Private Higher Educational Institutions (Amendment) 1

laws OF MALAYSIA
Act A1352

private higher educational institutions

(Amendment) Act 2009
2 Laws of Malaysia Act A1352

Date of Royal Assent ... ... 18 April 2009

Date of publication in the

Gazette ... ... ... 30 April 2009

Publisher’s Copyright C
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 Private Higher Educational Institutions (Amendment) 3

laws of malaysia

Act A1352

private higher educational institutions

(amendment) act 2009

An Act to amend the Private Higher Educational Institutions Act

1996.

[ ]

ENACTED by the Parliament of Malaysia as follows:

Short title and commencement

1.  (1)  This Act may be cited as the Private Higher Educational
Institutions (Amendment) Act 2009.

(2) This Act shall come into operation on a date to be appointed

by the Minister by notification in the Gazette, and the Minister
may appoint different dates for the coming into operation of
different provisions of this Act.

Amendment of section 2

2. The Private Higher Educational Institutions Act 1996

[Act 555], which is referred to as the “principal Act” in this Act,
is amended in section 2—
(a) by inserting after the definition of “Assistant Registrar”
the following definition:
‘ “audit” means an evaluation of a private higher
educational institution which is carried out in accordance
with section 64a;’;

(b) by inserting after the definition of “book” the following

definition:
‘ “branch” means a branch of a private higher
educational institution established under this Act;’;
4 Laws of Malaysia Act A1352

(c) in the definition of “diploma”, by inserting after the

words “equivalent thereof” the words “, and includes
an advanced diploma”;
(d) in the definition of “constituent documents”, by deleting
the words “, except an individual applicant,”;
(e) in the definition of “private higher educational institution”,
by inserting after the words “means an” the words
“organization or”;
(f) by inserting after the definition of “private higher
educational institution” the following definition:
‘ “registrable offence” has the meaning assigned to
it in the Registration of Criminals and Undesirable
Persons Act 1969 [Act 7];’;
(g) by substituting for the definition of “course of study” the
following definition:
‘ “course of study” means either a single course
or a set of related courses leading to the award of
a certificate, diploma or degree upon the successful
completion thereof;’;
(h) by substituting for the definition of “student” the following
definition:
‘ “student” means a registered student, other than
a student at an institution allied to the private higher
educational institution, who is following a course of
study, instruction, training or research of any description
at the preparatory, under-graduate, post-graduate or
post-doctoral level on a full time or part-time basis in,
by or from the private higher educational institution
and includes a distance-learning, off-campus, exchange
and non-graduating student;’;
(i) by substituting for the definition of “applicant” the
following definition:
‘ “applicant” for the purpose of an approval for
the establishment of a private higher educational
institution, means a company locally incorporated or
otherwise;’; and
(j) by deleting the definition of “Education Service”.
 Private Higher Educational Institutions (Amendment) 5

Amendment of section 3

3. Subsection 3(1) of the principal Act is amended by deleting the

words “from amongst the officers in the Education Service”.

Amendment of section 6

4.  Section 6 of the principal Act is amended—

(a) in subparagraph (2)(c)(i), by inserting after the words
“educational institution” the words “which shall include
the proposed courses of study”; and
(b) by substituting for subparagraph (2)(c)(iii) the following
subparagraph:
“(iii) the following documents:
(aa) a copy of its constituent document, duly
verified by a statutory declaration made
by an authorized officer of the applicant;
and
(bb) a copy of the latest audited balance sheet,
profit and loss account and the reports,
if any, of the auditors and the directors
of the applicants, if applicable; and”.

Amendment of section 7

5.  Section 7 of the principal Act is amended in the English

language text—
(a) by deleting the words “his or” wherever they appear in
that section;
(b) in paragraph (a), by deleting the words “him or”; and
(c) in paragraph (b), by deleting the words “he or”.

Amendment of section 11

6. Section 11 of the principal Act is amended—

(a) in paragraph (d), by inserting after the words “the Registrar
General;” the word “and”;
6 Laws of Malaysia Act A1352

(b) by deleting paragraph (e); and

(c) by substituting for paragraph (f) the following
paragraph:
“(f) no one who has been convicted of an offence
involving fraud or dishonesty or who is an
undischarged bankrupt is holding office as director,
manager or secretary or other similar office or
position.”.

