The Constitution.

Establishment of the Majlis

There is hereby established, by a Resolution of the Committee of Vice-Chancellors/Rector dated March 11, 2005, a Majlis with the name and style of Majlis Penasihat Undang-Undang Institusi Pengajian Tinggi Awam.

The Majlis Penasihat Undang-Undang Institusi Pengajian Tinggi Awam shall also known by the acronym MPUU.


Definitions

In this Constitution, unless the context otherwise requires –

“Committee of the Vice-Chancellors/Rector” means the Committee of persons, by whatever name such persons are called, who are charged with the day to day administration and management of the affairs of a public university.

“Executive Committee of the Majlis” means the Committee elected in accordance with the section 8 of this Constitution.

“Majlis Penasihat Undang-Undang” means the Council of Legal Advisors of all public universities as constituted under sub-sections (a) and (b) of section 5 of this Constitution.

“Public universities” or “public sector universities” mean:

(a) the Universities established under the Universities
and Universities Colleges Act 1971 (Act 30);

(b) any Universities or Universities established by Order of the Yang
Di-Pertuan Agong under sub-section (2) of section 5A of the
Universities and Universities College act 1971 (Act 30);

(c) The Universities established under the Universities Teknologi
MARA Act 1976 (Act 173).


Power of the Committee of Vice-Chancellor/Rector to give directions.

The Majlis Penasihat Undang-Undang shall be responsible to the
Committee of Vice-Chancellors/Rector.

The Committee of Vice-Chancellors/Rector may, from time to
time, give all such directions, whether of a general or a specific
character, as the Committee may deem necessary or expedient,
being directions not inconsistent with the provisions of any law.

It shall be the duty of the Majlis Penasihat Undang-Undang to give effect to and carry out all such direction.


Functions of the Majlis Penasihat Undang-Undang.

The Majlis shall exercise, perform and discharge, in accordance with the directions of the Committee of Vice-Chancellors/Rector, all powers, functions and duties conferred, provided or imposed upon the Majlis by the Committee

In addition to the duties imposed upon and the powers vested in the Majlis by the Committee, the Majlis may undertake such other functions, exercise such other power and administer and expend such moneys as the Committee of Vice-Chancellors/Rector or the Universities individually may assign or give for the following purposes –

(a) To organize seminars, conferences and meetings to discuss legal
issues of common concern to all public sector universities;

(b) To conduct short term courses to train the universities’ legal
officers in specialized areas;

(c) To exchange legal information and experiences and provide legal
consultancy to any public sector university in need of such
support;

(d) To undertake the writing, printing and publication of books,
manuals and guidelines on the universities’ legal transactions
including educational and commercial contracts, Memoranda of
Agreements, Memoranda of Understanding, research and
consultancy contracts, franchise arrangements, and scholarships,
training and sabbatical agreements;

(e) To undertake the compilation and consolidation of statutes and
laws applicable to higher educations;

(f) To make recommendations to the Committee of Vice-Chancellors/
Rector on reform and change of the laws relating to public
universities;

(g) To make recommendations to the Committee of Vice-Chancellors/
Rector on the principles and methods for enhancing
accountability, answerability, responsibility and transparency in
the universities legal transactions;

(h) To exchange information and build working relationships with
institutions of higher learning in the private sector.


Composition of the Majlis.

The Majlis shall consist of –

(a) All Legal Advisors or Chief Legal Officer (by whatever name called)
of public universities who shall be members of the Majlis for the
entire period of their appointment as Legal Advisors at their
Universities;

(b) One other legally qualified person from the Legal Office of every
public university who has been nominated to the Majlis by his
University’s Vice-Chancellor/Rector for a period of two years;

(c) The immediate past Chairperson and Secretary as Honorary
Members of the Majlis who shall have the right to attend but shall
not have the right to vote at the meeting or deliberation of the
Majlis;

(d) Legal Advisor to the Ministry of Higher Education who shall be an
ex officio member of the Majlis.


Vacancies in the Majlis

Where any member of the Majlis ceases to be a member of the Majlis for any reason whatsoever, another person may be appointed by the authority that appointed that member to fill the vacancy for the remainder of the term for which the member was appointed.


Meetings of the Majlis

(1) One-third of the voting members of the Majlis shall constitute a quorum at any meeting of the Majlis.

(2) Subject to the rule of quorum, the procedure for all deliberations of the Majlis, including the procedure for the election of the Executive Committee of the Majlis, shall be determined by the Majlis.

(3) The Majlis shall meet at least twice a year.


Executive Committee of the Majlis.

(1) The Executive Committee of the Majlis shall consist of the following elected members –

(a) One Chairperson;
(b) One Secretary;
(c) One Treasurer;
(d) Three members of the Majlis, elected by the Majlis, to represent
public sector universities in Malaysia.

(2) All members of the Executive Committee shall be elected for a period of two years by an absolute majority of the total members of the Majlis.

(3) Upon expiry of the two-year period, members of the Executive Committee shall be eligible for re-election.

(4) A member of the Executive Committee may resign at any time by giving one month’s written notice to the Chairperson.

(5) Where any person ceases to be a member of the Executive Committee of the Majlis for any reason whatsoever, another person from the Majlis may be elected by the Majlis to fill the vacancy for the remainder of the term for which the member was elected.


Meetings of the Executives Committee.

(1) Four members of the Executives Committee shall form a quorum at any meeting of the Executive Committee.

(2) The Chairperson shall preside at a meeting of the Executive Committee and his absence the members of the Executive Committee shall elect one of their numbers to preside over the meeting.

(3) The Chairperson and every other member of Executive Committee shall have one vote each, but in the event of an equality of votes, the Chairperson or the member presiding shall have and may exercise a casting vote in addition to his originall vote.

(4) The Executive Committee may invite any person to attend a meeting or deliberation of the Executives Committee for the purpose of advising it on any matter under discussion but any person so attending shall not have the right to vote at the said meeting or deliberation.

(5) Subject to the rule of quorum, the Executive Committee may determine its own procedure.

(6) The Executive Committee shall at least three times a year at a time and place to be determined by the Chairperson of the Executive Committee.

(7) Notwithstanding sub-section (6) any four members of the Executives Committee may, by giving two weeks written notice to the Chairperson, requisition a meeting of the Executive Committee at a time and place to be determined by the Chairperson or, in case of his failure to make such determination, by the four members requisitioning the meeting.


Sub-Committee of the Executive Committee.

(1) For the purpose of enabling it to discharge its duties and exercise its functions the Executives Committee may appoint such Sub-Committee from amongst it members as it thinks necessary or desirable.

(2) A Sub-Committee established under subsection (1) may co-opt such person as can contribute to its deliberations, but a person co-opted shall not have the right to vote.

(3) The Chairperson of a Sub-Committee established under subsection (1) shall be appointed by the Executive Committee or, where the Executive Committee so directs, by the members of the Sub-Committee from amongst themselves.


Accounts.

(1) The Majlis shall keep proper accounts and other records in respect of its operation and shall prepare audited statements of accounts in respect of each financial year which shall be from July to June of the next year.

(2) The Majlis shall appoint its own auditor.

(3) The audited accounts of the Majlis shall be submitted annually to the Committee of the Vice-Chancellors/Rector.


Amendments.

Any amendment to this Constitution may be enacted by an absolute majority of the total members of the Majlis.

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