissatisfied with the decision of—

Where the Minister does not reject the appeal under subsection

, he shall appoint a committee of two or more persons, from within or outside the Akademi, to consider the appeal and make its recommendations to him, and, upon receiving such recommendations, the Minister may give such decision on the appeal as he considers fit and proper.

Students’ Representative Committee

The provisions of the Second Schedule shall apply to the

SRC.

Establishment of other student bodies

with the prior written approval of the Rector given after obtaining the concurrence of the Minister; and

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subject to such terms and conditions as the Rector may specify, to establish a student body consisting of students for the promotion of a specific object or interest within the Akademi.

The provisions of the Second Schedule, except paragraphs 1 and 7, shall apply with such modifications as may be necessary to a student body under this section as they apply to the SRC.

Dissolution of the SRC or other student body

suspend or dissolve the SRC, or any student body established under section 19; and

give such consequential directions or instructions or take such consequential steps as may be necessary or expedient to give effect to the suspension or dissolution.

The suspension or dissolution of the SRC, or a student body established under section 19—

whether or not it is established under any law;

whether it is within or outside the Akademi; and

whether it is within or outside Malaysia, except as may be provided by or under this Act, or except as may be approved in advance in writing by the Minister.

No organization, body or group of students established by, under or in accordance with this Act, shall have any affiliation, association or other dealing with, any society, political party, trade union or any other organization, body or group of persons—

No person, while he is a student and no organization, body or group of students which is established by, under or in accordance with this Act, shall express or do anything which may be construed as expressing—

Any person who contravenes subsection (1), (2) or (3) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

Prohibition on collection of money by student or by organization, body or group of students

collect or attempt to collect;

promote or attempt to promote any collection of; or

make or attempt to make any appeal orally or in writing or otherwise for, any money or other property from any person, not being money or property due or about to fall due under or by virtue of any written law, contract or other legal obligation.

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Any person who contravenes subsection (l) commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

The Minister may, in any particular case, in his absolute discretion, grant exemption to any person from the application of subsection (1), subject to such terms and conditions and for such period as he may, in his absolute discretion, deem fit.

Without prejudice to the provisions of this Act or any other written law relating to the delegation of powers, the Minister may, by notification in the Gazette, delegate the exercise of his powers under subsection (3) to the Rector in respect of the collection of money within the campus from persons within the campus, subject to such conditions and restrictions as may be specified in such notification.

The provisions of this section shall be in addition to and not in derogation of the provisions of any written law relating to house to house and street collections, public collections, or collection of money or sale of badges.

Criminal liability of office-bearers, etc., of a students’

organization, body or group

whether or not any person has been convicted in respect thereof; and

such offence has been committed or purports to have been committed in the name or on behalf of any organization, body or group of students which is established by, under or in accordance with this Act, every office-bearer of such organization, body or group of students and every person managing or assisting in the management of such organization, body or group of students at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to the punishment prescribed by law, unless he establishes to the satisfaction of the court that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of the offence.

Any office-bearer of, or any person managing or assisting in the management of, any organization, body or group referred to in subsection (1) shall be liable to be prosecuted under this section, notwithstanding that he may not have taken part in the commission of the offence.

In any prosecution under this section of an office-bearer of, or any person managing or assisting in the management of, any organization, body or group referred to in subsection (1), any document found in the possession of any office-bearer of, or person managing or assisting in the management of, such organization, body or group, or in the possession of a member of such organization, body or group shall be prima facie evidence of the contents thereof for the purpose of proving that anything has been done or purports to have been done by or on behalf of such organization, body or group.

Presumptions

it shall not be necessary for the prosecution to prove that an organization, a body or group of persons possesses a name or that it has been constituted or is usually known under a particular name;

where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, or purporting to relate to, any organization, body or group of persons are found in the possession, custody or under the control of any person, it shall be presumed, until the contrary is proved, that such person is a member of such organization, body or group and such organization, body or group shall be presumed, until the contrary is proved, to be in existence at the time such books, accounts, writings, lists of members, seals, banners or insignia are so found; and

where any books, accounts, writings, lists of members, seals, banners or insignia of, or relating to, any organization, body or group of persons are found in the possession, custody or under the control of any person, it shall be presumed, until the contrary is proved, that such person assists in the management of such organization, body or group.

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Suspension and expulsion of student charged with a criminal offence or against whom a criminal offence is proved

he may, immediately thereupon, be suspended from being a student; and

he shall not, if so suspended under paragraph (a), pending the criminal proceedings, remain in or enter the campus of the Akademi.

Where a court finds that a charge for a criminal offence is proved against a student—

A student who is detained or who is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security—

A student who ceases to be a student under subsection (2)

or (3) shall not, after the expulsion, be admitted as a student of the Akademi without the prior written approval of the Minister, and if the Minister grants such approval, the Minister may impose such terms and conditions as he may, in his absolute discretion, deem fit to impose.

Any person—

Subsections (1), (2), (3), (4) and (5) shall apply to a person notwithstanding that there may be pending in any court or before any other authority any application, petition, appeal or other proceedings by him or by any other person in respect of the criminal proceedings, the detention or the order imposing restrictions, as the case may be:

Provided that upon the determination of such application, petition, appeal or other proceedings the Minister may, in his absolute discretion, have regard to such determination and grant exemption to the student from the application of subsection (1), (2), (3), (4)

or (5), as the case may be, upon such terms and conditions as he may, in his absolute discretion, deem fit to impose.

The Minister may, at any time, in any particular case, in his absolute discretion, grant exemption to any person from the application of subsection (1), (2), (3), (4) or (5), as the case may be, either—

upon representations made by the Akademi; and

after hearing the student, if it is satisfied that it is desirable to do so in the interest of the

Akademi, order in writing that any student—

be suspended from being a student for such period as the

Board may specify in the order; or

A student in respect of whom the Board has given an order in writing under subsection (1) may, within thirty days from the date of such order, appeal to the Minister for the revocation or variation of the order.

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The Minister may give such decision with regard to any appeal made under subsection (2) as it may deem fit and proper, and such decision shall be final.

An order to suspend a student under subsection (1) may, from time to time, be extended for such period as the Board may specify in respect of each extension.

A student—

A student who is expelled from the Akademi under subsection

shall not, after the expulsion, be admitted as a student of the

Akademi without the prior written approval of the Board, and if the Board grants such approval, the Board may impose such conditions as it may, in its absolute discretion, deem fit to impose.

A student—

The Fund shall consist of—

All the moneys paid to the Akademi shall be applied or expended by the Akademi for all or any of the purposes of the

Akademi in accordance with the estimates approved by the Minister.

Conservation of Fund

The Akademi may deposit, either in fixed deposit or in current account, any moneys for the time being uninvested with any bank in Malaysia holding a valid licence under the provisions of the Banking and Financial Institutions Act 1989 [Act 372] or the Islamic Banking Act 1983 [Act 276] and approved in advance in writing for the purpose by the Minister.

Annual estimates