Private Higher Educational Institutions Act 1996

Original Language Title: Private Higher Educational Institutions Act 1996

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Laws of Malaysia Act Reprinting 555 private higher educational institutions Act 1996 Contains all amendments to 1 January 2009 is published by the Commissioner of law revision, under the authority of Law Revision Act 1968 2009 laws of Malaysia Act 555 2 private higher educational institutions Act 1996 Royal Assent date.................. 13 September 1996, the date of publication in the Gazette............ 26 September 1996 private higher educational institutions 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. Minister's power to issue general instructions 5. Minister's power to issue special instructions part iii the establishment of private higher educational institutions 6. Application for approval 7. other interests shall be disclosed by the applicant 8. the Registrar General shall make recommendations to the Minister 9. the Chief Registrar may refuse to proceed with action on the application 10. Grant of approval or rejection of the application by the Minister 11. approval will not be granted unless the Minister is satisfied 12. The applicant must form a company in the State laws of Malaysia Act 555 4 section 13. The same conditions should be imposed on the company 14. A reference to the company 15. approval for the change or changes with respect to the company 16. Notification of change of address 17. information to be supplied to the Registrar General upon his request 18. The establishment of branches, or merge, etc., with other private higher educational institutions 19. prior approval of the Minister about the arrangements or agreements 20. the Minister may vary the conditions of part iV the establishment of private higher education institutions, universities And University College branch campus 21. The establishment of University, College and University branch campus 22. Application for establishment made upon invitation 23. This Act shall apply for University, college or University campus branch part V registration of private higher educational institutions 24. All private higher educational institutions must be registered 25. Register of private higher educational institutions 26. Registration certificate shall be displayed 27. Refusal of registration 28. On-premises Exchange 29. the Registrar General's power to add to, amend or vary the conditions, mengkansel part Vi management of private higher educational institutions 30. The Constitution of private higher educational institutions 5 31. Appointments and registration Chief Executive 32. Regulations on the registration of the executive head 33. duty of the Chief Executive of 34. Application under the Act shall be made by the Chief Executive of 35. notice, request information and communication should be directed to the Chief Executive of 36. people who are not eligible are involved in the management of private higher educational institutions 37. the Registrar General's power to act against the Chief Executive of part Vii Operating courses of study at private higher educational institutions 38. prior approval of the Minister and the combination of courses of study, etc.
39. The authorities which determine quite the rarity of educational facilities and quality assurance courses of 40. Grant of approval subject to 41. medium 42. Minister's power to direct that the national language used 43. the compulsory subjects 44. minimum must be met before a certificate, diploma or degree can be awarded 45. power of Minister to make regulations for the supervision and control of standard education part Viii 46 Student discipline and conduct. The disciplinary authority in respect of 47 students. prohibition on students, student association, etc., affiliated with political parties, the organization is not valid, etc.
48. criminal liability principle, etc., in the students ' Association, etc.
49. the Registrar General's power to issue instructions to suspend or dissolve the Association of students, etc.
Section laws of Malaysia Act 555 6 50. Regulations on the removal of students teaching Permit 51 part iX. The issuance of a permit to teach 52. the powers of the Registrar General not to issue and revoke the permit to teach 53. the right to make representations shall be given and the reason for the cancellation of the part X the cancellation approval and Registration PengkanSelan 54. the reason for the cancellation of the approval of 55. the reason for pengkanselan registration 56. notice to revoke the approval and registration of mengkansel 57. the decision shall be based on documents and hearing orally are not allowed to part Xi closure of private higher educational institutions 58. Minister's power to issue instructions to protect the interests of students of 59. Cessation of business activities of 60. notice of intention to close 61. The arrangements for continuation of the 62 students education. Return of certificate of part Xii inspection of private higher educational institutions 63. Inspection must be made from time to time 64. the Registrar General's power while examining private higher educational institutions private higher educational institutions Section 7 part Xiii Enforcement and Investigations Section 65. interpretation of investigating officer 66. the investigating officer 67. the power to search and seize 68. Search and seize without warrant 69. power to lock in 70. power to call for the purpose of inspection of 71. There are no rights over the cost of the proceeding, loss or other relief, etc.
Part XiV of the offence and penalty 72. prohibition on advertising, etc.
73. advertising control 74. interpretation of advertising 75. offences and penalties in relation to a statement that is false or misleading 76. The establishment of private higher educational institutions, etc., prohibited unless by Act 77. offences and penalties in relation to the award of certificate, diploma and degree 78. Penalties for breach of conditions 79. offences and penalties in relation to an application made under the Act 80. offences and penalties in relation to invalid activity 81. offences and penalties in relation to the certificate of registration and the Act of teaching in private higher educational institutions 82. 83. General penalty Penalties in the case of continuous offences 84. offences by body corporate 85. liability of company directors, etc., for offences committed by private higher educational institutions established by 86. power to compound 87. initiate and conduct a prosecution laws of Malaysia Act 555 8 section XV of the Regulations Section 88. power of Minister to make regulations Part XVi General 89. distinguish between race and creed prohibited 90. Protection from legal action and legal proceedings 91. Officers are deemed to be public servants 92. Minister's power to exclude 93. the requirements of premises 94. Delivery of 95. disapplication of Part XVii savings and Transitional Provisions 96. Savings and transitional provisions relating to the private higher educational institutions existing 97. Conversion of temporary registration certificate 98. power of Minister to make additional transitional provisions 99. Transitional provisions relating to the private higher educational institutions teacher 9 laws of Malaysia Act 555 private higher educational institutions Act 1996 an act to provide for the establishment, registration, management and regulation, and 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 rest – 31 December 1997, P.U. (B) 542/1997] that higher education has a vital role for the success of vision towards academic excellence and for the improvement of professionalism and technical as well as meet the needs of the country's workforce and that acknowledges the role of: private higher educational institutions in providing adequate education infrastructure and improve the ability to meet the demand for higher education: and whereas it is important for providing facilities and regulating private higher educational institutions in order to ascertain developmentally healthy and the provision of quality education by it: so, therefore, this is 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: laws of Malaysia Act 555 10 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 such date as the Minister may, by notification in the Gazette, and the Minister may prescribe different dates for different provisions in this Act.
interpretation 2. In this Act, unless the context otherwise requires — "national languages" means the English as determined in article 152 of the Constitution;
"book" includes record information and accounting records or accounting, how whatsoever compiled, recorded or stored;
"diploma" means a diploma awarded to someone after the conclusion of the following successfully planned course of study that leads to the award of the diploma or equivalent;
"prescribed" means prescribed by regulations made under this Act;

