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Education Act 1996- Part 2

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

(1) The Minister may, after giving the board of governors of a government or government-aided educational institution an opportunity to make representations in accordance with regulations made under this Act, by notice in writing addressed to and served upon the chairman of the board order that the board be dissolved if he is satisfied that the board--

(a) has contravened any provision of this Act or any regulations made under this Act;

(b) has contravened any direction issued by the Minister under section9;

(c) has contravened any term or condition imposed under subsection82(3);

(d) has failed to observe or carry out any provision of the instrument of government of the educational institution;

(e) has failed to prevent the educational institution from being used for purposes which are detrimental to the interests of Malaysia or any part thereof or which are contrary to public interest; or

(f) has failed to prevent the educational institution from being used for any activity or purpose of an unlawful nature, or for any activity or purpose of an unlawful organization, society or other body of persons.

(2) Where the Minister dissolves a board under subsection(1), he shall specify in the notice the grounds for the dissolution and the date on which the dissolution shall take effect.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/60.Notice of dissolution to contain consequential directions

60. Notice of dissolution to contain consequential directions

The notice dissolving a board under subsection 59(1) may contain all such directions of incidental, consequential, ancillary or transitional nature as the Minister may deem it necessary, expedient or fit to give.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/61.Minister shall appoint a different board upon dissolution of a board

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

(1) Where the Minister dissolves a board under section 59, the Minister shall at any time thereafter appoint a different board in accordance with the Act.

(2) Where the Minister has not appointed a board under subsection(1), the powers, functions and duties of the board shall be exercised by the head teacher of the educational institution or by such other person as the Minister may nominate who shall be a member of the public service.

(3) After the dissolution of a board of governors of a government or government-aided educational institution under section59 sections 53, 54, 55, 56 and 87 shall not apply to the educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/62.Dissolution of board of managers or governors of governmenteducational institution

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

(1) Every board of managers or board of governors of a governmenteducational institution except--

(a) a governmentnational-type primary school; and

(b) a governmentnational primary school or government national secondary school tobe determined by the Minister,

established prior to the appointed date, shall be dissolvedon that date in such manner as the Minister may determine, and thereuponit shall cease to employ and to be the employer of teachers and otheremployees, and every instrument of management or government pertainingto the educational institution shall cease to have effect.

(2) Upon the dissolutionof a board of managers or board of governors of a government educationalinstitution under subsection (1)--

(a) a person acting as a manager or governor immediately prior to the appointed date shall cease to act as such;

(b) all rights, obligations and liabilities relating to any matter which, immediately before the appointed date, were the responsibility of the board shall on that date devolve on the Government; and

(c) sections sections 53, 54, 55, 56 and 87 shall not apply to the government educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/63.Interpretation

63. Interpretation

References to a board of governors in thisChapter shall, in relation to Sabah, include a Management Committeeand, in relation to Sarawak, include a Committee of Management.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/64.Power of Minister to render assistance

Part IV NATIONAL EDUCATION SYSTEM

Chapter 12--Provisionof Facilities and Services

64. Power of Minister to render assistance

Subject to any regulations made under thisAct, the Minister may render assistance whether financial or otherwisein respect of pupils or any class of pupils in government or government-aidededucational institutions and such assistance may include--

(a) the grantingof bursaries, scholarships, loans or such other assistance; and

(b) the provisionsof--

(i) accommodation;

(ii) transport;

(iii) books;and

(iv) medicaland dental services, for the purpose of enabling the pupils to take full advantageof the educational facilities available to them or for the purposeof promoting their health and well-being

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/65.Medical and dental inspection of pupils

65. Medical and dental inspection of pupils

(1) Without prejudice to the generality of the powers conferredby section 64, the Minister shall, so far as it is reasonable and practicable so to do, provide for the medical and dental inspection at appropriate intervals of pupils of government or government-aided educational institutions.

(2) An officer authorized in that behalf by the Minister may require the parent or guardian of a pupil of a government or government-aided educational institution to cause the pupil to undergo medical or dental inspection, in accordance with arrangements made by the school authorities, or by a registered medical or dental practitioner, and a person who fails without reasonable excuse to comply with the requirement shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five hundred ringgit.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/66.Boarding facilities

66. Boarding facilities

Without prejudice to the generality of the power conferred by section 64, the Minister may, where pupils cannot reasonably be provided with the requisite education or training unless boarding accommodation is provided, make such arrangements for the accommodation (whether free or subject to such charges as the arrangements provide) as he may consider appropriate.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/67.Assessment of pupils

Part V ASSESSMENT AND EXAMINATION

67. Assessment of pupils

(1) The Minister may prescribe the manner in which pupils in educational institutions shall be assessed and the standards to be achieved by the pupils.

(2) The assessment prescribed under subsection (1) shall be in addition to any prescribed examination.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/68.Examinations

68. Examinations

The Minister may make regulations to provide for--

(a) the examinations to be held for the purposes of this Act;

(b) the times and places at which examinations shall be held, and the qualifications and conditions of entry for the examinations;

(c) the fees to be paid for entry for examinations;

(d) the syllabuses for, and language media of, examinations;

(e) the conduct of examinations including the establishment of a body or syndicate to manage and conduct examinations; and

(f) the powers, functions and duties of the Director of Examinations.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/69.Prohibitions on the conduct of examinations

69. Prohibitions on the conduct of examinations

(1) Subject to subsection (4), no person or educational institution shall conduct, permit or cause to be held or conducted, or be in any manner concerned in the holding or conducting of, any examination for any pupil of an educational institution or for any private candidate without the prior written approval of the Director of Examinations.

(2) In granting approval under subsection (1), the Director of Examinations may impose such restrictions, terms and conditions as he deems fit.

(3) A reference in this section to the holding or conducting of an examination shall be deemed to include the act of--

(a) inviting candidates for an examination;

(b) collecting or receiving any fee or payment or any donation or gift in respect of an examination;

(c) preparing any syllabus, course or scheme of study in respect of an examination;

(d) marking or grading of answers or responses to questions or tests in an examination;

(e) issuing or granting any diploma or other document or form of recognition in respect of an examination,

and any other act related to the holding or conducting of an examination, regardless whether the act is done before or after the examination.

(4) Subsection (1) shall not apply to--

(a) a body or syndicate established to manage and conduct examinations under paragraph 68(e);

(b) the Malaysian Examinations Council established under the Malaysian Examinations Council Act 1980 [Act225]; and

(c) an educational institution which conducts its own examination, test or other forms of assessment for the purpose of assessing its own pupils.

