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Education Act 1996- Part 1

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550

Incorporating all amendments up to 18 August 2015

Date of Royal Assent ... ... ... ... ...

15 July 1996

Date of publication in the Gazette ... ...

1 August 1996

Date of coming into operation ... ...

31 December 1997

 

ACT 550 
EDUCATION ACT 1996 

Part I PRELIMINARY

SECTION

1.Short title and commencement

2.Interpretation

Part II ADMINISTRATION

SECTION

3.Appointment and duty of Director General of Education

4.State Directors of Education and other Education Officers

5.Registrar General of Educational Institutions and Teachers

6.Chief Inspector of Schools and Inspectors of Schools

7.Director of Examinations

8.Power of Minister to issue general directions

9.Power of Minister to issue special directions

9a.Change of names

Part III NATIONAL EDUCATION ADVISORY COUNCIL

SECTION

10.National Education Advisory Council

11.Functions of National Education Advisory Council

12.Right of attendance

13.Power to make regulations in relation to National Education Advisory Council

14.National Education Advisory Council may regulate its own procedure

Part IV NATIONAL EDUCATION SYSTEM

Chapter 1--The National Education System

SECTION

15.National Education System

16.Categories of educational institutions

17.National language as the main medium of instruction

18.National Curriculum to be used by all schools

19.Schools to prepare pupils for prescribed examination

Part IV NATIONAL EDUCATION SYSTEM

Chapter 2--Pre-School Education

SECTION

20.Prohibition against the establishment, operation or management of kindergartens

21.Power of Minister to establish kindergartens

22.National Pre-school Curriculum to be used by all kindergartens

23.Language of instruction in kindergartens

24.Power to make regulations in relation to pre-school education

25.Chapter 2 not applicable to child care centres

26.Non-application of sections 18 and 19

Part IV NATIONAL EDUCATION SYSTEM

Chapter 3--Primary Education

SECTION

27.Minister to provide primary education

28.Establishment and maintenance of national and national-type schools

29.Duration of primary education

29a.Compulsory primary education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 4--Secondary Education

SECTION

30.Minister to provide secondary education

31.Establishment and maintenance of secondary schools

32.Transition class

Part IV NATIONAL EDUCATION SYSTEM

Chapter 5--Post-Secondary Education

SECTION

33.Post-secondary education

Chapter 5A--Vocational Colleges

SECTION

33A.Establishment and maintenance of vocational college

33B.Vocational College Standard Curriculum to be used by vocational colleges

33C.Collaboration with other institution, corporation or industrial organization

33D.Power to make regulations in relation to vocational colleges

Part IV NATIONAL EDUCATION SYSTEM

Chapter 6--Other Educational Institutions

SECTION

34.Other educational institutions

Part IV NATIONAL EDUCATION SYSTEM

Chapter 7--Technical Education and Polytechnics

SECTION

35.Technical education in national secondary schools and other educational institutions

36.Polytechnics may offer courses of study and award qualifications approved by Minister

37.Collaboration with other institutions and industrial organizations in technical and vocational education

38.Provisions as to courses of study in respect of degrees conferred by universities, etc.

39.Power to make regulations in relation to polytechnics

Part IV NATIONAL EDUCATION SYSTEM

Chapter 8--Special Education

SECTION

40.Minister to provide special education

41.Power to prescribe the duration of and curriculum on special education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 9--Teacher Education

SECTION

42.Restriction on establishment of institutes of teacher education

43.Registration of institutes of teacher education

44.Award of certificates or other qualifications by institutes of teacher education

45.Minister may establish and maintain institutes of teacher education

46.Institutes of teacher education to conduct courses of study approved by Minister

47.Provision as to courses of study in respect of degrees, etc., conferred by universities, etc.

48.Instrument of government for institutes of teacher education

49.Power to make regulations in relation to institutes of teacher education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 10--Religious Teaching in Educational Institutions

SECTION

50.Teaching of the Islamic religion

51.Teaching of religious knowledge of a religion other than Islam

52.Financial assistance to Islamic educational institutions not established or maintained by the Minister or State Government

Part IV NATIONAL EDUCATION SYSTEM

Chapter 11--Management of Educational Institutions

SECTION

53.Instrument of government for educational institutions

54.Power to make regulations in relation to instruments of government

55.Educational institution to be managed by its instrument of government

56.Power of Minister to appoint additional governors

57.Appointment of teachers under instrument of government and Act

58.Power of Minister in relation to exercise of functions, etc.

59.Dissolution of board of governors of government or government-aided educational institution

60.Notice of dissolution to contain consequential directions

61.Minister shall appoint a different board upon dissolution of a board

62.Dissolution of board of managers or governors of governmenteducational institution

63.Interpretation

Part IV NATIONAL EDUCATION SYSTEM

Chapter 12--Provisionof Facilities and Services

SECTION

64.Power of Minister to render assistance

65.Medical and dental inspection of pupils

66.Boarding facilities

Part V ASSESSMENT AND EXAMINATION

SECTION

67.Assessment of pupils

68.Examinations

69.Prohibitions on the conduct of examinations

Part VI HIGHER EDUCATION

SECTION

70.Minister to be responsible for higher education

71.Establishment of higher educational institutions, etc., is prohibited

72.Penalty

Part VII PRIVATE EDUCATIONAL INSTITUTIONS

SECTION

73.Saving relating to private educational institutions

74.Private educational institutions to comply with the requirement of National Curriculum and to prepare pupils for prescribed examinations

75.Subjects to be taught in private educational institutions providing post-secondary education

76.Power to make regulations for supervision and control of standard of education

77.Prohibition as to courses of study and training in respect of degrees, etc., conferred by universities, etc.

78.Application of other provisions of the Act to private educational institutions

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 1--Registration of Educational Institutions

SECTION

79.All educational institutions to be registered

80.Register

81.Provisional certificates of registration

82.Registration

83.Change in respect of educational institution premises

84.Refusal to register an educational institution

85.Notice of refusal to register an educational institution

86.Prohibition on advertisement, etc.