"constituent document" means the statutes, Charter, memorandum and articles of the Association, rules and by-laws, partnership agreement or other instruments under it or through it the applicant, with the exception of one applicant singles, for the establishment of private higher educational institutions, incorporated and in which the structure of the Organization and its administration, the scope of its functions, the managing authority and obligations as stated, whether in a single document or more;
"prescribed fee" means the fees that are required to be prescribed under this Act;
Private higher educational institutions 11 "combination" includes the handling of twinning programmes;
"teacher" means a person employed by the private higher educational institutions to become teachers and includes senior professors, professors, assistant professors, senior lecturers, lecturers, assistant lecturers and tutors;
"degree" means a degree awarded to someone at the Bachelors degree level or at the Masters or doctoral level successfully after the conclusion of the following courses of study are planned so as to lead to the award of the degree or equivalent;
"private higher educational institution" means an educational institution, including University or University College or branch campus approved and registered under this Act, which is not established or maintained by the Government — (a) that provides higher education;
(b) which provide distance learning; or (c) that provides higher education or distance learning in merged, associate or cooperate with — (i) private higher educational institution approved and registered under this Act;
(ii) other higher educational institutions — (aa) whether or not established under any other written law; or (bb) whether within or outside malaysia;
(iii) University or University College established under this Act;
(iv) University or University College established under the universities and University Colleges Act 1971 [Act 30];
(v) the University or another University College — (aa) whether or not established under any other written law; or (bb) whether within or outside malaysia;
Laws of Malaysia Act 555 12 (vi) branch campus; or (vii) professional bodies whether in or outside malaysia which leads to the award of membership of the professional body the professional;
"campus branch" means a branch of the private higher educational institutions or universities and university colleges include branches of the University or University College abroad, established under this Act;
"approval" means approval in writing;
"Chief Executive Officer" means the Chief Executive of the private higher educational institutions;
"Registrar General" means the Chief Registrar of the private higher educational institutions appointed under subsection 3 (1);
"University College" and "University" means the private higher educational institutions provided the standard of University or University College under section 21, and includes private higher educational institutions affiliated with universities or university colleges either within or outside of malaysia, given the standard of University or University College;
"course of study" includes training programmes;
"Board" means the Board of Directors of the company who set up private higher educational institutions;
"student" means a person who receives education, teaching, training or teaching of or in the private higher educational institutions;
"applicant" means an applicant for establishment of private higher educational institutions and includes any person, group of persons, incorporated or unincorporated, and whether or otherwise established by constituent documents;
"Registrar" means the Registrar of private higher educational institutions appointed under subsection 3 (2);
"distance education" means teaching or training on higher education or teaching — (a) by electronic media alone;
Private higher educational institutions 13 (b) by a mere letter;
(c) partly via electronic media and partly through letters and methods of teaching, training or teaching others; or (d) that part is through electronic media and partly through a letter or a method of teaching, training or teaching others;
"higher education" means teaching or training on or teaching courses of study leading to the award of a certificate, diploma or degree after it has expired follow successfully the course of study;
"Assistant Registrar" means the Assistant Registrar of private higher educational institutions appointed under subsection 3 (2);
"Educational services" means the public service under paragraph (1) (h) of article 132 of the Federal Constitution;
"Constitution" in any context in relation to a private higher educational institution means the Constitution of the private higher educational institutions;
"premises" means a building used as a private higher educational institutions and includes buildings for the purpose of providing accommodation and other facilities for students and staff of the institution;
"certificate" means the academic qualifications awarded to someone after such person ceases to follow successfully a planned course of study that leads to the award of the certificate or equivalent;
"letter" means a letter delivered by hand or by post;
"company" means a company incorporated under the companies Act 1965 [Act 125] which established a private higher educational institution under this Act;
"Deputy Registrar" means the Deputy Registrar of the private higher educational institutions appointed under subsection 3 (2);
Laws of Malaysia Act 555 14 "Deputy Registrar" means the Deputy Registrar of private higher educational institutions appointed under subsection 3 (2).
Part ii administration Registrar General Appointment, Deputy Chief Registrar, etc., and their duties 3. (1) there shall be a Chief Registrar of private higher Education institutions shall be appointed by the Minister from amongst the officers in the service of education.
(2) the Minister shall also appoint a Deputy Chief Registrar and so the number of Registrar, Deputy Registrars and assistant registrars of private higher educational institutions, as he may deem necessary for the purposes of this Act.
(3) the Registrar General shall have the authority and perform the functions conferred upon him by this Act, and during his absence the powers and functions of such may be owned or carried out by the Deputy Chief Registrar.
(4) the Deputy Registrar General, Registrar, Deputy Registrar and Assistant Registrar shall be under the direction and control of the Chief Registrar.
(5) the Deputy Registrar General, Registrar, Deputy Registrars and assistant registrars may exercise all the powers and functions conferred upon the Registrar General by or under this Act, subject to any restrictions imposed by the Registrar General.
Minister's power to issue general instructions 4. (1) the Minister may, from time to time, give an officer appointed under this section of a general instruction, which in accordance with the provisions of this Act, about 15 Private higher educational institutions in the exercise of the powers and discretion given to the officer by this Act and the obligations to be fulfilled by the officer under this Act.
(2) a direction given under subsection (1) may be in relation to matters that are found by the Minister touched policies, strategies and guidelines of national higher education formulated and decided by the national higher education Council established under the national higher education Council Act 1996 [Act 546].
(3) the officer to whom the instruction given under this section shall perform every command it.
Minister's power to issue special instructions 5. the Minister may, from time to time, giving the Board of Directors, Chief Executive or employee of the private higher educational institutions, the instructions in accordance with the provisions of this Act relating to matters in respect of which regulations may be made under this Act, and the Board of Directors, Chief Executive or employee concerned shall perform every command it.
Part iii the establishment of private higher educational institutions application for approval 6. (1) the approval of the Minister shall be obtained prior to a private higher educational institutions can be established or maintained.
(2) an application for approval under this section shall be made to the Chief Registrar — (a) in the prescribed form and in the prescribed manner;
(b) accompanied fi set;
Laws of Malaysia Act 555 16 (c) by submitting the same to the application — (i) a comprehensive plan for the establishment and maintenance of ins t i th i s pend fish id t ingg i swas ta proposed;
(ii) a copy of the draft Constitution of the private higher educational institutions proposed; and (iii) if the applicant — (aa) a person, its financial position report from jurubanknya; or (bb) not a person — (A) a copy of the document konstituennya that properly verified through statutory declaration made by a duly authorized officer of the applicant; and (B) a copy of the audited balance sheet, profit and loss account and report, the most recent, if any, by the Auditors and directors of the applicant, if applicable; and

(d) any information, particulars or other documents as may be requested by the Registrar General for the purpose of determining the application and suitability of the applicant.
(3) At any time after receipt of the application and before it is determined by the Minister, the Registrar General may by notice in writing require the applicant provide information, particulars or additional documents.
(4) the matters specified in subsection (2) and required under subsection (3) may be different from the applicant, class, category or description of different applicants. (5) an application under this section may be revoked at any time before it is approved or rejected.
(6) if the information, particulars or additional documents required under paragraph (2) (d) or subsection (3) is not private higher educational institutions 17 given by the applicant within the time specified or extension of time granted therefor, then the application — (a) shall be deemed to have been withdrawn; and (b) cannot be continued, without prejudice to the right of the applicant to apply for a new one.
other interests shall be disclosed by the applicant 7. without prejudice to section 6, the applicant shall disclose or give the information in respect of an application — (a) any other approval has been granted to the applicant under this Act;
(b) any financial interest whatever shall belong to the applicant in the business of any other person or company who provide or manage higher education institution whether within or outside malaysia;
(c) any interest or rights owned by others in the business of the applicant and in the case of an applicant which is a company, any right which by others to name the directors of the applicant;
(d) the applicant's other business dealings; and (e) any financial interest whatever else or rights owned by another person or company in the business to another applicant.
the Registrar General shall make recommendations to the Minister 8. the Registrar General shall, upon application duly made in accordance with section 6 and 7, and after being given all the information, details and documents required by the Registrar General under the section — (a) take appropriate action to check the application;
(b) approval of the Constitution; and the laws of Malaysia Act 555 18 (c) make recommendations to the Minister as to whether approval may be granted or denied and the conditions, if any, to be imposed by the Minister.
the Chief Registrar may refuse to proceed with action on application 9. the Chief Registrar may refuse to proceed with action on an application, and may require that the application is amended or completed properly and submitted again or that a new application is submitted in order to replace it if — (a) the application form as may be prescribed are not completed properly due to the omission or false description;
(b) the application form contains errors or alteration; or (c) the application does not comply with the requirements specified.

Grant of approval or rejection of the application by the Minister 10. (1) after receiving and considering the recommendation of the Registrar General under section 8, the Minister may — (a) give the approval for the establishment of private higher educational institutions, with conditions or without conditions; or (b) reject the application without giving reasons for such rejection.
(2) where the Minister rejects an application, the Registrar General shall notify the applicant of such refusal in writing.
(3) the Minister may, on giving approval under subsection (1), request the applicant to pay the f i specified.
(4) the decision of the Minister under this section is final.
Private higher educational institutions 19 approval will not be granted unless the Minister is satisfied 11. An application for the establishment of private higher educational institutions will not be approved by the Minister unless he is satisfied that — (a) the applicant is able to provide adequate educational facilities for the establishment of the private higher educational institutions;
(b) the applicant is able to provide management and administration affordable and efficient for the exercise was supposed to be the private higher educational institutions;
(c) adequate steps had been taken to ensure and maintain the level of education provided by the private higher educational institutions;
(d) has held stewardship system proper for private higher educational institutions and the Constitution to be approved by the Registrar General;
(e) the applicant itself is not or any member or partner of the applicant is not a person who has been convicted of an offence involving fraud or dishonesty or a bankrupt that has not been released, if the respective application is made by a person or group of persons or firms; and (f) No person who has been convicted of an offence involving fraud or dishonesty or is a bankrupt that has not been released — (i) hold office as a Director, Manager or Secretary or Office or other similar position, if application is made by the company; or (ii) holds the position of President, Secretary or Treasurer or Office or other similar position, if application is made by the organisation.
Laws of Malaysia Act 555 20 applicant shall form a company in the State 12. (1) when the approval given, if a successful applicant that is not a company incorporated in the State, the applicant shall, within one year from the approval, be notified of incorporating a company in the State — (a) that has issued and paid-up capital in the amount determined by the Minister;
(b) subject to any terms and conditions regarding equity participation and membership of the Board of Directors as determined by the Minister; and (c) the sole purpose of which is to establish and manage private higher educational institutions set out in the memorandum and articles of the Association.
(2) the approval of the Chief Registrar of the memorandum and articles of Association proposed shall be obtained before the application is made for incorporating the company.
(3) if the applicant fails to form a company in the State within the time specified in subsection (1), the approval granted for establishment of private higher educational institutions shall be deemed to have been withdrawn unless an extension of time was granted by the Registrar General.
(4) Notwithstanding paragraph (1) (b), if the applicant is an individual he should at all times — (a) has a controlling interest in the company; and (b) hold any voting shares percentage in the company as determined by the Minister.
the same conditions should be imposed on the company 13. The same conditions as in paragraph 12 (1) (a), (b) and (c) may apply to the company to which an approval under this section shall be given.
Private higher educational institutions 21 reference company 14. for the purposes of section 15, 16 and 17, a reference to the company is a reference to the company to which the approval under this part has been given and the company which is established under section 12.
approval for the change or changes with respect to the company 15. unless the Registrar General has obtained approval in advance, a company cannot change or amend — (a) its name;
(b) its issued and paid-up capital;
(c) equity participation;
(d) the membership of its Board of Directors; and (e) the memorandum and articles of her.
Notification of change of address 16. A company should notify the Registrar General about change of address its business, within fourteen days of the changeover.
Information to be supplied to the Registrar General upon his request 17. It shall be the duty of every company to provide when requested by the Chief Registrar, within a period specified by him, details of — (a) of any financial interest whatever else that belonged to other people in the company's business or right which by others to name a Director of the company; and (b) on any interest or rights owned by the company in the business of others whether in relation to education or otherwise.
Laws of Malaysia Act 555 22 establishment of branches, or merge, etc., private higher educational institutions with other 18. (1) the approval of the Minister shall be obtained prior to private higher education institutions to set up branches or affiliated, associated or cooperating with any other higher education institution, whether private or public.
(2) an application for approval under subsection (1) shall be made to the Chief Registrar — (a) in the prescribed form and in the prescribed manner; and (b) accompanied the fee specified.
(3) At any time after receipt of the application and before it is determined by the Minister, the Registrar General may require by notice in writing to the information, particulars or additional documents.
(4) if the information, particulars or additional documents required under subsection (3) is not given within the time prescribed in the requirement or any extension of time, the application — (a) shall be deemed to have been withdrawn; and (b) cannot be continued, without prejudice to the right of the applicant to make a new application.

