1 PART I PRELIMINARY-1. Short title and commencement.

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.

2 PART I PRELIMINARY-2. Interpretation.

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;

[Subs. by Act A1352/2009: s.2]

  "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;

[Ins. by Act A1352/2009: s.2]

3 PART II ADMINISTRATION-3. Appointment of Registrar General, Deputy Registrar General, etc , and their duties.

(1) There shall be a Registrar General of Private Higher Educational Institutions who shall be appointed by the Minister.

[Am. by Act A1352/2009: s.3]

(2) The Minister shall also appoint a Deputy Registrar General and such number of Registrars, Deputy Registrars and Assistant Registrars of Private Higher Educational Institutions, as may be considered necessary for the purpose of this Act.

(3) The Registrar General shall have the powers and exercise the functions conferred on him by this Act, and in his absence such powers and functions may be had or exercised by the Deputy Registrar General.

(4) The Deputy Registrar General, Registrars, Deputy Registrars and Assistant Registrars shall be under the direction and control of the Registrar General.

(5) The Deputy Registrar General, Registrars, Deputy Registrars and Assistant Registrars may exercise all the powers and functions conferred on the

4 PART II ADMINISTRATION-4. Power of Minister to issue general directions.

(1) The Minister may, from time to time, give an officer appointed under this Part directions of a general character, not inconsistent with the provisions of this Act, as to the exercise of the powers and discretion conferred on and the duties required to be discharged by, the officer under this Act.

(2) The directions given under subsection (1) may be in relation to a matter which appears to the Minister to affect the national policies, strategies and guidelines on higher education formulated and determined by the National Council on Higher Education established under the National Council on Higher Education Act 1996 [Act 546] .

(3) An officer to whom directions have been given under this section shall give effect to every such direction.

5 PART II ADMINISTRATION-5. Power of Minister to issue special directions.

The Minister may, from time to time, give a board of directors, a chief executive or an employee of a private higher educational institution directions, not inconsistent with the provisions of this Act, in relation to matters in respect of which regulations may be made under this Act, and such board of directors, chief executive or employee shall give effect to every such direction.

6 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-6. Application for approval.

(1) The prior approval of the Minister shall be obtained before a private higher educational institution may be established or maintained.

(2) An application for an approval under this section shall be made to the Registrar General-

(a) on the prescribed form and in the prescribed manner;

(b) accompanied by the prescribed fee;

(c) by submitting together with the application-

(i) a comprehensive plan for the establishment and maintenance of the proposed private higher educational institution which shall include the proposed courses of study;

[Am. by Act A1352/2009: s.4]

(ii) a copy of the draft of the constitution of the proposed private higher educational institution; and

(iii) the following documents:

(aa) a copy of its constituent document, duly verified by a statutory declaration ma

7 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-7. Other interests to be disclosed by applicant.

Without prejudice to section 6, an applicant shall disclose or furnish in its application information in respect of-

(a) any other approval that has been granted or it under this Act;

(b) any financial interest whatsoever which it has in the business of any other person or company which provides or manages a higher educational institution whether within or outside Malaysia;

(c) any interest or right which any other person has in its business and in the case of an applicant being a company, any right which any other person has to nominate any director of the company;

(d) its other business concerns; and

(e) any financial interest whatsoever or right which any other person or company has in its other business concerns.

[Am. by Act A1352/2009: s.5]

8 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-8. Registrar General to make recommendations to Minister.

The Registrar General shall, on an application having been duly made in accordance with sections 6 and 7, and after being provided with all such information, particulars and documents as he may require under those sections-

(a) take the necessary action to vet the application;

(b) approve the constitution; and

(c) make recommendations to the Minister on whether the approval should be granted or refused and the conditions, if any, to be imposed by the Minister.

9 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-9. Registrar General may refuse to proceed with application.

The Registrar General may refuse to proceed with an application, and may require that the application be appropriately amended or completed and resubmitted or that a fresh application be submitted in its place if-

(a) the application form as prescribed is not duly completed by reason of any omission or misdescription;

(b) the application form contains any error or alteration; or

(c) the application does not comply with any other prescribed requirement.

10 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-10. Grant or refusal of application by Minister.

(1) Upon receiving and having considered the recommendation of the Registrar General under section 8, the Minister-

(a) may grant the approval for the establishment of a private higher educational institution, with or without conditions; or

(b) may refuse the application without assigning any reason for such refusal.

(2) Where the Minister refuses an application the Registrar General shall notify the applicant in writing of the refusal.

(3) The Minister may, in granting an approval under subsection (1), require the applicant to pay the prescribed fee.

(4) The decision of the Minister under this section shall be final

11 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-11. Approval shall not be granted unless Minister is satisfied.

An application for the establishment of a private higher educational institution shall not be approved by the Minister unless he is satisfied that-

(a) the applicant is capable of providing adequate educational facilities for the establishment of the private higher educational institution;

(b) the applicant is capable of providing adequate and efficient management and administration for the proper conduct of the private higher educational institution;

(c) adequate measures have been taken to determine and maintain the standards of education provided by the private higher educational institution;

(d) there is established a proper system of governance of the private higher educational institution with a constitution that shall be approved by the Registrar General and;

[(d) Am. by Act A 1352/2009: s.6]

(e) [Deleted by Act A 1352/2009

12 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-12. Applicant to ensure compliance of requirements when granted an approval.

(1) Upon being granted an approval, the successful applicant, whether it be a locally incorporated company or otherwise, shall ensure that-

(a) its issued and paid up capital shall be of an amount as determined by the Minister;

(b) its equity participation and composition of the board of directors shall be as determined by the Minister; and

(c) the sole object of the applicant's memorandum and articles of association shall be to establish and manage private higher educational institution.

(2) If the successful applicant is not a locally incorporated company, the applicant shall, within one year from being notified of the approval, incorporate a company locally.

(3) The prior written approval of the Registrar General on the proposed memorandum and articles of association of a company to be incorporated locally shall be obtained before an application is made for

13 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-13. [Deleted by Act A1352/2009: s.8] .

[Deleted by Act A1352/2009:s.8]

14 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-14. Reference to company.

For the purposes of sections 15, 16 and 17, a reference to a company shall be a reference to a company to which an approval under this Part is granted and a company established under section 12.

15 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-15. Approval for change or alteration in respect of company.

Unless prior approval from the Registrar General has been obtained, a company shall not change or alter-

(a) its name;

(b) its issued and paid up capital;

(c) its equity participation;

(d) the composition of its board of directors; and

(e) its memorandum and articles of association.