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 2--Cancellation of Registration

SECTION

87.Grounds for cancellation of registration of an educational institution

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 3--Registration of Governors and Employees

SECTION

88.All governors and employees to be registered

89.Registration of governor and employee

90.Grounds of refusal to register a governor or employee

91.Notice of refusal to register a governor or employee

92.Appeal against refusal to register a governor or employee

93.Power of Registrar General to strike off the register a governor or employee

94.Retirement of governors and employees

95.Persons struck off the register to be notified

96.Appeal against striking off the register

97.Surrender of certificate of registration

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 4--Registration of Pupils

SECTION

98.Registration of pupils

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 5--Inspection of Educational Institutions by the Registrar General

SECTION

99.Inspections to be made from time to time

100.Powers of Registrar General on inspection of registered educational institutions

101.Inspection of premises of unregistered educational institutions

102.Power to close unregistered educational institution

Part IX REGISTRATION OF TEACHERS

Chapter 1--Registration of Teachers

SECTION

103.Prohibition to teach

104.Register of teachers

105.Application for registration as a teacher

106.Power of Registrar General to refuse to register a person as a teacher

107.Notice of refusal to register a person as a teacher

108.Appeal against refusal to register a person as a teacher

109.Registration of teachers

110.Revocation of registration after notice

111.Appeals

112.Striking off the register

113.Transitional provisions as to registration of teachers

Part IX REGISTRATION OF TEACHERS

Chapter 2--Permits to Teach

SECTION

114.Issue of permits to teach

Part IX REGISTRATION OF TEACHERS

Chapter 3--M iscellaneous

SECTION

115.Surrender of certificates of registration as a teacher

116.Duty of teacher to notify change of educational institution

Part X THE INSPECTORATE OF SCHOOLS

Chapter 1--The Inspectorate

SECTION

117.Duties of Chief Inspector

118.Advisory powers of Inspectors of Schools

119.Restriction on orders of Inspectors of Schools

120.Reports by Inspectors of Schools

Part X THE INSPECTORATE OF SCHOOLS

Chapter 2--General

SECTION

121.General powers of Inspectors of Schools

122.Chief Inspector may authorize Education Officers to act on his behalf

Part XI FINANCE

SECTION

123.Saving relating to Minister

124.Grant-in-aid and capital grant to be subject to conditions, etc., as may be prescribed

125.Power of Minister to suspend or cancel payment of any grant

Part XII APPEALS

SECTION

126.Minister to decide on appeals after investigation

127.Powers of Committee of Enquiry

128.No appearance by advocate and solicitor before the Committee of Enquiry

129.Evidence before the Committee of Enquiry

Part XIII REGULATIONS

SECTION

130.Power of Minister to make regulations

131.Regulations may prescribe penalties for contravention thereof

Part XIV OFFENCES AND PENALTIES

SECTION

132.Offences and penalties relating to registration of educational institutions

133.Offences and penalties relating to registration of teachers

134.Offences and penalties relating to Inspectors

135.General penalty

136.Power to investigate

137.Power to enter without warrant

138.Institution and conduct of prosecution

139.Power to compound offences

Part XV MISCELLANEOUS

SECTION

140.Officers deemed to be public servants

141.Requirements as to premises

142.Enrolment of pupils in government or government-aided educational institutions

143.Power to exempt educational institutions

144.Special Committee

145.Service of notices, etc.

Part XVI TRANSITIONAL AND REPEAL

SECTION

146.Change of title of certain educational institutions

147.Secondary vocational schools to be part of national secondary schools until annulled

148.Assistance to existing educational institutions

149.Saving in respect of contribution towards religious teaching

150.Saving in respect of certain exempted educational institutions, etc.

151.Saving in respect of registered educational institution, governor, manager or employee

152.Winding up of Central Board

153.Maintenance of contributory fund

154.References to governor or board of governors to include manager and board of managers

155.Repeal

156.Power of Minister of Finance

Schedule

An Act to provide for education and for matters connected therewith.

[31 December 1997, P.U.(B) 541[#8260]1997]

WHEREAS acknowledging that knowledge is the key determinant of the destiny and survival of the nation:

AND WHEREAS the purpose of education is to enable the Malaysian society to have a command of knowledge, skills and values necessary in a world that is highly competitive and globalised, arising from the impact of rapid development in science, technology and information:

AND WHEREAS education plays a vital role in achieving the country's vision of attaining the status of a fully developed nation in terms of economic development, social justice, and spiritual, moral and ethical strength, towards creating a society that is united, democratic, liberal and dynamic:

AND WHEREAS it is the mission to develop a world-class quality education system which will realise the full potential of the individual and fulfill the aspiration of the Malaysian nation:

AND WHEREAS the National Education Policy is based on the National Philosophy of Education which is expressed as follows:

"Education in Malaysia is an ongoing effort towards further developing the potential of individuals in a holistic and integrated manner so as to produce individuals who are intellectually, spiritually, emotionally and physically balanced and harmonious, based on a firm belief in and devotion to God. Such an effort is designed to produce Malaysian citizens who are knowledgeable and competent, who possess high moral standards, and who are responsible and capable of achieving a high level of personal well-being as well as being able to contribute to the betterment of the family, the society and the nation at large":

AND WHEREAS the above policy is to be executed through a national system of education which provides for the national language to be the main medium of instruction, a National Curriculum and common examinations; the education provided being varied and comprehensive in scope and which will satisfy the needs of the nation as well as promote national unity through cultural, social, economic and political development in accordance with the principles of Rukunegara:

AND WHEREAS it is considered desirable that regard shall be had, so far as is compatible with that policy, with the provision of efficient instruction and with the avoidance of unreasonable public expenditure, to the general principle that pupils are to be educated in accordance with the wishes of their parents:

NOW, THEREFORE, BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/1.Short title and commencement

Part I PRELIMINARY

1. Short title and commencement

This Act may be cited as the Education Act 1996 and shall come into force on a date to be appointed by the Minister by notification in the Gazette, and the Minister may appoint different dates for different provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/2.Interpretation