(5) the Registrar General shall, upon application duly made under this section and after given all the information, details and documents as required under subsection (4) — (a) take appropriate action to check the application; and (b) make recommendations to the Minister as to whether the application should be allowed or denied and the conditions, if any, that may be imposed by the Minister.
(6) upon receiving and considering the recommendation of the Chief Registrar, the Minister may — (a) give an approval under subsection (1), with or without conditions; or private higher Education Institution 23 (b) refuse the application without assigning any reason for such rejection.
(7) if the Minister rejects the application, the Registrar General shall notify the applicant of such refusal in writing.
(8) the Minister may, on giving approval under paragraph (6) (a), require that private higher education institutions that pay any amount of the fee prescribed.
(9) the decision of the Minister under this section is final.
prior approval of the Minister on the arrangement or agreement 19. (1) private higher education institutions cannot make arrangement or agreement — (a) to sell, dispose of or develop again; or (b) to take any action that would affect a material, its business in relation to education either by consolidation or otherwise, unless approved by the Minister.
(2) an application for approval under this section shall be made to the Chief Registrar — (a) in the prescribed form and in the prescribed manner;
(b) accompanied fi set; and (c) by submitting the same to the application — (i) a copy of the proposed agreement or arrangement; and (ii) all of the information, details and other documents related to directly and not the laws of Malaysia Act 555 24 directly with the arrangement or agreement or relevant for its consideration.
(3) At any time after receipt of the application and before it is determined by the Minister, the Registrar General may by written notice require information, particulars or additional documents.
(4) where any information, particulars or additional documents required under subsection (3) is not given within the time prescribed in the requirement or any extension of time, the application — (a) shall be deemed to have been withdrawn; and (b) cannot be continued, without prejudice to the applicant to make a new application.
(5) the Registrar General shall, upon application duly made under this section and after given all information, particulars and documents requested by it under subsection (3) — (a) take appropriate action to check the application; and (b) make recommendations to the Minister about whether the application — (i) may be approved or rejected; and (ii) about the modification, alteration or conditions, if any, subject to him its approval.
(6) upon receiving and considering the recommendation of the Chief Registrar, the Minister may — (a) approve the application with or without any modification, alteration or condition; or (b) reject the application without assigning any reason for such rejection.
(7) if the Minister rejects the application, the Registrar General shall notify the applicant of such refusal in writing.
Private higher educational institutions 25 (8) the Minister may, on giving approval under paragraph (6) (a), require that private higher education institutions that pay any amount of the fee prescribed.
(9) the decision of the Minister under this section is final.
The Minister may vary the conditions 20. the Minister may at any time — (a) vary, mengkansel, change or add to any conditions under — (i) of paragraph 10 (1) (a);
(ii) of paragraph 12 (1) (a), (b) and (4) (b);
(iii) subsection 18 (6); and (iv) subsection 19 (6); or (b) impose new or additional conditions under the provisions set out in paragraph (a), the Minister may think fit to carry out the provisions of this Act.
Part iV the establishment of private higher Education institutions universities, University Colleges And the establishment of a branch campus, University College and University branch campus 21. the approval of the Minister shall be obtained prior to the establishment of private higher education institutions universities or university colleges or the second-branch campus or branch campuses of each university or University College overseas.
Laws of Malaysia Act 555 26 Application for establishment made upon invitation 22. (1) an application for approval under section 21 may be made to the Minister on a pelawaannya to do so.
(2) the Request under subsection (1) may be made to the applicant proposed, including to the universities and university colleges overseas and branch campuses abroad, either directly or through announcements in the media or otherwise.
This Act shall apply to University, College and University campus Branch 23. except as expressly provided under sections 21 and 22 all provisions of this Act shall apply to private higher education institutions universities or university colleges or the second-branch campus or branch campuses of each university or University College of Foreign Affairs established under this section.
Part V registration of private higher educational institutions all private higher educational institutions must be registered 24. (1) every private higher educational institutions shall be registered under this part.
(2) an application for registration shall be made to the Chief Registrar — (a) within five years from the date of approval for establishment of private higher educational institutions granted under part iii;
(b) in the prescribed form and in the prescribed manner;
(c) the prescribed fee accompanied; Private higher educational institutions and 27 (d) together with comprehensive fee structure to be imposed on the students on each course of study.
(3) if the private higher educational institutions is not registered within the time specified in paragraph (2) (a), the approval provided for its establishment under part iii shall be deemed to be withdrawn unless an extension of time is granted by the Minister.
(4) At any time after receipt of application for registration and before it is determined, the Registrar General may, by notice in writing, require the private higher educational institutions that provide information, particulars or additional documents.
(5) the requirements under subsection (4) may be different between the different description of the private higher educational institutions.
(6) the application for registration may be withdrawn at any time before it is allowed or denied.
(7) subject to subsection (3), if the information, particulars or additional documents required under subsection (4) is not given within the time prescribed in the requirements or an extension of time, the application — (a) shall be deemed to have been withdrawn; and (b) cannot be continued, without prejudice to the private higher educational institutions to make new applications.
(8) the Registrar may refuse to proceed with an application and may request that the application is amended or completed and produce it again or submit a new application to replace it if — (a) the prescribed application form is not completed properly due to the omission or false description;
(b) the application form contains errors or alteration; or laws of Malaysia Act 555 28 (c) the application does not comply with any requirements that may be prescribed.
(9) the Registrar General shall, on an application for registration made accordingly and after any investigation it considers necessary — (a) register and issue a certificate of registration to private higher education institutions that once paid the prescribed fees; or (b) refuse the application.
(10) the Registrar may impose such conditions as he may deem necessary upon registration.
(11) the private higher educational institutions which aggrieved by the decision of the Chief Registrar — (a) refuse the application for registration; or (b) impose any conditions under subsection (10), may appeal to the Minister, within twenty one days of be notified of the decision appealed against.
(12) where there is an appeal made under subsection (11), the Registrar General shall prepare and submit to the Minister the reason thereof.
Register of private higher educational institutions 25. (1) the Registrar shall keep or cause to be kept a register of private higher education institutions in the form and in the prescribed manner.
(2) the public can search on Express upon payment of the prescribed fee.
Registration certificate shall be displayed 26. (1) for the purposes of this part, a private higher education institution shall be known with the premises used for its meaning.
Private higher educational institutions 29 (2) a copy of the certificate of registration issued under paragraph 24 (9) (a) shall be exhibited in conspicuous place in the premises of the private higher educational institutions.
Refusal of registration 27. the Chief Registrar may refuse to register a private higher education institution if he is satisfied — (a) that private higher education institutions of the same or any part thereof, on the ground of safety and health — (i) is not suitable for use as educational institutions;

