edu act 1996

LAWS OF MALAYSIAAct 550

EDUCATION ACT 1996

3

LAWS OF MALAYSIA

Act 550

EDUCATION ACT 1996

ARRANGEMENT OF SECTIONS

PART 1

PRELIMINARY

Section

1. Short title and commencement.2. Interpretation.

PART II

ADMINISTRATION

3. Appointment and duty of Director General of Education.4. State Directors of Education and other Education Officers.5. Registrar General of Schools 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.

PART III

NATIONAL EDUCATION ADViSORY COUNCIL

10. National Education Advisory Council.11. Punctions 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.

4 Laws of Malaysia ACT 550

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 examinations.

Chapter 2 -Pre-School Education

20. Prohibit ion against the establishment, operation ormanagement of kindergartens.

21. Power of Minister to establish kindergartens.22. Pre-school curriculum.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.

Chapter 3-Primary Education

27. Minister to provide primary education.28. Establishment and maintenance of national and national-

type schools.29. Duration of primary education.

Chapter 4 -Secondary Education

30. Minister to provide secondary education.31. Establishment and maintenance of secondary schools.32. Transition class.

Chapter 5-Post-Secondary Education

33. Post-secondary education.

Chapter 6-Other Educational Institutions

34. Other educational inst i tut ions.

5Education

Chapter 7-Technical Education and Polytechnics

Section

35. Technical education in national secondary schools and othereducational institutions.

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

37. Collaboration with other inst i tut ions and indus t r ia lorganizations in technical and vocational education.

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

39. Power to make regulations in relation to polytechnics.

Chapter 8 - Special Education

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

education.

Chapter 9 - Teacher Education

42. Restriction on establishment of teacher education colleges.43. Registration of teacher education colleges.44. Award of certificates or other qualifications by teacher

education colleges.45. Minister may establish and maintain teacher education

colleges.46. Teacher education colleges 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 governmenl for teacher education colleges.49. Power to make regulations in relation to teacher education

colleges.

Chapter 10 - Religious Teaching inEducational Institutions

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

es tabl ished or m a i n t a i n e d by the Min i s t e r or Sta teGovernment.

Laws of Malaysia ACT 550

Chapter II - 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 gcwernors of government or

government-aided educational institution.60. Nolice 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 government

educational institution.63. Interpretation.

Chapter 12-Provision of Facilitiesand Services

64. Power of Minister to render assistance.65. Medical and dental inspection of pupils.66. Boarding facilities.

PART V

ASSESSMENT AND EXAM1NATION

67. Assessment of pupils.68. Examinations.69. Prohibitions on the conduct of examinalions.

PART VI

HIGHER EDUCATION

70. Minister to be responsible for higher education.71. Establishment of higher educational insti tutions, etc. is

prohibited.72. Penalty.

Education

PART VII

PRIVATE EDUCATIONAL INSTITUTIONS

Section

73. Saving relating to private educational institutions.74. Private educational inst i tut ions to comply wi th the

requirement of National Curriculum and to prepare pupilsfor prescribed examinations.

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

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

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

78. Application of other provisions of the Act to privateeducational institutions.

PART VIII

REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 1 - Registration of EducationalInstitutions

79. All educational institutions to be registered.80. Register.81. Provisional certificates of registration.82. Registralion.83. Change in respect of educational institution premises.84. Refusal to register an educational institution.85. Notice of refusal to register an educationa! institution.86. Prohibition on advertisement, etc.

Chapter 2-Cancellation of Registration

87. Grounds for cancellation of registration of an educationalinst i tut ion.

Chapter 3 - Registration of Governorsand Employees

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. Nolice of refusal to register a governor or employee.

7


Section

92. Appeal against refusal to register a governor or employee.93. Power of Registrar General to strike off the register a govemor

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.

Chapter 4 - Registration of Pupils

98. Registration of pupils.

Chapier 5 - Inspection of EducationalInstitutions by the Registrar General

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

103. Prohibition to teach.104. Register of teachers.105. Appiication 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.

Chapter 2-Permits to Teach

114. Issue of permits to teach.

8

Education

Chapter 3 - Miscellaneous

Section

115. Surrender of certificates of registration as a teacher.116. Duty of teacher to nonfy change of educational institution.

