Malaysia legislation
Section 2
Section 2
Interpretation
“affiliation” includes the conduct of twinning programmes;
“applicant” for the purpose of an approval for the establishment of a private higher educational institution, means a company locally incorporated or otherwise;
“approval” means approval in writing;
“Assistant Registrar” means an Assistant Registrar of Private Higher
Educational Institutions appointed under subsection 3(2);
“audit” means an evaluation of a private higher educational institution which is carried out in accordance with section 64A;
“board of directors” means a board of directors of a company establishing a private higher educational institution;
“book” includes a record of information and an account or accounting record, however compiled, recorded or stored;
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“branch” means a branch of a private higher educational institution established under this Act;
“branch campus” means a branch of a private higher educational institution with the status of a University or a University College, that is established under this Act;
“Campus”, in relation to a private higher educational institution, means the registered premises of the private higher educational institution;
“certificate” means the academic distinction awarded on a person after successful completion by the person of a course of study which is designed to lead to the award of such certificate or the equivalent thereof;
“chief executive” means a chief executive of a private higher educational institution;
“College” means a private higher educational institution without the status of a University or University College or a foreign branch campus;
“company” means a company incorporated under the Companies
Act 2016 [Act 777] establishing a private higher educational institution under this Act;
“constituent documents” means the statute, charter, memorandum and articles of association, rules and by-laws, partnership agreement or other instruments under or by which an applicant for the establishment of a private higher educational institution, is established and wherein its governing and administrative structure, the scope of its functions, business, powers and duties are set out, whether in one or more documents;
NOTE— This Act has replaced the Companies Act 1965 [Act 125] —see subsection 620(1) of Act 777.
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“constitution” in any context relating to a private higher educational institution means the constitution of the private higher educational institution;
“correspondence” means correspondence delivered by hand or by post;
“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;
“degree” means the degree awarded on a person at a Bachelor level or a Masters level or a Doctorate level after successful completion of a course of study which is designed to lead to the award of such degree or the equivalent thereof;
“Deputy Registrar” means the Deputy Registrar of Private Higher
Educational Institutions appointed under subsection 3(2);
“Deputy Registrar General” means the Deputy Registrar General of
Private
Higher
Educational
Institutions appointed under subsection 3(2);
“diploma” means the diploma awarded on a person after successful completion of a course of study which is designed to lead to the award of such diploma or the equivalent thereof; and includes an advanced diploma”;
“distance education” means instruction or training on or teaching of higher education—
(a)
exclusively through the medium of electronics;
(b)
exclusively through correspondence;
(c)
partly through the medium of electronics and partly through correspondence and other methods of instruction, training or teaching; or
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(d)
partly through the medium of electronics and partly through correspondence or other methods of instruction, training or teaching;
“fee structure” means a detailed amount of payment charged to students for undergoing a course of study or training programme;
“foreign branch campus” means a branch of a foreign University or a
University College that is established under this Act;
“higher education” means instruction or training on or teaching of a course of study leading to the award of a certificate, diploma or degree upon the successful completion thereof;
“initial fund” means an account containing cash contribution that a company limited by guarantee is required to have prior to registration under section 24;
“Minister” means the Minister charged with the responsibility for higher education;
“national language” means the Malay language as stipulated in
Article 152 of the Federal Constitution;
“premises” means a building used as a private higher educational institution and includes a building for the purpose of providing accommodation and other facilities for students and staff of such institution;
“prescribed” means prescribed by regulations made under this Act;
“prescribed fee” means the fee required to be prescribed under this
Act;
“private higher educational institution” means an organization or educational institution, including a University or a University College or a foreign branch campus or a College, approved and registered under this Act, which is not established or maintained by the
Government—
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(a)
providing higher education;
(b)
providing distance education; or
(c)
providing higher education or distance education in affiliation, association or collaboration with—
(i)
a private higher educational institution approved and registered under this Act;
(ii)
other higher educational institutions—
(aa) whether or not established under other written laws; or
(bb) whether within or outside Malaysia;
(iii)
a University or University College established under this Act;
(iv)
a University or University College established under the Universities and University Colleges Act 1971 [Act 30];
(v)
other Universities or University Colleges—
(aa) whether or not established under other written laws; or
(bb) whether within or outside Malaysia;
(vi)
a branch campus; or
(vii)
a professional body whether within or outside
Malaysia leading to the award of professional membership of such professional body;
“registrable offence” has the meaning assigned to it in the
Registration of Criminals and Undesirable Persons Act 1969 [Act 7];
“Registrar” means the Registrar of Private Higher Educational
Institutions appointed under subsection 3(2);
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“Registrar General” means the Registrar General of Private Higher
Educational Institutions appointed under subsection 3(1);
“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;
“teacher” means a person employed by a private higher educational institution to be a teacher and includes a senior professor, professor, assistant professor, senior lecturer, lecturer, assistant lecturer and tutor;
“University” and “University College” mean a private higher educational institution conferred with the status of a University or
University College under section 21.