16 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-16. Notification of change in address.

A company shall notify the Registrar General of any change in its business address, within fourteen days of the change.

17 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-17. Information to be supplied to Registrar General upon request.

It shall be the duty of every company to supply when so requested by the Registrar General, within a period as may be determined by him, particulars-

(a) of any financial interest whatsoever which any other person has in the business of the company or the right which any other person has to nominate any director of the company; and

(b) of any interest or right which the company has in the business of any other person whether relating to education or otherwise.

18 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-18. Establishment of branch of, or affiliation, etc , with other, private higher educational institutions.

(1) The prior approval of the Minister shall be obtained before a private higher educational institution establishes a branch or affiliates, associates or collaborates with other higher educational institutions, whether private or public.

(2) An application for an approval under subsection (1) shall be made to the Registrar General-

(a) on the prescribed form and in the prescribed manner; and

(b) accompanied by the prescribed fee.

(3) At any time after receiving the application and before it is determined by the Minister, the Registrar General may by written notice require additional information, particulars or documents.

(4) Where the additional information, particulars or documents required under subsection (3) is or are not provided within the time specified in the requirement or any extension thereof, the application-

(a) shall be deem

19 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-19. Prior approval of Minister on arrangement or agreement.

(1) A private higher educational institution shall not enter into an arrangement or agreement-

(a) to sell, dispose of or to reconstruct; or

(b) to take any action which will affect in any material respect,

its business relating to education either by amalgamation or otherwise, unless approved by the Minister.

(2) An application for an approval under this section shall be made to the Registrar General-

(a) on the prescribed form and in the prescribed manner;

(b) accompanied by the prescribed fee; and

(c) by submitting together with the application-

(i) a copy of the proposed agreement or arrangement; and

(ii) all other information, particulars and documents as may be related directly or indirectly to the agreement or arrangement or relevant to its consideration.

20 PART III ESTABLISHMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-20. Minister may vary conditions.

The Minister may at any time-

(a) vary, cancel, alter or add to any of the conditions under-

(i) paragraph 10(1) (a)

(ii) paragraphs 12(1) (a) , and (b) ;

[Am. by Act A1352/2009: s.9]

(iii) subsection 18(6); and

(iv) subsection 19(6); or

(b) impose any new or additional conditional condition under the provisions set out in paragraph (a) , as the Minister may deem fit for carrying out the provisions of this Act.

21 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.

The prior approval of the Minister shall be obtained for the establishment of a private higher educational institution with the status of a University or University College or a branch campus thereof or a branch campus of a foreign University or University College.

22 PART IV ESTABLISHMENT OF A PRIVATE HIGHER EDUCATIONAL INSTITUTION WITH THE STATUS OF A UNIVERSITY, UNIVERSITY COLLEGE AND BRANCH CAMPUS-22. [Deleted by Act A1465 of the year 2014] .

23 PART IV ESTABLISHMENT OF A PRIVATE HIGHER EDUCATIONAL INSTITUTION WITH THE STATUS OF A UNIVERSITY, UNIVERSITY COLLEGE AND BRANCH CAMPUS-23. This Act shall apply to a University, University College or branch campus.

For the avoidance of doubt, all provisions of this Act shall apply to a private higher educational institution with the status of a University or University College or a branch campus thereof or a branch campus of a foreign University or University College established under this Part.

[Am. by Act A1465 of ther year 2014]

24 PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-24. All private higher educational institutions to be registered.

(1) Every private higher educational institution shall be registered under this Part.

(2) An application for registration shall be made to the Registrar General-

(a) within three years from the date of the approval for the establishment of the private higher educational institution granted under Part III;

[Am. by Act A 1352/2009: s.10]

(b) on the prescribed form and in the prescribed manner;

(c) accompanied by the prescribed fee; and

(d) together with a comprehensive fee structure to be imposed on students with respect to each course of study.

(3) If the private higher educational institution is not registered within the time specified in paragraph (2) (a) , the approval granted for its establishment under Part III shall be deemed to have been withdrawn unless an extension of time is granted by the Ministe

24A PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-24A. Renewal of registration.

(1) A private higher educational institution may submit an application to the Registrar General for renewal of its registration not later than six months prior to the expiry of the registration.

(2) Any application for renewal of registration which is not made within the time specified in subsection (1) but made before the expiry of the registration shall be subject to a payment of a penalty as may be determined by the Registrar General.

(3) No application for renewal of registration shall be considered if the application is made after the date of expiry of the registration.

(4) The Registrar General shall renew a registration if the applicant has complied with all conditions imposed by the Registrar General under subsection 24(10), and the Registrar General may impose new conditions or vary, cancel, alter or add to any of the conditions imposed when renewing a registration.

(5) A renewal of registration shall be subject

25 PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-25. Register of private higher educational institutions.

(1) The Registrar General shall keep or cause to be kept a register of private higher educational institutions in such form and manner as may be prescribed.

(2) The public may make a search on the register upon payment of a prescribed fee.

26 PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-26. Certificate of registration to be exhibited.

(1) For the purposes of this Part, a private higher educational institution shall be identified by the premises used for its purpose.

(2) A copy of the certificate of registration issued under paragraph 24(9) (a) shall be kept exhibited in a conspicuous part of the premises of the private higher educational institution.

27 PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-27. Refusal of registration.

The Registrar General may refuse to register a private higher educational institution if he is satisfied-

(a) that the private higher educational institution or any part thereof, for reasons of safety and health-

(i) is unsuitable for use as an educational institution;

(ii) has no adequate and satisfactory area for the recreation of the students;

(iii) is unsuitably sited;

(iv) is unsuitable by reason of danger from fire; or

(v) is otherwise a dangerous building;

(b) that the private higher educational institution is likely to be used for a purpose of providing education, instruction or training that the Registrar General, for any reason, deems detrimental to the interest of Malaysia, the public or the students;

(c) that the name under which the private higher educational institution is to be registered is, in his opinion,

28 PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-28. Change of premises.

(1) A private higher educational institution shall not move premises without the prior approval of the Registrar General.

(2) An application for the registration of the new premises of a private higher educational institution shall be made to the Registrar General on the prescribed form, in the prescribed manner and upon payment of the prescribed fee.

(3) A private higher educational institution contravening subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

29 PART V REGISTRATION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-29. Power of Registrar General to add, vary, cancel or alter conditions.

