Tertiary Education Commission Act

Tertiary Education Commission (Fees and Charges) Regulations 2009

[GN 116 of 2009 – 3 October 2009] [Section 14]

1. These regulations may be cited as the Tertiary Education Commission (Fees and Charges) Regulations 2009.

2. In these regulations –

"institution" means a post-secondary educational institution or a centre, or branch campus, of an overseas institution;

"non-citizen" means –

(a) a person who is not a citizen of Mauritius;

(b) a company which is not domiciled in Mauritius;

"programme" means a structured pathway of learning and training, designed to equip a person with competencies relevant to requirements for the award of a qualification.

3. The Commission shall, for the processing of an application, or for providing a service, specified in the first column of the Schedule, charge –

(a) in the case of an applicant who is a citizen of, or which is domiciled in Mauritius, the fee specified in the second column of the Schedule;

(b) in the case of an applicant who or which is a non-citizen, the fee specified in the third column of the Schedule.

_______________

SCHEDULE

[Regulation 3]

FEE

  (Rs) US Dollars (USD)

1.Application for establishment of institution

5,000 150

2.Application for registration of institution

5,000 150

3.Application for grant of university title

25,000 750

4.Application, per programme, for accreditation of programme

3,000 100

5.Application, per qualification, for recognition of academic or professional qualification

1,000 40

6.Application, per programme, for equivalence of academic or professional qualification

2,000 80

7.Application for grant of awarding status for sub-degree programme

15,000 250

8.Application for grant of degree of awarding status to post-secondary educational institution at start of activities

25,000 750

9.Registration of institution

10,000 300

10.Grant of awarding status to post-secondary educational institution for sub-degree programmes (i.e. certificates and diplomas)

200,000 6,000

11.Grant of university title –

   

(a) grant of awarding status to post-secondary educational institution for sub-degree awards(certificates and diplomas);

200,000 6,000

(b) registration of private University

300,000 9,000
12.Grant of degree of awarding status to post-secondary educational institution at start of activities 400,000 10,000

_______________

Tertiary Education Commission (Registration of Post-Secondary Educational Institutions) Regulations 2005

[GN 119 of 2005 – 9 July 2005] [Section 14]

1. These regulations may be cited as the Tertiary Education Commission (Registration of Post-Secondary Educational Institutions) Regulations 2005.

2. In these regulations –

"Act" means the Tertiary Education Commission Act;

"amendment application" means an application referred to in regulation 3(3)(a);

"applicant" means a person who makes an application under regulation 3(1);

"certificate of registration" means a certificate issued under regulation 7(1);

"conversion application" means an application for full registration by an institution which is provisionally registered under regulation 5(1)(b);

"institution" –

(a) means a private institution offering post-secondary education in Mauritius; and

(b) includes a branch, centre or campus of a parent institution, offering post-secondary education in Mauritius;

"National Qualifications Framework" has the same meaning as in the Mauritius Qualifications Authority Act;

"overseas applicant" means an applicant who makes an application on behalf of a parent institution;

"parent institution" means an educational institution which is registered and operating overseas and to which an overseas applicant is legally, commercially or academically subordinate or on which it is otherwise dependent;

"provisional registration" means registration of a post-secondary educational institution under regulation 5(1)(b);

"registered institution" means an institution which is issued with a certificate of registration under regulation 7(1);

"registration" means registration of an institution under regulation 5(1)(a) or 6(2)(a);

"site" means any learning site, including a campus or learning centre, controlled and administered by an institution.

3. (1) A person shall make an application for the registration of an institution to the Commission in the form set out in the First Schedule and not less than 12 months before the date on which the institution is to start operating.

(2) The Commission may require an applicant to submit such additional information as is necessary to determine the application.

(3) An applicant shall –

 (a) where an amendment pertaining to the name and nature of the institution, the proposed programmes, the proposed sites of delivery or the student enrolment has to be made to an application made under paragraph (1), submit an amendment application in the form set out in the Second Schedule within 6 months of the date of submission of the application made under paragraph (1);

 (b) where any other change is to be made to an application made under paragraph (1), notify the Commission of the proposed change within 3 weeks of the date of submission of the application made under paragraph (1).

(4) (a) An applicant may, at any time prior to being notified of the determination of an application made under paragraph (1), withdraw the application by giving notice in writing to the Commission.

