Review Regulations IPTS

REVIEW OF REGULATIONS UNDER
PRIVATE HIGHER
EDUCATIONAL INSTITUTIONS
ACT 1996 (ACT 555)
www.mohe.gov.my
Department of Higher Education
1
Private Higher Educational Institutions Act

1996 (Act 555)
• Came into force on 31st December
1997.
• Facilitate and regulate private higher

educational institutions – ensure
healthy development and provision
of quality education.
2
Private Higher Educational Institutions Act

1996 (Act 555)
• Amended in 2008 – effective 1st June

2009
• Currently there are 11 regulations.
3
REGULATIONS
1. Establishment
2. Distance Education
3. Sell, Dispose or Reconstruct
4. Closing Down
5. Advertisement
6. Registration
7. Inspection, Supervision & Control of Standard
4
REGULATIONS
8. Conducting Courses of Study

9. Permit to Teach
10. Compounding of Offences
11. Appeal
5
ESTABLISHMENT
6
ESTABLISHMENT
Previous Provision Amendment Note
Interpretation Interpretation of
“branch” means a Delete “branch” is included in
branch of a private Act 555 through the
higher educational recent amendment.
institution established
under the Act.
7
ESTABLISHMENT
Title
Application for Application for approval to For the purpose of
approval to establish a establish a private higher clarification.
private higher educational institution or a
educational institution branch of the institution,
without the status of a without the status of a
University/University University/University
College/branch campus College/branch campus.
or a branch of the
institution.
8
ESTABLISHMENT
3(1). An applicant shall submit An applicant shall submit an

an application under section 6 application under section 6 of
of the Act to the Registrar the Act to the Registrar
General for the establishment General for the establishment
of a private higher educational of a private higher educational
institution without the status of institution without the status of
a University or university a University or university
College or a branch campus in College or a branch campus in
the form as prescribed in the the form as prescribed in the
First Schedule and shall be First Schedule and shall be
accompanied by a processing accompanied by a processing
fee of one hundred ringgit. fee of one thousand ringgit.
9
ESTABLISHMENT
3(2)
An applicant shall submit an An applicant shall submit an To require approval from
application under section 18 of application under section 18 of MOHE to establish branch
the Act to the Registrar General the Act to the Registrar of registered IPTS locally
for the establishment of a General for the establishment or abroad.
branch of a private higher of a branch of a private higher
educational institution without educational institution without
the status of a University or the status of a University or
University College or a branch University College or a branch
campus. campus, within or outside
Malaysia.
10
ESTABLISHMENT
Application for approval to 4(1A). Prior to the

establish a private higher invitation the applicant To clarify the process
educational institution with shall submit a proposal to of establishment.
the status of a the Registrar General
University/University regarding the intention to
College/branch campus. establish a private higher
educational institution with
(Inclusion of new provision) the status of a University
or University College or
branch campus.
11
ESTABLISHMENT
Application for approval to

(New Provision) affiliate, associate or
collaborate with other higher
educational institution.
4A. An applicant shall submit

an application under section To emphasis the
18 of the Act to the Registrar requirement as stipulated
General for the approval of under Sec 18 i.e requires
affiliation, association or Minister’s approval besides
collaboration with other higher establishment.
educational institution,
whether private or public,
within or outside Malaysia in
the form as prescribed in the
Fourth Schedule and shall be
accompanied by a processing
fee of one thousand ringgit.
12
ESTABLISHMENT
Prescribed requirements. 5(1)(f) the constitution

submitted by the To ensure that the
applicant shall be in constitution is consistent
(Inclusion of new provision) strict accordance with with the requirement and
the direction issued by criteria set by RG.
the Registrar General.
5(2) For the purpose of the

establishment of a
branch or a branch To take into consideration
campus, the applicant and to give due recognition
shall fulfill the wrt to the capability of
requirements as existing IPTS.
prescribed in
subregulation (1) or a
proven track record of
managing a private
higher educational
13
institution.
ESTABLISHMENT
Notification or rejection of
application. Delete Individuals are not allowed
The Registrar General shall to apply. Sec 10(2) Act 555
notify the applicant in writing of requires RG to notify
the rejection of his application applicant.
under subsection 10(2) of the
Act -
(a) if the applicant -
(i) is a natural person, to the
person who made the
application; or
(ii) is not a natural person, to
the person who made the
application on behalf of the
applicant.
14
ESTABLISHMENT
Issued and paid up capital of