Substitution of section 12

7.  The principal Act is amended by substituting for section 12

the following section:

“Applicant to ensure compliance of requirements when

granted an approval

12.  (1)  Upon being granted an approval, the successful

applicant, whether it be a locally incorporated company or
otherwise, shall ensure that—
(a) its issued and paid up capital shall be of an amount
as determined by the Minister;
(b) its equity participation and composition of the board
of directors shall be as determined by the Minister;
and
(c) the sole object of the applicant’s memorandum and
articles of association shall be to establish and
manage private higher educational institution.

(2) If the successful applicant is not a locally incorporated

company, the applicant shall, within one year from being
notified of the approval, incorporate a company locally.

(3) The prior written approval of the Registrar General on

the proposed memorandum and articles of association of a
company to be incorporated locally shall be obtained before
an application is made for its incorporation.

(4) If the applicant fails to incorporate locally a company

within the time specified in subsection (2), the approval
granted for the establishment of a private higher educational
 Private Higher Educational Institutions (Amendment) 7

institution shall be deemed to have been withdrawn unless

an extension of time is granted by the Registrar General.”.

Deletion of section 13

8. The principal Act is amended by deleting section 13.

Amendment of section 20

9.  Section 20 of the principal Act is amended by substituting

for subparagraph (a)(ii) the following subparagraph:

“(ii) paragraphs 12(1)(a) and (b);”.

Amendment of section 24

10. Paragraph 24(2)(a) of the principal Act is amended by

substituting for the words “five years” the words “three years”.

New section 24a

11. The principal Act is amended by inserting after section 24

the following section:

“Renewal of registration

24a.  (1)  A private higher educational institution may submit

an application to the Registrar General for renewal of its
registration not later than six months prior to the expiry of
the registration.

(2) Any application for renewal of registration which

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

(3) No application for renewal of registration shall be

considered if the application is made after the date of expiry
of the registration.
8 Laws of Malaysia Act A1352

(4) The Registrar General shall renew a registration if the

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

(5) A renewal of registration shall be subject to payment

of the prescribed fee.”.

Amendment of section 28

12. Section 28 of the principal Act is amended in the English

language text, in the shoulder note, by substituting for the word
“premise” the word “premises”.

Amendment of section 31

13. Section 31 of the principal Act is amended by inserting after

subsection (1) the following subsections:

“(1a)  The office of a chief executive shall be located at

the main administrative centre of a private higher educational
institution.

(1b)  It shall be the responsibility of a chief executive to

inform the Registrar General of the address of his office and
any change of that address from time to time.”.

Substitution of section 33

14. The principal Act is amended by substituting for section 33

the following section:

“33.  The chief executive shall, subject to the provisions of

this Act and the constitution of the private higher educational
institution—
(a) exercise general supervision over the arrangements
for instruction, administration, day to day affairs,
 Private Higher Educational Institutions (Amendment) 9

welfare and discipline in the private higher educational

institution and all its branches;
(b) submit to the Registrar General audited annual reports
of the company in relation to the private higher
educational institution it has established; and
(c) provide such other information as may be required
by the Registrar General from time to time for data
collection.”.

Amendment of section 35

15.  Section 35 of the principal Act is amended in the English

language text, by substituting for paragraph (c) the following
paragraph:

“(c) any other communication is necessary between the

Registrar General and the private higher educational
institution,

it shall be addressed to the chief executive, unless otherwise

provided.”.

Amendment of section 37

16. Subsection 37(3) of the principal Act is amended by substituting

for the words “, within twenty-one days from the service of such
decision, appeal to the Minister” the words “appeal in writing to
the Minister within twenty-one days from being notified of the
decision appealed against.”.

Amendment of section 38

17. Section 38 of the principal Act is amended—

(a) in the shoulder note, by substituting for the word “Minister”
the words “Registrar General”; and
(b) in subsection (1), by substituting for the word “Minister”
the words “Registrar General”.
10 Laws of Malaysia Act A1352

Substitution of section 39

18. The principal Act is amended by substituting for section 39

the following section:

“Refusal to grant approval

39.  (1)  The Registrar General shall grant his approval under
section 38 if he is satisfied—
(a) with the suitability of arrangements relating to the
educational facilities;
(b) with the quality assurance of the courses of study
or training programmes; and
(c) that the approval is not inconsistent with the national
policies, strategies and guidelines on higher
education,

based upon the recommendation of an authority established

under a written law for such purpose.

(2)  Where the Registrar General refuses to grant his

approval, he shall notify the applicant in writing of the
grounds for his refusal.