(5) A person who contravenes subsection (1) or fails to comply with any restriction, term or condition imposed under subsection (2) 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 550/70.Minister to be responsible for higher education

Part VI HIGHER EDUCATION

70. Minister to be responsible for higher education

The Minister may provide higher education in higher educational institutions in accordance with any written law relating to higher education and shall be responsible for the general direction thereof.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/71.Establishment of higher educational institutions, etc., is prohibited

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

No person shall--

(a) establish, form, promote or carry on any activity for the purpose of establishing or forming, or towards the establishment or formation of, a higher educational institution;

(b) collect, give or receive any moneys, contributions, gifts or donations, or do any act or carry on any activity for the purpose of establishing or forming a higher educational institution;

(c) operate, manage or maintain any class for the teaching and learning of higher education unless the class is being operated, managed or maintained by a higher educational institution; and

(d) establish, operate, manage or maintain a higher educational institution by the use of the word "university", except in accordance with any written law on higher education.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/72.Penalty

72. Penalty

A person who contravenes section 71 shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/73.Saving relating to private educational institutions

Part VII PRIVATE EDUCATIONAL INSTITUTIONS

73. Saving relating to private educational institutions

(1) Nothing in this Act shall be construed as prohibiting the establishment and maintenance of a private educational institution.

(2) Notwithstanding subsection (1), every private educational institution shall comply with this Act and all regulations made under this Act and applicable to the educational institution.

(3) This Part shall not apply to a private higher educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/74.Private educational institutions to comply with the requirement of National Curriculum and to prepare pupils for prescribed examinations

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

A private educational institution providing primary education or secondary education or both shall comply with the requirements of the National Curriculum and shall prepare pupils for prescribed examinations.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/75.Subjects to be taught in private educational institutions providing post-secondary education

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

(1) The Minister may require a private educational institution providing post-secondary education to teach the following subjects:

(a) the national language, where the medium of instruction is other than the national language;

(b) Malaysian studies;

(c) the English language, where the medium of instruction is other than the English language;

(d) studies relating to Islamic education for pupils professing the Islamic religion; and

(e) moral education for pupils not professing the Islamic religion,

based on the prescribed curriculum.

(2) The subjects mentioned in (e) shall be taught in addition to any other subject or course of study taught in the private educational institutions.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/76.Power to make regulations for supervision and control of standard of education

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

The Minister may make regulations for the supervision, regulation or control of the standard of education in private educational institutions.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/77.Prohibition as to courses of study and training in respect of degrees, etc., conferred by universities, etc.

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

(1) No private educational institution registered under this Act shall conduct any course of study or training programme jointly, in association, affiliation or collaboration or otherwise, with a university or institution of higher education or other educational institution or organization within or outside Malaysia, except with the approval in writing of the Minister.

(2) The Minister shall not give his approval under subsection(1) unless he is satisfied that the private educational institution has made suitable arrangements with the university or institution of higher education or other educational institution or organization as to the facilities for the provision of the course of study or training programme referred to in the subsection.

(3) When granting approval under subsection (1) the Minister may impose such terms and conditions as he deems fit.

(4) A person who contravenes subsection (1) or fails to comply with any term or condition imposed by the Minister under subsection (3) 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 550/78.Application of other provisions of the Act to private educational institutions

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

For the avoidance of doubt, it is declared that nothing in this Part shall affect or derogate from the application of other provisions in this Act to private educational institutions except in so far as the educational institutions have been expressly exempted.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/*79.All educational institutions to be registered

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 1--Registration of Educational Institutions

*79. All educational institutions to be registered

(1) Subject to the other provisions of this Act, every educational institution shall be registered under this Act.

(2) An application for registration under this Act shall be made to the Registrar General in such manner as may be prescribed.

(3) The Registrar General may impose such terms and conditions as he deems fit when registering an educational institution under subsection (1).

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/80.Register

80. Register

The Registrar General shall keep or cause to be kept a register of educational institutions in such form and manner as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/81.Provisional certificates of registration

81. Provisional certificates of registration

(1) Pending investigation on an application made under subsection 79(2), the Registrar General may, in his discretion, issue to the person who is to act as chairman of the board of governors or the person responsible for the management of an educational institution a provisional certificate of registration in such form and subject to such conditions as may be prescribed.

(2) A provisional certificate of registration issued under subsection(1) may at the discretion of the Registrar General be revoked at any time by notice in writing served on the person to whom the certificate was issued.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/82.Registration

82. Registration

(1) Without prejudice to section 81 and subject to subsection (3) and section 83, the Registrar General shall, upon an application for the registration of an educational institution duly made and after such inquiry as he may think necessary, and upon payment of such fee as may be prescribed, register the educational institution and issue to the chairman of the board of governors or to the person responsible for the management of the educational institution a certificate of registration.

(2) The chairman of the board of governors or any other person responsible for the management of an educational institution shall cause a copy of the certificate of registration issued under subsection(1) to be kept exhibited in a conspicuous part of the premises of the educational institution.

(3) The Registrar General may impose such conditions precedent to registration as he deems fit.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/83.Change in respect of educational institution premises

83. Change in respect of educational institution premises

(1) No educational institution shall change the address of its premises or make any alteration to the premises without the prior approval of the Registrar General.

(2) An application for a change of address of the premises of an educational institution or alteration to the premises shall be made to the Registrar General in such form and manner as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/84.Refusal to register an educational institution

84. Refusal to register an educational institution

The Registrar General may refuse to register an educational institution if he is satisfied--

(a) that the educational institution does not satisfy the prescribed standards of health and safety;

(b) that the educational institution is used or likely to be used for a purpose detrimental to the interests of Malaysia, the public or the pupils;

(c) that the name under which the educational institution is to be registered is, in his opinion, undesirable;

(d) that existing educational facilities are already adequate in the area in which it is proposed to open the educational institution;

(e) that a statement which was false or misleading in a material particular has been made in or in connection with the application for registration;

(f) that the person applying for the registration of the educational institution fails or refuses to comply with any of the conditions imposed by the Registrar General under subsection 82(3); or

(g) that theperson appointed to be the chairman of the board of governors or headteacher is not a fit and proper or responsible person to act as chairmanor head teacher, as the case may be.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/85.Notice of refusal to register an educational institution
85. Notice of refusal to register an educational institution

(1) When the Registrar General refuses to register an educationalinstitution under the provisions of section84, he shall inform the applicant by notice in writing of the refusal, specifying in the notice the grounds of the refusal.

(2) An applicant aggrieved by the refusal of the Registrar General to register an educational institution may, within twenty-one days of the notice being served on him in accordance with subsection (1), appeal to the Minister and the decision of the Minister shall be final.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/86.Prohibition on advertisement, etc.

86. Prohibition on advertisement, etc.

(1) No person shall promote an educational institution, whether by advertisement, prospectus, brochure or otherwise, unless the educational institution has been registered or a provisional certificate of registration has been issued under subsection 81(1).