The Registrar General may, at any time, exercise his discretion-

(a) to add, vary, cancel or alter any of the conditions of the registration; or

(b) to impose new or additional conditions on the registration.

30 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-30. Constitution.

(1) Subject to the provisions of this Act, every private higher educational institution shall be managed in strict accordance with its constitution.

(2) The constitution shall not be amended without the prior approval of the Registrar General.

31 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-31. Appointment and registration of chief executive.

(1) Every private higher educational institution shall appoint a chief executive.

(1A) The office of a chief executive shall be located at the main administrative centre of a private higher educational institution.

(1B) It shall be the responsibility of a chief executive to inform the Registrar General of the address of his office and any change of that address from time to time.

[(1A) & (1B) Ins. by Act A1352/2009: s.13]

(2) A person appointed as a chief executive shall be registered under this Part.

(3) The Registrar General may refuse to register or cancel the registration of a chief executive-

(a) if there has been proved against him, or he has been convicted on, a charge in respect of-

(i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under a law relating to corruption; or

(iii) any other o

32 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-32. Regulations on registration of chief executive.

Without prejudice to the generality of the powers of the Minister to make regulations, the Minister may make regulations as to the procedure on the registration of the chief executive and may prescribe the fee to be imposed for such registration.

33 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-33. Duty of chief executive.

The chief executive shall, subject to the provisions of this Act and the constitution of the private higher educational institution-

(a) exercise general supervision over the arrangements for instruction, administration, day to day affairs, welfare and discipline in the private higher educational institution and all its branches;

(b) submit to the Registrar General audited annual reports of the company in relation to the private higher educational institution it has established; and

(c) provide such other information as may be required by the Registrar General from time to time for data collection.

[Subs. by Act A1352/2009: s.14]

34 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-34. Application under Act to be made by chief executive.

An application relating to and for the purposes of a private higher educational institution shall be made by the chief executive, unless otherwise provided.

35 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-35. Notice, requirement for information and other communication to be addressed to chief executive.

Where-

(a) a notice is required to be served on a private higher educational institution under this Act;

(b) any information is required to be furnished by a private higher educational institution under this Act; or

(c)

any other communication is necessary between the Registrar General and the private higher educational institution,

[(c) Subs. by Act A1352/2009: s.15]

it shall be addressed to the chief executive, unless otherwise provided.

36 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-36. Person not eligible to take part in the management of private higher educational institution.

No person who has been-

(a) a member of the board of directors of a company establishing;

(b) a chief executive of; or

(c) directly concerned with the management or business of,

a private higher educational institution which has been closed down under Part XI shall act in such similar capacity with respect to another private higher educational institution, without the approval of the Minister.

37 PART VI MANAGEMENT OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-37. Power of Registrar General to deal with chief executive.

(1) In addition to the Registrar General's power under subsection 31(3), where a chief executive-

(a) has been acting or is proposing to act unreasonably with respect to the exercise of the power conferred or the discharge of the duty imposed under this Act; or

(b) has failed to discharge the duty imposed upon him under this Act, the Registrar General may, after giving the chief executive an opportunity to make representations-

(aa) give the chief executive directions in writing as to the exercise of his power or the discharge of his duty as appears to the Registrar General to be expedient; or

(bb) cancel the registration of the chief executive.

(2) The Registrar General shall give the chief executive written notice of his decision to cancel the registration of the chief executive under paragraph (1) (bb) and the dec

38 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 .

(1) The prior approval of the Registrar General shall be obtained before a private higher educational institution-

[Am. by Act A1352/2009: s.17]

(a) may conduct a course of study or training programme;

(b) may conduct a course of study or training programme jointly or in affiliation, association or collaboration with any University, University College, higher educational institution, whether public or private, or professional body, within or outside Malaysia.

(2) A private higher educational institution which contravenes the provision of this section shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

39 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-39. Refusal to grant approval.

(1) The Registrar General shall grant his approval under section 38 if he is satisfied-

(a) with the suitability of arrangements relating to the educational facilities;

(b) with the quality assurance of the courses of study or training programmes; and

(c) that the approval is not inconsistent with the national policies, strategies and guidelines on higher education, based upon the recommendation of an authority established under a written law for such purpose.

(2) Where the Registrar General refuses to grant his approval, he shall notify the applicant in writing of the grounds for his refusal.

(3) An applicant who is aggrieved by the decision of the Registrar General under subsection (1) may appeal in writing to the Minister within twenty-one days from being notified of the decision appealed against.

[Subs. by Act A1352/2009: s.18]

40 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-40. Grant of approval subject to conditions.

(1) When granting approval under section 38, the Registrar General may impose-

(a) conditions relating to the requirements for admission of students;

(b) such fee as may be prescribed; and

(c) any other conditions as he thinks fit.

[Subs. by Act A1352/2009: s.19]

(1A) The Registrar General may serve on a private higher educational institution a notice of intention to revoke the approval under section 38 if he is satisfied that the institution has contravened any of the conditions imposed under subsection (1).

[Ins. by Act A1352/2009: s.19]

(1B) Such private higher educational institution shall be allowed to make written representation within twenty-one days from the date the notice of intention is served on the institution.

[Ins. by Act A1352/2009: s.19]

(1C) A

41 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-41. Medium of instruction.

(1) All private higher educational institutions shall conduct its courses of study in the national language.

(2) Courses of study under subsection (1) shall include the subjects required to be taught under section 43.

(3) Notwithstanding subsection (1), a private higher educational institution may conduct a course of study in any other language as it deems appropriate subject to the approval of the Minister.

(4) If any course of study or a substantial part of any course of study in any private higher educational institution is conducted in any language other than the national language, the national language shall be taught as a compulsory subject for the students following such course of study in such language.

[(3) & (4) Subs. by Act A1352/2009: s.20]

(5) In the case of students referred to in subsection (4) who are citizens of Malaysia, an achievement in the national language, at a level

42 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-42. Power of Minister to direct that national language be used.

(1) In respect of an approval granted by the Minister under paragraph 41(3) (a) the Minister may at any time thereafter direct that the national language be used to conduct such course of study.

(2) The direction of the Minister under subsection (1)-

(a) shall only apply to students who are citizens of Malaysia for the new intake of the private higher educational institution who have yet to follow such course of study; and

(b) shall not apply to the other students following such course of study unless the Minister is satisfied that they will not be adversely affected.

(3) The Minister may impose conditions on a private higher educational institution for the purpose of giving effect to his direction under subsection (1).