PART X

THE INSPECTORATE OF SCHOOLS

Chapter I - The Inspectorate

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.

Chapter 2 - General

121. General powers of Inspectors of Schools.122. Chief Inspector may authorise Education Officers to act on

his behalf.

PART XI

FINANCE

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

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

130. Power of Minister to make regulations.131. Regulations may prescribe penalties for contravention thereof.

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PART XIV

OFFENCES AND PENALTIES

Section

132. Offences and penalties relating to registration of educationalinstitutions.

133. Offences and penalties relating to registration of teachers.134. Offences and penalties relating to Inspectors.135.. General penalty.136. Power to irwestigate.137. Power to enter without warrant.138. Insti tution and conduct of prosecution.139. Power to compound offences.

PART XV

MISCELLANEOUS

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 XVITRANSITIONAL AND REPEAL

146. Change of title of certain educational inst i tut ions.147. Secondary vocational schools lo be part of national secondary

schools un t i l 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 rcspect of registered educational i n s t i t u t i o n ,

governor, manager or employee.152. Winding up of Central Board.153. Maintenance of contributory fund.154. References to governor or board of governors lo inc lude

manager and board of managers.155. Repeal.156. Power of Minister of Pinance.

SCHEDULE

11LAWS OF MALAYSIA

Act 550

EDUCATION ACT 1996

An Act to provide for education and for matters connectedtherewith.

[ ]

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

AND WHEREAS the purpose of education is to enablethe Malaysian society to have a command of knowledge,skills and values neccessary in a world that is highlycompetitive and globalised, arising from the impact ofrapid development in science, technology and information:

AND WHEREAS education plays a vital role inachieving the country's vision of attaining the status ofa fu l ly developed nation in terms of economicdevelopment, social justice, and spiritual, moral and ethicalstrength, 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 thefull potential of the individual and fulfill the aspirationof the Malaysian nation:

AND WHEREAS the National Education Policy isbased on the National Philosophy of Education whichis expressed as follows:

"Education in Malaysia is an ongoing effort towardsfurther developing the potential of individuals in aholistic and integrated manner so as to produceindividuals who are intellectually, spiritually,


emotionally and physically balanced and harmonious,based on a firm belief in and devotion to God. Suchan effort is designed to produce Malaysian citizenswho are knowledgeable and competent, who possesshigh moral standards, and who are responsible andcapable of achieving a high level of personal well-being as well as being able to contribute to thebetterment of the family, the society and the nationat large":

AND WHEREAS the above policy is to be executedthrough a national system of education which providesfor the national language to be the main medium ofinstruction, a National Curr iculum and commonexaminations; the education provided being varied andcomprehensive in scope and which will satisfy the needsof the nation as well as promote national unity throughcultural, social, economic and political development inaccordance with the principles of Rukunegara:

AND WHEREAS it is considered desirable that regardshall be had, so far as is compatible with that policy,with the provision of efficient instruction and with theavoidance of unreasonable public expenditure, to thegeneral principle that pupils are to be educated inaccordance with the wishes of their parents:

NOW, THEREFORE, BE IT ENACTED by the SeriPaduka Baginda Yang di-Pertuan Agong with the adviceand consent of the Dewan Negara and Dewan Rakyat inParliament assembled, and by the authority of the same,as follows:

PART I

Short titleandcommence-ment.

PRELIMINARY

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

Interpre-tation.

13Education

2. In this Act, unless the context otherwise requires-

"age", in relation to a pupil, means the age attainedby the pupil on the first day of the first month of theschool year in question;

"appointed date" means the date of coming into forceof this Act;

"approved fees" means fees approved by the Minister;

"Assistant Registrar" means an Assistant Registrar ofSchools or Assistant Registrar of Teachers, as the casemay be, appointed under subsection 5(3);

"capital grant" means a payment from public funds toan educational institution f o r -

(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 Schoolsappointed under subsection 6(1);

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

"correspondence" means correspondence delivered byhand or by post;

"correspondence school" means an organization orinstitution providing instruction or teaching by means ofcorrespondence;