2. Interpretation

In this Act, unless the context otherwise requires--

"age",

in relation to a pupil, means the age attained by the pupil on the first day of the first month of the school year in question;

"appointed date"

means the date of coming into force of this Act;

"approved fees"

means fees approved by the Minister;

"Assistant Registrar"

means an Assistant Registrar of Educational Institutions or Assistant Registrar of Teachers, as the case may be, appointed under subsection 5(3);

"capital grant"

means a payment from public funds to an educational institution for--

(a) the provision of buildings; 

(b) the alteration to or extension of existing premises; 

(c) the provision of furniture or equipment for new, altered or extended premises; or 

(d) such other purposes as may be prescribed; 

"Chief Inspector"

means the Chief Inspector of Schools appointed under subsection 6(1);

"Chinese language"

means the form of the Chinese language commonly known as Mandarin;

"compulsory education"

means primary education which is prescribed to be compulsory education under subsection 29a(1);

"correspondence"

means correspondence delivered by hand or by post;

"correspondence school"

means an organization or institution providing instruction or teaching by means of correspondence;

"Director of Education"

means a Director of Education of a State or Federal Territory appointed under section 4;

"Director General"

means the Director General of Education appointed under section 3;

"distance education centre"

means a place, an organization or an institution providing instruction or teaching--

(a) exclusively through the medium of electronics; 

(b) exclusively through correspondence; 

(c) partly through the medium of electronics and partly through correspondence or other methods of instruction; or 

(d) partly through the medium of electronics and partly through correspondence and other methods of instruction; 

"Education Officer",

in relation to a district or an area, means an education officer appointed under paragraph4(b);

"Education Service"

means a public service under paragraph (h) of Clause (1) of Article 132 of the Federal Constitution;

"educational institution"

means a school or any other place where, in the carrying on of the work of an organization or institution, persons are habitually taught, whether in one or more classes, and includes a kindergarten and a distance education centre but does not include--

(a) any place where the teaching is confined exclusively to the teaching of any religion; or 

(b) any place declared by the Minister by notification in the Gazette not to be an educational institution for the purposes of this Act; 

"employee"

means a person employed by a board of governors, other than a governor, a teacher or such other person as may be appointed or nominated by the Minister under subsection58(2) or 61(2), as the case may be, employed or actively taking part in work connected with the running or the administration of an educational institution;

"extension education"

means a full-time or part-time education for persons who are not following the usual course of study at an educational institution;

"government school" or "government educational institution"

means a school or an educational institution established and fully maintained by the Minister under Part IV;

"government-aided school"or "government-aided educational institution"

means a school or an educational institution in receipt of capitalgrant and full grant-in-aid;

"governor"

means a person who is empowered under an instrument of governmentto administer or manage an educational institution;

"grant-in-aid"

means any payment from public funds, other than a capitalgrant, made to an educational institution;

"higher education"

means education provided by a higher educational institution;

"higher educationalinstitution"

means an educational institutionproviding higher education leading to the award of a diploma, degreeor the equivalent thereof;

"institute of teachereducation"

means an educational institutionproviding teacher education leading to the award of a certificate,a diploma, a teaching degree or the equivalent thereof, or any otherqualification as prescribed;

"instrument of government"

means an instrument of government as specified in section 53;

"kindergarten"

means any place where pre-school education is provided to ten or more pupils;

"lower secondary education"

means a three-year course appropriate for a pupil who has completed primary education;

"National Curriculum"

means such curriculum as may be prescribed;

"national language"

means the Malay language as stipulated in Article 152 of the Federal Constitution;

"national school"

means a government or government-aided primary school--

(a) providing primary education appropriate for pupils from the age of six years; 

(b) using the national language as the main medium of instruction; 

(c) in which the English language is a compulsory subject of instruction; and 

(d) in which facilities for the teaching of-- 

(i) the Chinese or Tamil language shall be made available if the parents of at least fifteen pupils in the school so request; and 

(ii) indigenous languages shall be made available if it is reasonable and practicable so to do and if the parents of at least fifteen pupils in the school so request;

"national secondary school"

means a government or government-aided secondary school--

(a) providing a five-year course of secondary education appropriate for pupils who have just completed primary education; 

(b) using the national language as the main medium of instruction; 

(c) in which the English language is a compulsory subject of instruction; 

(d) in which facilities for the teaching of-- 

(i) the Chinese or Tamil language shall be made available if the parents of at least fifteen pupils in the school so request; 

(ii) indigenous languages shall be made available if it is reasonable and practicable so to do and if the parents of at least fifteen pupils in the school so request; and 

(iii) Arabic, Japanese, German or French or any other foreign language may be made available if it is reasonable and practicable so to do; and 

(e) preparing pupils for such examinations as may be prescribed, 

and includes any such school providing a transition class;

"national-type school"

means a government or government-aided primary school--

(a) providing primary education appropriate for pupils from the age of six years; 

(b) using the Chinese or Tamil language as the main medium of instruction; and 

(c) in which the national and English languages are compulsory subjects of instruction; 

"parent"

includes a guardian and any person who has the legal or actual control of a pupil;

"place"

means any place, whether public or private;

"post-secondary education"

means education provided to a person who has completed upper secondary education, but does not include higher education;

"pre-school curriculum"

means the National Pre-school Curriculum prescribed by the Minister under section 22;

"pre-school education"

means an educational programme for pupils from the ages of four to six years;

"premises"

means any building used as an educational institution and includes any building for the purpose of providing accommodation and other facilities for pupils and staff of the institution but does not include any land occupied therewith;

"prescribed"

means prescribed by regulations made under this Act;

"primary education"

means a course of study at primary level which is designed for a duration of six years but which may be completed within five to seven years;

"primary school"

means a school providing primary education appropriate for pupils from the age of six years;

"private school" or "private educational institution"

means a school or an educational institution which is not a government or government-aided school or educational institution;

"pupil"

means a person of any age for whom education or training is being provided in an educational institution;

"registered teacher"

means any teacher registered under this Act;

"Registrar"

means the Registrar of Educational Institutions and Teachers appointed under subsection 5(3) and includes the Registrar General;

