Malaysia legislation

Section 46

of *PRIVATE HIGHER EDUCATIONAL INSTITUTIONS ACT 1996

Section 46

(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.

(2)

In the discharge of his duties under subsection (1), the disciplinary authority shall comply with and give effect to directions issued by the Registrar General from time to time in respect of the discipline and conduct of the students of the private higher educational institution.

50 Laws of Malaysia ACT 555

(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.

(3)

The disciplinary authority 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.

(6)

The decision of the disciplinary authority 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 disciplinary authority 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.

Private Higher Educational Institutions 51

(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.

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