"Director of Education" means a Director of Educationof a State or Federal Territory appointed undersection 4;


"Director General" means the Director General ofEducation appointed under section 3;

"distance education centre" means a place, anorganization or an institution providing instruction orteaching -

(a) exclusively through the medium of electronics;(b) exclusively through correspondence;(c) partly through the medium of electronics and

partly through correspondence or other methodsof instruction; or

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

"Education Officer", in relation to a district or an area,means an education officer appointed under paragraph

"Education Service" means a public service underparagraph (1)(h) of Article 132 of the Federal Constitution;

"educational institution" means a school or any otherplace where, in the carrying on of the work of anorganization or institution, persons are habitually taught,whether in one or more classes, and includes a kindergartenand a distance education centre but does not include -

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

(b) any place declared by the Minister by notificationin the Gazette not to be an educational institutionfor the purposes of this Act;

"employee" means a person employed by a board ofgovernors, other than a governor, a teacher or such otherperson as may be appointed or nominated by the Ministerunder subsection 58(2) or 61(2), as the case may be,employed or actively taking part in work connected withthe running or the administration of an educationalinstitution;

4 (b)

Education 15

"extension education" means a full-time or part-timeeducation for persons who are.not following the usualcourse of study at an educational institution;

"government school" or "government educationalinstitution" means a school or an educational institutionestablished and fully maintained by the Minister underPart IV;

"government-aided school" or "government-aidededucational institution" means a school or an educationalinstitution in receipt of capital grant and full grant-in-aid;

"governor" means a person who is empowered underan instrument of government to administer or managean educational institution;

"grant-in-aid" means any payment from public funds,other than a capital grant, made to an educationalinstitution;

"higher education" means education provided by ahigher educational institution;

"higher educational institution" means an educationalinstitution providing higher education leading to the awardof a diploma, degree or the equivalent thereof;

"instrument of government" means an instrument ofgovernment as specified in section 53;

"kindergarten" means any place where pre-schooleducation is provided to ten or more pupils;

"lower secondary education" means a three-year courseappropriate for a pupil who has completed primaryeducation;

"National Curriculum" means such curriculum as maybe prescribed;


"national language" means the Malay language asstipulated in Article 152 of the Pederal Constitution;

"national school" means a government or government-aided primary school-

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

(b) using the national language as the main mediumof instruction;

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

(d) in which facilities for the teaching o f -(i) the Chinese or Tamil language shall be

made available if the parents of at leastfifteen pupils in the school so request;and

(ii) indigenous languages shall be madeavailable if it is reasonable and practicableso to do and if the parents of at leastfifteen pupils in the school so request;

"national secondary school" means a government orgovernment-aided secondary school-

(a) providing a five-year course of secondary educationappropriate for pupils who have just completedprimary education;

(b) using the national language as the main medium ofinstruction;

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

(d) in which facilities for the teaching o f -(i) the Chinese or Tamil language shall be made

available if the parents of at least fifteenpupils in the school so request;

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

Education 17

(iii) Arabic, Japanese, German or Prench orany other foreign language may be madeavailable if it is reasonable and practicableso to do; and

(e) preparing pupils for such examinations as maybe prescribed,

and includes any such school providing a transition class;

"national-type school" means a government orgovernment-aided primary school -

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

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

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

"parent" includes a guardian and any person who hasthe legal or actual control of a pupil;

"place" means any place, whether public or private;

"post-secondary education" means education providedto a person who has completed upper secondary education,but does not include higher education;

"pre-school curriculum" means curriculum guidelinesapproved by the Minister under section 22 for use inkindergartens;

"pre-school education" means an educational programmefor pupils from the ages of four to six years;

"premises" means any building used as an educationalinstitution and includes any building for the purpose ofproviding accommodation and other facilities for pupilsand staff of the institution but does not include any landoccupied therewith;

"prescribed" means prescribed by regulations madeunder this Act;


"primary education" means a course of study at primaryIevel which is designed for a duration of six years butwhich may be completed within five to seven years;

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

"private school" or "private educational institution"means a school or an educational institution which isnot a government or government-aided school oreducational institution;

"pupil" means a person of any age for whom educationor training is being provided in an educational institution;