(ii) do not have adequate and satisfactory for recreation of students;
(iii) is located in inappropriate places;
(iv) is not suitable due to fire hazard; or (v) is otherwise a dangerous building;
(b) that the private higher educational institutions is likely to be used for the purpose of providing education, teaching or training deemed by the Chief Registrar, for any reason, as harmful to the interests of malaysia, the public or students;
(c) that the name of the private higher educational institutions with it is registered is in the opinion of the Registrar General, inappropriate; or (d) that the proposed fee structure for students is not practical.
On-premises Exchange 28. (1) private higher education institutions cannot be moved premises without the approval of the Chief Registrar in advance.
(2) an application for the registration of new premises of private higher education institutions should be made to the Registrar General in the laws of Malaysia Act 555 30 prescribed form and in the prescribed manner and upon payment of the prescribed fee.
(3) private higher educational institution who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
the Registrar General's power to add to, amend or vary the conditions, mengkansel 29. the Registrar General may, at any time, using its discretion — (a) to add, amend, mengkansel or vary any conditions of registration; or (b) impose new registration or additional terms.
Part Vi private higher educational institutions Management Constitution 30. (1) subject to the provisions of this Act, every private higher educational institutions shall be managed by following its Constitution strictly.
(2) the Constitution shall not be amended without the prior approval of the Chief Registrar in advance.
Appointments and registration Chief Executive 31. (1) every private higher educational institutions shall appoint a Chief Executive.
(2) a person appointed as the Chief Executive shall be registered under this part.
Private higher educational institutions 31 (3) the Registrar General may refuse to register or registration mengkanselkan a Chief Executive — (a) if it has been proved against him, or he has been convicted, the charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
(ii) an offence under the law relating to corruption; or (iii) any other offence punishable with imprisonment (offence itself or as a supplement to or replacement of a fine) for more than two years;
(b) if he is or becomes a bankrupt;
(c) if he is not of unsound mind or otherwise unable to meet its obligations;
(d) if he is acting in a manner prejudicial to the interests of malaysia, the public or students; or (e) if his appointment under subsection (1) is cancelled.
Regulations on registration of Chief Executive 32. without prejudice to the generality of the power of Minister to make regulations, the Minister may make regulations about registration procedures and Chief Executive can set the fees to be charged for the registration.
duty of the Chief Executive of 33. the Chief Executive shall, subject to the provisions of this Act and the Constitution of the private higher educational institutions, carry out general supervision over the arrangements for teaching, administration, managing day to day, welfare and discipline in the private higher educational institutions.
Laws of Malaysia Act 555 32 application under the Act shall be made by the Chief Executive of 34. Applications in connection with and for the purposes of private higher educational institutions shall be made by the Chief Executive, unless otherwise provided.
notice, request information and communication should be directed to the Chief Executive of 35. If — (a) the notice required to be served on the private higher educational institutions under this Act;
(b) any information required to be provided by private higher educational institutions under this Act; or (c) any other relationship is necessary between the Registrar General and private higher educational institutions, it should be directed to the executive head, unless otherwise provided.
Persons not eligible to engage in private higher education institutions management 36. No-one ever — (a) a member of the Board of Directors of the company which set up;
(b) the Chief Executive; or (c) directly involved with management or business, a private higher education institution that is closed under part Xi can act in the same respect private higher education institution to another, without the approval of the Minister.
Private higher Education institutions in 33 power Chief Registrar to act against the Chief Executive of 37. (1) in addition to the powers of the Registrar General under subsection 31 (3), if the Chief Executive of — (a) is acting or intends to act in unreasonable with respect to the exercise of the powers conferred or performance of obligations imposed under this Act; or (b) was not fulfilling the obligations imposed on it under this Act, the Registrar General may after giving the Chief Executive an opportunity to make representations — (aa) gave to the Chief Executive instruction in writing of the exercise of its powers or the performance of its obligations as may be found expedient by the Registrar General; or (bb) mengkanselkan registration Chief Executive. (2) the Registrar General shall give the Chief Executive a notice in writing of its decision to the Chief Executive mengkanselkan registration under paragraph (1) (bb) and such decision shall come into force from the date of the written notice delivered to the Chief Executive.
(3) if the Chief Executive of aggrieved by the decision of the Registrar General under paragraph (1) (bb), he may, within twenty one days from the delivery of the decision, appeal to the Minister.
(4) if at any time, a private higher education institution, does not have a Chief Executive appointed under this Act then the Registrar General may appoint any person as the Chief Executive for a temporary period until the private higher educational institutions to appoint its own Chief Executive.
(5) a temporary period under subsection (4) shall not exceed three months and the person appointed as such — (a) need not be registered; and the laws of Malaysia Act 555 34 (b) shall be paid a salary and his remuneration by private higher educational institutions that, in the specified amount of the Registrar General.
(6) If after a period in subsection (4) runs out, private higher educational institutions that do not appoint a Chief Executive, then the registration of private higher educational institutions can then be dikanselkan by the Registrar General.
Part Vii Operating courses of study at private higher educational institutions of prior approval of the Minister and the combination of courses of study, etc.
38. (1) the approval of the Minister shall be obtained prior to a private higher educational institution — (a) can handle a course of study or training programme;
(b) can handle a course of study or training programme in association or merge, associate or cooperate with any universities, University colleges, higher education institutions, whether public or private, or professional bodies, within or outside malaysia.
(2) private higher educational institutions which violate the provisions of this section commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or both.
Authorities determine quite the rarity of educational facilities and quality assurance courses 39. the Minister could not give his approval under section 38 unless he is satisfied — (a) with the appropriate Setup in relation to educational facilities; Private higher educational institutions and 35 (b) by quality assurance of courses of study or training programme, based on the recommendations made by the authorities established under law for such purpose.
Grant of approval subject to conditions 40. (1) when giving approval under this section, the Minister may impose — (a) the conditions as he thinks fit; and (b) the fee prescribed.
(2) where a private higher education institution in breach of conditions imposed under subsection (1), he commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
The medium 41. (1) all private higher educational institutions shall operate his course of study in the national language.
(2) the course of study under subsection (1) shall include the subjects are required to be taught under section 43.
(3) Notwithstanding subsection (1), private higher educational institutions may, with the approval of the Minister: (a) conducting a course of study or a substantial part of a course of study in English; or (b) operate the teaching of islam in Arabic.
(4) if any course of study or a substantial part of any course of study at any of the private higher education institutions conducted in English laws of Malaysia Act 555 36

or Arabic, the national language shall be taught as a compulsory subject for students who attend such courses in the language.
(5) in the case of students mentioned in subsection (4) which is a Malaysian, an achievement in the national language, at the level specified by the authority referred to in section 39, shall be a prerequisite for the award of a certificate, diploma or degree of the private higher educational institutions or universities, University colleges, higher education institutions, whether public or private, or professional body, in or outside malaysia , following a course of study or training programmes conducted by private higher educational institutions the Association or affiliated, associated or partnered with universities, University colleges, higher education institutions or professional body that.
Minister's power to direct that the national language used 42. (1) in respect of the approval given by the Minister under paragraph 41 (3) (a) the Minister may at any time thereafter directing that the national language used to run the course of study.
(2) the directions of the Minister under subsection (1) — (a) shall apply only for a student who is a citizen of malaysia for the new intake of private higher education institutions that have not yet started to follow the course of study; and (b) shall not apply to other students who attend such course of study unless the Minister is satisfied that the instruction will not harm them.
(3) the Minister may impose such conditions on the private higher educational institutions for the purpose of implementing the instructions under subsection (1).
43 compulsory subjects. (1) all private higher educational institutions shall be taught the following subjects: (a) citizenship;
Private higher educational institutions (b) 37 studies relating to Islamic religious instruction for students who profess islam; and (c) moral education for students of non-Muslims.
(2) the subjects referred to in paragraph (1) (a) to (c) shall be taught in addition to the subjects or other course of study taught in private higher educational institutions.
(3) in the case of a student who is a Malaysian, approval in the subjects specified in paragraph (1) (a) to (c), at a frequency determined by the authority referred to in section 39, shall be a prerequisite for the award of a certificate, diploma or degree in private higher educational institutions or universities, University colleges, higher education institutions, whether public or private, or professional bodies , in or outside malaysia, following a course of study or training programmes conducted by private higher educational institutions the Association or affiliated, associated or partnered with universities, University colleges, higher education institutions or professional body that.
minimum must be met before a certificate, diploma or degree can be awarded 44. (1) all certificates, diplomas and degrees can only be awarded when they reach the minimum level specified by the authority referred to in section 39.
(2) Notwithstanding any other provision of this Act, only a private higher educational institutions or universities or University College branch campus may award a degree.
power of Minister to make regulations for the supervision and control of standard education 45. the Minister may make regulations for the supervision, regulation and control of standard education in private higher education institutions according to the minimum level specified by the authority referred to in section 39.
Laws of Malaysia Act 555 38 part Viii discipline and conduct Student disciplinary authority in respect of the 46 students. (1) the Chief Executive shall be responsible for discipline and student behavior in the private higher educational institutions.
(2) in fulfilling its obligations under subsection (1), the Chief Executive shall comply with and implement the instructions issued by the Chief Registrar from time to time in respect of discipline and behavior of students of the private higher educational institutions.
prohibition on students, student association, etc., affiliated with political parties, the organization is not valid, etc.
47. (1) the Constitution of private higher educational institutions shall include the prohibition of — (a) on a person, while he became a student of the private higher educational institutions, from becoming members or in any way affiliated with any political party, Trade Union, organization, Association, organization, body or group, unless authorised by the Registrar General — (i) whether or not it was established under any law; and (ii) whether within or outside malaysia;
(b) on the Organization, Association, organization, body or group of students of the private higher educational institutions, associated or other even have all whatsoever with any political party, Trade Union, organization, Association, organization, body or group, unless authorised by the Registrar General — (i) whether or not it was established under any law; and (ii) whether within or outside malaysia;
Private higher educational institutions 39 (c) on a person, while he became a student of the private higher educational institutions, and any organization, Association, organization, body or group of students private higher educational institution stating or doing any of the things that can be regarded as — (i) expressed support and sympathy to or resistance to any political party or trade union; or (ii) expressed support or sympathy to any organization, Association, organization, body or group that is not valid.
(2) if at any time the Constitution contains no provision under subsection (1), the Registrar General may order the private higher educational institutions include the into the Constitution.
(3) if the private higher educational institutions that do not comply with an order issued by the Registrar General under subsection (2), the Registrar General may mengkanselkan registration.
(4) a student who contravenes or fails to comply with the provisions of the Constitution required that provided for in the Constitution under subsection (1), commits an offence and shall, on conviction, to a fine not exceeding one thousand dollars.
(5) private higher educational institutions shall also be liable for an offence under subsection (4) — (a) for not following its Constitution; and (b) shall on conviction be liable to a fine not exceeding ten thousand dollars, unless the private higher educational institutions of the satisfaction of the Court — (aa) that the offence committed without the knowledge or pembiarannya; and (bb) that it has conducted all due diligence to prevent the occurrence of the offence.
Laws of Malaysia Act 555 40 (6) conviction of private higher educational institutions under subsection (5) may be used as a reason for cancelling the approval of its establishment.
(7) for the avoidance of doubt, societies, associations, organizations, bodies and groups referred to in paragraph (1) (a) does not include any organization, Association, organisation, group and student body established under the provisions of the Constitution of private higher education institutions that regulate such establishment.
criminal liability principle, etc., in the students ' Association, etc.
48. (1) subsection (2) shall apply in the event of an offence committed under any written law — (a) whether or not any person has been convicted in respect of; or (b) include if it was done or purported to be done in the name of or on behalf of any organization, Association, organization, body or group of students of the private higher educational institutions.
(2) Every holder of Office organisation, Association, organization, body or group and every person who manages or assists in the management of the Organization, Association, organization, body or group that at the time of the offence made — (a) shall be deemed to have committed the offence; and (b) may be subject to penalties prescribed by the law, unless he satisfies the Court that the offence was done without his knowledge and that he had do all such due diligence to prevent the occurrence of the offence.
(3) a holder of a position, or a person who manages or assists in the management of any organization, Association, organization, body or group that private higher Education Institutions 41 referred to in subsection (2), may be prosecuted under this section, even though he was probably not involved in committing the offence.
(4) in any prosecution under this section, the documents found were in the possession of — (a) an office bearer;
(b) any person who manages or assists in the management; or (c) a member, Association, organisation, organization, body or group shall constitute prima facie evidence of its contents for the purpose of proving that nothing has been done or purporting to have been made by or on behalf of the Association, organization, organisation, body or group that.
the Registrar General's power to issue instructions to suspend or dissolve the Association of students, etc.

