PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 555 PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996 As at 1 April 2019 2 PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996 ... … 13 September 1996 Date of publication in the Gazette … … 26 September 1996 Latest amendment made by Act A1583 which came into operation on … … … 15 March 2019 Date of Royal Assent ... ... … PREVIOUS REPRINTS First Reprint … … … … … 2002 Second Reprint … … … … … 2006 3 LAWS OF MALAYSIA Act 555 PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title and commencement 2. Interpretation PART II ADMINISTRATION 3. Appointment of Registrar General, Deputy Registrar General, etc., and their duties 4. Power of Minister to issue general directions 5. Power of Minister to issue special directions PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 6. Application for approval 4 Laws of Malaysia ACT 555 Section 7. Other interests to be disclosed by applicant 8. Registrar General to make recommendations to Minister 9. Registrar General may refuse to proceed with application 10. Grant or refusal of application by Minister 11. Approval shall not be granted unless Minister is satisfied 12. Applicant to ensure compliance of requirements when granted an approval 13. (Deleted) 14. Reference to company 15. Approval for change or alteration in respect of company 16. Notification of change in address 17. Information to be supplied to Registrar General upon request 18. Establishment of branch of, or affiliation, etc., with other, private higher educational institutions 19. Prior approval of Minister on arrangement or agreement 20. Minister may vary conditions PART IV ESTABLISHMENT OF A PRIVATE HIGHER EDUCATIONAL INSTITUTION WITH THE STATUS OF A UNIVERSITY, UNIVERSITY COLLEGE AND BRANCH CAMPUS 21. Establishment of University, University College and branch campus 22. (Deleted) 23. This Act shall apply to a University, University College or branch campus PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 24. All private higher educational institutions to be registered 24A. Renewal of registration Private Higher Educational Institutions 5 Section 25. Register of private higher educational institutions 26. Certificate of registration, etc. to be exhibited 27. Refusal of registration 28. Change of premise 29. Power of Registrar General to add, vary, cancel or alter conditions PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 30. Constitution 31. Appointment and registration of chief executive 32. Regulations on registration of chief executive 33. Duty of chief executive 33A. Duty to maintain register 34. Application under Act to be made by chief executive 35. Notice, requirement for information and other communication to be addressed to chief executive 36. Person not eligible to take part in the management of private higher educational institution 37. Power of Registrar General to deal with chief executive PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 38. Prior approval of Registrar General on course of study and affiliation, etc. 39. Refusal to grant approval 40. Grant of approval subject to conditions 40A. Renewal of approval to conduct course of study or training programme 41. Medium of instruction 42. Power of Minister to direct that national language be used 6 Laws of Malaysia ACT 555 Section 43. Compulsory subjects 44. Award of degree 45. (Deleted) PART VIII DISCIPLINE AND CONDUCT OF STUDENTS 46. Disciplinary authority in respect of students 47. Activities of students or students’ society, organization, body or group 48. Liability of students or students’ organization, body or group 48A. Suspension of student charged with registrable offence and matters relating to detention, etc. 49. Power of Registrar General to issue directions to suspend or dissolve a students’ association, etc. 50. (Deleted) PART IX PERMITS TO TEACH 51. Issuance of permit to teach 52. Power of Registrar General to refuse and revoke permit to teach 53. Right to make representations to be given and additional grounds for revocation PART X REVOCATION OF APPROVAL AND CANCELLATION OF REGISTRATION 54. Grounds for revocation of approval 55. Grounds for cancellation of registration 56. Notice to revoke approval and to cancel registration 57. Decision to be based on documents and oral hearing not allowed Private Higher Educational Institutions 7 PART XI CLOSING DOWN OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS Section 58. Power of Minister to give directions to safeguard interest of students 59. Cessation of operation 60. Notice of intention to close down 61. Arrangements for the continuation of education of students 62. Surrender of certificates PART XII INSPECTION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS 63. Inspection to be made from time to time 64. Power of Registrar General when inspecting private higher educational Institutions 64A. Audit PART XIII ENFORCEMENT AND INVESTIGATION 65. Interpretation of investigating officer 66. Power of investigating officer 67. Power to search and seize 68. Search and seize without warrant 69. Power to seal 70. Power to call for examination 71. No entitlement as to costs on proceedings, damages or other relief, etc. 8 Laws of Malaysia ACT 555 PART XIV OFFENCES AND PENALTIES Section 72. Prohibition on advertisement, etc. 73. Control of advertisement 74. Interpretation of advertisement 75. Offence and penalty relating to false or misleading statement 75A. Obligation to comply 76. Establishment of private higher educational institutions, etc., prohibited unless in accordance with Act 77. Offence and penalty relating to award of certificate, diploma and degree 78. Penalty for contravening conditions 79. Offence and penalty relating to applications made under Act 80. Offence