"registered teacher" means any teacher registered underthis Act;

"Registrar" means the Registrar of Schools and Teachersappointed under subsection 5(3) and includes the RegistrarGeneral;

"Registrar General" means the Registrar General ofSchools and Teachers appointed under subsection 5(1),and includes the Deputy Registrar General of Schoolsand Teachers appointed under subsection 5(2);

"school" means a place where ten or more persons arehabitually taught whether in one or more classes, butdoes not include any place where the teaching is confinedexclusively to the teaching of any religion;

"secondary education" means education comprisinglower secondary and upper secondary education;

"secondary school" means a school providing secondaryeducation appropriate for a pupil who has just completedprimary education;

"special education" means education that caters forthe special educational needs of pupils;

19

Appointmentand duty ofDirectorGeneral ofEducation.

StateDirectors ofEducalionand otherEducationOfficers.

Education

"special school" means a school providing specialeducation as prescribed by regulations made under section41;

"State Authority" means the Ruler or Yang di-PertuaNegeri of a State and, in the case of a Federal Territory,the Yang di-Pertuan Agong;

"teacher" means a person w h o -(a) teaches pupils in an educational institution; or(b) prepares or issues lessons or corrects returned

answers in, for or through a distance educationcentre,

and includes a head teacher or principal;

"transition class" means a class in a secondary schoolproviding one year of instruction to pupils from a primaryschool using a language other than the national languageas the medium of instruction prior to the commencementof the lower secondary education;

"upper secondary education" means education suitableto the abilities and aptitudes of a pupil who has completedlower secondary education.

PART II

ADMINISTRATION

3. (1) There shall be a Director General of Educationwho shall be appointed by the Yang di-Pertuan Agongfrom amongst the officers in the Education Service.

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

4. There shall b e -(a) for each State or for such other area in Malaysia

as may be determined by the Minister a Directorof Education; and

20

RegistrarGeneral ofSchools andTeachers.

ChiefInspector ofSchools andInspectorsof Schools.

Director ofExamina-t i o n s .


(b) for each district or for such other area in aState as may be determined by the Minister anEducation Officer designed as such for thepurposes of this Act,

who shall be appointed by the Minister.

5. (1) There shall be a Registrar General of Schoolsand Teachers who shall be appointed by the Minister.

(2) The Minister may appoint a Deputy RegistrarGeneral of Schools and Teachers.

(3) The Minister shall appoint a Registrar of Schoolsand Teachers for each State, and may appoint such numbersof Assistant Registrars of Schools and Assistant Registrarsof Teachers as may be considered necessary for thepurposes of this Act.

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

(5) The Registrar General shall have the powers andexercise the functions conferred on him by this Act, andin his absence such powers and functions may be hador exercised by the Deputy Registrar General.

(6) The Registrar or Assistant Registrar may exerciseall the powers and functions conferred on the RegistrarGeneral by or under this Act, subject to any restrictionthat may be imposed by the Registrar General.

6. (1) The Minister shall appoint a Chief Inspector ofSchools.

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

(3) A l l Inspectors of Schools appointed undersubsection (2) shall be subject to the direction and controlof the Chief Inspector of Schools.

7. (1) The M i n i s t e r sha l l appo in t a Director ofExaminations and may appoint such other officers to actunder the general direction and control of the Director

21

Power ofMinister toissue generaldirections.

Power ofMinister toissuespecialdirections.

Act 43/61

NationalEducationAdvisoryCouncil.

Education

of Examinations as he may consider necessary for thepurposes of this Act.

(2) The Director of Examinations shall, subject toany regulations made under section 68, be responsiblefor the conduct of examinations for the purposes of thisAct.

8. The Minister may from time to time give an officerappointed under this Part directions of a general character,and not inconsistent with the provisions of this Act, asto the exercise of the powers and discretion conferredon the officer by, and the duties required to be dischargedby the officer under, this Act and regulations made underthis Act, in relation to ali matters which appear to theMinister to affect the National Education Policy, andthe officer shall give effect to every such direction.