49. (1) the Registrar General may direct the Chief Executive to suspend or dissolve any organization, Association, organization, body or group of students — (a) if the Organization, Association, organization, body or group that operated in such manner as the Registrar General considers as harm or prejudice — (i) safety and peacefulness;
(ii) public order; or (iii) the interests of students; or (b) if the Organization, Association, organization, body or group that violates any provision of any written law.
(2) the Registrar General cannot give directions under subsection (1) until after he telitikan consider the representations made by the Organization, Association, organization, body or group that.
Laws of Malaysia Act 555 42 (3) the Chief Executive shall take immediate action to implement the instructions of the Registrar General under subsection (1), and shall within twenty one days, notify the Registrar General informed of any such action taken by him.
(4) if the directions of the Registrar General under this section is not complied with, the Registrar General can mengkansel the registration of the Chief Executive.
Regulations on the removal of students 50. the Chief Registrar may prescribe, after consultation with the Minister, the rules for the removal of students in certain things.
Part iX Permit to teach Production permit to teach 51. (1) a person must obtain a permit to teach issued by the Registrar General before he can be allowed to teach in any of the private higher educational institutions.
(2) application for a permit to teach under this Act shall be made to the Chief Registrar in the prescribed form and in the prescribed manner and upon payment of the prescribed fee.
(3) at any time after accepting applications for teaching and get a permit before it is determined, the Registrar General may, by notice in writing, require that the applicant give information, particulars or additional documents, which can be distinguished depending on the different subjects to be taught by the applicant. (4) the Registrar may, after any investigation it considers necessary regarding the application for the permit to teach — (a) issue a permit to teach in the prescribed form and subject to such conditions as may be specified private higher Education Institutions to 43 persons applying permits it, and after the person pays the prescribed fee; or (b) refuse the application.
(5) a permit to teach shall specify the subjects or subjects-subjects can be taught by the person to whom the permit to teach issued.
(6) any person aggrieved by the decision of the Chief Registrar — (a) reject the application; or (b) impose conditions on the permit, may appeal to the Minister within twenty one days of be notified of the decision appealed against.
the powers of the Registrar General not to issue and revoke the permit to teach 52. (1) the Registrar may refuse to issue a permit to teach or cancel any permit to teach if he is satisfied that the person applying for the permit or to whom a permit has been issued — (a) does not have the qualifications to teach, or qualified in the opinion of the Registrar General is not sufficient for that purpose;
(b) make a false or misleading statement in relation to the application for the permit to teach or has been intentionally concealed a material fact;
(c) suffering from physical or mental defect or illness that make a person unfit to teach;
(d) if there has been proved against him, or he has been convicted of, a charge in respect of — (i) an offence involving fraud, dishonesty or moral turpitude;
Laws of Malaysia Act 555 44 (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (for that offence alone or in addition to or in lieu of a fine) for more than two years; or (e) for any reason, is not a fit and proper person to teach.
(2) if the Registrar General refused to issue a permit to teach or cancel any permit to teach, he shall notify the person who applied for the permit and the person permitnya cancelled that, by notice in writing, of the refusal or cancellation, stating the reasons for the refusal or cancellation.
(3) any person aggrieved by any decision of the Registrar General under this section may, within twenty one days from the decision was notified about, appeal to the Minister.
The right to make representations shall be given and the reason for cancellation is 53. (1) a permit to teach may be cancelled by the Registrar General after giving the person to whom it is issued the right to make representations.
(2) in addition to the reasons stated under paragraph 52 (1) (a) to (e), permit to teach may be revoked on the ground of the following: (a) that the permit holder to act in such manner as to affect or prejudice the interests of malaysia, the public or students; or (b) any other reason deemed fit by the Registrar General.
Private higher educational institutions 45 part X the cancellation of the approval and the reason for the cancellation of Registration PengkanSelan the approval of 54. (1) the Registrar may, under the direction of the Minister, submit to private higher education institution a notice of intention to revoke the approval of private higher education institutions that if the Minister is satisfied that it is expedient to do so on any of the following reasons: (a) that the approval of the private higher educational institutions has been obtained through any statement false or misleading;
(b) that there had been a breach of any of the conditions imposed by the Minister;
(c) that the level of education in the private higher educational institutions, it is not maintained properly;
(d) that the private higher educational institutions has been convicted of an offence under this Act or any other written law; or (e) any other reason deemed fit by the Minister in the interest of malaysia, the public or students.
(2) the ground under paragraph (1) (a) to (f) is in addition to any other reasons provided under any other provisions of this Act.
the reason for pengkanselan registration 55. (1) the Registrar General may serve to private higher education institution a notice of intention to mengkanselkan private higher educational institutions registration if he is satisfied that it is expedient to do so on any of the following reasons: (a) that registration of private higher educational institutions has been obtained through any statement that is false or misleading;
Laws of Malaysia Act 555 46 (b) that there had been a breach of any condition imposed by the Registrar General;
(c) that an offence has been committed under this Act;
(d) that the private higher educational institutions has been convicted of an offence under this Act or any other written law;
(e) that the discipline in private higher education institutions, it is not maintained properly;
(f) that the provisions of the Constitution of private higher education institutions that deliberately ignored; or (g) that the private higher educational institutions has been used contrary to the purpose of its establishment.
(2) the ground under paragraph (1) (a) to (g) are in addition to any other reasons as provided under any other provisions of this Act.
notice to cancel approval and registration mengkansel 56. (1) notice of intention to revoke the approval under section 54 or mengkanselkan for registration under section 55 shall state the grounds on which the cancellation of the approval or the registration pengkanselan proposed.
(2) private higher educational institutions shall be given an opportunity to make representations in writing thereon within twenty-one days from the date of service of the notice in subsection (1).
(3) after the expiry of twenty one days mentioned in subsection (2) and after considering any representations made under that subsection, the Registrar General shall — 47 private higher educational institutions (a) with respect to pengkanselan registration, decide whether or not — (i) to continue with the action proposed;
(ii) not to take further action;
(iii) to add, change or vary the conditions of registration; or (iv) to give a warning; or (b) in respect of the cancellation of the approval, make any recommendation to the Minister.
(4) the decision of the Registrar General under paragraph (3) (a) to mengkanselkan registration of private higher educational institutions shall be made with the consent of the Minister.
the decision shall be based on documents and hearing orally not allowed 57. decision of the Minister and the Chief Registrar in this section shall be made on the basis of documents relating to things in front of them, and cannot be held hearing orally about it.
Part Xi the closure of institutions of private higher education Minister's power to issue instructions to protect the interest of the students