"Registrar General"

means the Registrar General of Educational Institutions and Teachers appointed under subsection5(1), and includes the Deputy Registrar General of Educational Institutions and Teachers appointed under subsection5(2);

"school"

means a place where ten or more persons are habitually taught whether in one or more classes, but does not include any place where the teaching is confined exclusively to the teaching of any religion;

"secondary education"

means education comprising lower secondary and upper secondary education;

"secondary school"

means a school providing secondary education appropriate for a pupil who has just completed primary education;

"special education"

means education that caters for pupils with special needs;

"special school"

means a school providing special education as prescribed by regulations made under section 41;

"State Authority"

means the Ruler or Yang di-Pertua Negeri of a State and, in the case of a Federal Territory, the Yang di-Pertuan Agong;

"teacher"

means a person who--

(a) teaches pupils in an educational institution; or 

(b) prepares or issues lessons or corrects returned answers in, for or through a distance education centre, 

and includes a head teacher or principal;

"transition class"

means a class in a secondary school providing one year of instruction to pupils from a primary school using a language other than the national language as the medium of instruction prior to the commencement of the lower secondary education;

"upper secondary education"

means education suitable to the abilities and aptitudes of a pupil who has completed lower secondary education;

"vocational college"

means an educational institution established and fully maintained by the Minister under section 33A.

"Vocational College Standard Curriculum"

means the Vocational College Standard Curriculum prescribed under section 33B.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/3.Appointment and duty of Director General of Education

Part II ADMINISTRATION

3. Appointment and duty of Director General of Education

(1) There shall be a Director General of Education who shall be appointed by the Yang di-Pertuan Agong from amongst the officers in the Education Service.

(2) The Director General shall have the powers and exercise the functions conferred on him by this Act, and shall advise the Minister on matters pertaining to education.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/4.State Directors of Education and other Education Officers

4. State Directors of Education and other Education Officers

There shall be--

(a) for each State or for such other area in Malaysia as may be determined by the Minister a Director of Education; and 

(b) for each district or for such other area in a State as may be determined by the Minister an Education Officer designed as such for the purposes of this Act, 

who shall be appointed by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/5.Registrar General of Educational Institutions and Teachers

5. Registrar General of Educational Institutions and Teachers

(1) There shall be a Registrar General of Educational Institutions and Teachers who shall be appointed by the Minister.

(2) The Minister may appoint a Deputy Registrar General of Educational Institutions and Teachers.

(3) The Minister shall appoint a Registrar of Educational Institutions and Teachers for each State and for such area within Malaysia as may be determined by the Minister, and may appoint such numbers of Deputy Registrars of Educational Institutions and Teachers, Assistant Registrars of Schools and Assistant Registrars of Teachers as may be considered necessary for the purposes of this Act.

(4) The Deputy Registrar General, the Registrars, the Deputy Registrars and the Assistant Registrars shall be under the direction and control of the Registrar General.

(5) The Registrar General shall have the powers and exercise the functions conferred on him by this Act, and in his absence such powers and functions may be had or exercised by the Deputy Registrar General.

(6) The Registrar, the Deputy Registrar or the Assistant Registrar may exercise all the powers and functions conferred on the Registrar General by or under this Act, subject to any restriction that may be imposed by the Registrar General.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/6.Chief Inspector of Schools and Inspectors of Schools

6. Chief Inspector of Schools and Inspectors of Schools

(1) The Minister shall appoint a Chief Inspector of Schools.

(2) The Minister shall appoint such other Inspectors of Schools as may be considered necessary for the purposes of this Act.

(3) All Inspectors of Schools appointed under subsection (2)shall be subject to the direction and control of the Chief Inspector of Schools.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/7.Director of Examinations

7. Director of Examinations

(1) The Minister shall appoint a Director of Examinations and may appoint such other officers to act under the general direction and control of the Director of Examinations as he may consider necessary for the purposes of this Act.

(2) The Director of Examinations shall, subject to any regulations made under section 68, be responsible for the conduct of examinations for the purposes of this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/8.Power of Minister to issue general directions

8. Power of Minister to issue general directions

The Minister may from time to time give an officer appointed under this Part directions of a general character, and not inconsistent with the provisions of this Act, as to the exercise of the powers and discretion conferred on the officer by, and the duties required to be discharged by the officer under, this Act and regulations made under this Act, in relation to all matters which appear to the Minister to affect the National Education Policy, and the officer shall give effect to every such direction.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/9.Power of Minister to issue special directions

9. Power of Minister to issue special directions

The Minister may from time to time give--

(a) a governor or any member of a board appointed under subsection61(1), or an employee or head teacher, of an educational institution; and 

(b) a member of the Central Board established under section92 of the Education Act 1961 [Act 43 of 1961]

directions, not inconsistent with the provisions of this Act or any regulations made under this Act, in relation to any matter in respect of which regulations may be made under this Act, and the governor, member, employee or head teacher shall give effect to every such direction.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/9a.Change of names

9a. Change of names

(1) All references to the "Registrar General of Schools and Teachers", "Deputy Registrar General of Schools and Teachers", "Registrars of Schools and Teachers" and "Assistant Registrars of Schools and Teachers" in any instrument, document, agreement or working arrangement subsisting immediately before the date of coming into operation of this Act shall, on and after the date of coming into operation of this Act, be construed as references to the "Registrar General of Educational Institutions and Teachers", "Deputy Registrar General of Educational Institutions and Teachers", "Registrars of Educational Institutions and Teachers" and "Assistant Registrars of Educational Institutions and Teachers" respectively.

(2) The change of names from the "Registrar General of Schools and Teachers", "Deputy Registrar General of Schools and Teachers", "Registrars of Schools and Teachers" and "Assistant Registrars of Schools and Teachers" to "Registrar General of Educational Institutions and Teachers", "Deputy Registrar General of Educational Institutions and Teachers", "Registrars of Educational Institutions and Teachers" and "Assistant Registrars of Educational Institutions and Teachers" respectively shall not affect any powers, rights, privileges, liabilities, duties or obligations of the "Registrar General of Schools and Teachers", "Deputy Registrar General of Schools and Teachers", "Registrars of Schools and Teachers" and "Assistant Registrars of Schools and Teachers", or render defective any legal proceeding by or against them.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/10.National Education Advisory Council

Part III NATIONAL EDUCATION ADVISORY COUNCIL

10. National Education Advisory Council

(1) There may be established for the purposes of this Act a National Education Advisory Council.