9. The Minister may from time to time g i v e -(a) a governor or any member of a board appointed

under subsection 61(1), or an employee or headteacher, of an educational institution; and

(b) a member of the Central Board established undersection 92 of the Education Act 1961,

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

PART III

NATIONAL EDUCATION ADVISORY COUNCIL

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

(2) The National Education Advisory Council shallconsist of a chairman and such other persons as may beappointed by the Minister.

22

Functionsof NationalEducationAdvisoryCouncil.

Right ofattendance.

Power tomakeregulationsin relationto NationalEducationAdvisoryCouncil.

NationalEducationAdvisoryCouncil mayregulate itsownprocedure.


(3) Subject to regulations made under this Part, eachmember of the National Education Advisory Council shallhold office for such term and subject to such conditionsas may be specified in his letter of appointment.

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

11. (1) The Minister may refer to the National EducationAdvisory Council any matter relating to education forits 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 advicethereon.

12. The Minister may attend, and may nominaterepresentatives to attend, any meeting of the NationalEducation Advisory Council.

13. The Minister may raake regulations for the purposeof giving effect to the provisions of this Part, and, withoutprejudice to the generality of such power, may by theregulations provide f o r -

(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 considersnecessary for the proper functioning of theCouncil.

14. Subject to this Act and any regulations made underthis Act, the National Education Advisory Council mayregulate its own procedure.

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NationalEducationSystem.

Categories ofeducationalinstitutions.

Nationallanguage asthe mainmedium ofinstruction.

Nat ionalCur r icu lumto be used byal l schools.

Education

PART IV

NATIONAL EDUCATION SYSTEM

Chapier 1 - The National Education System

15. The National Education System shall compr ise -(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.

16. There shall be three categories of educationalinstitutions in the National Education System, n a m e l y -

(a) government educational institutions;(b) government-aided educational institutions; and(c) private educational institutions.

17. (1) The national language shall be the main mediumof instruction in all educational institutions in the NationalEducation System except a national-type school establishedunder section 28 or any other educational inst i tut ionexempted by the Minister from this subsection.

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

18. (1) The Minister shall prescribe a curriculum to beknown as the National Curr iculum which, subject tosubsection (3), shall be used by all schools in the NationalEducation System.

(2) The National Curriculum prescribed undersubsection (1) shall specify the knowledge, skills andvalues that arc expected to be acquired by pupils at the

24

Schools topreparepupils forprescribedexamination.

Prohibitionagainst theestablish-ment,operation ormanagementof kinder-gartens.

Power ofMinister toestablishkinder-gartens.

Pre-schoolcurriculum.

Language ofinstructionin kinder-gartens.


end of their respective periods of schooling and shallinclude the core subjects as set out in the Schedule andsuch other subjects as may be prescribed.

(3) In the case of private schools, subsection (1) shallbe deemed to have been complied with if the core subjectsof the National Curriculum as set out in the Scheduleare taught in the schools.

(4) The Minister may from time to time by orderpublished in the Gazette add to, amend or alter theSchedule.

19. Every school shall prepare its pupils for examinationsprescribed by or under this Act or any regulations madeunder this Act unless otherwise exempted by or underthis Act.

Chapter 2-Pre-School Education

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

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

21. The Minister may subject to the provisions of thisAct establish and maintain kindergartens.

22. The programmes and activities of every kindergartenshall be based on the c u r r i c u l u m guidel ines forkindergartens approved by the Minister.

23. Notwithstanding subsection 17(1), languages otherthan the national language may be used as a medium ofinstruction in kindergartens, but where a kindergartenuses a language other than the national language, thenational language shall be taught as a compulsorysubject.

25

Power tomake regu-lations inrelation topre-schooleducation.

Chapter 2nol appli-cable lochild carecentres.

Non-appli-cation ofsections 18and 19.

Ministerto provideprimaryeducation.

Establish-ment andmaintenanceof nationaland national-type schools.

Durationof primaryeducation,

Minister toprovidesecondaryeducation.

Education

24. The Minister may make regulations for the carryingout of the provisions of this Chapter.

25. The provisions of this Chapter shall not apply to achild care centre established and registered under anywritten law relating to such centre.