(3)  An applicant who is aggrieved by the decision of the

Registrar General under subsection (1) may appeal in writing
to the Minister within twenty-one days from being notified
of the decision appealed against.”.

Amendment of section 40

19. Section 40 of the principal Act is amended—

(a) by substituting for subsection (1) the following
subsection:
“(1)  When granting approval under section 38, the
Registrar General may impose—
(a) conditions relating to the requirements for
admission of students;
(b) such fee as may be prescribed; and
 Private Higher Educational Institutions (Amendment) 11

(c) any other conditions as he thinks fit.”; and

(b) by inserting after subsection (1) the following
subsections:
“(1a)  The Registrar General may serve on a private
higher educational institution a notice of intention to
revoke the approval under section 38 if he is satisfied
that the institution has contravened any of the conditions
imposed under subsection (1).
(1 b )  Such private higher educational institution
shall be allowed to make written representation within
twenty-one days from the date the notice of intention
is served on the institution.
(1 c )  After the expiry of the period of twenty-
one days, the Registrar General shall consider any
representation made under subsection (1 b ), if any,
and shall decide whether—
(a) to proceed with the proposed action;
(b) to take no further action;
(c) to add, alter or vary the conditions of the
approval; or
(d) to issue a warning.

(1d)  Where the Registrar General proceeds to revoke

the approval for the conduct of a course of study
under paragraph (1c)(a), he shall notify the private
higher educational institution in writing, providing
the grounds for his decision.
(1e)  A private higher educational institution whose
approval for the conduct of a course of study has
been revoked by the Registrar General may appeal in
writing to the Minister within twenty-one days from
being notified of the decision appealed against.”.

Amendment of section 41

20.  Section 41 of the principal Act is amended—

(a) by substituting for subsection (3) the following
subsection:
“(3)  Notwithstanding subsection (1), a private
higher educational institution may conduct a course of
12 Laws of Malaysia Act A1352

study in any other language as it deems appropriate

subject to the approval of the Minister.”;

(b) by substituting for subsection (4) the following

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

(c) in subsection (5), by substituting for the words “authority

referred to in section 39” the words “Registrar General”;
and

(d) by inserting after subsection (5) the following

subsections:
“(6)  The Registrar General may exempt any student
who has attained a certain level of achievement in the
national language from the requirement of subsection
(4).

(7)  The provision of subsection (4) shall not

apply to students who are not citizens of Malaysia
following such course of study.”.

Amendment of section 43

21.  Section 43 of the principal Act is amended—

(a) by substituting for subsection (1) the following
subsection:
“(1)  All private higher educational institutions
shall teach such compulsory subjects which shall be
determined by the Registrar General.”;

(b) in subsection (2), by substituting for the words “mentioned

in paragraphs (1)(a) to (c)” the words “determined by
the Registrar General under subsection (1)”; and
 Private Higher Educational Institutions (Amendment) 13

(c) in subsection (3)—

(i) by substituting for the words “specified in paragraphs
(1)(a) to (c)” the words “determined by the Registrar
General under subsection (1)”; and
(ii) by substituting for the words “authority referred to
in section 39” the words “Registrar General”.

Substitution of section 44

22.  The principal Act is amended by substituting for section 44

the following section:

“Award of degree

44.  Any private higher educational institution with the status

of a University or a University College or a branch campus
may award a degree.”.

Deletion of section 45

23.  The principal Act is amended by deleting section 45.

Amendment of section 46

24.  Section 46 of the principal Act is amended by inserting

after subsection (2) the following subsections:

“(3)  The chief executive shall inform the student of a private

higher educational institution in writing of the grounds on which
it is proposed to take action against him and shall afford him
a reasonable opportunity of being heard.

(4)  A student of a private higher educational institution shall

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

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

be allowed to make a written or an oral representation in any
disciplinary proceedings taken against him.
14 Laws of Malaysia Act A1352

(6)  The decision of the chief executive in any disciplinary

proceedings taken against a student of a private higher educational
institution shall be communicated in writing to the student
within fourteen days from the date of the decision.

(7)  Any student of a private higher educational institution

who is dissatisfied with the decision of the chief executive
under subsection (6) may, within fourteen days from the date
of receipt of the decision, submit an appeal in writing to the
Registrar General.