(2) A person whocontravenes subsection (1) 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 550/87.Grounds for cancellation of registration of an educational institution

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 2--Cancellation of Registration

87. Grounds for cancellation of registration of an educational institution

(1) The Registrar General may serve on the chairman of the board of governors or any person responsible for the management of an educational institution a notice of intention to cancel the registration of the educational institution if he is satisfied that it is expedient so to do on any of the following grounds:

(a) the ground specified in paragraph 84(a);

(b) that discipline in the educational institution is not being adequately maintained;

(c) that the registration of the educational institution was obtained by reason of mistake or of any false or misleading statement;

(d) that the chairman of the board of governors or any other person responsible for the management of the educational institution has made a false or misleading statement in a material particular in promoting the educational institution;

(e) that there has been a breach of any term or condition imposed by the Registrar General under subsection 79(3);

(f) that thereis no chairman of the board of governors of the educational institution,or that the person appointed to be the chairman of the board of governorsor to be head teacher is not a fit and proper or responsible personto act as chairman or head teacher, as the case may be.

(2) The RegistrarGeneral may act under subsection (1) if he has reason to believe that a registered educational institution has ceased to exist.

(3) A notice of intention to cancel the registration of an educational institution under subsection (1) shall specify the grounds on which it is proposed to cancel the registration.

(4) Where a notice under subsection (1) is served on a person referred to in that subsection, he may within twenty-one days of the notice being served upon him appeal to the Minister.

(5) If no appeal is made under subsection (4), or if an appeal having been made is rejected, the Registrar General may cancel the registration of the educational institution forthwith; and within twenty-one days of the cancellation, the chairman of the board of governors or any person responsible for the management of the educational institution shall surrender to the Registrar General the certificate of registration of the educational institution and the instrument of government thereof, and the chairman and the governors and every employee of the educational institution shall surrender to the Registrar General their certificates of registration issued under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/88.All governors and employees to be registered

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 3--Registration of Governors and Employees

88. All governors and employees to be registered

(1) Every person who acts as a governor or employee of an educational institution shall be registered as a governor or employee, as the case may be, in respect of the educational institution.

(2) An application for registration as a governor or employee of an educational institution shall be in the prescribed form.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/89.Registration of governor and employee

89. Registration of governor and employee

(1) Subject to section 90, the Registrar General shall, upon an application duly made and after such enquiry as he may think necessary, register a person as a governor or an employee in respect of an educational institution and shall issue to him a certificate of registration in the prescribed form.

(2) The Registrar General may in his discretion issue--

(a) to a person applying for registration under this Chapter (whether on the registration of an educational institution or subsequently); or

(b) to a person needed to act temporarily as governor or employee,

a permit, in such form as may be prescribed, to act in that capacity, and while the permit is in force the person to whom the permit is issued shall be deemed to be registered under this Act.

(3) A permit issued under subsection (2) may be revoked by the Registrar General at any time and, in the case of a person applying for registration, shall cease to be in force upon the registration under this Act of the person to whom the permit is issued.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/90.Grounds of refusal to register a governor or employee

90. Grounds of refusal to register a governor or employee

(1) The Registrar General may refuse to register a person as a governor or employee of an educational institution if--

(a) the person has been convicted of an offence by a court of law and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit;

(b) the person has, otherwise than by reason only of an educational institution having ceased to exist, been struck off any register established under this Act or under the provisions of any previous corresponding written law;

(c) the person has made a false or misleading statement in, or in connection with, his application for registration, or has intentionally suppressed any fact which is material to the application; or

(d) the person is not a citizen of Malaysia.

(2) The Registrar General shall refuse to register a person who is under the age of eighteen years as a governor.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/91.Notice of refusal to register a governor or employee

91. Notice of refusal to register a governor or employee

When the Registrar General refuses under section 90 to register a person as a governor or an employee of an educational institution he shall inform the person by notice in writing of the refusal.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/92.Appeal against refusal to register a governor or employee

92. Appeal against refusal to register a governor or employee

A person who is aggrieved by the refusal of the Registrar General to register him as a governor or employee of an educational institution may, within twenty-one days of being informed of the refusal in accordance with section91, appeal to the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/93.Power of Registrar General to strike off the register a governor or employee

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

(1) The Registrar General may strike off the register a governor or employee--

(a) on the ground specified in paragraph 90(1)(a);

(b) if it appears to the Registrar General that he is a person who ought not, in the interests of Malaysia, the public or any person, to remain as a governor or an employee; or

(c) who has obtained his registration in consequence of a mistake or any false or misleading particular furnished in or in connection with his application for registration.

(2) Notwithstanding subsection (1), no person shall be struck off the register under paragraph (1)(a) by reason of any fact or matter occurring before the date of his registration and disclosed to the Registrar General before that date.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/94.Retirement of governors and employees

94. Retirement of governors and employees

(1) Upon a governor or employee of an educational institution retiring or ceasing to act as such, the chairman of the board of governors of the educational institution or a person authorized by him in that behalf shall, within twenty-one days of the retirement or cessation, report such fact to the Registrar General in writing.

(2) The Registrar General, upon receiving a report under subsection(1), shall forthwith strike the governor or employee, as the case may be, off the register.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/95.Persons struck off the register to be notified

95. Persons struck off the register to be notified

When a person has been struck off the register under section 93 or 94 the Registrar General shall forthwith inform him by notice in writing that he has been so struck off and of the grounds thereof.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/96.Appeal against striking off the register

96. Appeal against striking off the register

A person struck off the register section 93 or 94 may, within twenty-one days of the notice being served upon himin accordance with section 95, appeal to the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/97.Surrender of certificate of registration

97. Surrender of certificate of registration

(1) A person who has been struck off the register shall, withintwenty-one days of the service of the notice under section 95, surrender to the Registrar General the certificate of registration issued to him under this Act or any previous written law relating to the registration of a governor or an employee, as the case may be, of an educational institution.

(2) If an appeal is made under section 96, the certificate referred to in subsection (1) need not be surrendered until the determination of the appeal in favour of the Registrar General.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/98.Registration of pupils

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 4--Registration of Pupils

98. Registration of pupils

The governors, head teachers or other persons responsible for the management of an educational institution shall keep or cause to be kept, in such manner as may be prescribed, a register containing the prescribed particulars with respect to all pupils at the educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/99.Inspections to be made from time to time

Part VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS

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

99. Inspections to be made from time to time

The Registrar General shall, from time to time, inspect or cause to be inspected an educational institution registered under this Act for the purpose of ascertaining that this Act and the regulations made under this Act have been and are being complied with.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/100.Powers of Registrar General on inspection of registered educational institutions

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

(1) In carrying out an inspection pursuant to section 99, the Registrar General may--

(a) enter any premises and examine such book, document, electronic media material or other article as he may consider necessary; and

(b) remove and detain any book, document, electronic media material or other article which appears to him to be detrimental to the interests of the public or the pupils or which, in his opinion, may furnish evidence of the commission of an offence under this Act.