26. Sections 18 and 19 shall not apply to kindergartens.

Chapter 3-Primary Education

27. It shall be the duty of the Minister to provide primaryeducation in government and government-aided primaryschools.

28. Subject to the provisions of this Act, the Ministermay establish national schools and national-type schoolsand shall maintain such schools.

29. A national or national-type school established underthis Act shall provide a course of primary educationdesigned for a duration of six years but which may becompleted within five to seven years.

Chapter 4-Secondary Education

30. (1) It shall be the duty of the Minister to providesecondary education in the following national secondaryschools:

(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 Ministermay provide upper secondary education in any nationalsecondary school.

26

Post-secondaryeducation.

Establish-ment andmaintenanceof secondaryschools.

Transitionclass.

Othereducationalinstitutions.

Act 30.


31. Subject to the provisions of this Act, the Ministermay establish and maintain any of the schools describedin section.30.

32. The Minister may prcwide for a transition class inany academic national secondary school.

Chapter 5 - Post-Secondary Education

33. The Minister may provide post-secondary educationi n -

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

(b) colleges; and

(c) any other n a t i o n a l secondary school orcducational institution established and maintainedby the Minis ter under this Act.

Chapter 6-Other Educational Institutions

34. (1) Subject to the prcwisions of this Act, the Ministermay establish and ma in t a in the following educationalinsti tutions:

(a) colleges, other than colleges with thc s tatus ofUniversity or University College established ordeemed to be established under the Universitiesand Universi ty Colleges Act 1971;

(b) special schools;(c) polytechnics; and

(d) any other e d u c a t i o n a l i n s t i t u t i o n , theestablishmcnt or maintenance of which is notprovided for under this Act or the Univers i t iesand University Colleges Act 1971;

(2) The M i n i s t e r may g ive g r a n t - i n - a i d to aneducational institution, not established by h im, fallingw i t h i n paragraph ( 1 ) ( a ) or ( 1 ) ( b ) .

27

Technicaleducation innationalsecondaryschools andothereducationalinstitutions.

Polytechnicsmay offercourses ofstudy andaward quali-ficationsapproved byMinister.

Collabo-ration wilhotherinstitutionsand industrialorganizationsin technicalandvocationaleducation.

Education

Chapter 7-Technical Education and Polytechnics

35. (1) The Minister may provide technical educationi n -

(a) any national secondary school described insection 30; or

(b) other educational institutions described inparagraph 34(l)(a) or (l)(c).

(2) For the purpose of subsection (1), technicaleducation includes the provision o f -

(a) skill training;(b) specialised 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.

36. A polytechnic established under paragraph 34(1 )(c)m a y -

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

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

37. (1) Subject to the approval of the Minister, apolytechnic established under this Act may, incollaboration with any institution, corporation or industrialorganization, conduct technical or vocational courses ortraining programmes (including exchange programmes)which the Minister deems expedient for the purposeso f -

(a) giving effect to the transfer of technology;(b) upgrading technical and vocational skills of

teachers, employees and pupils of thepolytechnic; and

(c) carrying out such training programmes as theMinister considers desirable and beneficial tothe polytechnic or its pupils or teachers.

28

Provisionsas to coursesof study inrespect ofdegreesconferred byuniversilies,etc.

Power tomake regu-lalions inrelalion 10polytechnics.


(2) The approval given under subsection (1) may besubject to such terms and conditions as the Minister mayimpose.

38. (1) A polytechnic established under this Act may,with the approval of the Minister, conduct courses ofstudy or training programmes for diplomas, certificatesor other forms of recognition of a qualification conferredby any univefsity or other institution of higher educationwithin Malaysia or outside Malaysia.

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

(3) The Minister shall not give his approval undersubsection (1) unless he is satisfied that the polytechnichas made all suitable arrangements with the universityor other institution of higher education concerned withthe conduct of the courses of study or training programmes.

39. The Minister may make regulations for the carryinginto effect of the provisions of this Chapter and, withoutprejudice to the generality of such power, the regulationsmay provide f o r -

(a) the establishment of a board or body to carryout evaluation or assessment or to conductexaminations for polytechnics;

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

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

(d) the discipline of pupils;(e) the establishment, organization, management,

control and dissolution of any council, body orcommittee for extra-curricular activities inpolytechnics; and

(f) any other matter which the Minister deemsexpedient or necessary for the purposes of thisChapter.

