Section 12A: Establishment, registration and accreditation

12A. Establishment, registration and accreditation (1) No person shall— (a) establish a post-secondary educational institution or a centre, or branch campus, of an overseas institution unless it has been approved by the Commission; or (b) operate a post-secondary educational institution or a centre, or branch campus, of an overseas institution unless it has been registered with, and its programmes accredited by, the Commission. (2) (a) Every person who intends to establish a post-secondary educational institution or a centre, or branch campus, of an overseas institution shall apply to the Commission in accordance with the guidelines issued by the Commission and in such form and manner as may be determined by the Commission. (b) Every application made under paragraph (a) shall be accompanied by all the required relevant documents, reports and other information specified in the guidelines. (3) The Commission shall, on the effective date, issue to the applicant an acknowledgement receipt in respect of the application. (4) (a) The Commission shall examine the application made under subsection (2), approve or reject the application and notify in writing the applicant accordingly within 15 working days of the effective date. (b) Where the Commission rejects an application, it shall give reasons therefor. (c) Where an applicant has not received a notification under paragraph (a) after 5 working days of the expiry of the due date, the application shall be deemed to have been approved by the Commission and the acknowledgment receipt shall be deemed to be the letter of approval. (5) No person shall operate a post-secondary educational institution unless every academic staff or trainer in the institution is registered with the Commission. (6) The owner or manager of an institution shall, where an application has been approved pursuant to subsection (4) (a) or (c), apply to the Commission— (a) for the registration of his post-secondary educational institution and every academic staff or trainer in such institution; and (b) for the accreditation of every programme leading to an award offered by his post-secondary educational institution, in accordance with the guidelines issued by the Commission and in such form and manner as may be determined by the Commission. (7) The Commission shall, on the effective date, issue to the applicant an acknowledgment receipt in respect of the application. [Issue 1] T7 – 6 Revised Laws of Mauritius (8) (a) The Commission shall examine the application made under subsection (6), approve or reject the application and notify in writing the applicant accordingly within 42 working days of the effective date. (b) Where the Commission rejects an application, it shall give reasons therefor. (c) Where an applicant has not received a notification under paragraph (a) after 5 working days of the expiry of the due date, the application shall be deemed to have been approved by the Commission and the acknowledgment receipt shall be deemed to be the letter of approval. (9) The approval of an application under subsection (4) (a) or (c) or (8) (a) or (c) shall be subject to such terms and conditions as the Commission may determine. (10) The guidelines referred to in subsections (2) and (6) shall be posted on the website of the Commission. [S. 12A inserted by s. 4 (f) of Act 18 of 2005 w.e.f. 1 July 2005; repealed and replaced by s. 30 (c) of Act 17 of 2007 w.e.f. 22 August 2007.]