(b) On receipt of a notice of withdrawal given under subparagraph (a), the Commission shall cease to process the application.

(c) An applicant who withdraws an application under subparagraph (a) may submit a fresh application to the Commission within 3 months of the withdrawal.

(5) An applicant may submit a fresh application in the form set out in the First Schedule where –

 (a) his application is rejected under regulation 5(1)(c);

 (b) the provisional registration of his institution lapses under regulation 6(1)(b); or

 (c) the registration of his institution is revoked under section 12C of the Act.

4. Every application submitted under regulation 3(1) shall be accompanied by –

(a) documentary evidence certifying that the institution complies with the applicable law relating to the occupational safety and health of persons on the premises, including copies of licences issued by the relevant authorities;

(b) a financial forecast indicating that –

 (i) the income of the institution is or will be sufficient to sustain its programmes in an acceptable manner; and

 (ii) the institution has or will have a stable financial position that will enable it to maintain operational continuity;

(c) such financial surety or guarantees as may be acceptable to the Commission to ensure that the institution is able to meet its obligations to its enrolled students;

(d) in the case of an overseas applicant, documentary evidence certifying that –

 (i) the parent institution operates lawfully as a university or deemed university, is accredited by the appropriate accrediting body and is reckoned to be a brand name institution in its country of origin;

 (ii) a qualification awarded in its name will be fully recognised by its parent institution and by the appropriate authorities in its country of origin subject to applicable regulations; and

 (iii) a student who is awarded the qualifications of the institution will be eligible for a seat in the parent institution if he applies to enrol for an appropriate advanced qualification in that institution.

5. (1) The Commission may, after considering an application made under regulation 3(1) and such other information as it considers relevant –

 (a) register the institution;

 (b) grant provisional registration to the institution, stating –

  (i) the terms and conditions of the provisional registration; and

  (ii) the date by which a conversion application shall be submitted to the Commission; or

 (c) reject the application.

(2) Notwithstanding paragraph (1), where an applicant is found to have knowingly submitted fraudulent, false or misleading information in his application, the Commission shall reject the application.

6. (1) Where an institution has been provisionally registered under regulation 5(1)(b), it shall –

 (a) include in full in its letterhead and official documents the following –

Provisionally registered with the Tertiary Education Commission until (expiry date) as a post-secondary educational institution under the Tertiary Education Commission Act

 The Provisional Registration Certificate number stated on the certificate;

 (b) submit a conversion application in the form set out in the Third Schedule by the date specified by the Commission under regulation 5(1)(b)(ii), failing which the provisional registration shall lapse.

(2) The Commission may, after considering a conversion application –

 (a) register the institution with effect from the expiry of the provisional registration;

 (b) where it finds that the institution has not complied with the conditions on which it was granted provisional registration, reject the application.

7. (1) The Commission shall, on granting an application for registration of an institution or a conversion application, issue a certificate of registration to the institution in the form set out in the Fourth Schedule.

(2) A certificate of registration shall not be transferable from one institution to another.

8. (1) Every registered institution shall forthwith –

 (a) notify the Commission of a change in any information submitted to the Commission;

 (b) report to the Commission –

  (i) any loss of physical facility in the institution necessary for the proper conduct of a programme;

  (ii) any loss of any supporting service to a programme;

  (iii) any change in the site of delivery of a programme;

  (iv) any significant reduction in the financial or personnel resources needed to sustain a programme; or

  (v) the intent of an institution to acquire another entity or institution.

(2) (a) Subject to subparagraph (b), a registered institution shall not offer any programme other than a programme accredited by the Commission.

(b) Every registered institution may offer programmes of general public or professional development interest in an area of academic or professional competence of post-secondary education, which do not lead to a level of qualification specified in the National Qualifications Framework.

9. A registered institution shall –

(a) display its certificate of registration or a certified copy of the certificate in a prominent place accessible to the public and to all students on each of its sites;

(b) include in full in its letterhead and official documents, the following –

Registered with the Tertiary Education Commission as a post-secondary educational institution under the Tertiary Education Commission Act

 The Registration Certificate number stated on the certificate;

(c) publish at least once each year a calendar, prospectus or brochure for the information of students and the public containing –

 (i) the registered name of the institution;

 (ii) the contact details for its head office and each site;

 (iii) its mission statement;

 (iv) its legal status;

 (v) the name of every director, chief executive and senior

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.