and penalty relating to unlawful activity 81. Offences and penalties relating to certificates of registration and the act of teaching in private higher educational institutions 82. General penalty 83. Penalty in the case of a continuing offence 84. Offences by bodies corporate 85. Liability of director of company, etc., for offences committed by private higher educational institution 86. Power to compound 87. Institution and conduct of prosecution PART XV REGULATIONS 88. Power of Minister to make regulations Private Higher Educational Institutions 9 PART XVI GENERAL Section 89. Distinction of race and creed prohibited 90. Protection against suit and legal proceedings 91. Officers deemed to be public servants 92. Minister’s power to exempt 93. Requirement as to premises 94. Service 95. Non-application PART XVII SAVING AND TRANSITIONAL PROVISIONS 96. Saving and transitional provisions relating to existing private higher educational institutions 97. Conversion of provisional certificates of registration 98. Power of Minister to make additional transitional provisions 99. Transitional provision relating to teachers 11 LAWS OF MALAYSIA Act 555 PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996 An Act to provide for the establishment, registration, management and supervision of, and the control of the quality of education provided by, private higher educational institutions and for matters connected therewith. [Sections 2, 21 & 22—1 October 1996, P.U. (B) 427/1996; The remainder—31 December 1997, P.U. (B) 542/1997] WHEREAS higher education plays an important role in realizing the vision towards academic excellence and professional and technical enhancement whilst meeting the manpower needs of the nation: AND WHEREAS recognizing the role of private higher educational institutions in providing sufficient educational infrastructure as well as increasing the capacity to meet the demand for higher education: AND WHEREAS it is imperative to facilitate and regulate private higher educational institutions so as to ensure its healthy development and the provision of quality education: NOW, THEREFORE, 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: 12 Laws of Malaysia ACT 555 PART I PRELIMINARY Short title and commencement 1. This Act may be cited as the Private Higher Educational Institutions Act 1996 and shall come into force on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for different provisions of this Act. Interpretation 2. In this Act, unless the context otherwise requires— “affiliation” includes the conduct of twinning programmes; “applicant” for the purpose of an approval for the establishment of a private higher educational institution, means a company locally incorporated or otherwise; “approval” means approval in writing; “Assistant Registrar” means an Assistant Registrar of Private Higher Educational Institutions appointed under subsection 3(2); “audit” means an evaluation of a private higher educational institution which is carried out in accordance with section 64A; “board of directors” means a board of directors of a company establishing a private higher educational institution; “book” includes a record of information and an account or accounting record, however compiled, recorded or stored; Private Higher Educational Institutions 13 “branch” means a branch of a private higher educational institution established under this Act; “branch campus” means a branch of a private higher educational institution with the status of a University or a University College, that is established under this Act; “Campus”, in relation to a private higher educational institution, means the registered premises of the private higher educational institution; “certificate” means the academic distinction awarded on a person after successful completion by the person of a course of study which is designed to lead to the award of such certificate or the equivalent thereof; “chief executive” means a chief executive of a private higher educational institution; “College” means a private higher educational institution without the status of a University or University College or a foreign branch campus; “company” means a company incorporated under the Companies Act 2016 [Act 777] establishing a private higher educational institution under this Act; “constituent documents” means the statute, charter, memorandum and articles of association, rules and by-laws, partnership agreement or other instruments under or by which an applicant for the establishment of a private higher educational institution, is established and wherein its governing and administrative structure, the scope of its functions, business, powers and duties are set out, whether in one or more documents;  NOTE— This Act has replaced the Companies Act 1965 [Act 125] —see subsection 620(1) of Act 777. 14 Laws of Malaysia ACT 555 “constitution” in any context relating to a private higher educational institution means the constitution of the private higher educational institution; “correspondence” means correspondence delivered by hand or by post; “course of study” means either a single course or a set of related courses leading to the award of a certificate, diploma or degree upon the successful completion thereof; “degree” means the degree awarded on a person at a Bachelor level or a Masters level or a Doctorate level after successful completion of a course of study which is designed to lead to the award of such degree or the equivalent thereof; “Deputy Registrar” means the Deputy Registrar of Private Higher Educational Institutions appointed under subsection 3(2); “Deputy Registrar General” means the Deputy Registrar General of Private Higher Educational Institutions appointed under subsection 3(2); “diploma” means the diploma awarded on a person a