PRIVATE HIGHER EDUCATIONAL INSTITUTIONS (AMENDMENT) ACT 2017

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

Amendment of section 2

by inserting after the definition of “higher education” the following definition:

‘ “initial fund” means an account containing cash contribution that a company limited by guarantee is required to have prior to registration under section 24;’;

PRIVATE HIGHER EDUCATIONAL INSTITUTIONS

(AMENDMENT) ACT 2017

in the definition of “private higher educational institution”, by substituting for the words “a University College or a branch campus” the words “a University College or a foreign branch campus or a College”;

in the definition of “branch campus”, by deleting the words “and includes a branch of a foreign University or a University College,”;

by inserting before the definition of “higher education”

the following definition:

‘ “foreign branch campus” means a branch of a foreign University or a University College that is established under this Act;’;

by inserting after the definition of “chief executive” the following definition:

‘ “College” means a private higher educational institution without the status of a University or

University College or a foreign branch campus;’;

in the definition of “University” and “University College”, by deleting the words “, and include such private higher educational institution which is affiliated to a University or University College whether within or outside Malaysia, conferred with the status of a University or a University

College”;

by inserting before the definition of “national language”

the following definition:

‘ “Minister” means the Minister charged with the responsibility for higher education;’; and

by inserting after the definition of “distance education”

the following definition:

‘ “fee structure” means a detailed amount of payment charged to students for undergoing a course of study or training programme;’.

Private Higher Educational Institutions (Amendment)

5

Amendment of section 12

in subsection (1), by deleting the words “, whether it be a locally incorporated company or otherwise,”;

in paragraph 1(c), by inserting after the word “institution”

the words “and shall contain provisions for such matters as may be prescribed”; and

by inserting after subsection (1) the following subsection:

“(1a)  If the successful applicant is a company limited by guarantee, the applicant shall ensure that—

its initial fund shall be of an amount as determined by the Minister;

the source of its initial fund to be disclosed to and approved by the Minister;

its composition of the board of directors shall be as determined by the Minister; and

the sole object of the applicant’s memorandum and articles of association shall be to establish and manage private higher educational institution and shall contain provisions for such matters as may be prescribed.”.

Amendment of section 14

by renumbering the existing provision as subsection (1);

by substituting for subsection (1) as renumbered the following subsection:

“(1)  An approval from the Registrar General shall be obtained before a company changes or alters—

its name;

its issued and paid-up capital;

the amount of its initial fund;

its equity participation;

the composition of its board of directors; and

its memorandum and articles of association.”;

and

by inserting after subsection (1) as renumbered the following subsections:

“(2)  An application for an approval under subsection (1)

shall be made to the Registrar General—

on the prescribed form and in the prescribed manner; and

accompanied by the prescribed fee.

At any time after receiving the application and before it is determined, the Registrar General may by written notice require the company to provide additional information, particulars or documents.

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

The Registrar General shall, upon an application having been duly made under this section and after being provided with all the information, particulars and documents as he may require under subsection (3)—

Where the Registrar General refuses the application, the Registrar General shall notify the company in writing of the refusal.

Any person who contravenes the provisions of this section shall be guilty of an offence under this

Act.”.

Amendment of section 19

in subsection (1), by substituting for the words “A private higher educational institution” the words “A company”;

and

in paragraph (c), by deleting the word “and” at the end of the paragraph;

in paragraph (d), by substituting for the full stop at the end of the paragraph the words “; and”; and

by inserting after paragraph (d) the following paragraph:

“(e) any other information, particulars or documents as may be required by the Registrar General.”.

Amendment of section 26

in the shoulder note, by inserting after the word

“registration” the words “, etc.”;

in subsection (1), by substituting for the word “used” the word “registered”; and

in subsection (2), by inserting after the word “institution”

the words “, and the details of the premises registered for its purpose and the approved fee structure of the course of study or training programme shall be made available and accessible to the public by whatever means”.

Amendment of section 28

in subsection (1), by inserting after the words “shall not move” the words “, add or renovate”; and

in subsection (2), by inserting after the words “the registration of the new” the words “, additional or renovated”.

Substitution of section 30

by substituting for subsection (1) the following subsection:

“(1)  Every private higher educational institution shall have a chief executive appointed by the company.”;

in subsection (2), by inserting after the words “chief executive shall” the words “apply to”; and

in subsection (3)—

in paragraph (d), by deleting the word “or” at the end of the paragraph;

he is not registered as a chief executive;

or

his registration as a chief executive has been cancelled under subsection (3)

or paragraph 37(1)(bb).