58. (1) If on the kerelaannya own a Chief Executive told the Minister or, if the inspection is made under part Xii or for any other reason the Minister is of the opinion that a private higher educational institution — (a) cannot be unequivocal students;
(b) its business activities almost suspend; or laws of Malaysia Act 555 48 (c) is conducting its activities in ways that harm the interests of malaysia, the public or students, then the Minister may, without prejudice to the generality of the power of Minister to give directions under section 5, to protect Malaysian interests, the general public and students of the private higher educational institutions — (aa) direct that private higher education institutions concerned to take such steps as the Minister thinks fit to correct any item or repair any circumstances;
(bb) direct that a person or a Committee appointed, or the Minister himself appoint a person or a Committee to advise the Chief Executive on how the management of the private higher educational institutions; or (cc) take any action that the Minister considers necessary in the circumstances of the case to make the Affairs of the private higher educational institutions in accordance with the provisions of this Act.
(2) every instruction of the Minister made under subsection (1) or advice or instruction of a person or a Committee appointed under paragraph (1) (bb) shall be binding on the private higher educational institutions.
(3) all expenses incurred by the person or Committee appointed under paragraph (1) (bb) shall be paid by the private higher educational institutions.
(4) If a private higher educational institution fails to comply with any advice or instructions given to him by a person or Committee appointed under paragraph (1) (bb), the non-compliance that can be used as an excuse to cancel his approval.
59. The cessation of business activities An institution of private higher education shall stop its business activities and completed his course of study if — (a) approval for its establishment has been cancelled by the Minister;
Private higher educational institutions 49 (b) registration has been dikanselkan by the Registrar General;
(c) the Board of directors so decide;
(d) the company whom the private higher educational institutions have been established wound up — (i) by the Board of Directors of the company; or (ii) by order of the Court; or (e) the private higher educational institutions had to be closed for any other reason.
notice of intention to close 60. (1) a private higher educational institution which is to stop its business activities except for as stated in paragraph 59 (a) and (b) and subparagraph 59 (d) (ii), shall give notice of his intention to do so at least for a period of one calendar year before its closing.
(2) the notice under subsection (1) shall — (a) is given to the Registrar General by the Executive Head of the private higher educational institutions;
(b) delivered by registered mail an acknowledgement to the students of the private higher educational institutions; and (c) has been published in newspapers, at least one in the national language and one in any other language.
(3) if the closure of the private higher educational institutions was due in paragraph 59 (a) and (b) and subparagraph 59 (d) (ii), the private higher educational institutions shall be within twenty one days after notified about the decision of the Minister to cancel his approval, the decision of the Registrar General to mengkanselkan registration or order of the Court that the company wound up, as the case may be — (a) deliver its closing notice to students through registered letter acknowledgement; and the laws of Malaysia Act 555 50 (b) by posting the notice in the newspapers out of business, at least one in the national language and one in any other language.
(4) if the closure of the private higher educational institutions was due to reasons in paragraph 56 (e), the Chief Executive must seek direction from the Chief Registrar in respect of business notification.
(5) private higher educational institution who contravenes this section commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
The arrangements for continuation of education student 61. When the private higher educational institutions are closed, the Board of Directors shall — (a) makes any arrangement that does not harm or prejudice to the interests, welfare or the aspirations of students, as may be necessary, for the continuation of the education of the students of the private higher educational institutions;
(b) to notify the Registrar General about the arrangements made under paragraph (a);
(c) obtain the approval of the Chief Registrar before implementing arrangement; and (d) notify the Registrar General about the arrangement solutions after the arrangements were finalised.
Return of certificate of 62. When a private higher educational institutions are closed, the Chief Executive shall return the certificate of registration and certificate of registration of the private higher educational institutions to the Chief Registrar.
Private higher educational institutions 51 part Xii inspection of private higher educational institutions Inspection must be made from time to time 63. the Registrar General shall, from time to time, inspect or cause to be examined private higher education institutions registered under this Act for the purpose of ensuring that this Act and the regulations made under this Act have been and are being complied with.
the Registrar General's power while examining 64 private higher educational institutions. In carrying out the examination under section 63, the Chief Registrar may — (a) enter – (i) any area including buildings or structures on it which is owned or used by, either on a regular basis or otherwise, or whether registered or not for use, private higher educational institutions; or (ii) any premises;
(b) inspect any books, registers, documents, materials or other items that it considers necessary;
(c) remove and detain any book, register, document, material or other articles — (i) obtained by it may harm the interests of malaysia, the public or students; or (ii) that in its opinion, may be used as evidence of an offence committed under this Act; and (d) require any person, as a member of the Board of Directors, Chief Executive, employee or student of the private higher educational institutions, to submit to its inspection of any books, registers, documents, laws of Malaysia Act 555 52 materials or other items that are in the possession or custody or under his control or that are within his power to be — (i) in relation to the management of the private higher educational institutions; or (ii) in relation to the lessons conducted in the private higher educational institutions.
Enforcement and Investigation part Xiii interpretation of investigating officers 65. In this section, "investigating officer" means — (a) the Registrar General, Deputy Registrar General, Registrar, Deputy Registrars and assistant registrars;
(b) a police officer not below the rank of Inspector; and (c) any other public officer authorized in writing by the Registrar General to perform any duty relating to enforcement and investigation under this part as may be specified in the authorisation.
the investigating officer 66. (1) the investigating officer shall have all the powers necessary to carry out the investigation of an offence under this Act.
(2) the investigating officer conducting an investigation under this Act shall be entered any place or building and may examine, make copies, make extracts from, remove and detain any book, minutes book, register, documents, materials or items.
Private higher Education institutions, 53 (3) the investigating officer may, by notice in writing, require any person to furnish to him any books, books of hours, express, documents, goods or materials that are in its possession or custody or under the control of the person or are in power that person for granted.
(4) a person who — (a) not produce any books, minutes book, register, documents, materials or items required by an investigating officer; or (b) obstruct or impede an officer investigator who is exercising any power under this section, commits an offence, and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(5) the investigating officer may authorize any person to inspect the books, the minutes book, register, documents, materials or goods detained and taken possession of by the investigating officer under subsection (2) if the person is entitled under this Act to examine books, minutes book, register, documents, materials or items that.
(6) this section shall not be construed as limiting or touching anything the same powers granted to any person under any other written law.
the power to search and seize 67. (1) if found by the magistrate, instead of a written information made on oath and after such inquiry as he thinks necessary, that there is reasonable cause to believe that —

(a) any premises have been used or are being used or to be used for doing almost; or (b) there is in any premises required to prove abuse, laws of Malaysia Act 555 54 an offence under this Act, then the magistrate may issue a warrant which authorizes the investigating officer to, at any reasonable time either day or night and whether with help or without help — (aa) enter the premises, by force if necessary; and (bb) search and seize and remove therefrom any books, books of hours, express, materials, documents, articles or any other things — (i) in respect of which an offence has been committed;
(ii) in respect of which an offence suspected to have been committed; or (iii) reasonably believed could serve as evidence of the Commission of the offence.
(2) the investigating officer may — (a) break any external door or door in the premises or any fences, blockades, gates or other barriers to the premises in order to enter into it;
(b) remove by force any barriers to entry, search, seizure or removal in respect of which he has the power under subsection (1) to do; and (c) detain every person as it considers in the premises until the completion of the premises searched.

Search and seize without warrant 68. If an investigating officer has reasonable cause to believe that due to the delay to obtain a search warrant under section 67 then — (a) the investigation will be affected;
(b) the purpose of the entry may be terkecewa;
(c) books, the minutes book, express, documents, material, or any other thing that is sought may be moved or tampered with; Private higher educational institutions or 55 (d) evidence sought may be interrupted or destroyed, he may exercise, on and in respect of the premises, all the powers referred to in section 67 in a fully and adequately as if he has been given the power to do so through warrants issued under that section.
power to lock 69. (1) if the investigating officer has reasonable grounds to believe that any House, building, premises or other places used as private higher educational institutions — (a) without an approved and registered under this Act; or (b) in contravention of any conditions imposed by the Minister or the Chief Registrar, then the investigating officer may immediately take any steps it may deem necessary or by any way lock the private higher educational institutions.
(2) people who use home, building, premises or place that has locked it as private higher educational institutions shall be — (a) within twenty-one days from the locking to the Chief Registrar of the certificate of registration of the private higher educational institutions; and (b) bear any cost incurred arising from such action.
(3) the balance shall be opened if — (a) the person complies with the requirements of subsection (2); or (b) a court order be obtained against such person to cease from using the House, building, premises or place it as a private higher educational institution, whichever one is earlier.
Laws of Malaysia Act 555 56 (4) the investigating officer who commits an action under this section shall not be liable for any costs arising from such action or damage to houses, buildings, premises or place is locked under this section unless the damage was done deliberately.
(5) any act done under this section in respect of any House, building, premises or other places does not preclude prosecution against any person who uses a home, building, premises or place it as a private higher educational institution in that contrary to this Act.
power to call for the purpose of inspection of 70. (1) the investigating officer may, by notice in writing, require any person who knows about the facts and circumstances of a case to appear before it and to be examined orally and shall change into writing any statement made by the person examined.
(2) such person shall be legally bound to answer questions relating to the case submitted to him by the investigating officer and to state the truth, whether or not the statement was made in whole or in part to answer the question, and may not refuse to answer any question on the ground that the question may indicate that he is guilty.
(3) a statement made by any person under this section shall be written and signed by the person making it or affixed with cap head jarinya, as the case may be — (a) after the statement was read out to him; and (b) after he was given the opportunity to make any corrections dimahukannya.
(4) if the person to be examined under this section refuses to sign or mengecapkan cap head jarinya on that statement, the investigating officer shall endorse or him under his hand to the fact of the refusal and the reason, if any, specified by the person who inspected it.
Private higher Education institutions, 57 (5) any statement made and recorded under this section is admissible as evidence in any proceedings in any court. (6) any person who — (a) shall not appear before an officer investigating as required under subsection (1);
(b) refuses to answer any questions posed to him by an investigator under subsection (2); or (c) provide to an officer investigating the information or statements that are false or misleading in any material details, commits an offence and shall, on conviction, to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.
There are no rights over the cost of the proceeding, loss or other relief, etc.
71. no person shall, in any proceedings before any court in respect of the seizure of anything already seized or detained in exercise or purporting to exercise any power conferred upon him under this section, be entitled to the costs of the proceedings or any damages or other relief, in addition to order the return of thing seized or detained, or costs based on its value , unless the seizure or detention is made without reasonable cause or reasonable.
Part XiV of offences and penalties prohibition on advertising, etc.
72. (1) No person shall organize a private higher educational institutions, either via advertisements, prospectuses, brochures or otherwise, unless the establishment of private higher education institutions that have been approved under this Act.
Laws of Malaysia Act 555 58 (2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
73 advertising control. (1) if the Registrar General is of the view that any statement made in any advertisement relating to a private higher educational institution was false, fool, offensive or misleading, then the Registrar General may, by notice in writing, direct that the private higher educational institutions do all or any of the following: (a) stop the continuation of the advertising products;
(b) modify the ads in the manner specified by the Registrar General;
(c) stop the release of any ads that are wholly or partly is a repeat of the ad;
(d) take all practicable steps to withdraw the advertisement from every and all broadcasting or pemamerannya; or (e) publish a statement in a manner similar to ads that are issued initially to withdraw or modify the ads.
(2) the Registrar General may change, add to, amend, cancel or otherwise amend any direction issued under subsection (1) by notice in writing to the private higher education institutions concerned.
(3) after the registration of an private higher educational institutions under part V, any advertisement in connection with the private higher educational institutions shall include the registration number of the private higher educational institutions.
(4) any person or private higher education institution in violation of the instructions of the Registrar General under subsection (1) commits an offence and shall, on conviction, to a fine private higher educational institutions 59 not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
(5) any action taken by the Registrar General under this section does not affect the authority of the Controller or the controller, Deputy Assistant Controller of Petroleum under the trade description Act 1972 [Act 87].
interpretation of advertising 74. for the purposes of section 72 and 73, "advertising" means any notification or information on the establishment of private higher educational institutions — (a) published in any newspaper, journal or magazine or any other form;