(2) The Registrar General at any time whilst lawfully carrying out any inspection of an educational institution under this Act may require any person, being a governor, an employee, a teacher or a pupil of the educational institution, to produce for his inspection any book, document, electronic media material or other article relating to the management of, or to the teaching carried on in, the educational institution which is in the person's possession or under his control or within his power to furnish.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/101.Inspection of premises of unregistered educational institutions

101. Inspection of premises of unregistered educational institutions

Where the Registrar General or a public officer authorized by the Registrar General in that behalf in writing or a police officer not below the rank of Inspector has reasonable cause to believe that any house, building or other place is being used as an educational institution without being registered under this Act, the Registrar General or the public officer or the police officer, accompanied by such persons as he may deem necessary, may--

(a) enter and inspect the house, building or place; and

(b) seize and detain any book, document, electronic media material or other article found therein which appears to him to furnish evidence of the commission of an offence against this Act or which appear to be the property of, or to have been used in connection with, an educational institution not registered under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/102.Power to close unregistered educational institution

102. Power to close unregistered educational institution

(1) Where the Registrar General or a public officer authorized by the Registrar General in that behalf in writing or a police officer not below the rank of Inspector has reasonable cause to believe that any house, building or other place is being used as an educational institution without being registered under this Act or is being used in contravention of any of the conditions imposed by the Minister under subsection 47(2) or 77(3), the Registrar General or the public officer or the police officer, accompanied by such persons as he may deem necessary may, without prejudice to the exercise of the powers conferred on him under sections 99, 100 and 101, forthwith take such steps as he may deem necessary or by any means close the educational institution.

(2) Any action taken under subsection (1) in respect of any house, building or other place shall not prohibit the Registrar General from prosecuting any person using such house, building or place as an educational institution without being registered under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/103.Prohibition to teach

Part IX REGISTRATION OF TEACHERS

Chapter 1--Registration of Teachers

103. Prohibition to teach

(1) Subject to subsection (2), no person shall teach in an educational institution unless he is registered as a teacher under this Act.

(2) Subsection (1) shall not apply--

(a) to a person who is a member of the Education Service teaching in government or government-aided educational institution;

(b) to a person to whom a permit to teach has been issued under section 114; and

(c) to a pupil in an educational institution for the training of teachers established by and under the direct control of the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/104.Register of teachers

104. Register of teachers

The Registrar General shall keep and maintain or cause to be kept and maintained in such form as may be prescribed a register of teachers in which shall be entered such particulars as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/105.Application for registration as a teacher

105. Application for registration as a teacher

An application for registration as a teacher shall be made to the Registrar General in such form and manner as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/106.Power of Registrar General to refuse to register a person as a teacher

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

The Registrar General may refuse to register a person as a teacher under this Act if he is satisfied that the person--

(a) is under the age of eighteen years;

(b) has no qualifications to teach or has qualifications which in the opinion of the Registrar General are inadequate for the purpose;

(c) has made a statement which is false or misleading or which he knew is false or misleading in, or in connection with his application for registration or has intentionally suppressed any fact which is material to the application;

(d) suffers from some physical or mental defect or disease rendering him, in the opinion of the Registrar General, unsuitable to be a teacher;

(e) has been convicted of an offence by a court of law and sentenced to imprisonment for a term of not less than one year or to a fine of not less than two thousand ringgit; or

(f) is not a fit and proper person to be registered as a teacher.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/107.Notice of refusal to register a person as a teacher

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

When the Registrar General refuses to register a person under section 106 he shall by notice in writing inform the person of the refusal, specifying the grounds of the refusal.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/108.Appeal against refusal to register a person as a teacher

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

A person aggrieved by the refusal of the Registrar General to register him as a teacher may, within twenty-one days of the notice being served upon him in accordance with section 107, appeal to the Minister.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/109.Registration of teachers

109. Registration of teachers

(1) Subject to sections 106 and 108, the Registrar General shall, upon application for registration under this Chapter duly made and after such inquiry as he may deem necessary, and upon payment of such fee as may be prescribed, register the applicant and issue to him a certificate of registration as a teacher in the prescribed manner.

(2) The Registrar General may impose such terms and conditions as he deems fit when registering an applicant under subsection(1) and he may at any time revoke, alter or add to the terms and conditions.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/110.Revocation of registration after notice

110. Revocation of registration after notice

(1) If the Registrar General is satisfied--

(a) that it is expedient so to do on any of the grounds set out in paragraphs 106(c) to (e);

(b) that a registered teacher has committed a breach of or has failed to comply with any condition imposed under subsection109(2);

(c) that the registration of a teacher was obtained by reason of mistake or of any false or misleading statement in connection with an application for registration; or

(d) that there are reasonable grounds to believe that the continued registration of the person as a teacher will be prejudicial to the interests of an educational institution or the pupils,

he may serve on the teacher a notice of intention to revoke his registration.

(2) A teacher upon whom a notice pursuant to subsection(1) is served may, within twenty-one days of the notice being served upon him, appeal to the Minister.

(3) If no appeal is made within the period specified in subsection(2) or if an appeal having been made is rejected, the Registrar General shall forthwith revoke the registration and serve on the teacher a notice informing him that the registration has been revoked.

(4) No revocation of registration shall be made under this section on any of the grounds set out in paragraphs 106(d) and (e) by reason of any fact or matter occurring before the date of registration of a teacher and disclosed to the Registrar General before that date.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/111.Appeals

111. Appeals

(1) Where upon an appeal under this Chapter it is ordered by the Minister that a teacher shall be registered, or shall continue to be registered, subject to specified conditions, the Registrar General shall impose those conditions.

(2) The conditions imposed under subsection (1) shall be deemed to be conditions imposed under subsection109(2)

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/112.Striking off the register

112. Striking off the register

Where the registration of a teacher has been revoked under section 110 and a notice has been served under subsection110(3), the Registrar General shall forthwith strike the teacher off the register, and the teacher shall, within twenty-one days of the notice being served upon him, surrender to the Registrar General his certificate of registration.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/113.Transitional provisions as to registration of teachers

113. Transitional provisions as to registration of teachers

A person who on the appointed date was registered or deemed to be registered as a teacher under the Education Act 1961 [Act 43 of 1961 ] shall be deemed to have been so registered under this Act and shall be subject to this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/114.Issue of permits to teach

Part IX REGISTRATION OF TEACHERS

Chapter 2--Permits to Teach

114. Issue of permits to teach

(1) The Registrar General may issue a permit to teach to the following persons, not being registered teachers:

(a) a student teacher, other than those specified in paragraph 103(2)(c), undergoing training as a teacher in accordance with a scheme approved by the Minister;

(b) a person who has applied for registration as a teacher and whose application is pending; or

(c) a person who is needed to act temporarily as a teacher.

(2) A permit to teach shall be in such form and subject to such conditions as may be prescribed.