company.
For the purpose of
For the purpose of paragraph paragraph 12(1)(a) of the
12(1)(a) of the Act, the issued Act, the issued and paid
and paid up capital for a up capital for a company
company shall not be less than shall not be less than:
two hundred thousand ringgit.
(a). In the case of the
private higher
educational institutions
without the status of
university, university
college or branch
campus, shall not be
less than one million
ringgit;
15
ESTABLISHMENT
(b). In the case of the

private higher
To ensure sustainability
and capability of IPTS.
with the status of
university college, shall
not be less than fifteen
million ringgit; or
(c) In the case of the

private higher
with the status of
university or foreign
branch campus, shall
not be less than twenty
million ringgit.
16
DISTANCE EDUCATION
17
DISTANCE EDUCATION
Interpretation
“course of study” has the To clarify course of study
(additional interpretation) same meaning as that for distance education.
assigned to the term in the
Act;
“distance education institution” To cater for future need

means a private higher Delete whereby an IPTS could
educational institution which conduct combination of
has the same meaning as that mode of delivery i.e
assigned to the term in the Act conventional and distance
and for the purpose of these education.
Regulations is a private higher
educational institution that Consequently words wrt
conducts distance education “distance education
courses only; institution” will be deleted
18
DISTANCE EDUCATION
Interpretation
“private higher educational Delete “and for the purpose of Consequential and to cater
institution” has the same these regulations is a private for future need whereby an
meaning as that assigned to the higher educational institution IPTS could conduct
term in the Act and for the that conducts distance combination of mode of
purpose of these regulations is education courses and other delivery i.e conventional
a private higher educational courses of study” and distance education.
institution that conducts
distance education courses and
other courses of study;
19
DISTANCE EDUCATION
Distance education institution.
3. A distance education
institution shall be established Delete Consequential.
and registered as a private
higher educational institution
under the Act..
20
DISTANCE EDUCATION
Distance education
course.
(1) A private higher Substitute for “Minister” with Approval to conduct

educational institution “Registrar General” course of study is under
may, with the prior
RG.
approval of the Minister
being obtained, conduct
a distance education
course.
21
DISTANCE EDUCATION
Administration and
management of distance
education.
4(1). A good administration The private higher educational

and management system Rephrasing for
institution which obtained the clarification.
to encourage and approval of the Registrar
facilitate the teaching and General to conduct a distance
learning of distance education course under
education shall be subregulation 3(1) shall
created. provide and maintain a good
administration and
management system to
encourage and facilitate the
teaching and learning of
distance education.
22
DISTANCE EDUCATION
Administration and
education.
4(2). The administration and The administration and

management system Rephrasing for
management system provided clarification.
shall include the and maintained under
following matters: subregulation (1) shall include
the following matters:
23
DISTANCE EDUCATION
Administration and
education.
(new provision) 4(3).The approval granted by To ensure compliance of

the Registrar General under conditions set by RG.
subregulation 4(1) may be
revoked if such private higher
educational institution fails to
provide and maintain a good
administration system
mentioned under
subregulations (1) and (2).
24
SELL, DISPOSE OR
RECONSTRUCT
25
SELL, DISPOSE OR RECONSTRUCT
Application to sell,
dispose or reconstruct
the business of a private
higher educational
institution relating to
education.
2. An application for an An application for an approval Rephrasing for clarification

approval to sell, dispose to sell, dispose or reconstruct purposes.
or reconstruct the the business of a private
business of a private higher educational institution
higher educational relating to education under
institution relating to Section 19 of the Act shall be
education shall be made made by the chief executive to
by the chief executive to the Registrar General in the
the Registrar General in Form prescribed in the First
the Form prescribed in Schedule.
the First Schedule.
26
(New Provision) Application to change or