(8)  The Registrar General may, within fourteen days from

the date of receipt of an appeal under subsection (7), appoint
a committee of two or more persons to consider the appeal
and make its recommendations to the Registrar General within
fourteen days from the date of its appointment.

(9)  In submitting his appeal, a student of a private higher

educational institution shall be allowed to make a written
representation to the Registrar General.

(10)  The Registrar General shall, within thirty days from

the date of receipt of the appeal under subsection (7) or the
date of receipt of the recommendations under subsection (8),
as the case may be, decide on the appeal.

(11)  The decision of the Registrar General on the appeal

shall be communicated in writing to the student of a private
higher educational institution within fourteen days from the
date of his decision.”.

Amendment of section 47

25.  Section 47 of the principal Act is amended—

(a) by substituting for the shoulder note the following shoulder
note:

“Student or students’ organization, body or group

associating with societies, etc.”;

(b) by substituting for subsection (1) the following

subsection:
Private Higher Educational Institutions (Amendment) 15

  “(1)  The constitution of a private higher educational

institution shall not contain prohibition—
(a) on a student of the private higher educational
institution from being a member of any society,
organization, body or group of persons, whether
or not it is established under any written law,
whether it is in or outside the private higher
educational institution, and whether it is in
or outside Malaysia, other than—
(i) any political party, whether in or outside
Malaysia;
(ii) any unlawful organization, body or
group of persons, whether in or outside
Malaysia; or
(iii) any organization, body or group
of persons which the Registrar
General has specified in writing to
the chief executive of the private
higher educational institution to be
unsuitable to the interests and well-
being of students or the private higher
educational institution;

(b) on an organization, body or group of students

of the private higher educational institution
which is established by, under or in accordance
with the constitution having any affiliation,
association or other dealing with any society,
organization, body or group of persons,
whether or not it is established under any
written law, whether it is in or outside the
private higher educational institution, whether
it is in or outside Malaysia, other than—
(i) any political party, whether in or outside
Malaysia;
(ii) any unlawful organization, body or
group of persons, whether in or outside
Malaysia; or
(iii) any organization, body or group of
persons which the Registrar General
has specified in writing to the chief
16 Laws of Malaysia Act A1352

executive to be unsuitable to the

interests and well-being of the students
or the private higher educational
institution.”;

(c) by inserting after subsection (1) the following

subsections:

“(1 a )  It shall be the responsibility of the chief

executive to communicate to the students of the private
higher educational institution, and the organizations, body
or group of students of the private higher educational
institution, the names of the organization, body or group
of persons specified by the Registrar General under
subparagraphs (1)(a)(iii) and (b)(iii) to be unsuitable
to the interests and well-being of the students or the
private higher educational institution.

(1b)  The Registrar General may, on the application of

a student of the private higher educational institution,
exempt the student from the provision of subparagraph
1(a)(i), subject to such terms and conditions as he
thinks fit.

(1c)  No student of the private higher educational

institution and no organization, body or group of
students of the private higher educational institution
which is established by, under or in accordance with
the constitution, shall express or do anything which
may reasonably be construed as expressing support
for or sympathy with or opposition to—
(a) any political party, whether in or outside
Malaysia;
(b) any unlawful organization, body or group of
persons, whether in or outside Malaysia; or
(c) any organization, body or group of persons
specified by the Registrar General under
subparagraphs (1)(a)(iii) and (b)(iii) to be
unsuitable to the interests and well-being of
the students or the private higher educational
institution.
 Private Higher Educational Institutions (Amendment) 17

(1d)  Notwithstanding subsection (1c), a student of

the private higher educational institution shall not be
prevented from—
(a) making a statement on an academic matter which
relates to a subject on which he is engaged
in a study or research; or
(b) expressing himself on the matter referred to
in paragraph (a) at a seminar, symposium
or similar occasion that is not organized or
sponsored by any political party, whether in or
outside Malaysia, any unlawful organization,
body or group of persons, whether in or outside
Malaysia, or any organization, body or group
of persons specified by the Registrar General
under subparagraphs (1)(a)(iii) and (b)(iii) to
be unsuitable to the interests and well-being of
the students or the private higher educational
institution.”;

(d) by substituting for subsection (4) the following

subsection:

“(4)  Any student of the private higher educational

institution who contravenes paragraph (1)(a) or subsection
(1c) shall be liable to disciplinary action.”;

(e) by inserting after subsection (4) the following

subsection:

“(4a)  Any organization, body or group of students

of the private higher educational institution which
contravenes paragraph (1)(b) or subsection (1c) shall
be dealt with in accordance with section 49.”; and

(f) by substituting for subsection (5) the following

subsection:

“(5)  Any private higher educational institution which

fails to observe its constitution commits an offence
and shall, upon conviction, be liable to a fine not
exceeding fifty thousand ringgit.”.
18 Laws of Malaysia Act A1352

Substitution of section 48

26.  The principal Act is amended by substituting for section 48

the following section:

“Liability of students or students’ organization, body or

group

48.  Where a registrable offence has been committed under

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

New section 48a

27.  The principal Act is amended by inserting after section 48

the following section:

“Suspension of student charged with registrable offence

and matters relating to detention, etc.

48a.  (1)  Where a student of a private higher educational

institution is charged with a registrable offence—
(a) he may, in the discretion of the chief executive, be
suspended from being a student; and
(b) if so suspended, he shall not during the pendency
of the criminal proceedings, remain in or enter the
private higher educational institution.

(2) Where a student of a private higher educational

institution charged with a registrable offence under subsection
(1) is convicted of that offence, the student shall be liable
to disciplinary action.
Private Higher Educational Institutions (Amendment) 19

(3) Where a student of a private higher educational

institution is detained or is subjected to any order imposing
restrictions on him under any written law relating to preventive
detention or internal security, the student shall be liable to
disciplinary action.

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

is detained or is subjected to any order imposing restrictions
on him under any written law relating to preventive detention
or internal security, or is imprisoned or detained for whatever
reason, may, with the consent of the Registrar General, be
permitted to sit for the examination of the private higher
educational institution subject to such order made or approval
given by the Minister responsible for internal security or any
other competent authority, as the case may require.

(5) A student of a private higher educational institution

who is suspended from being a student of the private higher
educational institution under subsection (1) may, while he is
so suspended, be admitted as a student of any private higher
educational institution established under this Act with the
written approval of the Registrar General, and if the Registrar
General grants such approval, the Registrar General may
impose such terms and conditions as he thinks fit.

(6) A student of the private higher educational institution

who ceases to be a student under this Act may be admitted
as a student of that or any other private higher educational
institution established under this Act with the written approval
of the Registrar General, and if the Registrar General grants
such approval, the Registrar General may impose such terms
and conditions as he thinks fit.

(7) If the determination of any application, appeal or other

proceedings by the court in respect of any criminal proceedings
against a student of the private higher educational institution
for a registrable offence, results in his discharge or acquittal,
the student, if suspended from the private higher educational
institution or has served any period of imprisonment, as the
case may be, shall be allowed to resume his studies at the
private higher educational institution.
20 Laws of Malaysia Act A1352

(8) If the determination of any application, petition, appeal

or other proceedings by the court or any competent authority
in respect of the detention order against or order imposing
restrictions on a student of the private higher educational
institution under any written law relating to preventive detention
or internal security, results in his release or the restrictions
being revoked, the student shall be allowed to resume his
studies at the private higher educational institution.”.

Amendment of section 49

28.  Section 49 of the principal Act is amended by inserting

after subsection (4) the following subsection:

“ (5)  Any organization, body or group of students aggrieved

by the suspension or dissolution made under subsection (1)
may, within fourteen days from the date of receipt of the
notice of the suspension or dissolution, appeal in writing to
the Minister.”.

Deletion of section 50

29.  The principal Act is amended by deleting section 50.

Amendment of section 51

30.  Section 51 of the principal Act is amended by inserting

after subsection (6) the following subsections:

“(7)  All private higher educational institutions shall keep

or cause to be kept a register of teachers in such form and
manner as may be determined by the Registrar General.

(8)  Any private higher educational institution which fails

to keep or cause to be kept a register of teachers commits
an offence and shall, on conviction, be liable to a fine not
exceeding fifty thousand ringgit or to imprisonment for a
term not exceeding six months or to both.”.
 Private Higher Educational Institutions (Amendment) 21

Amendment of section 54

31.  Section 54 of the principal Act is amended—

(a) in paragraph (1)(c), by substituting for the words “standard
of education” the words “quality assurance”; and
(b) in subsection (2), by substituting for the words “(f)” the
words “(e)”.

Amendment of section 56

32.  Section 56 of the principal Act is amended by substituting

for subsection (4) the following subsection:

“(4)  A private higher educational institution whose registration

has been cancelled by the Registrar General may appeal in
writing to the Minister within twenty-one days from being
notified of the decision appealed against.”.