(3) The Registrar General may, at any time and at his discretion, revoke a permit to teach by giving notice in writing to the holder of the permit.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/115.Surrender of certificates of registration as a teacher

Part IX REGISTRATION OF TEACHERS

Chapter 3--M iscellaneous

115. Surrender of certificates of registration as a teacher

A certificate of registration as a teacher issued under this Act or any former written law relating to registration of teachers or any document evidencing registration or exemption from registration as a teacher or that a teacher is deemed to be registered under such law, or a permit to teach issued under section 114 shall--

(a) on the revocation of the certificate, document or permit;

(b) on the person to whom the certificate, document or permit was issued ceasing to teach in an educational institution in Malaysia for a continuous period exceeding two years, or on the death of the person;

(c) on written demand by the Registrar General for the purpose of alteration, amendment, endorsement or replacement; or

(d) in the case of a permit, on the expiration of its period of validity,

be surrendered within twenty-one days by the person to whom it was issued or the person in whose possession it is to the Registrar General.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/116.Duty of teacher to notify change of educational institution

116. Duty of teacher to notify change of educational institution

Every registered teacher shall within fourteen days of commencing or ceasing to teach in an educational institution report in writing to the Registrar General the name of the educational institution in which he is teaching or has ceased to teach and the date on which he commenced teaching or ceased to teach in the educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/117.Duties of Chief Inspector

Part X THE INSPECTORATE OF SCHOOLS

Chapter 1--The Inspectorate

117. Duties of Chief Inspector

The Chief Inspector shall--

(a) be responsible, in collaboration with such authorities as the Minister may appoint, for ensuring that an adequate standard of teaching is developed and maintained in educational institutions;

(b) inspect educational institutions or cause educational institutions to be inspected by an Inspector of Schools at such intervals as he shall deem appropriate;

(c) when directed so to do by the Minister, inspect an educational institution or cause the educational institution to be inspected; and

(d) undertake such other duties in relation to the inspection of educational institutions as the Minister may direct or as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/118.Advisory powers of Inspectors of Schools

118. Advisory powers of Inspectors of Schools

The Chief Inspector or an Inspector of Schools may give advice to the governors or any other person responsible for the management of an educational institution and to teachers on matters relating to teaching and teaching methods.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/119.Restriction on orders of Inspectors of Schools

119. Restriction on orders of Inspectors of Schools

The Chief Inspector or an Inspector of Schools shall not, except to such extent as he may be authorized by any regulations made under this Act, issue any order or direction to the governors or any other person responsible for the management of an educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/120.Reports by Inspectors of Schools

120. Reports by Inspectors of Schools

(1) The Chief Inspector shall submit to the Minister a report on every educational institution inspected pursuant to section 117, and where the report is made by an Inspector of Schools, he shall endorse thereon such comments as he shall deem appropriate.

(2) A report on an educational institution submitted under subsection (1) shall be a confidential document but may, in the discretion of the Minister, be made available to those responsible for the administration of the educational institution and any teacher therein and the report so made available shall be made available in its entirety.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/121.General powers of Inspectors of Schools

Part X THE INSPECTORATE OF SCHOOLS

Chapter 2--General

121. General powers of Inspectors of Schools

For the purpose of making any inspection of an educational institution under section117 the Chief Inspector or an Inspector of Schools (in this section referred to as an "Inspector") may--

(a) at any time enter an educational institution; and

(b) require the chairman of the board of governors or a governor or any other person responsible for the management of the educational institution or a teacher or employee or person found in the educational institution--

(i) to produce for his inspection any time-table, syllabus or record pertaining to subjects taught or to be taught or any book, material, document or article relating to or which in the opinion of the Inspector may relate to the teaching carried on in the educational institution or the management of the educational institution; and

(ii) to furnish the Inspector with such information relating to the teaching in, or the organization of, the educational institution as the Inspector may demand, and which it is within the power of the chairman, governor or such other person responsible for the management of the educational institution, teacher, employee or person to furnish.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/122.Chief Inspector may authorize Education Officers to act on his behalf

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

The Chief Inspector may authorize in writing an Education Officer appointed under section4 to act on his behalf in exercising his powers or carrying out his duties under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/123.Saving relating to Minister

Part XI FINANCE

123. Saving relating to Minister

Except in so far as moneys are approved or provided for that purpose by Parliament or otherwise, nothing in this Act shall be deemed to impose any duty upon the Minister to establish and maintain an educational institution under this Act or to maintain wholly or partially an educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/124.Grant-in-aid and capital grant to be subject to conditions, etc., as may be prescribed

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

Any grant-in-aid or capital grant payable under this Act to an educational institution other than a government educational institution from funds provided by Parliament for that purpose shall be paid subject to such conditions and limitations as may be prescribed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/125.Power of Minister to suspend or cancel payment of any grant

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

The Minister may suspend or cancel or cause to be suspended or cancelled the payment of any grant to an educational institution if the governors or any other person responsible for the management of the educational institution has failed to comply with any of the provisions of this Act or any regulations made under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/126.Minister to decide on appeals after investigation

Part XII APPEALS

126. Minister to decide on appeals after investigation

(1) On an appeal being made to the Minister from a decision of the Registrar General, the Minister, unless he allows the appeal forthwith, shall constitute a Committee of Enquiry consisting of such persons as he shall consider suitable to investigate the facts and report to him thereon.

(2) After considering the report submitted under subsection(1), the Minister shall decide the matter of the appeal and make such order thereon as he deems fit and proper.

(3) The decision of the Minister on an appeal shall be final.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/127.Powers of Committee of Enquiry

127. Powers of Committee of Enquiry

Subject to section129 and any regulations made under this Act, a Committee of Enquiry shall have power--

(a) to procure and receive all such evidence, written or oral, and to examine all such persons (including the appellant) as the Committee of Enquiry may consider desirable;

(b) to require the evidence of a person to be given on oath or affirmation or by statutory declaration;

(c) to summon any person including the appellant to attend and give evidence notwithstanding the provisions of any other written law;

(d) to admit any evidence, written or oral, notwithstanding that it would be inadmissible in civil or criminal proceedings; and

(e) to exclude the public from any investigation or any part thereof and, if the Committee of Enquiry considers it in the public interest so to do, receive evidence in the absence of the appellant; but where evidence is received in the absence of the appellant the Committee of Enquiry shall communicate to the appellant the substance of the evidence so far as it may be compatible with public interest so to do and shall in every such case include in the report to the Minister a statement of the circumstances in which the evidence was received.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/128.No appearance by advocate and solicitor before the Committee of Enquiry

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

Notwithstanding anything to the contrary in any written law, no advocate or solicitor shall be allowed to appear in any proceedings before the Committee of Enquiry.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/129.Evidence before the Committee of Enquiry

129. Evidence before the Committee of Enquiry

(1) No person required to give evidence before a Committee of Enquiry shall be obliged to disclose the name or address of any person who has given information in confidence to a public officer in relation to any facts which are the subject of investigation nor shall the person be obliged to state any matter which in his opinion might lead to the discovery of the person who has given the information.