43 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-43. Compulsory subjects.

(1) All private higher educational institutions shall teach such compulsory subjects which shall be determined by the Registrar General.

[Subs. by Act A1352/2009: s.21]

(2) The subjects determined by the Registrar General under subsection (1) shall be taught in addition to other subjects or courses of study taught in the private higher educational institutions.

[Am. by Act A1352/2009: s.21]

(3) In the case of students who are citizens of Malaysia, a pass in the subjects determined by the Registrar General under subsection (1), at a level determined by the Registrar General, shall be a prerequisite to the award of a certificate, diploma or degree of the private higher educational institution or of any University, University College, higher educational institution, whether public or private, or professional body, within or outside Malaysia, consequent upon a course of study or

44 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-44. Award of degree.

Any private higher educational institution with the status of a University or a University College or a branch campus may award a degree.

[Subs. by Act A1352/2009: s.22]

45 PART VII CONDUCT OF COURSES OF STUDY AT PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-45. [Deleted by Act A1352/2009: s.23] .

46 PART VIII DISCIPLINE AND CONDUCT OF STUDENTS-46. Disciplinary authority in respect of students.

(1) The chief executive shall be responsible for the discipline and conduct of students in the private higher educational institution.

(2) In the discharge of his duties under subsection (1), the chief executive shall comply with and give effect to directions issued by the Registrar General from time to time in respect of the discipline and conduct of the students of the private higher education institution.

(3) The chief executive shall inform the student of a private higher educational institution in writing of the grounds on which it is proposed to take action against him and shall afford him a reasonable opportunity of being heard.

(4) A student of a private higher educational institution shall have the right to be represented by an employee or another student of the private higher educational institution in any disciplinary proceedings taken against him.

(5) A student of a private higher educational institution shal

47 PART VIII DISCIPLINE AND CONDUCT OF STUDENTS-47. Activities of students or students' society, organization, body or group.

(1) Subject to subsection (2), a student of the private educational institution may become a member of any society, organization, body or group of persons, whether in or outside Malaysia, including any political party.

(2) A student of the private educational institution shall not-

(a) become a member of any unlawful society, organization, body or group of persons, whether in or outside Malaysia;

(b) become a member of any society, organization, body or group of persons, not being a political party, which the Registrar General determines and specifies in writing to the chief executive of the private educational institution to be unsuitable to the interests and well-being of the students or the private educational institution; or

(c) be involved in political party activities within the Campus.

(3) A student of the private educational institution and any society

48 PART VIII DISCIPLINE AND CONDUCT OF STUDENTS-48. Liability of students or students' organization, body or group.

Where a registrable offence has been committed under any written law 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 of the private higher educational institution which is established by, under or in accordance with the constitution, every student of a private higher educational institution convicted of such offence shall be liable to disciplinary action and such organization, body or group of students shall be dealt with in accordance with section 49.

[Subs. by Act A1352/2009: s.26]

48A PART VIII DISCIPLINE AND CONDUCT OF STUDENTS-48A. Suspension of student charged with registrable offence and matters relating to detention, etc .

(1) Where a student of a private higher educational institution is charged with a registrable offence-

(a) he may, in the discretion of the chief executive, be suspended from being a student; and

(b) if so suspended, he shall not during the pendency of the criminal proceedings, remain in or enter the private higher educational institution.

(2) Where a starged with a registrable offence under subsection (1) is convicted of that offence, the student shall be liable to disciplinudent of a private higher educational institution chary action.

(3) Where a student of a private higher educational institution is detained or is subjected to any order imposing restrictions on him under any written law relating to preventive detention or internal security, the student shall be liable to disciplinary action.

(4) A student of a private higher educational institution who is detained

49 PART VIII DISCIPLINE AND CONDUCT OF STUDENTS-49. Power of Registrar General to issue directions to suspend or dissolve a students' association, etc .

(1) The Registrar General may direct the chief executive to suspend or dissolve any students' society, association, organisation, body or group-

(a) if such society, association, organisation, body or group conducts itself in a manner detrimental or prejudicial to-

(i) the safety and security of Malaysia;

(ii) public order; or

(iii) the interest of students; or

(b) if such society, association, organisation, body or group violates any provision of any written law.

(2) The Registrar General may not give a direction under subsection (1) until he has considered representations made by the society, association, organisation, body or group.

(3) The chief executive shall take immediate action to give effect to the directions of the Registrar General under subsection (1), and shall within twenty-one days inform the Registrar General

50 PART VIII DISCIPLINE AND CONDUCT OF STUDENTS-50. [Deleted by Act A1352/2009: s.29] .

51 PART IX PERMITS TO TEACH-51. Issuance of permit to teach.

(1) A person shall obtain a permit to teach issued by the Registrar General before he may be allowed to teach in any private higher educational institution.

(2) An application for a permit to teach under this Act shall be made to the Registrar General on the prescribed form and in the prescribed manner and upon payment of the prescribed fee.

(3) At any time after receiving the application for a permit to teach and before it is determined, the Registrar General may by written notice require the applicant to provide additional information, particulars or documents, which may differ as between different subjects to be taught by the applicants.

(4) The Registrar General may, after such investigation as he may think necessary on the application for a permit to teach-

(a) issue a permit to teach in such form as may be prescribed and subject to such conditions as may be specified to the person applying for

52 PART IX PERMITS TO TEACH-52. Power of Registrar General to refuse and revoke permit to teach.

(1) The Registrar General may refuse to issue a permit to teach or revoke a permit to teach if he is satisfied that the person applying for such permit or to whom such permit has been issued-

(a) has no qualification to teach, or has qualifications which in the opinion of the Registrar General are inadequate for the purpose;

(b) has made a false or misleading statement in connection with his application for a permit to teach or has intentionally suppressed a material fact;

(c) suffers from some physical or mental defect or disease rendering him unsuitable to teach;

(d) if there has been proved against him or he has been convicted on, a charge in respect of-

(i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or

(iii) any other offence punishable with imprisonment (in itsel

53 PART IX PERMITS TO TEACH-53. Right to make representations to be given and additional grounds for revocation.

(1) A permit may be revoked by the Registrar General, after giving the person to whom it was issued the right to make representations.

(2) In addition to the grounds specified under paragraphs 52(1) (a) to (e) , a permit to teach may be revoked on the following grounds:

(a) that the holder of the permit is acting in a manner prejudicial or detrimental to the interest of Malaysia, the public or the student; or

(b) any other grounds as the Registrar General deems appropriate.