29

Ministerto providespecialeducation.

Power toprescribethe durationof andcurriculumon specialeducation.

Res t r ic t ionon establish-ment ofteachereduca t ioncolleges.

Regis t ra t ionof t eaehere d u c a t i o ncolleges.

Education

Chapter 8-Special Education

40. The Minister shall provide special education in specialschools established under paragraph 34(1 )(6) or in suchprimary or secondary schools as the Minister deemsexpedient.

41. (1) Subject to subsections (2) and (3), the Ministermay by regulations prescribe-

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

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

(c) the categories of pupils requiring specialeducation and the methods appropriate for theeducation of pupils in each category of specialschools; and

(d) any other matter which the Ministcr deemsexpedient or neccssary for the purposcs of thisChapter.

(2) The duration prescribed by the Minis ter underparagraph (1 ) (a ) shall not be less than the min imumduration for primary or secondary education, as the casemay be, provided for under this Act.

(3) The curriculum prescribed under paragraph ( 1 ) ( h )shall comply with the requirements of t h e Nat ionalCurriculum in so far as it is reasonably practicable.

Chapter 9-Teacher Education

42. No person shall establish or main ta in a teachereducation college except with thc approval of the Mmister.

43. All teacher education colleges, the establishment ormaintenance of which have been approved undcr section42, shall be registered under th i s Act.

30

Award ofcertificates orotherqualificationsby teachereducationcolleges.

Ministermayestablishand maintainteachereducationcolleges.

Teachereducationcolleges toconductcourses ofstudyapproved byMinister.

Provisionas to courscsof study inrespect ofdegrees, etc.conferred byuniversities,etc.


44. A teacher education college established under thisAct may award a certificate or such other qualificationsas may be prescribed.

45. Notwithstanding section 42, the Minister mayestablish and maintain teacher education colleges andprovide therein teacher education.

46. Every teacher education college established underthis Chapter shall conduct such courses of study andtraining programmes as may be approved by the Minister.

47. (1) A teacher education college established underthis Chapter may, with the approval of the Minister,conduct courses of study or training programmes fordegrees, diplomas, certificates or other forms of recognitionof a qualification conferred by any university or otherinstitution of higher education within Malaysia or outsideMalaysia.

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

(3) The Minister shall not give his approval undersubsection (1) unless he is satisfied that the teachereducation college has made suitable arrangements withthe universi ty or other institution of higher educationconcerned with the conduct of the courses of study ortraining programmes.

(4) A person who contravenes subsection (1) or failslo comply with any term or condition imposed by theMinister under subsection (2) shall be guilty of an offenceand shall, on corv ic t ion , be liable to a fine not exceedingthir ty thousand ringgit or to imprisonment for a term notexceeding two years or to both.

31

Instrumentof govern-ment forteachereducationcolleges.

Power tomake r e g u -l a t i o n s inrelat ion 10teachereduca t ioncolleges.

Education

48. (1) Except for teacher education colleges establishedand maintained by the Minister under section 45, everyteacher education college established under this Act shallhave an instrument of government.

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

(3) Every instrument of government under this sectionshall provide for the constitution of a board of governors,with a chairman, for the management of the teachereducation college by the governors in a manner notinconsistent with this Act and any regulations made underthis Act.

(4) Every instrument of government under this sectionshall be made, amended or revoked in such manner asmay be prescribed.

49. The Minister may make regulations for the carryinginto effect of the provisions of this Chapter and, withoutprejudice to the generality of such power, the regulationsmay previde f o r -

(a) the establishment of a board or body to carryout evaluat ion or assessment or to conductexaminations for teacher education;

(b) the courses of study and training programmesto bc carried out by a teacher education college;

(c) the award of certificates or diplomas;(d) the discipline of pupils in teacher education

colleges;(e) the establishment, organization, management,

control and dissolution of a council, body orcommit tec for extra-curricular activit ies atcollege, dis t r ic t , state and national levels;

(f) the recognilion of qualifications issued by ateacher education college;

(g) procedures for the application for registrationof a teacher education college;

(h) any othcr malter which the Minister deemsexpedient or necessary for the purposes of th isChapter.