(2) No person required under section 127 to give evidence shall be obliged to give any evidence which would have the tendency to incriminate him.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/130.Power of Minister to make regulations

Part XIII REGULATIONS

130. Power of Minister to make regulations

(1) Without prejudice to his power to make regulations under any other provision of this Act, the Minister may make regulations for the purpose of carrying into effect the provisions of this Act.

(2) Without prejudice to the generality of the power conferred in subsection (1), the Minister may make regulations for or in respect of all or any of the following matters:

(a) the admission of pupils to educational institutions, the keeping of registers of pupils in the educational institutions, the age limits and conditions under which pupils may be retained in an educational institution or in any class in the educational institution;

(b) the duration of terms of educational institutions, the days on which and the hours during which pupils shall attend the educational institutions and the days which shall be observed as holidays by all educational institutions or any specified educational institution or class of educational institutions;

(c) the establishment and management of educational institutions, and the duties of governors or other persons responsible for the management of the educational institutions;

(d) the form in which any register for the registration of educational institutions or governors or employees shall be kept or maintained and the procedure for the issue of extracts therefrom;

(e) the procedure to be followed and fees deemed proper to be levied in respect of an application for registration under this Act or in respect of any certificate, permit or any other document issued under this Act;

(f) the procedure to be followed for the alteration or amendment of certificates of registration or permits issued under this Act and the replacement of the certificates or permits which are lost or defaced;

(g) discipline in educational institutions and any activity of pupils, whether in an educational institution or not, which in the opinion of the Minister may have an effect on the discipline of an educational institution;

(h) the National Curriculum including subjects and matters, not being studies relating to the religion of Malaysia, on which instruction may or shall be given in educational institutions and the times to be devoted to the study of each subject taught in educational institutions;

(i) the establishment, organization, management, control and dissolution of associations of pupils or pupils and teachers, or teachers and parents whether within an educational institution or not, and regulations made under this paragraph may provide for the association of teachers and parents to include any person other than the teacher or parents of the pupils of the educational institution concerned;

(j) the books, materials and apparatus to be used in educational institutions, and the methods of purchase of the books, materials and apparatus;

(k) the prohibition of the use in an educational institution or any specified class of educational institutions of any book or material, the use of which appears undesirable;

(l) the prohibition of the use or delivery to any pupil by a distance education centre or the supply, import or sale for use or delivery by a distance education centre of any material, book, lesson, instruction or other matter printed or written or otherwise the use of which by the distance education centre appears undesirable;

(m) the keeping of books of account and the audit of accounts in educational institutions in receipt of grants;

(n) the standards, including standards of health and safety, and uses to which the premises of educational institutions shall conform, and prescribing different standards and uses for such descriptions of educational institutions as may be specified in the regulations;

(o) the registration of pupils in educational institutions, the inspection of the registers of such pupils, the taking of extracts from the registers for the purposes of this Act by persons duly authorized in that behalf under the regulations, and the provision to such authority as may be prescribed by regulations, of returns as to the contents of the registers as may be expedient, by the persons who are required to keep such registers under the regulations;

(p) the form in which the register of teachers kept under section 104 shall be kept or maintained, and the procedure for the issue of certified copies of entries made therein;

(q) the procedure to be followed for endorsement, alteration or amendment of certificates of registration as a teacher issued under section 109 and the replacement of lost or defaced certificates or permits to teach;

(r) the procedure to be followed and the consequences which shall ensue on the revocation of a certificate of registration as a teacher issued under section 109 or of a permit to teach;

(s) any fees deemed proper to be levied on application for registration as a teacher under, or on the issue of a certificate or of a permit to teach or otherwise in regard to any matter mentioned in, Part IX;

(t) the practice and procedure to be followed in connection with an investigation made by a Committee of Enquiry constituted under subsection 126(1);

(u) the manner in which appeals shall be made to the Minister from decisions of the Registrar General and the fees to be paid in respect of an appeal;

(v) the establishment, organization, management, control and dissolution of any sports council, body or committee at the educational institution, and of educational institutions at the district, state or national level;

(va)

the establishment, organization, management, control and dissolution of any council, body or committee for technical and vocational education and training;

(w) the provision of extension education in educational institutions established and maintained by the Minister under this Act;

(x) the circulation by a pupil or pupils, whether within an educational institution or not, of any magazine, pamphlet or printed or written matter of a like nature;

(y) the manner of determining the amount of grant-in-aid payable to government-aided educational institutions;

(z) the conditions and limitations upon or subject to which grants-in-aid or capital grants shall be paid to government-aided educational institutions;

(aa) the determination of approved fees to be charged in respect of attendance at educational institutions generally, or any class of government-aided educational institutions and the payment or remission of the fees;

(ab) the manner of transferring or vesting of any property transferred or vested under this Act and the manner of registering a title to the property;

(ac) any fees deemed proper to be levied in respect of any matter provided for under this Act;

(ad) the forms which may be used for carrying out the provisions of this Act and which may be used in connection with any matter stated or required in this Act to be prescribed by the Minister; and

(ae) any other matter which the Minister deems expedient or necessary for giving effect to any of the provisions of this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/131.Regulations may prescribe penalties for contravention thereof

131. Regulations may prescribe penalties for contravention thereof

Regulations made under this Act may provide that the contravention of any provision in the regulations shall be an offence and that the offence is punishable on conviction with a fine or a term of imprisonment or both but may not provide for the fine to exceed ten thousand ringgit or the term of imprisonment to exceed six months.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/132.Offences and penalties relating to registration of educational institutions

Part XIV OFFENCES AND PENALTIES

132. Offences and penalties relating to registration of educational institutions

(1) A person who, being a chairman of a board of governors or governor or any other person responsible for the management of an educational institution, makes a false or misleading statement in promoting the educational institution shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

(2) A person who--

(a) on making an application under this Act for the registration of an educational institution or for registration as a governor or employee, or otherwise for the purpose of inducing the Registrar General to exercise or refrain from exercising his powers under this Act, makes any statement which he knows to be false or does not believe to be true or intentionally suppresses any material fact, or furnishes any information which is misleading;

(b) obstructs or impedes the Registrar General, a public officer or a police officer in the exercise of the powers conferred upon the officer under section 100, 101 or 102;

(c) refuses to produce any book, document or article, or refuses to furnish information in contravention of subsection 100(2) or furnishes any information which he knows is false or does not believe to be true;

(d) being the chairman of a board of governors of an educational institution contravenes subsection 94(1);

(e) being a person required to be registered as a governor or employee under section 88 acts as a governor or employee without being so registered;

(f) being a governor or person responsible for the management of an educational institution causes or permits any person to act as governor or a person responsible for the management, or as an employee, of the educational institution without being registered under this Act;

(g) acts as a governor or employee in an educational institution not registered under this Act; or

(h) being the chairman of a board of governors or a governor or a person responsible for the management of an educational institution has failed to prevent the educational institution from being used for any activity or purpose of an unlawful nature, or for any activity or purpose of an unlawful organization, society or other body of persons,

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.