(2) The National Education Advisory Council shall consist of a chairman and such other persons as may be appointed by the Minister.

(3) Subject to regulations made under this Part, each member of the National Education Advisory Council shall hold office for such term and subject to such conditions as may be specified in his letter of appointment.

(4) Any appointment made in pursuance of this section shall be published in the Gazette.

 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/11.Functions of National Education Advisory Council

11. Functions of National Education Advisory Council

(1) The Minister may refer to the National Education Advisory Council any matter relating to education for its advice.

(2) The National Education Advisory Council shall, when any matter is referred to it under subsection (1), consider such matter and submit to the Minister its advice thereon.

 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/12.Right of attendance

12. Right of attendance

The Minister may attend, and may nominate representatives to attend, any meeting of the National Education Advisory Council.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/13.Power to make regulations in relation to National Education Advisory Council

13. Power to make regulations in relation to National Education Advisory Council

The Minister may make regulations for the purpose of giving effect to the provisions of this Part, and, without prejudice to the generality of such power, may by the regulations provide for--

(a) the number of members of the Council; 

(b) the terms and conditions of office of members; 

(c) meetings and procedures of the Council; 

(d) the appointment of committees and sub-committees of the Council; and 

(e) such other matters as the Minister considers necessary for the proper functioning of the Council. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/14.National Education Advisory Council may regulate its own procedure

14. National Education Advisory Council may regulate its own procedure

Subject to this Act and any regulations made under this Act, the National Education Advisory Council may regulate its own procedure.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/15.National Education System

Part IV NATIONAL EDUCATION SYSTEM

Chapter 1--The National Education System

15. National Education System

The National Education System shall comprise--

(a) pre-school education; 

(b) primary education; 

(c) secondary education; 

(d) post-secondary education; and 

(e) higher education, 

but shall not include education in expatriate schools or international schools.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/16.Categories of educational institutions

16. Categories of educational institutions

There shall be three categories of educational institutions in the National Education System, namely--

(a) government educational institutions; 

(b) government-aided educational institutions; and 

(c) private educational institutions. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/17.National language as the main medium of instruction

17. National language as the main medium of instruction

(1) The national language shall be the main medium of instruction in all educational institutions in the National Education System except a national-type school established under section28 or any other educational institution exempted by the Minister from this subsection.

(2) Where the main medium of instruction in an educational institution is other than the national language, the national language shall be taught as a compulsory subject in the educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/18.National Curriculum to be used by all schools

18. National Curriculum to be used by all schools

(1) The Minister shall prescribe a curriculum to be known as the National Curriculum which, subject to subsection(3), shall be used by all schools in the National Education System.

(2) The National Curriculum prescribed under subsection(1) shall specify the knowledge, skills and values that are expected to be acquired by pupils at the end of their respective periods of schooling and shall include the core subjects as set out in the Schedule and such other subjects as may be prescribed.

(3) In the case of private schools, subsection (1) shall be deemed to have been complied with if the core subjects of the National Curriculum as set out in the Schedule are taught in the schools.

(4) The Minister may from time to time by order published in the Gazette add to, amend or alter the Schedule.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/19.Schools to prepare pupils for prescribed examination

19. Schools to prepare pupils for prescribed examination

Every school shall prepare its pupils for examinations prescribed by or under this Act or any regulations made under this Act unless otherwise exempted by or under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/20.Prohibition against the establishment, operation or management of kindergartens

Part IV NATIONAL EDUCATION SYSTEM

Chapter 2--Pre-School Education

20. Prohibition against the establishment, operation or management of kindergartens

(1) No kindergarten shall be established, operated or managed unless it is registered under this Act.

(2) A person who contravenes subsection (1) shall be guilty of an offence.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/21.Power of Minister to establish kindergartens

21. Power of Minister to establish kindergartens

The Minister may subject to the provisions of this Act establish and maintain kindergartens.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/22.National Pre-school Curriculum to be used by all kindergartens

22. National Pre-school Curriculum to be used by all kindergartens

(1) The Minister shall prescribe a curriculum, to be known as the National Pre-school Curriculum, that shall be used by all kindergartens in the National Education System.

(2) The National Pre-school Curriculum prescribed under subsection(1) shall specify the knowledge, skills and values that are expected to be acquired by the pupils at the end of their respective period of pre-school education.

(3) Any kindergarten intending to implement any curriculum in addition to the National Pre-school Curriculum shall, before implementing such additional curriculum, obtain the written approval of the Registrar General of such intention in such manner as may be prescribed.

(4) A person who contravenes subsection (1) or (3) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/23.Language of instruction in kindergartens

23. Language of instruction in kindergartens

Notwithstanding subsection17(1), languages other than the national language may be used as a medium of instruction in kindergartens, but where a kindergarten uses a language other than the national language, the national language shall be taught as a compulsory subject.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/24.Power to make regulations in relation to pre-school education

24. Power to make regulations in relation to pre-school education

The Minister may make regulations for the carrying out of the provisions of this Chapter.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/25.Chapter 2 not applicable to child care centres

25. Chapter 2 not applicable to child care centres

The provisions of this Chapter shall not apply to a child care centre established and registered under any written law relating to such centre.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/26.Non-application of sections 18 and 19

26. Non-application of sections 18 and 19

Sections 18 and 19 shall not apply to kindergartens.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/27.Minister to provide primary education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 3--Primary Education

27. Minister to provide primary education

It shall be the duty of the Minister to provide primary education in government and government-aided primary schools.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/28.Establishment and maintenance of national and national-type schools

28. Establishment and maintenance of national and national-type schools

Subject to the provisions of this Act, the Minister may establish national schools and national-type schools and shall maintain such schools.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/29.Duration of primary education

29. Duration of primary education

A national school, national-type school or private school established under this Act shall provide a course of primary education designed for a duration of six years but which may be completed within five to seven years.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/29a.Compulsory primary education

29a. Compulsory primary education

(1) The Minister may, by order published in the Gazette,prescribe primary education to be compulsory education.