alteration in respect of
company.
2A. An application for an

approval under Section 15 of To be included for the use
the Act to change or alter of a standard format to
name, issued and paid up assist applicant for
capital, equity participation, submission to RG.
board of directors or
memorandum and articles of
association, shall be made by
the chairman of the company
to the Registrar General in the
Form prescribed in the Third
Schedule.
27
Notification of the
Minister’s Decision
4. The Registrar General The Registrar General upon Rephrasing for clarification
upon receiving the receiving the decision of the purposes.
decision of the Minister Minister regarding the
shall inform the application to sell, dispose or
applicant- reconstruct the business of
private higher educational
institution relating to
education, shall inform the
applicant-
28
CLOSING DOWN
29
CLOSING DOWN
Interpretation.
1A. In these Regulations, To widen the scope for

unless the context otherwise transferring of students by
requires, “higher educational RG.
institutions” means public and
institutions.
30
CLOSING DOWN
Arrangements for the Continuation of

Continuation of education of students
Education of Students.
(1) Where the closing down
To provide details for
(1) The Board of Directors of the private higher
arrangement of students in
shall— educational institution is
cases involving closing
(a) within fourteen days by reason of paragraphs
down of IPTS.
from the date of the 59(a) and (b) and
closing down of the subparagraph 59(d)(ii) of
private higher the Act, the Registrar
educational institution General shall determine
make any arrangement the requirements for the
mentioned under continuation of the
paragraph 61(1) of the education which shall be
Act; and complied with by the
board of directors within
six months after the
notice of closing down
31
is issued.
CLOSING DOWN
(b). inform the Registrar (2) Where the closing down

General of the of the private higher
arrangement made under educational institution is
paragraph (a) above by reason of paragraphs Rephrasing for clarification
within one month from 59(c) and (d)(i) and purposes.
the date of the paragraph 59(e) of the
arrangement is made. Act, the board of
directors shall comply
2. Where the Registrar with all requirements
General is satisfied with determined by the
the arrangement, the Registrar General for the
Registrar General may continuation of
approve the arrangement education of the
by imposing any students six months
condition as he thinks prior to the closing
necessary. down of the private
higher educational
institution.
32
CLOSING DOWN
3. The Board of Directors (3) The requirements

shall inform the Registrar determined by the
General of the conclusion Registrar General for the
of the arrangement within continuation of
three months after such education of the Rephrasing for clarification
arrangement has been students under purposes.
finalised. subregulation (1) and
subsection 61(1) of the
Act may include—
(a) the arrangement

regarding the placement
of the students in other
higher educational
institutions;
33
CLOSING DOWN
(b) the conferment of

certificate, diploma or
degree upon students
who have successfully
completed a course of
study;
(c) the arrangement

regarding tuition fees
between related parties;
and
34
CLOSING DOWN
(d) any other requirements

as determined by the
Registrar General
(4) The board of directors

shall inform the
Registrar General of the
compliance of the
requirements mentioned
under subregulation (1)
at least six months prior
to the closing down of
the private higher
35
CLOSING DOWN
Arrangements for the Continuation of

Continuation of education of students
Education of Students.
(1) Where the closing down
(1) The Board of Directors To provide details for
of the private higher
shall— arrangement of students in
educational institution is
cases involving closing
(a) within fourteen days by reason of paragraphs
down of IPTS.
from the date of the 59(a) and (b) and
closing down of the subparagraph 59(d)(ii) of
private higher the Act, the Registrar
educational institution General shall determine
make any arrangement the requirements for the
mentioned under continuation of the
paragraph 61(1) of the education which shall be
Act; and complied with by the
board of directors within
six months after the
notice of closing down
36
is issued.
ADVERTISEMENT
37
ADVERTISEMENT
Advertisement Upon
Registration.
(3) Every advertisement (3) Every advertisement To provide particulars for

issued by a private issued by a private advertisement.
higher educational higher educational
institution which has institution which has
been registered shall been registered under
contain information as the Act contain shall
appearing in regulation 2, contain the following
the registration number particulars clearly—
and other information as (a) the name of the
may be considered approved institution;
necessary.
(b) the address, telephone
number and fax number
of the approved
institution;
38
ADVERTISEMENT
(c) the reference number

and the date of approval
for the registration of
the institution;
(d) the approved courses of
study and reference
code; and
(e) any other particulars as
may be determined by
the Registrar General.
39
ADVERTISEMENT
Penalty for contravening