(b) displayed on any billboards, Board, roof, walls, most, fences, frame, signboards, plates, banners, bars, sticks, Poles, pillars or wire casting processes, building or other structure design;
(c) which are transmitted through the film within the meaning of the Act * movie Film (Censorship) 1952 [Act 35] or via radio or tool thank thank television within the meaning of regulations of telekom (tool thank television) 1964 [L.N. 69/1964]; or (d) delivered through other ways, orally or in writing and whether it is of the same form or not as specified in paragraphs (a) to (c).
offences and penalties in relation to a statement that is false or misleading 75. any person who makes a statement that is false or misleading while promoting a private higher educational institution commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
* NOTE — Act movie Film (Censorship) Act 1952, now known as the Film (Censorship) [Act 35] – see section 2 and 3 movie Film Act (Censorship) (Amendment) Act 1980 [Act A490].
Laws of Malaysia Act 555 60 establishment of private higher educational institutions, etc., prohibited unless in accordance with the Act 76. (1) No person shall — (a) to establish, erect, organize or carry out any activity for the purpose of establishing, setting up or organize or towards the establishment, stand, or organizing a private higher educational institutions;
(b) operate, manage or maintain such class for teaching and learning, higher education in an institution of private higher education; or (c) set up, establish, organize, operate, manage or maintain a private educational institutions t inggi by using the word "University", "College" or "University branch campus", unless in accordance with the provisions of this Act.
(2) any person who contravenes subsection (1) commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
offences and penalties in relation to the award of certificate, diploma and degree 77. A private higher educational institutions that handle any course of study or training programme for which a certificate, diploma or degree awarded in a contrary to the provisions of section 44 commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Penalties for violations of the conditions of 78. any private higher educational institutions who contravenes any condition imposed on the approval for its establishment of private higher education Institutions 61 and its registration, commits an offence and shall, on conviction, to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding six months or to both.
offences and penalties in relation to applications made under Act 79. any — (a) an applicant who, at the time of application for approval for the establishment of a private higher educational institutions; or (b) the private higher educational institutions, when making any application, under this Act, making statements that he knows is false or that she or he believes is untrue, or intentionally hide any material facts, or provide any information to mislead commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
offences and penalties in relation to illegal activities 80. any — (a) a person who, as the owner or occupier of any House, building, premises or place, has not taken reasonable steps to avoid the House, building, premises or the place from being used as a private higher educational institution in that contrary to this Act; or (b) the private higher educational institutions used — (i) for any activity or unauthorized purpose; or (ii) for any activity or purpose of an organization, organization or group of persons that is not valid, the laws of Malaysia Act 555 62 commits an offence and shall, on conviction, to a fine not exceeding two hundred thousand ringgit or to imprisonment for a term not exceeding two years or to both.
offences and penalties in relation to the certificate of registration and the Act of teaching in private higher educational institutions 81. (1) where — (a) a private higher educational institution does not cause displayed a copy of the certificate of registration of the private higher educational institutions in accordance with subsection 26 (2);
(b) when a private higher educational institutions are closed, the Chief Executive did not return to the Chief Registrar of the certificate of registration and certificate of registration of the private higher educational institutions;
(c) any person to work or become a teacher at the private higher educational institutions that were not approved and registered under this Act;
(d) the Executive Head of a private higher educational institution is not registered under this Act;
(e) a teaching in private higher educational institutions without permit to teach; or (f) a private higher educational institutions employ a Chief Executive who is not registered under this Act or a teacher who is not teaching permit issued under this Act, then the private higher educational institutions or Chief Executive or that person, commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one month or to both.
(2) in the case of an offence under paragraph (1) (c) to (f), it shall be a defence for a person or a Chief Executive or a private higher education institution if he or it proves that having taken all reasonable precautions to avoid from doing such offences — private higher educational institutions 63 (a) the person or the Chief Executive does not know or does not have any reasonable grounds to suspect that the private higher educational institutions, it is not approved or registered; or (b) the private higher educational institutions that do not know or do not have any reasonable grounds to suspect that — (i) the Chief Executive is not registered as such; or (ii) that person does not have a permit to teach.
General 82 penalty. A person who commits an offence under this Act in respect of which no penalty expressly provided, shall, on conviction, to a fine not exceeding five thousand dollars.
Penalties in the case of continuous offences 83. A person who commits an offence under this Act shall, in the case of a continuing offence, in addition to any other penalty that may be imposed on it under this Act in respect of that offence, to a fine not exceeding five hundred dollars for each day the offence continues after conviction.
offences by body corporate 84. If a body corporate commits an offence under this Act — (a) any person who, at the time of the offence committed is a Director, Manager, Secretary or similar officer of the body corporate, can be prosecuted separately or in association in the same proceedings with the body corporate; and (b) every Director, Manager, Secretary or similar officer of the body corporate, that laws of Malaysia Act 555 64 in any way, through Act or omission directly or indirectly involved with or become a party to the offence shall be deemed to have committed the offence, unless he proves that it was committed without his knowledge or pembiarannya or that he took all reasonable precautions or that he took all due diligence for prevent the offence from occurring.
liability of company directors, etc., for offences committed by private higher educational institutions established by 85. (1) where an offence against any provision of this Act has been committed by a private higher educational institution or any person who at the time of the offence made — (a) is a member of the Board of Directors;
(b) is the General Manager;
(c) the Secretary;
(d) hold office or similar position with the Manager or the Company Secretary who set up the private higher educational institutions;
(e) is the Chief Executive;
(f) is a clerk;
(g) are the servants;
(h) is an agent, the private higher educational institutions, shall be deemed to have committed the offence.
(2) it shall be a defence for any person charged pursuant to subsection (1) if he proves — (a) that the offence was committed without his knowledge or pembiarannya; Private higher educational institutions or 65 (b) that he has — (i) take all reasonable precautions; and (ii) exercise all due diligence, to prevent the offence from occurring, as that should be taken and carried out by it, taking into account the nature of his functions in that capacity and to all the circumstances.