(3) A person who--

(a) being the chairman of a board of governors or being the person responsible for the management of an educational institution fails to cause a copy of the certificate of registration of the educational institution to be exhibited in accordance with subsection82(2);

(b) fails to surrender to the Registrar General any certificate of registration or instrument of government under subsection87(5) or 97(1);

(c) being the chairman of the board of governors of an educational institution contravenes subsection 94(1); or

(d) beingthe owner or occupier of any premises and having reasonable causeto believe that the premises or part thereof is being used as an educationalinstitution which is required to be registered under this Act butis not so registered, fails to take all reasonable steps to preventsuch use,

shall be guilty of an offence and shall, on conviction, beliable to a fine not exceeding five thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/133.Offences and penalties relating to registration of teachers

133. Offences and penalties relating to registration of teachers

(1) A person who, in making an application for registration asa teacher or otherwise for the purpose of inducing the Registrar Generalto exercise or refrain from exercising his power under this Act, makesany statement which he knows to be false or does not believe to betrue or intentionally suppresses any material fact or furnishes anyinformation which is misleading, shall be guilty of an offence andshall, on conviction, be liable to a fine not exceeding ten thousandringgit or to imprisonment for a term not exceeding one year or toboth.

(2) A personwho--

(a) acts asa teacher in an educational institution in contravention of subsection 103(1);

(b) causes, permits or employs a person to act as a teacher in contravention of subsection 103(1);

(c) acts as a teacher in an unregistered educational institution;

(d) being a registered teacher teaches in an educational institution in contravention of any condition imposed under subsection109(2) or being the holder of a permit to teach issued under section 114 teaches in an educational institution in contravention of any condition imposed by the permit;

(e) causes, permits or employs a registered teacher to teach in an educational institution in contravention of any condition relating to the teacher imposed under section 109 or causes, permits or employs the holder of a permit to teach issued under section 114 to teach otherwise than in accordance with the conditions imposed by the permit;

(f) fails to surrender a certificate, document or permit in accordance with section 115; or

(g) being a registered teacher fails to make a report to the Registrar General in accordance with section 116,

shall, on conviction of an offence under (b) or (e), be liable to a fine not exceeding ten thousand ringgit and shall, on conviction of an offence under (a), (c), (d), (f) or (g), be liable to a fine not exceeding five thousand ringgit.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/134.Offences and penalties relating to Inspectors

134. Offences and penalties relating to Inspectors

A person who--

(a) obstructs or impedes the Chief Inspector or an Inspector of Schools in the exercise of any powers conferred on him by section121;

(b) refuses to produce any time-table, syllabus, record, book, material, document or article, or to furnish information, in contravention of subparagraph 121(b) (ii); or

(c) furnishes any information which is false in any material particular or which he knows to be false or does not believe to be true,

shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment not exceeding two years or to both.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/135.General penalty

135. General penalty

(1) A person who is guilty of an offence under this Act for which no penalty is expressly provided 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.

(2) A person who is guilty of an offence under this Act shall, in the case of a continuing offence, on conviction be liable, in addition to any other penalty to which he is liable under this Act in respect of the offence, to a daily fine not exceeding five hundred ringgit for each day the offence continues to be committed.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/136.Power to investigate

136. Power to investigate

(1) The Registrar General or a public officer authorized by the Registrar General in that behalf in writing or a police officer not below the rank of Inspector shall have the power to investigate the commission of an offence under this Act or any regulations made under this Act.

(2) The Registrar General or a public officer authorized by the Registrar General in that behalf in writing or a police officer not below the rank of Inspector may, in relation to any investigation in respect of an offence under this Act or any regulations made under this Act, exercise the special powers in relation to police investigation except that the power to arrest without warrant given by the Criminal Procedure Code [Act 593 ] in any seizable offence shall not be exercised by the Registrar General or the public officer authorized by the Registrar General in that behalf in writing.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/137.Power to enter without warrant

137. Power to enter without warrant

Without prejudice to section 136, if the Registrar General or a public officer authorized by the Registrar General in that behalf in writing or a police officer not below the rank of Inspector has reasonable grounds for believing that the object of any search to be conducted on any premises for the purposes of this Act is likely to be frustrated by reason of any delay in obtaining a search warrant under the Criminal Procedure Code, he may, without the warrant, enter the premises for such purposes by the use of only such force as may be necessary to effect entry.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/138.Institution and conduct of prosecution

138. Institution and conduct of prosecution

The Registrar General or a public officer authorized by the Registrar General in that behalf in writing or a police officer not below the rank of an Inspector may, with the written consent of the Public Prosecutor, institute and conduct prosecution in respect of an offence under this Act or any regulations made under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/139.Power to compound offences

139. Power to compound offences

(1) The Registrar General may, in a case where he deems it fit and proper so to do, and with the written consent of the Public Prosecutor, compound any offence committed by a person which is punishable under this Act, except an offence under section72 and subsection 132(1), or any regulations made under this Act by making a written offerto the person to compound the offence on payment to the RegistrarGeneral, within such time as may be specified in the offer, of suchsum of money, as may be so specified, which shall not exceed fiftyper centum of the amount of the maximum fine to which the person wouldhave been liable if he had been convicted of the offence.

(2) An offerunder subsection (1) may be made at any time after the offence has been committed, but before any prosecution for it has been instituted, and where the amount specified in the offer is not paid within the time specified in the offer, or within such extended period as the Registrar General may grant, prosecution for the offence may be instituted at any time thereafter against the person to whom the offer was made.

(3) Where an offence has been compounded under subsection(1)--

(a) no prosecution shall thereafter be instituted in respect of the offence against the person to whom the offer to compound was made; and

(b) any goods, thing or other article seized in connection with the offence shall be released immediately.

(4) Any moneys paid to the Registrar General pursuant to subsection(1) shall be paid into and form part of the Federal Consolidated Fund.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/140.Officers deemed to be public servants

Part XV MISCELLANEOUS

140. Officers deemed to be public servants

Every person appointed, or lawfully exercising the powers of a person appointed, under Part II, shall be deemed to be a public servant for the purpose of the Penal Code [Act 574].

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/141.Requirements as to premises

141. Requirements as to premises

(1) A governor or person responsible for the management of aneducational institution shall ensure that the premises of the educationalinstitution conform to such standards as may be prescribed for educationalinstitutions of the description to which the educational institutionbelongs.