directions
3A. (1) Any private higher
educational institution
which contravenes
regulation 2 or 3, the
Registrar General may
by notice in writing
direct such person or
private higher
educational institution to
do all or any of the
following:
(a) cease the continued
issue of the
advertisement;
40
ADVERTISEMENT
(b) modify the

advertisement in such
manner as may be
specified by the
Registrar General;
(c) cease the issue of any

advertisement which is
wholly or substantially, a
repetition of such
advertisement;
41
ADVERTISEMENT
(d) take all practical steps

to withdraw the
advertisement from
every and all publication
or display of it; or
(e) publish a statement in

like manner as the
advertisement issued
earlier to retract or
modify such
advertisement.
42
ADVERTISEMENT
(2) The Registrar General

may vary, add to, alter,
revoke or otherwise
amend any direction
issued under
subregulation (1) by a
notice in writing to the
private higher
concerned.
43
ADVERTISEMENT
(3) Any private higher

which contravenes the
direction of the
Registrar General under
subregulation 3A (1)
shall be guilty of an
offence and shall, on
conviction, be liable to a
fine not exceeding ten
thousand ringgit or to
imprisonment for a term
not exceeding one
month or both.
44
ADVERTISEMENT
Preference of National
Language.
(4) Every advertisement (4)(1) Every advertisement To provide additional

issued by a private issued by a private scope for the use of other
higher educational higher educational languages in
institution in newspaper institution shall be made advertisement.
or any other media shall in the national language
prefer the national and any other language
language. as preferred by such
private higher
45
ADVERTISEMENT
(4)(2) Any private higher

which contravenes
subregulation (1) shall
be guilty of an offence
and shall, on conviction,
be liable to a fine not
exceeding one thousand
ringgit.
46
REGISTRATION
47
REGISTRATION
Interpretation
(inclusion of additional “branch” means for For clarification purposes

interpretation) the purpose of these
Regulation is a branch of
college;
“college” means for

the purpose of these
Regulation is a private higher
educational institution without
the status of
university/university
college/branch campus
48
REGISTRATION
Application for registration
(inclusion of additional 4(2) No application

provision) made under subregulation (1)
shall be considered by the
Registrar General unless the
course of study of the private
has been approved.
49
REGISTRATION
Renewal of registration
5(4) An application for renewal
(inclusion of additional of registration shall be
provision) submitted not later than six
months prior to the expiry of
the registration.
5(5) An application for renewal

of registration which is not
made within the time specified
in subregulation (2) but made
before the expiry of the
registration shall be subject to
a payment of a penalty of five
thousand ringgit.
50
REGISTRATION
Renewal of registration 5(6). No application for renewal

of registration shall be
(inclusion of additional considered if the application is
provision) made after the date of expiry of
the registration.
5(7). For the purposes of
considering the application
made under subregulation (1),
the Registrar General may—
(a). require the
applicant to submit a copy of
revised constitution of the
institution; and
(b). add, vary or
cancel any condition as he
deems fit.
51
REGISTRATION
Application for registration of

chief executive and certificate
of registration of chief
executive
6(3). In addition to subsection
31(3) of the Act, the Registrar
(inclusion of additional General may refuse to register
provision) or cancel registration of a chief
executive if such chief
executive does not fulfill the
criteria as prescribed by the
Registrar General.
52
REGISTRATION
Change or renovation of
premises.
10. (1) An application to 10. (1) An application to

move or renovate the premises move or renovate or add the
of a private higher educational premises of a private higher
institution shall be made to the educational institution shall be
Registrar General not less than made to the Registrar General
three months before the before the proposed move or
proposed move or renovation. renovation or addition of
premises is undertaken.
53
REGISTRATION
(2) An application to move or (2) An application to move or

renovate the premises of a renovate or add the premises
private higher educational of a private higher educational
institution shall be made in institution shall be made in
Form H in the Second Schedule Form H in the Second
and accompanied by the Schedule and accompanied by
prescribed fee. the prescribed fee
54
REGISTRATION
(3) Upon the approval of the (3) Upon the approval of the
application to move or renovate application to move or
the premises of a private higher renovate or add the premises
educational institution by the of a private higher educational
Registrar General, the chief institution by the Registrar
executive shall deliver the General, the chief executive
certificate of registration to the shall deliver the certificate of
Registrar General to enable any registration to the Registrar
necessary amendment to be General to enable any
made to it. necessary amendment to be
made to it.
55
REGISTRATION
(4) The Registrar General may, (4) The Registrar General may,
if he considers it appropriate, if he considers it appropriate,
issue a new certificate of issue a new certificate of
registration to a private higher registration to a private higher
educational institution upon the educational institution upon
approval of its application to the approval of its application
move or renovate the premises. to move or renovate or add the
premises.
56
CONDUCTING COURSES OF
STUDY
57
COURSES OF STUDY
Application to conduct courses