54 PART X REVOCATION OF APPROVAL AND CANCELLATION OF REGISTRATION-54. Grounds for revocation of approval.

(1) The Registrar General may, under the direction of the Minister, serve on a private higher educational institution a notice of intention to revoke the approval of such private higher educational institution if the Minister is satisfied that it is expedient so to do on any of the following grounds:

(a) that the approval of such private higher educational institution was obtained by any false or misleading statement;

(b) that there has been a breach of any condition imposed by the Minister;

(c) that the quality assurance in such private higher educational institution is not adequately maintained;

(d) that the private higher educational institution has been convicted for an offence under this Act or any other written law; or

(e) any other reason that the Minister deems proper in the interest of Malaysia, the public or the students.

(2

55 PART X REVOCATION OF APPROVAL AND CANCELLATION OF REGISTRATION-55. Grounds for cancellation of registration.

(1) The Registrar General may serve on a private higher educational institution a notice of intention to cancel the registration of such private higher educational institution if he is satisfied that it is expedient so to do on any of the following grounds:

(a) that the registration of such private higher educational institution was obtained by any false or misleading statement;

(b) that there has been a breach of any condition imposed by the Registrar General;

(c) that an offence under this Act has been committed;

(d) that the private higher educational institution has been convicted for an offence under this Act or any other written law;

(e) that discipline in such private higher educational institution is not being adequately maintained;

(f) that the terms of the constitution of the private higher educational institution are being wilfu

56 PART X REVOCATION OF APPROVAL AND CANCELLATION OF REGISTRATION-56. Notice to revoke approval and to cancel registration.

(1) A notice of intention to revoke the approval under section 54 or to cancel the registration under section 55 shall specify the grounds on which it is proposed to revoke the approval or to cancel the registration.

(2) The private higher educational institution shall be given an opportunity to make written representations thereon within twenty-one days from the date of service of the notice in subsection (1).

(3) After the expiry of the period of twenty-one days mentioned in subsection (2) and after considering any representation made under that subsection, the Registrar General shall-

(a) with respect to the cancellation of registration, decide whether or not-

(i) to proceed with the proposed action;

(ii) to take no further action;

(iii) to add, alter or vary the conditions of the registration; or

(iv) to issue a warning; or

(b)

57 PART X REVOCATION OF APPROVAL AND CANCELLATION OF REGISTRATION-57. Decision to be based on documents and oral hearing not allowed.

The decision of the Minister and the Registrar General in this Part shall be arrived at on the basis of the documents relating to the matter before them, and there shall be no oral hearing therefor.

58 PART XI CLOSING DOWN OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-58. Power of Minister to give directions to safeguard interest of students.

(1) Where on his own volition a chief executive informs the Minister or where as a result of an inspection made under Part XII or for any other reason the Minister is of the opinion that a private higher educational institution-

(a) is unable to meet its obligations to its students;

(b) is about to suspend its operations; or

(c) is carrying on its activities in a manner detrimental to the interest of Malaysia, the public or the students,

the Minister may, without prejudice to the generality of the powers of the Minister to give directions under section 5, for the purpose of safeguarding the interest of Malaysia, the public and the students of the private higher educational institution-

(aa) direct the private higher educational institution in question to take such steps as the Minister considers necessary to rectify any matter or circumst

59 PART XI CLOSING DOWN OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-59. Cessation of operations.

A private higher educational institution must cease its operation and terminate its courses of study if-

(a) the approval for its establishment has been revoked by the Minister;

(b) its registration has been cancelled by the Registrar General;

(c) the board of directors so decides;

(d) the company under which the private higher educational institution is established is wound up-

(i) by the company's board of directors; or

(ii) by an order of the court; or

(e) the private higher educational institution needs to be closed down for any other reason.

60 PART XI CLOSING DOWN OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-60. Notice of intention to close down.

(1) A private higher educational institution which is about to cease its operations except for the reasons specified in paragraphs 59 (a) and (b) and subparagraph 59 (d) (ii), shall give a notice of its intention to do so atleast for a period of one calendar year before its closing down.

(2) The notice under subsection (1) shall be-

(a) given to the Registrar General by the chief executive of the private higher educational institution;

(b) served by A.R. registered mail on the students of the private higher educational institution; and

(c) published in the newspapers, at least one in the national language and one in any other language.

(3) Where the closing down of the private higher educational institution is by reason of paragraphs 59 (a) and (b) and subparagraph 59 (d) (ii), the private higher educational inst

61 PART XI CLOSING DOWN OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-61. Arrangements for the continuation of education of students.

(1) Six months prior to the closing down of a private higher educational institution, the board of directors shall ensure that the requirements to be determined by the Registrar General for the continuation of the education of the students are complied with.

(2) A private higher educational institution which fails to comply with subsection (1) commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both .

[Subs. by Act A1352/2009: s.34]

62 PART XI CLOSING DOWN OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-62. Surrender of certificates.

Upon the closing down of a private higher educational institution, the chief executive shall surrender to the Registrar General his certificate of registration and the certificate of registration of the private higher educational institution.

63 PART XII INSPECTION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-63. Inspection to be made from time to time.

The Registrar General shall, from time to time, inspect or cause to be inspected a private higher educational institution registered under this Act for the purpose of ascertaining that this Act and the regulations made under this Act have been and are being complied with.

64 PART XII INSPECTION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-64. Power of Registrar General when inspecting private higher educational institutions.

In carrying out an inspection under section 63, the Registrar General may-

(a) enter-

(i) any area including the building or structure thereon which belongs to or are used, whether permanently or otherwise, or whether or not registered for use, by a private higher educational institution; or

(ii) any premises;

(b) examine such book, register, document, material or other article article wherever it appears the words "whether in the physical form or in the electronic medium as he may consider necessary;

(c) remove and detain any book, register, document, material or other article " wherever it appears the words "whether in the physical form or in the electronic medium-

(i) which appears to him to be detrimental to the interest of Malaysia, the public or the students; or

(ii) which, in his opinion, may furnish evidence of

64A PART XII INSPECTION OF PRIVATE HIGHER EDUCATIONAL INSTITUTIONS-64A. Audit.

(1) For the purposes of this Act, the Registrar General may carry out audit on the private higher educational institution in the form and manner as may be prescribed.

(2) The procedure in carrying out the audit may differ according to the purposes of the audit.