(2) If the Ministeris satisfied with respect to an educational institution that havingregard to the nature of the site or to any existing buildings thereofor to other special circumstances affecting the premises it wouldbe unreasonable in that case to require conformity with the prescribedstandards referred to in subsection (1) in any particular respect, he may direct that the premises shall be deemed to conform to the prescribed standards if in lieu of conforming to the prescribed standards the premises conform to such other requirements as may be specified in the direction.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/142.Enrolment of pupils in government or government-aided educational institutions

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

Except with the permission of the Registrar, a pupil who is enrolled as a pupil in a government or government-aided educational institution shall not, whilst so enrolled, be enrolled in any other such educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/143.Power to exempt educational institutions

143. Power to exempt educational institutions

The Minister may, if he considers it desirable and in the interests of an educational institution or in the interests of the pupils or the public, by order published in the Gazette, exempt the educational institution or any class or classes of educational institutions from all or any of the provisions of this Act, except the provisions as to registration, 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 cancel or alter or add to such conditions.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/144.Special Committee

144. Special Committee

Notwithstanding any other provision in this Act, the Minister may constitute a special committee consisting of such persons as the Minister may appoint in respect of--

(a) any particular educational institution or class of educational institutions; or

(b) any educational matter or project,

for the purpose of advising him in matters relating thereto, and may in his discretion confer on the committee all or any of the powers conferred on a Committee of Enquiry by section 127.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/145.Service of notices, etc.

145. Service of notices, etc.

(1) Any notice, order or communication, which is required to be, or which may be, sent to or served on--

(a) a chairman of a board of governors, governor or other person responsible for the management, or an employee, of an educational institution registered under this Act, may be served by letter addressed to the chairman, governor, person or employee at the registered address of the educational institution or may be served by affixing the notice, order or communication on a conspicuous part of the premises of the educational institution as the Registrar General may deem fit;

(b) a person applying for the registration of an educational institution or for registration as a teacher, a governor or an employee may be served by letter addressed to the person at the address stated in his application form;

(c) a registered teacher may be served by letter addressed to the educational institution or address last reported to the Registrar General under section 116;

(d) the holder of a permit to teach issued under section114 may be served by letter addressed to the educational institution in respect of which the permit was issued; and

(e) any person other than persons specified in (d) may be served by letter addressed to the person at his last-known place of residence.

(2) Notwithstanding paragraph (1)(a), if the chairman of the board of governors of an educational institution has not been appointed, a notice, order or communication for service on the chairman may be addressed to or served upon the person who, in the opinion of the Registrar General, is in charge of the educational institution.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/146.Change of title of certain educational institutions

Part XVI TRANSITIONAL AND REPEAL

146. Change of title of certain educational institutions

On the appointed date all educational institutions which, immediately before the date were--

(a) national primary schools shall be known as national schools; and

(b) national-type primary schools shall be known as national-type schools.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/147.Secondary vocational schools to be part of national secondary schools until annulled

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

Secondary vocational schools established before the appointed date shall continue to be part of the national secondary schools under paragraph 30(1)(b) until such schools are annulled by the Minister by order published in the Gazette.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/148.Assistance to existing educational institutions

148. Assistance to existing educational institutions

Subject to the provisions of this Act, the Minister shall continue to assist all educational institutions which were in receipt of grant-in-aid or other similar financial assistance from the Government or from public funds on the day immediately preceding the appointed date.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/149.Saving in respect of contribution towards religious teaching

149. Saving in respect of contribution towards religious teaching

Notwithstanding anything to the contrary, the Federal Government may continue to make payments in respect of the cost referred to in section 37 of the Education Act 1961 in relation to religious instruction givenunder section 36 of the Act as if the sections had not been repealed by this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/150.Saving in respect of certain exempted educational institutions, etc.

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

Until such date as the Minister may, by notification in the Gazette , appoint--

(a) all educational institutions exempted from the provisions of the Education Act 1961 by section 127 of the Act shall be exempted from the corresponding provisions of this Act; and

(b) a teacher exempted from the provisions of Part VI of the Education Act 1961 by section 128 of the Act shall be exempted from the provisions of Part IX of this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/151.Saving in respect of registered educational institution, governor, manager or employee

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

Any educational institution, governor, manager or employee registered or deemed to be registered under the provisions of the Education Act 1961 shall, on the appointed date, be deemed to have been registered under this Act and--

(a) subject to (b), the provisions of this Act shall apply to the educational institution, governor, manager or employee as if the educational institution, governor, manager or employee was registered under this Act; and

(b) the conditions imposed on the educational institution, governor, manager or employee prior to the coming into force of this Act shall continue to remain in force as if the conditions were imposed under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/152.Winding up of Central Board

152. Winding up of Central Board

(1) The Minister may, on a date to be determined by him, by notice published in the Gazette, order the winding up of the Central Board established under section 92 of the Education Act 1961.

(2) Upon its winding up--

(a) the members, including the Chairman of the Board, shall cease to hold office;

(b) the Board shall cease to be the employer of a teacher in an educational institution;

(c) any interests in any movable or immovable property and any rights and liabilities which hitherto were vested in or might be had by the Board immediately prior to the date of the winding up of the Board shall devolve on the Government; and

(d) the Minister may give such directions as he deems proper in respect of any staff or employee of the Board.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/153.Maintenance of contributory fund

153. Maintenance of contributory fund

(1) Any contributory fund (including the Teacher's Provident Fund) established under the Education Act 1961 or any regulations made under the Act shall continue to be maintained and managed in accordance with any written law relating to the fund until the Yang di-Pertuan Agong makes an order for its winding up or otherwise.

(2) A winding up order under this section shall be made only on the advice of the Minister of Finance.

(3) The Minister may by regulations amend any rule or regulation relating to the fund made prior to the appointed date to provide for the better administration of the fund or to remove any difficulty relating to the fund.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/154.References to governor or board of governors to include manager and board of managers

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

References in this Act to a governor shall include references to a manager registered under the Education Act 1961 and references to the board of governors shall include references to the board of managers under the Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/155.Repeal

155. Repeal

(1) The Education Act 1961, the Education (Amendment) Act 1963 [Act No. 32 of 1963], the Education Act (Extension to Sarawak) Order 1975 [P.U.(A) 425[#8260]1975] and the Education Act (Extension to Sabah) Order 1976 P.U.(A) 176[#8260]1976] are repealed.

(2) All appointments, regulations, rules, by-laws, exemptions, directions and orders made, all registers kept and all certificates granted or having effect under the laws or orders repealed by this section and in force or having effect at the commencement of this Act, shall (without prejudice to the power of the Minister to amend the regulations, rules and by-laws, by any regulations or to amend, revoke or withdraw the exemptions, directions or certificates by order or direction made under the appropriate provisions of this Act and subject to such modifications as may be necessary to bring the regulations, rules, by-laws, exemptions, directions, or orders in conformity with this Act) continue to be in force and have effect as if they had been made, kept, or granted under this Act, until otherwise provided for under this Act.

Unannotated Statutes of Malaysia - Principal Acts/EDUCATION ACT 1996 Act 550/EDUCATION ACT 1996 ACT 550/156.Power of Minister of Finance

156. Power of Minister of Finance

Nothing in this Act shall be deemed to affect the exercise by the Minister of Finance of the powers conferred upon him by section 6 of the Financial Procedure Act 1957 [Act 61] in respect of the management of the Consolidated Fund and the supervision, control and direction of matters relating to the financial affairs of Malaysia.

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