Amendment of section 60

33.  Subsection 60(4) of the principal Act is amended by substituting

for the words “paragraph 56(e)” the words “paragraph 59(e)”.

Substitution of section 61

34. The principal Act is amended by substituting for section 61

the following section:

“61.  (1)  Six months prior to the closing down of a private

higher educational institution, the board of directors shall
ensure that the requirements to be determined by the Registrar
General for the continuation of the education of the students
are complied with.

(2)  A private higher educational institution which fails to

comply with subsection (1) commits an offence and shall,
on conviction, be liable to a fine not exceeding two hundred
thousand ringgit or to imprisonment for a term not exceeding
two years or to both.”.
22 Laws of Malaysia Act A1352

Amendment of section 64

35. Section 64 of the principal Act is amended by inserting after

the word “article” wherever it appears the words “whether in the
physical form or in the electronic medium”.

New section 64a

36. The principal Act is amended by inserting after section 64

the following section:

“Audit

64a.  (1)  For the purposes of this Act, the Registrar General
may carry out audit on the private higher educational institution
in the form and manner as may be prescribed.

(2)  The procedure in carrying out the audit may differ

according to the purposes of the audit.”.

Amendment of section 66

37. Section 66 of the principal Act is amended by inserting after

the word “article” or “articles” wherever they appear the words
“, whether in the physical form or in the electronic medium,”.

Amendment of section 67

38. Paragraph 67(1)(bb) of the principal Act is amended by

inserting after the word “thing” the words “whether in the physical
form or in the electronic medium”.

Amendment of section 68

39. Paragraph 68(c) of the principal Act is amended by inserting

after the word “sought” the words “, whether in the physical form
or in the electronic medium,”.

Amendment of section 69

40.  Section 69 of the principal Act is amended in the English

language text, by substituting for the word “premise” wherever
it appears the word “premises”.
 Private Higher Educational Institutions (Amendment) 23

Amendment of section 74

41.  Section 74 of the principal Act is amended—

(a) in paragraph (c), by substituting for the words
“*Cinematograph Films (Censorship) Act 1952” the
words “Films (Censorship) Act 1952”; and
(b) in paragraph (d), by inserting after the words “conveyed
by” the words “electronic or”.

Amendment of section 80

42. Paragraph 80(a) of the principal Act is amended in the

English language text, by substituting for the word “premise”
the word “premises”.

Amendment of section 82

43. Section 82 of the principal Act is amended by substituting

for the words “five thousand” the words “ten thousand”.

Amendment of section 85

44. Section 85 of the principal Act is amended—

(a) in the shoulder note, by deleting the words “established
by company”;
(b) in subsection (1), by substituting for the words “educational
institution or any person” the words “educational
institution, any person”; and
(c) by deleting subsection (4).

Amendment of section 88

45. Subsection 88(2) of the principal Act is amended by inserting

after paragraph (o) the following paragraph:

“(oa) the manner in which audit may be carried out;”.

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Saving and transitional provisions

46.  (1)  Where on the coming into operation of this Act a criminal
proceeding pending before any court against a student of a private
higher educational institution results in his conviction, the student
shall be liable to a disciplinary action and shall be dealt with
under and in conformity with the provisions of this Act.

(2) Where on the coming into operation of this Act any

application, petition, appeal or other proceeding pending before
the court or any competent authority in respect of any criminal
proceeding against a student of a private higher educational
institution, or detention order against or order imposing restrictions
on a student of a private higher educational institution under
any written law relating to preventive detention or internal
security, results in his acquittal or release, the student shall be
dealt with under and in conformity with the provisions of this
Act.

(3) Where on the coming into operation of this Act, a

disciplinary proceeding is pending against a student of a private
higher educational institution, the proceeding shall be continued
by the chief executive under and in conformity with the provisions
of this Act.

(4) Where on the coming into operation of this Act any

applications, approvals or decisions are pending before the Minister
or the Registrar General, as the case may be, the provisions of
the principal Act applicable to the applications, approvals or
decisions shall continue to apply as if the principal Act had not
been amended by this Act.

DICETAK OLEH
PERCETAKAN NASIONAL MALAYSIA BERHAD,
KUALA LUMPUR
BAGI PIHAK DAN DENGAN PERINTAH KERAJAAN MALAYSIA