[Ins. by Act A1352/2009: s.36]

65 PART XIII ENFORCEMENT AND INVESTIGATION-65. Interpretation of investigating officer.

In this Part,   "investigating officer"  means-

(a) the Registrar General, Deputy Registrar General, Registrar, Deputy Registrar and Assistant Registrar;

(b) a police officer not below the rank of an Inspector; and

(c) any other public officer authorised in writing by the Registrar General to perform such duties relating to enforcement and investigation under this Part as may be specified in the authorisation.

66 PART XIII ENFORCEMENT AND INVESTIGATION-66. Power of investigating officer.

(1) An investigating officer shall have all the powers necessary to carry out investigation of an offence under this Act.

(2) An investigating officer carrying out an investigation under this Act may enter any place or building and may inspect, make copies of, take extracts from, remove and detain any book, minute book, register, document, material or article , whether in the physical form or in the electronic medium.

(3) An investigating officer may by notice in writing require any person to produce to him such books, minute books, registers, documents, materials, or articles , whether in the physical form or in the electronic medium, as are in the possession or custody of or under the control of that person or within the power of that person to furnish.

(4) A person who-

(a) fails to produce any book, minute book, register, document, material or article , whether in the physical form or in the ele

67 PART XIII ENFORCEMENT AND INVESTIGATION-67. Power to search and seize.

(1) If it appears to a Magistrate upon written information on oath and after such enquiry as he considers necessary that there is reasonable cause to believe that-

(a) any premises have been used, are being used or are about to be used for; or

(b) there is in any premises evidence necessary to establish,

the commission of an offence under this Act, the Magistrate may issue a warrant authorising an investigating officer, at any reasonable time by day or by night and with or without assistance-

(aa) to enter the premises, if need be by force; and

(bb) there to search for and seize, and therefrom remove any book, minute book, register, material, document, article or any other thing whether in the physical form or in the electronic medium.

[(bb) Am. by Act A1352/2009: s.38]

(i) in respect of

68 PART XIII ENFORCEMENT AND INVESTIGATION-68. Search and seize without warrant.

If an investigating officer has reasonable cause to believe that by reason of delay in obtaining a search warrant under section 67-

(a) the investigation would be adversely affected;

(b) the object of the entry is likely to be frustrated;

(c) the book, minute book, register, document, material, or any other thing sought, whether in the physical form or in the electronic medium, may be removed or interfered with; or

[Am. by Act A1352/2009: s.39]

(d) the evidence sought may be tampered with or destroyed,

he may exercise in, and in respect of, the premises all the powers referred to in section 67 in as full and ample a manner as if he were authorised to do so by a warrant issued under that section.

69 PART XIII ENFORCEMENT AND INVESTIGATION-69. Power to seal.

(1) Where the investigating officer has reasonable cause to believe that any house, building, premises or other place is being used as a private higher educational institution-

(a) without being approved and registered under this Act; or

(b) in contravention of any of the conditions imposed by the Minister or the Registrar General,

the investigating officer may forthwith take such steps as he may deem necessary or by any means seal such private higher educational institution.

(2) The person using the house, building, premises or place as a private higher educational institution which has been sealed shall-

(a) within twenty-one days of such seal produce to the Registrar General the certificate of registration of the private higher educational institution; and

(b) bear any cost incurred arising out of such action.

70 PART XIII ENFORCEMENT AND INVESTIGATION-70. Power to call for examination.

(1) An investigating officer may by notice in writing require any person acquainted with the facts and circumstances of a case to appear before him and to be examined orally and shall reduce into writing any statement made by the person so examined.

(2) Such persons shall be legally bound to answer the questions relating to such case put to him by the investigating officer and to state the truth, whether or not the statement is made wholly or partly in answer to questions, and shall not refuse to answer any question on the ground that it tends to incriminate him.

(3) A statement made by any person under this section shall be taken down in writing and signed by the person making it or affixed with his thumb print, as the case may be-

(a) after it has been read to him; and

(b) after he has been given an opportunity to make any correction he may wish.

(4) Where the person

71 PART XIII ENFORCEMENT AND INVESTIGATION-71. No entitlement as to costs on proceedings, damages or other relief, etc .

No person shall, in any proceedings before any court in respect of the seizure of anything seized or detained in the exercise or the purported exercise of any power conferred under this Part, be entitled to the costs of such proceedings or any damages or other relief, other than an order for the return of such thing seized or detained, or the payment of its value unless such seizure or detention was made without reasonable or probable cause.

72 PART XIV OFFENCES AND PENALTIES-72. Prohibition on advertisement, etc .

(1) No person shall promote a private higher educational institution, whether by advertisement, prospectus, brochure or otherwise, unless the establishment of the private higher educational institution has been approved under this Act.

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

73 PART XIV OFFENCES AND PENALTIES-73. Control of advertisement.

(1) If the Registrar General is of the opinion that any statement made in any advertisement in relation to a private higher educational institution is false, deceptive, offensive or misleading the Registrar General may by notice in writing direct such private higher educational institution to do all or any the following:

(a) cease the continued issue of the advertisement;

(b) modify the advertisement in such manner as may be specified by the Registrar General;

(c) cease the issue of any advertisement which is wholly or substantially, a repetition of such advertisement;

(d) take all practical steps to withdraw the advertisement from every and all publication or display of it; or

(e) publish a statement in like manner as the advertisement issued earlier to retract or modify such advertisement.

(2) The Registrar General may vary, add to,

74 PART XIV OFFENCES AND PENALTIES-74. Interpretation of advertisement.

For the purposes of sections 72 and 73 "advertisement" means any notification or information of the establishment of a private higher educational institution-

(a) published in any newspaper, journal or magazine or any other form;

(b) displayed on any hoarding, boarding, roof, wall, paling, fence, frame, signboard, plate, cloth, bar, pillar, post, wire-casting or other erection, structure or contrivance;

(c) conveyed by means of film within the meaning of the Films (Censorship) Act 1952 [Act 35] or by means of broadcast sound receivers or television receivers within the meaning of the Telecommunications (Television Receivers) Regulations 1964 [L.N. 69/1964] ; or

(d) conveyed by electronic or other means, oral or written and whether of the same kind or not as set out in paragraphs (a) to (c) .

[(c) & (d) Am. by Act

75 PART XIV OFFENCES AND PENALTIES-75. Offence and penalty relating to false or misleading statement.

Any person who makes a false or misleading statement in promoting a private higher educational institution shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

76 PART XIV OFFENCES AND PENALTIES-76. Establishment of private higher educational institutions, etc., prohibited unless in accordance with Act.