of study.
3.(1). An application to conduct Delete

a course of study or an
additional course of study shall
be made in Form ‘A’ or ‘B’ in the
First Schedule, as the case may
be.
58
COURSES OF STUDY

of study.
3(2).The application shall be An application to conduct a

submitted to the Registrar course of study or an
General, and one copy to the additional course of study
Chief Executive of Lembaga shall be submitted to the
Akreditasi Negara, not later Registrar General not later
than six months before the than six months before the
proposed course of study or proposed course of study or
additional course of study additional course of study
commences. commences
59
COURSES OF STUDY

of study.
3(3). The application for each of The application for each

study or each additional course course of study or each
of study shall be made in a additional course of study
separate application form. shall be made in Form ‘A’ or ‘B’
in the First Schedule, as the
case may be.
60
COURSES OF STUDY
Condition on approval.
(inclusion of new condition) the course of study shall be Approval of course of

conducted within two years study is by RG
from the date of its approval;
Notwithstanding paragraph Para (1)(a) refers to

(1)(a), the Registrar General registered premises of
may, upon application by the IPTS.
institution, allow such private
to conduct course of study at
other registered premises.
61
COURSES OF STUDY
Renewal of approval Renewal of approval to

conduct course of study
6. An approval to
conduct courses of study which 6(1). An application to renew
has expired can be renewed by the approval to conduct
application in Form ‘C’ in the courses of study shall be
First Schedule and by paying submitted to the Registrar
the fee prescribed in the General not later than six
Second Schedule months prior to expiry of such
approval.
62
COURSES OF STUDY

6(2). The Registrar General

may impose new
conditions or vary,
cancel, alter or add to
any of the conditions
imposed when renewing
the course of study.
63
COURSES OF STUDY

6(2). The Registrar General

may impose new
conditions or vary,
cancel, alter or add to
any of the conditions
imposed when renewing
the course of study.
64
COURSES OF STUDY

6(3). The application under

subregulation (1) shall
be made in Form ‘C’ in
the First Schedule and
by paying the fee
prescribed in the
Second Schedule.
65
COURSES OF STUDY

6(4). The courses of study

which have not attained
full accreditation shall
not be considered for
renewal.
6(5). Where the Registrar

General refuses to grant
his approval for renewal
under subregulation (6)
or for any other reasons,
he shall notify the
applicant in writing of
the grounds for his
refusal. 66
COURSES OF STUDY

6(6). The applicant who is

aggrieved by the
decision of the Registrar
General under
subregulation (7) may
appeal in writing to the
Minister within twenty-
one days from being
notified of the decision
appealed against.
67
PERMIT TO TEACH
68
COURSES OF STUDY
Registrar General to notify

decision.
7. The Registrar Delete

General shall, in writing, notify
the applicant of the decision of
the Minister.
69
PERMIT TO TEACH
Application for a permit to

teach.
2 (e). a medical certificate 2 (e). a medical certificate
issued by a registered medical issued by a registered
practitioner certifying that the medical practitioner in
applicant is free from any Malaysia certifying that
physical or mental disability or the applicant is free
disease which may affect the from any physical or
applicant in the performance of mental disability or
his duties as a teacher or disease which may
stating any disability or disease affect the applicant in
and to what extent it will affect the performance of his
the applicant in the duties as a teacher or
performance of his duties; stating any disability or
disease and to what
extent it will affect the
applicant in the
performance of his 70
duties;
PERMIT TO TEACH
Application for a
replacement of a permit
to teach.
9(1) An application may be 9. An application for a
made for a replacement replacement of a permit
of a permit to teach to teach which is lost or
which is lost or defaced. defaced shall be made in
Form ‘C’ in the First
(2) The application shall be Schedule and shall be
made in Form ‘C’ in the accompanied by
First Schedule and shall prescribed fee.
be accompanied by:
( a ) in the case of loss, a
copy of the police report
on the loss or statutory
declaration of the loss;
71
PERMIT TO TEACH
Application for a
replacement of a permit
to teach.
( b ) in the case of
defacement, a copy of a
statutory declaration
together with the defaced
permit to teach ; and
( c ) the prescribed fee.
72
COMPOUNDING OF OFFENCES
73
COMPOUND
Offer to compound.
3. An offer to compound an 3. An offer to compound