(3) private higher educational institutions which may be subject to punishment or penalties under this Act for any act or omission shall be liable to the same punishment or penalties for any act or omission which is done by — (a) an agent acting on his behalf; or (b) the clerk or servants acting while in the private education institution studies.
(4) a partner, agents, clerks or servants, or clerks or servants of partner or the agent, not spared from prosecution under this section.
power to compound 86. (1) the Registrar General may, with the written consent of the Prosecutor, compound any offence committed by private higher educational institution or a person under this Act or the regulations made under this Act, designated as offences can be compounded.
(2) a written offer to be made to that person to compound the offence to pay to the Chief Registrar of any sum specified, not exceeding fifty percent the maximum fine that may be imposed to that person if he is convicted of the offence, within any period specified in the offer.
(3) an offer under subsection (2) may be made at any time after the offence, but before any prosecution for him started.
Laws of Malaysia Act 555 66 (4) where an offence has been compounded of — (a) no further proceedings can be taken and no prosecution shall be instituted against the person to whom compound were made; and (b) any article, book, book of hours, express, documents, materials or other items seized in connection with the offence, can be discharged subject to conditions that may be imposed in accordance with the compound.
(5) any money received by the Registrar General under this section shall be paid into and form part of the Federal Consolidated Fund.
(6) if the amount set out in the compound is not paid within the time stated in the offer, or within any extended period granted by the Registrar General, then a prosecution for the offence may be commenced at any time after that to the person to whom the offer is made.
Initiate and conduct a prosecution 87. (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 be authorized to be present in court — (a) to conduct any prosecution in respect of an offence under this Act; or (b) for the purposes of any legal proceedings to another under this Act.
(2) in the case of Deputy Chief Registrar, Registrar, Deputy Registrar or Assistant Registrar, such authorisation is subject to the approval of the Registrar General.
(3) a prosecution in respect of an offence under this Act shall not be instituted or conducted without the written permission of the public prosecutor.
Private higher Education institutions Part XV 67 regulations Minister's power to make regulations 88. (1) without prejudice to its powers to make regulations under any other provisions of this Act, the Minister may make regulations for the purpose of carrying out the provisions of this Act.
(2) without prejudice to the generality of the powers conferred in subsection (1), the Minister may make regulations for or with respect to all or any of the following matters: (a) forms to be used and the information to be supplied in any application or for any other purpose under this Act;
(b) the procedure to be followed and the fee prescribed in respect of thinks fit any application under this Act or in respect of any certificate, permit or other document issued under this Act;
(c) the form in which a register or other records shall be kept or maintained under this Act, the entry shall be made in it, provision for inspection and taking extracts therefrom and copies thereof and the granting of the fee shall be paid for the inspection, extracts and copies of each masingnya;
(d) the conduct of courses of study;
(e) the procedures to be followed for endorsement, alteration or amendment of the certificate of registration, permits teaching or any other document issued under this Act and the replacement of a certificate, permit or other document lost or damaged;
(f) educational facilities to be provided by private higher educational institutions;
Laws of Malaysia Act 555 68 (g) procurement distance learning;
(h) health and safety standards, and the use must be complied with in respect of the premises of the private higher educational institutions, and set the standards and different uses, for any description of the private higher educational institutions, as specified in the regulations;
(i) other compulsory subjects shall be taught other than those specified in section 42 and 43;
(j) the procedure to be followed in respect of appeals to the Minister from the decision of the Registrar General;
(k) a record shall be kept by private higher educational institutions and the statement to be made including the records and financial statements;
(l) determine the fee should be imposed on students private higher educational institutions;
(m) the fees required to be prescribed under this Act other than the fees referred to in paragraph (b) and (c);
(n) the manner in which the federal or Confederate cooperation among the private higher educational institutions can be carried out;
(o) prescribing offences can be compounded;
(p) any other matters required to be prescribed under this Act; and (q) any other matters that the Minister thinks is expedient or necessary for the purposes of this Act.
(3) regulations made under this section may provide that contravention of any provision in the regulations is an offence and that such offence is punishable, on conviction, by fine or imprisonment or both but can not make provision so that the fine exceeds ten thousand dollars or a term of imprisonment of more than one month.
Private higher educational institutions 69 Part XVi General distinguish between race and creed prohibited 89. (1) subject to the provisions of Article 153 of the Federal Constitution, membership of the private higher educational institutions, whether as an officer, teacher or student, shall be open to all people regardless of gender, race, religion, nationality or class.
(2) no test of religious ethics or beliefs can be held or forced to allow a person entitled as a member or to be awarded any degree, diploma or certificate or fellowship, scholarships, assistance, scholarship, medals, gifts, or honours or other award may be restricted for people of any race, religion, nationality or class specific.
Protection from legal action and legal proceedings 90. no action can be taken or prosecution can be brought, instituted or made against the Government, the Minister, the Registrar General, Deputy Registrar General, Registrar, Deputy Registrar or Assistant Registrar or to any government officials or any person acting under the direction of the Minister or the Chief Registrar, in any court for any thing done or omitted from committed under this Act — (a) in good faith;
(b) reasonably believes that the item is necessary for the purposes that are intended to be achieved through it; or (c) to carry out the provisions of this Act.
Officers are deemed to be public servants 91. every person appointed, or legitimately exercise a person appointed under this Act, shall be the laws of Malaysia Act 555 70 are deemed to be public servants within the meaning of the Penal Code [Act 574].
Minister's power to exempt 92. (1) the Minister may, if it thinks fit and in the best interest of a private higher educational institution or in the interest of the students or the general public, by order published in the Gazette, exempt the private higher educational institutions of any of the provisions of this Act.
(2) an exemption granted under subsection (1) is subject to any conditions specified by the Minister in that order.
(3) the power to exempt under subsection (1) does not include provisions on approval for establishment of private higher educational institutions and its registration, and the provisions of sections 38 and 39.
(4) the Minister may, at any time, using its discretion cancel the exemption under this section or vary or add to the terms of the exemption.
needs of about 93 premises. (1) members of the Board of Directors, Chief Executive or any other person responsible for the management of an institution of private higher education shall ensure that at all times the premises of private higher educational institutions that comply with any standards prescribed under this Act.
(2) Notwithstanding subsection (1), if the Minister is satisfied in respect of any of the private higher educational institutions that after taking into account — (a) the condition of the area;
(b) any existing building on the site; or (c) certain other circumstances affecting the premises, private higher educational institutions 71

It is not practical in such circumstances to require the private higher educational institutions that comply with the requirements in regulations thereon in any particular aspect, then the Minister may direct that the premises is deemed to comply with the standards set if in lieu of compliance with the standards set if in lieu of compliance with the standards set, the premises comply with any other requirements specified in the directive.
Delivery of 94. (1) any notice, order, document or other communication required to be given or served under this Act to the private higher educational institutions may, unless other specified presentation, delivered by registered post.
(2) it shall be deemed that the notices, orders, documents or any relationship has been presented on the day following the day the notice, order, document or communication that should have been received in the ordinary course of post.
(3) If a person to whom a letter registered under subsection (1) is addressed, told the fact of the existence of the registered letter at the post office and menantinya if such person refuses or neglecting to take registered mail the notice, order, document or communication shall be deemed to have been communicated to it on the date he notified such.
disapplication of 95. This Act shall not apply to — (a) educational institutions established by the Minister under or deemed to have been established under the Education Act 1996 [Act 550];
(b) institutions established under the institut teknologi mara Act 1976 [Act 173];
(c) University or University College established under the universities and University Colleges Act 1971; or laws of Malaysia Act 555 72 (d) educational institutions established under any other written law.
Part XVii Provision savings and Transitional Provisions transitional relates to savings and private higher educational institutions existing 96. (1) the regulations need to be (higher education Foundation) 1969 [P.U. (A) 234/1969] is revoked.
(2) Notwithstanding subsection (1), all private higher educational institutions — (a) established under the regulations need to be (higher education Foundation) 1969; or (b) registered or deemed to have been registered under the Education Act 1996, shall, at the start date of commencement 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 paragraph (2) (a) and (b), before starting the currency of this Act, shall remain in force until modified or revoked by the Minister.
(4) the provisions of this Act shall apply to the private higher educational institutions private higher educational institutions as if it is approved, established and registered under this Act.
Conversion of temporary registration certificate 97. (1) the certificate of provisional registration issued or deemed to have been issued to a private higher education institution under the Education Act 1996, shall be converted into and be deemed to be a certificate of registration issued under this Act.
73 private higher educational institutions (2) in addition to the conditions that may be imposed under any provision of this Act, the private higher educational institutions shall also comply with any other conditions that may be imposed by the Registrar General, from time to time.
power of Minister to make transitional provisions for an additional 98. (1) the Minister may, by rules, make such provisions as he thinks necessary or expedient for the purpose of removing any difficulty raised by the application of this Act for private higher educational institutions — (a) established under the regulations need to be (higher education Foundation) 1969;
(b) registered or deemed to have been registered under the Education Act 1996; and (c) to whom a certificate of provisional registration has been issued or deemed to have been issued under the Education Act 1996.
(2) the Minister's power under subsection (1) shall include the power to make any modification for carrying out the provisions of this Act.
Transitional provisions relating to teacher 99. (1) a person who, at the start date of commencement of this Act, is working with a private higher educational institutions as a teacher either full-time or part-time — (a) registered as a teacher or deemed to have been registered as a teacher under the Education Act 1996 shall, within one month of the start date of the commencement of this Act; or (b) which have been issued or deemed to have been issued a permit to teach under the Education Act 1996 shall be — (i) within one month before the expiry of the permit; or laws of Malaysia Act 555 74 (ii) within one month of the start date of the currency of this Act, whichever is the later, apply for a permit to teach under part iX of this Act.
(2) pending applications for teaching permits referred to under subsection (1) are determined, the person can continue to teach in private higher educational institutions and shall in such circumstances be deemed to teach legally.
(3) an acknowledgement letter issued by the Registrar General in respect of the application for permit to teach under this section shall be sufficient evidence of the making of the application.
Private higher educational institutions 75 laws of Malaysia Act 555 private higher educational institutions Act 1996 List Amendment law short title force of the Act amending the higher education institution Act a1202 21-08-2003 Private 1996 (Amendment) order 2003 laws of Malaysia Act 555 76 laws of Malaysia Act 555 private higher educational institutions Act 1996 List Section amended Section power amend with effect from 2 Act a1202 21-08-2003 41 a1202 Act 21-08-2003 43 a1202 Act 21-08-2003 44 a1202 Act 21-08-2003 77 Act a1202 21-08-2003 PRINTED by PERCETAKAN NASIONAL MALAYSIA BERHAD, KUALA LUMPUR on BEHALF and by ORDER of the GOVERNMENT of MALAYSIA jw513440