(1) No person shall-

(a) establish, form, promote or carry on any activity for the purpose of establishing, forming, or promoting or towards the establishment, formation or promotion of a private higher educational institution;

(b) operate, manage or maintain any class for the teaching and learning of higher education in a private higher educational institution; or

(c) establish, form, promote, operate, manage or maintain a private higher educational institution by the use of the word "University", "University College" or "branch campus",

except in accordance with the provisions of this Act.

(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

77 PART XIV OFFENCES AND PENALTIES-77. Offence and penalty relating to award of certificate, diploma and degree.

A private higher educational institution which conducts any course of study or training programme for which a certificate, diploma or degree is awarded contrary to the provisions of section 44, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

78 PART XIV OFFENCES AND PENALTIES-78. Penalty for contravening conditions.

Any private higher educational institution contravening any condition imposed on the approval for its establishment and its registration, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.

79 PART XIV OFFENCES AND PENALTIES-79. Offence and penalty relating to applications made under Act.

Any-

(a) applicant who, on making an application for the approval for the establishment of a private higher educational institution; or

(b) private higher educational institution which, on making any application,

under this Act, makes any statement which he or it knows to be false, or does not believe to be true, or intentionally suppresses any material fact, or furnishes any information which is misleading shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to an imprisonment for a term not exceeding two years or to both.

80 PART XIV OFFENCES AND PENALTIES-80. Offence and penalty relating to unlawful activity.

Any-

(a) person who, being the owner or occupier of any house, building, premises or place, has failed to take all reasonable steps to prevent the same from being used as a private higher educational institution in contravention of this Act; or

[Am. by Act A1352/2009: s.42]

(b) private higher educational institution which is used-

(i) for any unlawful activity or purpose; or

(ii) for any activity or purpose of an unlawful organisation, society or other body of persons, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.

81 PART XIV OFFENCES AND PENALTIES-81. Offences and penalties relating to certificates of registration and the act of teaching in private higher educational institutions.

(1) Where-

(a) a private higher educational institution fails to cause a copy of the certificate of registration of such private higher educational institution to be exhibited in accordance with the provisions of subsection 26(2);

(b) upon the closing down of a private higher educational institution, the chief executive fails to surrender to the Registrar General his certificate of registration and the certificate of registration of the private higher educational institution;

(c) any person is working or is a teacher in a private higher educational institution which is not approved and registered under this Act;

(d) the chief executive of a private higher educational institution is not registered under this Act;

(e) a person teaches in a private higher educational institution without a permit to teach; or

(f) a private higher educational i

82 PART XIV OFFENCES AND PENALTIES-82. General penalty.

A person who is guilty of an offence under this Act in respect of which no penalty is expressly provided shall, on conviction, be liable to a fine not exceeding ten thousand ringgit.

[Am. by Act A1352/2009: s.43]

83 PART XIV OFFENCES AND PENALTIES-83. Penalty in the case of a continuing offence.

A person who is guilty of an offence under this Act shall, in the case of a continuing offence, be liable, in addition to any other penalty to which he is liable under this Act in respect of such offence, to a daily fine not exceeding five hundred ringgit for each day the offence continues after conviction.

84 PART XIV OFFENCES AND PENALTIES-84. Offences by bodies corporate.

Where a body corporate is guilty of an offence under this Act-

(a) any person, who at the time of the commission of such offence, is a director, manager, secretary, or other similar officer of such body corporate, may be charged severally or jointly in the same proceedings with the body corporate; and

(b) every such director, manager, secretary or other similar officer of such body corporate who was, in any way, by act or omission directly or indirectly, concerned in, or party to, the commission of the offence shall be deemed to be guilty of that offence,

unless he proves that the offence was committed without his knowledge or connivance or that he took all reasonable precautions or that he had exercised due diligence to prevent the commission of the offence.

85 PART XIV OFFENCES AND PENALTIES-85. Liability of director of company, etc. for offences committed by private higher educational institution.

(1) Where an offence against any provision of this Act has been committed by a private higher educational educational institution, any person who at the time of the commission of the offence was-

[Am. by Act A1352/2009: s.44]

(a) a member of the board of directors;

(b) a manager;

(c) a secretary;

(d) holding an office or position similar to that of a manager or secretary of the company establishing such private higher educational institution;

(e) a chief executive;

(f) a clerk;

(g) a servant; or

(h) an agent;

of the private higher educational institution shall be deemed to be guilty of that offence.

(2) It shall be a defence for any person prosecuted pursuant to subsection (1) if he proves-

(a) that the offence was c

86 PART XIV OFFENCES AND PENALTIES-86. Power to compound.

(1) The Registrar General may, with the consent in writing of the Public Prosecutor, compound any offence committed by any private higher educational institution or person under this Act or the regulations made under this Act, which is prescribed to be a compoundable offence.

(2) A written offer shall be made to the person to compound the offence upon payment to the Registrar General of such sum of money as may be so specified, which shall not be more than fifty per centum of the maximum fine to which the person would have been liable if he had been convicted of the offence, within such time as may be specified in the offer.

(3) An offer under subsection (2) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted.

(4) Where an offence has been compounded-

(a) no further proceeding shall be taken and no prosecution shall be instituted agains

87 PART XIV OFFENCES AND PENALTIES-87. Institution and conduct of prosecution.

(1) Subject to subsection (3), the Registrar General, Deputy Registrar General, Registrar, Deputy Registrar, Assistant Registrar or a police officer not below the rank of Inspector shall have the authority to appear in court-

(a) for the conduct of any prosecution in respect of an offence under this Act; or

(b) for the purposes of any other legal proceeding under this Act.

(2) In the case of a Deputy Registrar General, a Registrar, a Deputy Registrar or an Assistant Registrar, such authority shall be subject to the approval of the Registrar General.

(3) Prosecution in respect of any offence under this Act shall not be instituted or conducted without the written consent of the Public Prosecutor.

88 PART XV REGULATIONS-88. Power of Minister to make regulations.

(1) Without prejudice to his power to make regulations under any other provision of this Act, the Minister may make regulations for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the power conferred in subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:

(a) the forms to be used and the information to be furnished in any application or for other purposes under this Act;

(b) the procedure to be followed and the fee deemed proper to be prescribed in respect of any application under this Act or in respect of any certificate, permit or any other document issued under this Act;

(c) the form in which a register or other records shall be kept or maintained under this Act, entries to be made therein, provision for the inspection and taking extracts therefrom and the supply of

89 PART XVI GENERAL-89. Distinction of race and creed prohibited.

(1) Subject to the provision of Article 153 of the Federal Constitution, membership of a private higher educational institution, whether as an officer, teacher or student, shall be open to all persons irrespective of sex, race, religion, nationality or class.