(2) Every parent who is a Malaysian citizen residing in Malaysia shall ensure that if his child has attained the age of six years on the first day of January of the current school year that child is enrolled as a pupil in a primary school in that year and remains a pupil in a primary school for the duration of the compulsory education.

(3) The Minister may, if he considers it desirable and in the interest of the pupils or the public to do so, by order published in the Gazette, exempt any pupil or any class of pupils from the requirement to attend compulsory education, either absolutely or subject to such conditions as he may think fit to impose, and may at any time in his discretion revoke the exemption or revoke or alter or add to such conditions.

(4) A parent who contravenes subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding six months or to both.

(5) The Minister may make regulations for the carrying into effect of the provisions of this section.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/30.Minister to provide secondary education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 4--Secondary Education

30. Minister to provide secondary education

(1) It shall be the duty of the Minister to provide secondary education in the following national secondary schools:

(a) academic secondary schools; 

(b) technical secondary schools; and 

(c) secondary schools of such other descriptions as the Minister may from time to time determine. 

(2) Subject to the provisions of this Act, the Minister may provide upper secondary education in any national secondary school.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/31.Establishment and maintenance of secondary schools

31. Establishment and maintenance of secondary schools

Subject to the provisions of this Act, the Minister may establish and maintain any of the schools described in section 30.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/32.Transition class

32. Transition class

The Minister may provide for a transition class in any academic national secondary school.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/33.Post-secondary education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 5--Post-Secondary Education

33. Post-secondary education

The Minister may provide post-secondary education in--

(a) the national secondary schools described in paragraphs 30(1)(a) and (1)(b); 

(b) colleges; and 

(c) any other national secondary school or educational institution established and maintained by the Minister under this Act. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/33A.Establishment and maintenance of vocational college

Part IV NATIONAL EDUCATION SYSTEM

Chapter 5A--Vocational Colleges

33A. Establishment and maintenance of vocational college

(1) Subject to the provisions of this Act, the Minister may establish and fully maintain a vocational college.

(2) A vocational college established under subsection (1) shall provide technical and vocational education and training for pupils who have completed lower secondary education.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/33B.Vocational College Standard Curriculum to be used by vocational colleges

Part IV NATIONAL EDUCATION SYSTEM

Chapter 5A--Vocational Colleges

33B. Vocational College Standard Curriculum to be used by vocational colleges

The Minister shall prescribe a curriculum, to be known as the Vocational College Standard Curriculum, which shall be used by all vocational colleges.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/33C.Collaboration with other institution, corporation or industrial organization

Part IV NATIONAL EDUCATION SYSTEM

Chapter 5A--Vocational Colleges

33C. Collaboration with other institution, corporation or industrial organization

(1) A vocational college may collaborate with any institution, corporation or industrial organization for the purposes of--

(a) implementing the Vocational College Standard Curriculum; 

(b) upgrading technical and vocational education and training of the pupils; 

(c) giving effect to the transfer of technology; and 

(d) carrying out any technical and vocational education and training considered desirable and beneficial to the vocational college or the pupils. 

(2) Any programme or training conducted in collaboration with an institution, corporation or industrial organization under subsection (1) shall use the Vocational College Standard Curriculum.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/33D.Power to make regulations in relation to vocational colleges

Part IV NATIONAL EDUCATION SYSTEM

Chapter 5A--Vocational Colleges

33D. Power to make regulations in relation to vocational colleges

The Minister may make regulations for the carrying into effect of the provisions of this Chapter and without prejudice to the generality of such power, the regulations may provide for--

(a) the Vocational College Standard Curriculum which shall include the knowledge, skills and  values that are expected to be acquired by pupils at the end of the vocational education period; 

(b) the carrying out of evaluation or assessment and the conduct of examinations for vocational colleges by the Director of Examinations; 

(c) the award of certificates or diplomas; 

(d) the discipline of pupils, including the discipline and activity of pupils while undergoing a course of study, training or programme outside the vocational college; 

(e) the duration of semester of vocational colleges, the days on which and the hours during which pupils shall attend the vocational colleges and the days which shall be observed as holidays by all vocational colleges or any vocational colleges; 

(f) the admission of pupils to a vocational college, the keeping of register of pupils, the age limit and conditions under which pupils may be retained in a vocational college or in any class in a vocational college; 

(g) the establishment, organization, management, control and dissolution of association of pupils of the vocational colleges;

(h) any other matter as the Minister thinks expedient or necessary for the purpose of this Chapter. 

 Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/34.Other educational institutions

Part IV NATIONAL EDUCATION SYSTEM

Chapter 6--Other Educational Institutions

34. Other educational institutions

(1) Subject to the provisions of this Act, the Minister may establish and maintain the following educational institutions:

(a) colleges, other than colleges with the status of University or University College established or deemed to be established under the Universities and University Colleges Act 1971 Act 30]; 

(b) specialschools; 

(c) polytechnics;and 

(d) any othereducational institution, the establishment or maintenance of whichis not provided for under this Act or the Universities and UniversityColleges Act 1971. 

(2) The Ministermay give grant-in-aid to an educational institution, not establishedby him, falling within paragraph (1)(a) or (1)(b).

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/35.Technical and vocational education and training in national secondary schools and other educational institutions

Part IV NATIONAL EDUCATION SYSTEM

Chapter 7--Technical Education and Polytechnics

35. Technical and vocational education and training in national secondary schools and other educational institutions

(1) The Minister may provide technical and vocational education and training in--

(a) any national secondary school described in section30; or 

(b) other educational institutions described in paragraph 34(1)(a) or (1)(c). 