offence shall be made in and the acceptance of
the form prescribed in the offer to compound
the Second Schedule. an offence shall be
made in the form
prescribed in the
Second Schedule.
74
COMPOUND
Mode of payment Payment of compound.
4(1).A person who accepts an 4(1).A person who accepts an

offer to compound an offer to compound an
offence shall pay to the offence shall pay to the
Registrar General the Registrar General the
amount specified in the amount specified in the
offer within the period of offer within the period of
time specified in the time specified in the
offer. offer.
75
COMPOUND
4(1A).The person to whom the

offer was made may
appeal in writing to the
Registrar General for the
reduction of the amount
of compound or the
extension of period to
pay the compound,
within fourteen days
from the date of receipt
of the offer.
76
COMPOUND
4(1B). The reduction of the

amount of compound
granted by the Registrar
General under
subregulation (1A) shall
not be more than thirty
per centum of the offer.
77
APPEAL
78
APPEAL
Forms for appeal. Forms for appeal.
(1) Appeals under subsection (1) Appeals under

24(11), 37(3), 51(6) and, subsection 24(11), 37(3),
52(3) of the Act shall be 39(3), 40(1E), 46(7),
made in the following forms 49(5), 51(6) and, 52(3)
in the Schedule: and 56(4) of the Act shall
(a) in the Form ‘A’ for appeals be made in the following
under subsection 24(11) of forms in the Schedule:
the Act; (a) in the Form ‘A’ for
(b) in the Form ‘B’ for appeals appeals under
under subsection 37(3) of subsection 24(11) of the
the Act; and Act;
(c) in the Form ‘C’ for appeals (b) in the Form ‘B’ for
under subsections 51(6) or appeals under
52(3) of the Act. subsection 37(3) of the
Act;
(c) in the Form ‘C’ for
appeals under
subsection 39(3) of the 79
Act;
APPEAL
(1) Appeals under subsection (d) in the Form ‘D’ for

24(11), 37(3), 51(6) and, appeals under
52(3) of the Act shall be subsection 40(1E) of the
made in the following forms Act;
in the Schedule: (e) in the Form ‘E’ for
(a) in the Form ‘A’ for appeals appeals under
under subsection 24(11) of subsection 46(7) of the
the Act; Act;
(b) in the Form ‘B’ for appeals (f) in the Form ‘F’ for
under subsection 37(3) of appeals under
the Act; and subsection 49(5) of the
(c) in the Form ‘C’ for appeals Act; and
under subsections 51(6) or (g) in the Form ‘G’ for
52(3) of the Act. appeals under
subsections 51(6) or
52(3) of the Act: and.
(h) in the Form ‘H’ for
appeals under
subsection 56(4) of the
Act. 80
APPEAL
(2) The appeal forms shall be (2) The appeal forms ‘A’,
submitted to the ‘B’, ‘C’, ‘D’, ‘G’ and ‘H’
Registrar General shall be submitted to the
together with the fee Registrar General.
prescribed under
regulations 5.
81
APPEAL

(2) The appeal forms shall be (2) The appeal forms ‘A’, ‘B’,
submitted to the ‘C’, ‘D’, ‘G’ and ‘H’ shall be
Registrar General submitted to the Registrar
together with the fee General.
prescribed under
regulations 5. (3) Forms ‘E’ and ‘F’ shall be
submitted to the Registrar
General through the chief
executive of private higher
educational institution and
the chief executive shall
forward the forms to the
Registrar General within
seven days from the date
of receipt together with
decision of the disciplinary
proceedings. 82
APPEAL