(2) No test of religious belief or profession shall be adopted or imposed in order to entitle any person to be admitted to such membership or to be awarded any degree, diploma or certificate nor shall any fellowship, scholarship, exhibition, bursary, medal, prize, other distinction or award be limited to persons of any particular race, religion, nationality or class.

90 PART XVI GENERAL-90. Protection against suit and legal proceedings.

No action shall lie or prosecution shall be brought, instituted or maintained against the Government, Minister, Registrar General, Deputy Registrar General, Registrar, Deputy Registrar or Assistant Registrar, or against any officer of the Government or any person acting under the direction of the Minister or the Registrar General, in any court for any thing done or omitted to be done under this Act-

(a) in good faith;

(b) in the reasonable belief that it was necessary for the purpose intended to be served thereby; or

(c) for carrying into effect the provisions of this Act.

91 PART XVI GENERAL-91. Officers deemed to be public servants.

Every person appointed, or lawfully exercising the powers of a person appointed under this Act, shall be deemed to be public servants within the meaning of the Penal Code.

92 PART XVI GENERAL-92. Minister's power to exempt.

(1) The Minister may, if he considers it desirable and in the interest of a private higher educational institution or in the interest of the students or the public, by order published in the Gazette , exempt the private higher educational institution from any provision of this Act.

(2) The exemption granted under subsection (1) shall be subject to such conditions as the Minister may specify in the order.

(3) The power of exemption under subsection (1) shall not include the provisions as to the approval for the establishment of a private higher educational institution and the registration thereof, and the provisions of sections 38 and 39.

(4) The Minister may, at any time, use his discretion to revoke an exemption under this section or alter or add to conditions attached to the exemption.

93 PART XVI GENERAL-93. Requirement as to premises.

(1) The member of the board of directors, chief executive or any person responsible for the management of a private higher educational institution shall ensure that at all times, the premises of a private higher educational institution conform to such standards as may be prescribed under this Act.

(2) Notwithstanding subsection (1), if the Minister is satisfied with respect to any private higher educational institution that having regard to-

(a) the nature of its site;

(b) any existing buildings thereon; or

(c) other special circumstances affecting its premises,

it would be unreasonable in that case to require conformity with the requirements of the regulations in any particular respect, he may direct that the premises shall be deemed to conform to the prescribed standards if instead of conforming to the requirements of the regulations in that respect the prem

94 PART XVI GENERAL-94. Service.

(1) Any notice, order, document or other communication required to be given or served under this Act on a private higher educational institution may, unless some other form of service is prescribed, be sent by registered post.

(2) It shall then be deemed that the notice, order, document or such communication has been served on the day succeeding the day on which it would have been received in the ordinary course of such posting.

(3) Where the person to whom there has been addressed a registered letter under subsection (1) is informed of the fact that there is a registered letter awaiting him at a post office and he refuses or neglects to take delivery of the registered letter, such notice, order, document or communication shall be deemed to have been served upon him on the date upon which he was informed.

95 PART XVI GENERAL-95. Non-application.

This Act shall not apply to-

(a) an educational institution established by the Minister under or deemed to have been established under the Education Act 1996;

(b) an institution established under the Institute Technology MARA Act 1976 [Act 173] .

(c) a University or University College established under the Universities and University Colleges Act 1971 [Act 30] ; or

(d) an educational institution established under any other written law.

96 PART XVII SAVING AND TRANSITIONAL PROVISIONS-96. Saving and transitional provisions relating to existing private higher educational institutions.

(1) The Essential (Higher Educational Institutions) Regulations 1969 [P.U.(A) 234/69] is repealed.

(2) Notwithstanding subsection (1), all private higher educational institutions-

(a) established under the Essential (Higher Educational Institutions) Regulations 1969; or

(b) registered or deemed to have been registered under the Education Act 1996 [Act 550] ,

shall, on the date of coming into force of this Act, be deemed to have been approved, established and registered under this Act.

(3) The conditions imposed on the private higher educational institutions referred to in paragraphs (2) (a) and (b) , prior to the coming into force of this Act, shall continue to remain in force until varied or revoked by the Minister.

(4) The provisions of this Act shall apply to such private higher educational institution as if such private high

97 PART XVII SAVING AND TRANSITIONAL PROVISIONS-97. Conversion of provisional certificates of registration.

(1) A provisional certificate of registration issued or deemed to have been issued to a private higher educational institution under the Education Act 1996 [Act 550] , shall be converted to and deemed to be a certificate of registration issued under this Act

(2) In addition to a condition that may be imposed under any provision of this Act, the private higher educational institution shall also comply with any other condition as the Registrar General may, form time to time, impose.

98 PART XVII SAVING AND TRANSITIONAL PROVISIONS-98. Power of Minister to make additional transitional provisions.

(1) The Minister may, by rules, make such provision as he considers necessary or expedient for the purpose of removing any difficulties occasioned by the application of this Act on private higher educational institutions-

(a) established under the Essential (Higher Educational Institutions) Regulations 1969 [P.U.(A) 234/1969] ;

(b) registered or deemed to have been registered under the Education Act 1996; and [Act 550] ;

(c) to which provisional certificates of registration have been issued or are deemed to have been issued under the Education Act 1996.

(2) The power of the Minister under subsection (1) shall include power to make such modifications so as to give effect to the provisions of this Act.

99 PART XVII SAVING AND TRANSITIONAL PROVISIONS-99. Transitional provision relating to teachers.

(1) A person who, on the date of coming into force of this Act, is in the employment of a private higher educational institution as a teacher whether on a full time or part time basis-

(a) who has been registered as a teacher or is deemed to have been registered under the Education Act 1996 shall, within one month from the date of coming into force of this Act; or

(b) who has been issued or is deemed to have been issued with a permit to teach under the Education Act 1996 shall-

(i) within one month before the expiry of such permit; or

(ii) within one month from the date of coming into force of this Act,

whichever is the later,

apply for a permit to teach under Part IX of this Act.

(2) Pending the determination of the application for a permit to teach referred to under subsection (1), such person may continue to teach in the pr