(2) For the purpose of subsection (1), technical and vocational education and training includes the provision of--

(a) skill training; 

(b) specialized training related to a specific job; 

(c) training for the upgrading of existing skills; and 

(d) such other technical or vocational training as may be approved by the Minister. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/36.Polytechnics may offer courses of study and award qualifications approved by Minister

36. Polytechnics may offer courses of study and award qualifications approved by Minister

A polytechnic established under (c) may--

(a) offer courses of study and training programmes approved by the Minister; and 

(b) award certificates, diplomas or such other qualifications as may be prescribed. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/37.Collaboration with other institutions and industrial organizations in technical and vocational education

37. Collaboration with other institutions and industrial organizations in technical and vocational education

(1) Subject to the approval of the Minister, a polytechnic established under this Act may, in collaboration with any institution, corporation or industrial organization, conduct technical or vocational courses or training programmes (including exchange programmes) which the Minister deems expedient for the purposes of--

(a) giving effect to the transfer of technology; 

(b) upgrading technical and vocational skills of teachers, employees and pupils of the polytechnic; and 

(c) carrying out such training programmes as the Minister considers desirable and beneficial to the polytechnic or its pupils or teachers. 

(2) The approval given under subsection (1) may be subject to such terms and conditions as the Minister may impose.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/38.Provisions as to courses of study in respect of degrees conferred by universities, etc.

38. Provisions as to courses of study in respect of degrees conferred by universities, etc.

(1) A polytechnic established under this Act may, with the approval of the Minister, conduct courses of study or training programmes for diplomas, certificates or other forms of recognition of a qualification conferred by any university or other institution of higher education within Malaysia or outside Malaysia.

(2) The approval given under subsection (1) may be made subject to such terms and conditions as the Minister may deem fit to impose.

(3) The Minister shall not give his approval under subsection(1) unless he is satisfied that the polytechnic has made all suitable arrangements with the university or other institution of higher education concerned with the conduct of the courses of study or training programmes.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/39.Power to make regulations in relation to polytechnics

39. Power to make regulations in relation to polytechnics

The Minister may make regulations for the carrying into effect of the provisions of this Chapter and, without prejudice to the generality of such power, the regulations may provide for--

(a) the establishment of a board or body to carry out evaluation or assessment or to conduct examinations for polytechnics; 

(b) the establishment of a board or body to develop, monitor and modify the curriculum as to courses of study and training programmes offered by polytechnics; 

(c) the award of a certificate or diploma or any other qualification; 

(d) the discipline of pupils; 

(e) the establishment, organization, management, control and dissolution of any council, body or committee for extra-curricular activities in polytechnics; and 

(f) any other matter which the Minister deems expedient or necessary for the purposes of this Chapter. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/40.Minister to provide special education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 8--Special Education

40. Minister to provide special education

The Minister shall provide special education in special schools established under paragraph 34(1)(b) or in such primary or secondary schools as the Minister deems expedient.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/41.Power to prescribe the duration of and curriculum on special education

41. Power to prescribe the duration of and curriculum on special education

(1) Subject to subsections (2) and (3), the Minister may by regulations prescribe--

(a) the duration of primary and secondary education suitable to the needs of a pupil in receipt of special education; 

(b) the curriculum to be used in respect of special education; 

(c) the categories of pupils requiring special education and the methods appropriate for the education of pupils in each category of special schools; and 

(d) any other matter which the Minister deems expedient or necessary for the purposes of this Chapter. 

(2) The duration prescribed by the Minister under paragraph (1)(a) shall not be less than the minimum duration for primary or secondaryeducation, as the case may be, provided for under this Act.

(3) The curriculumprescribed under paragraph (1)(b) shall comply with the requirements of the National Curriculum in so far as it is reasonably practicable.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/42.Restriction on establishment of institutes of teacher education

Part IV NATIONAL EDUCATION SYSTEM

Chapter 9--Teacher Education

42. Restriction on establishment of institutes of teacher education

No person shall establish or maintain a teacher education college except with the approval of the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/43.Registration of institutes of teacher education

43. Registration of institutes of teacher education

All institutes of teacher education, the establishment or maintenance of which have been approved under section 42, shall be registered under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/44.Award of certificates or other qualifications by institutes of teacher education

44. Award of certificates or other qualifications by institutes of teacher education

A teacher education college established under this Act may award a certificate, diploma, teaching degree or such other qualifications as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/45.Minister may establish and maintain institutes of teacher education

45. Minister may establish and maintain institutes of teacher education

Notwithstanding section42, the Minister may establish and maintain institutes of teacher education and provide therein teacher education.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/46.Institutes of teacher education to conduct courses of study approved by Minister

46. Institutes of teacher education to conduct courses of study approved by Minister

Every teacher education college established under this Chapter shall conduct such courses of study and training programmes as may be approved by the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/47.Provision as to courses of study in respect of degrees, etc., conferred by universities, etc.

47. Provision as to courses of study in respect of degrees, etc., conferred by universities, etc.

(1) A teacher education college established under this Chapter may, with the approval of the Minister, conduct courses of study or training programmes for degrees, diplomas, certificates or other forms of recognition of a qualification conferred by any university or other institution of higher education within Malaysia or outside Malaysia.

(2) The approval given under subsection (1) may be made subject to such terms and conditions as the Minister may deem fit to impose.

(3) The Minister shall not give his approval under subsection(1) unless he is satisfied that the teacher education college has made suitable arrangements with the university or other institution of higher education concerned with the conduct of the courses of study or training programmes.

(4) A person who contravenes subsection (1) or fails to comply with any term or condition imposed by the Minister under subsection (2) shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/48.Instrument of government for institutes of teacher education

48. Instrument of government for institutes of teacher education

(1) Except for institutes of teacher education established and maintained by the Minister under section45, every teacher education college established under this Act shall have an instrument of government.

(2) Every instrument of government under this section shall be approved by, and shall be deposited with, the Registrar General at the time of registration.

(3) Every instrument of government under this section shall provide for the constitution of a board of governors, with a chairman, for the management of the teacher education college by the governors in a manner not inconsistent with this Act and any regulations made under this Act.