Registrar General to Registrar General to
submit appeal to Minister. submit appeal to
Minister.
shall submit the appeal (1) The Registrar General
form to the Minister shall submit the appeal
together with─ form mentioned in
(a) a copy of the paragraphs
notification or service of 2(1)(a),(b),(c),(d),(f),(g)
the decision appealed and (h) to the Minister
against; and together with─
(b) without prejudice to (a) a copy of the
subsection 24(12) of the notification or service of
Act, the grounds for that the decision appealed
decision, within one against; and
month of the receipt of
the appeal form.
83
APPEAL

submit appeal to Minister. submit appeal to
Minister.
shall submit the appeal (b) without prejudice to
form to the Minister subsection 24(12) of the
together with─ Act, the grounds for that
(a) a copy of the decision, within one
notification or service of month of the receipt of
the decision appealed the appeal form.
against; and
(b) without prejudice to (2) The decision of the
subsection 24(12) of the Minister under this
Act, the grounds for that regulation shall be final.
decision, within one
month of the receipt of
the appeal form.
84
APPEAL

notify of decision. notify of decision.
4. The Registrar General 4(1) The Registrar General

shall, in writing, notify shall, in writing, notify
the person making the the person making the
appeal of the decision of appeal of the decision of
the Minister. the Minister.
4(2) For the purpose of
appeal under
subregulations 2(1)(e)
and 2(1)(f) the Registrar
General shall notify the
person making the
appeal of the decision
through the chief
executive of private
higher educational
institution. 85
APPEAL
Fee. Fee.
(1) A fee of RM 10.00 shall be (1) A fee of RM 100.00 shall

payable for every appeal be payable for every
made under subsections appeal made under
24(11), 37(3), 51(6) and subsections 24(11),
52(3) of the Act. 37(3), 39(3), 40(1E),
49(5), 51(6), 52(3) of the
Act.
(2) A fee of RM 1000.00
shall be payable for
every appeal made
under subsections 56(4)
of the Act.
86
AUDIT
87
THANK YOU
anuarmz@mohe.gov.my
mailmr@mohe.gov.my
idaharianti@mohe.gov.my
88

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REVIEW OF REGULATIONS UNDER

Department of Higher Education

Private Higher Educational Institutions Act

• Facilitate and regulate private higher

Private Higher Educational Institutions Act

• Amended in 2008 – effective 1st June

• Currently there are 11 regulations.

8. Conducting Courses of Study

Previous Provision Amendment Note

Previous Provision Amendment Note

Previous Provision Amendment Note

3(1). An applicant shall submit An applicant shall submit an

Previous Provision Amendment Note

Previous Provision Amendment Note

Application for approval to 4(1A). Prior to the

Application for approval to

4A. An applicant shall submit

Previous Provision Amendment Note

Prescribed requirements. 5(1)(f) the constitution

5(2) For the purpose of the

Previous Provision Amendment Note

Previous Provision Amendment Note

Issued and paid up capital of

Previous Provision Amendment Note

(b). In the case of the

(c) In the case of the

Previous Provision Amendment Note

“distance education institution” To cater for future need

Previous Provision Amendment Note

Previous Provision Amendment Note

Distance education institution.

Previous Provision Amendment Note

(1) A private higher Substitute for “Minister” with Approval to conduct

Previous Provision Amendment Note

4(1). A good administration The private higher educational

Previous Provision Amendment Note

4(2). The administration and The administration and

Previous Provision Amendment Note

(new provision) 4(3).The approval granted by To ensure compliance of

SELL, DISPOSE OR RECONSTRUCT

Previous Provision Amendment Note

2. An application for an An application for an approval Rephrasing for clarification

SELL, DISPOSE OR RECONSTRUCT

Previous Provision Amendment Note

(New Provision) Application to change or

2A. An application for an

SELL, DISPOSE OR RECONSTRUCT

Previous Provision Amendment Note

Previous Provision Amendment Note

1A. In these Regulations, To widen the scope for

Previous Provision Amendment Note

Arrangements for the Continuation of

Previous Provision Amendment Note

(b). inform the Registrar (2) Where the closing down

Previous Provision Amendment Note

3. The Board of Directors (3) The requirements

(a) the arrangement

Previous Provision Amendment Note

(b) the conferment of

(c) the arrangement

Previous Provision Amendment Note

(d) any other requirements

(4) The board of directors