Any person who contravenes the provisions of subsection (4) shall be guilty of an offence.”.

New section 33a

by renumbering the existing provision as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  Any person who contravenes subsection (1)

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding one hundred thousand ringgit or to imprisonment for a term not exceeding one year or to both.”.

Amendment of section 38

The private higher educational institutions may apply to the Registrar General for variation or alteration any of the conditions mentioned in subsection (1); and

The application referred to in subsection (1g) may be made on the prescribed form and in the prescribed manner.”.

New section 40a

Any application for renewal of the approval to conduct a course of study or training programme which is not made within the time specified in subsection (1) shall be subject to a payment of a penalty as may be determined by the

Registrar General.

The Registrar General shall renew an approval to conduct a course of study or training programme if the applicant has complied with all conditions imposed by the

Registrar General under subsection 40(1).

Private Higher Educational Institutions (Amendment)

The Registrar General may impose new conditions or vary, cancel, alter or add to any of the conditions imposed under subsection 40(1) when renewing an approval to conduct a course of study or training programme.

A renewal of approval to conduct a course of study or training programme shall be subject to payment of the prescribed fee.”.

Amendment of section 42

by substituting for the words “chief executive” wherever appearing the words “disciplinary authority”;

by substituting for subsection (1) the following subsection:

“(1)  The disciplinary authority of the private higher educational institution in respect of every student of the private higher educational institution shall be the chief executive.”;

by inserting after subsection (1) the following subsection:

“(1a)  The disciplinary authority shall have the power to take such disciplinary action and impose such disciplinary punishment as may be provided for under any disciplinary rules that may be made by the private higher educational institution.”; and

by inserting after subsection (2), the following subsection:

“(2a) The disciplinary authority may delegate his disciplinary functions, powers or duties to any employee of the private higher educational institution who is in charge of student affairs, in respect of any particular student or any class or category of students of the private higher educational institution.”.

Amendment of section 51

by inserting after subsection (4) the following subsection:

“(4a)  The Registrar General may impose any other conditions as he deems fit upon issuing a permit under subsection (4).”; and

in subsection (5), by substituting for the words “subject or subjects” the words “field or fields of study”.

Private Higher Educational Institutions (Amendment)

15

Amendment of section 54

in paragraph (d), by deleting the word “or” at the end of the paragraph; and

by inserting after paragraph (d) the following paragraph:

“(da) that the private higher educational institution has failed to renew its registration under section 24a;

or”.

Amendment of section 61

paragraph 59(a), paragraph 59(b), subparagraph 59(d)(ii)

or paragraph 59(e), the board of directors shall ensure that the requirements to be determined by the Registrar General for the continuation of the education of the students are complied with within a time period as determined by the Registrar General; or

paragraph 59(c) or subparagraph 59(d)(i), the board of directors shall ensure that the requirements to be determined by the Registrar General for the continuation of the education of the students are complied with within six months prior to the closing down of a private higher educational institution.”.

Amendment of section 62

by renumbering the existing provision as subsection (1);

and

by inserting after subsection (1) as renumbered the following subsection:

“(2)  Upon the surrender of the certificate of registration of the private higher educational institution, the approval of the private higher educational institution shall be deemed to be revoked.”.

New section 75a

in paragraph (b), by deleting the word “or” at the end of the paragraph;

in paragraph (c), by substituting for the comma at the end of the paragraph a semicolon; and

by inserting after paragraph (c) the following paragraphs:

“(d) issue a certificate, diploma or degree to a person without such person having successfully completed his course of study; or

carry out any other activities in connection with higher education,”.

Private Higher Educational Institutions (Amendment)

17

Amendment of section 77

in paragraph (a), by deleting the word “or” at the end of the paragraph;

in paragraph (b), by substituting for the comma at the end of the paragraph the words “; or”; and

by inserting after paragraph (b) the following paragraph:

“(c) person who, on making any application,”.

Substitution of section 82

in paragraph (g), by deleting the word “or” at the end of the paragraph;

in paragraph (h), by substituting for the comma at the end of the paragraph the words “; or”; and

by inserting after paragraph (h) the following paragraph:

“(i) a person who was purporting to act in any capacity in paragraphs (1)(a) to (h), or was in any manner or to any extent responsible for the management of any of the affairs of such private higher educational institution, or was assisting in such management,”.

KUALA LUMPUR