(4) Every instrument of government under this section shall be made, amended or revoked in such manner as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/49.Power to make regulations in relation to institutes of teacher education

49. Power to make regulations in relation to institutes of teacher education

The Minister may make regulations for the carrying into effect of the provisions of this Chapter and, without prejudice to the generality of such power, the regulations may provide for--

(a) the establishment of a board or body to carry out evaluation or assessment or to conduct examinations for teacher education; 

(b) the courses of study and training programmes to be carried out by a teacher education college; 

(c) the award of certificates, diplomas, teaching degrees or any other qualification as may be prescribed; 

(d) the discipline of pupils in institutes of teacher education; 

(e) the establishment, organization, management, control and dissolution of a council, body or committee for extra-curricular activities at college, district, state, national and international levels; 

(f) the recognition of qualifications issued by a teacher education college; 

(g) procedures for the application for the establishment and registration of a teacher education college; 

(h) any other matter which the Minister deems expedient or necessary for the purposes of this Chapter. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/50.Teaching of the Islamic religion

Part IV NATIONAL EDUCATION SYSTEM

Chapter 10--Religious Teaching in Educational Institutions

50. Teaching of the Islamic religion

(1) Where in an educational institution there are five or more pupils professing the Islamic religion, such pupils shall be given religious teaching in Islam by teachers approved by the State Authority.

(2) The teaching required in an educational institution under subsection (1)shall be for a period of at least two hours a week within the period of general teaching of the educational institution, or within such other period as the Minister may, in the case of any particular educational institution, appoint.

(3) The governors or other persons responsible for the management of an educational institution required to provide teaching under this section shall make such arrangements as may be necessary for that purpose.

(4) The governors or other persons responsible for the management of two or more educational institutions may, with the approval of the Registrar, make arrangements for teaching under this section to be given to the pupils professing the Islamic religion in the educational institutions jointly.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/51.Teaching of religious knowledge of a religion other than Islam

51. Teaching of religious knowledge of a religion other than Islam

The governors of a government-aided educational institution may provide for religious teaching in a religion other than Islam to the pupils of the educational institution or to any of them but--

(a) no such provision shall be defrayed from moneys provided by Parliament; and 

(b) no pupil shall attend teaching in a religion other than that which he professes, except with the written consent of his parent. 

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/52.Financial assistance to Islamic educational institutions not established or maintained by the Minister or State Government

52. Financial assistance to Islamic educational institutions not established or maintained by the Minister or State Government

Subject to such conditions and limitations as the Minister may deem fit to impose, financial assistance by way of grant may be given out of moneys provided by Parliament to an Islamic educational institution which is not maintained by the Minister under this Act or by the Government of a State and which is either an educational institution within the meaning of this Act or is not such an educational institution only because the teaching therein is confined exclusively to the teaching of the religion of Islam.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/53.Instrument of government for educational institutions

Part IV NATIONAL EDUCATION SYSTEM

Chapter 11--Management of Educational Institutions

53. Instrument of government for educational institutions

(1) Subject to the provisions of this Act, every educational institution shall have an instrument of government.

(2) Every instrument of government shall provide for the constitution of a board of governors, with a chairman, for the management of the educational institution by the governors in a manner not inconsistent with this Act and any regulations made under this Act.

(3) Subsection (1) shall not apply to government educational institutions except a national-type school and schools to be determined by the Minister.

(4) Every instrument of government shall be made, amended or revoked in such manner as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/54.Power to make regulations in relation to instruments of government

54. Power to make regulations in relation to instruments of government

(1) The Minister may make regulations for the establishment of a board of governors and for the management of an educational institution by a board of governors and, without prejudice to the generality of such power, the Minister may, in the regulations, prescribe the duties of the governors and other persons responsible for the management of educational institutions.

(2) Any regulations made under subsection (1) may prescribe different duties for governors or other persons responsible for the management of different categories of educational institutions.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/55.Educational institution to be managed by its instrument of government

55. Educational institution to be managed by its instrument of government

Subject to the other provisions of this Act and in particular the provisions as to exemption, every educational institution shall be managed in accordance with its instrument of government.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/56.Power of Minister to appoint additional governors

56. Power of Minister to appoint additional governors

(1) If the Minister is satisfied--

(a) that discipline in an educational institution is not being adequately maintained; 

(b) that the terms of the instrument of government of an educational institution are being wilfully disregarded; 

(c) that any provision of this Act or any regulations made under this Act is being wilfully disregarded; or 

(d) in the case of a government-aided educational institution, the property or funds of the educational institution are not being properly administered, 

he may appoint by name such additional governors of the educational institution as he may think fit.

(2) The Minister may in his discretion at any time remove an additional governor appointed under subsection (1).

(3) An additional governor appointed for an educational institution under subsection (1) shall for all purposes be deemed to be a governor of the institution.

(4) Chapter 3 of Part VIII shall not apply to an additional governor appointed under subsection(1).

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/57.Appointment of teachers under instrument of government and Act

57. Appointment of teachers under instrument of government and Act

Subject to the other provisions of this Act and any regulations made under this Act, teachers in an educational institution other than a government or government-aided educational institution shall be appointed in accordance with the instrument of government.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/58.Power of Minister in relation to exercise of functions, etc.

58. Power of Minister in relation to exercise of functions, etc.

(1) If the Minister is satisfied that in an educational institution--

(a) the governors have been acting or are proposing to act unreasonably with respect to the exercise of any power conferred or the discharge of any duty imposed by or under this Act; or 

(b) the governors have failed to discharge any duty imposed upon them by or under this Act, 

the Minister may--

(aa) give such directions in writing as to the exercise of the power or the discharge of the duty as appear to him to be expedient, with which directions it shall be the duty of the governors to comply; or 

(bb) suspend or dismiss all or any of the governors and, notwithstanding the provisions of any instrument relating to the institution, appoint such person or persons as he may think fit to have and to exercise all the functions of the governors for such period as he may direct. 

(2) If at any time, for an educational institution, there is no board of governors constituted under this Act the Minister may appoint such person or persons as he may think fit to exercise the functions of governors for the institution for such period as he may direct.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/59.Dissolution of board of governors of government or government-aided educational institution