32

Teaching ofthe Islamicreligion.

Teaching ofreligiousknowledgeof a religionother thanIslam.

Financialassistance toIslamiceducationalinsti tutionsnot esta-blished ormaintainedby theMinister orStateGovernment.


Chapter 10 - Religious Teaching in EducationalInstitutions

50. (1) Where in an educational institution there arefive or more pupils professing the Islamic religion, suchpupils shall be given religious teaching in Islam by teachersapproved by the State Authority.

(2) The teaching required in an educational institutionunder subsection (1) shall be for a period of at least twohours a week within the period of general Teaching ofthe educational institution, or within such other periodas the Minister may, in the case of any particulareducational institution, appoint.

(3) The governors or other persons responsible forthe management of an educational institution requiredto provide teaching under this section shall make sucharrangements as may be necessary for that purpose.

(4) The governors or other persons responsible forthe management of two or more educational institutionsmay, with the approval of the Registrar, make arrangementsfor teaching under this section to be given to the pupilsprofessing the Islamic religion in the educationalinstitutions jointly.

51. The governors of a government-aided educationalinstitution may provide for religious teaching in a religionother than Islam to the pupils of the educational institutionor to any of them b u t -

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

(b) no pupil shall attend teaching in a religion otherthan that which he professes, except with thewritten consent of his parent.

52. Subject to such conditions and limitations as theMinister may deem fit to impose, financial assistance byway of grant may be given out of monies provided byParliament to an Islamic educational institution which isnot maintained by the Minister under this Act or by theGovernment of a State and which is either an educationalinstitution within the meaning of this Act or is not such

33

Instrumenlof govem-ment foreducationalinstitutions.

Power lomake regu-la t ions inrelation toinstrumentsof govern-ment.

Educationalinstitution tobe managedby its in-strument ofgovernment.

Education

an educational institution only because the teaching thereinis confined exclusively to the teaching of the religionof Islam.

Chapter 11 - Management of Educational Institutions

53. (1) Subject to the provisions of this Act, everyeducational institution shall have an instrument ofgpvernment.

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

(3) Subsection (1) shall not apply to governmenteducational institutions except a national-type school andschools to be determined by the Minister.

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

54. (1) The Minister may make regulations for theestablishment of a board of governors and for themanagement of an educational inst i tut ion by a board ofgovernors and, without prejudice to the generality ofsuch power, the Minister may, in the regulations, prescribethe duties of the governors and othcr persons responsiblefor the management of educational inst i tutions.

(2) Any regulations madc under subsection (1) mayprescribe different duties for governors or other personsresponsible for the management of different categoriesof educational institutions.

55. Subject to the other provisions of this Act and inparticular the provisions as to exemption, every educationalinstitution shall be managed in accordance wi th itsinstrument of government.

34

Power ofMinister loappointadditionalgovernors.

Appointmentof teachersunderinstrument ofgovernmentand Act.

Power ofMinister inrelation toexercise offunct ions .etc.


56. (1) If the Minister is sat isf ied-(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 wilfullydisregarded;

(c) that any provision of this Act or any regulationsmade under this Act is being w i l f u l l ydisregarded; or

(d) in the case of a government aided educationali n s t i tu t ion , the property or funds of theeducational institution are not being properlyadministered,

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

(2) The Minister may in his discretion at any timeremove an additional governor appointed under subscction(1).

(3) An additional gcwernor appointed for an educationalinstitution under subsection (1) shall for all purposes bcdeemed lo be a governor of the institution.

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

57. Subject to the other provisions of this Act and anyregulations made under this Act, teachers in an educationalins t i t u t ion other than a government or government a idededucat ional institution shall be appointed in accordancewith the instrument of government.

58. ( 1 ) If the Minister is satisfied that in an educationali n s t i t u t i o n -

(a) the governors have been acting or are proposingto act unreasonably with respect to thc exerciseof any power conferred or the discharge of anydu ty imposed by or under this Act; or

35

Dissolutionof board ofgovernors ofgovernmentorgovernment-aidededucationalinstitution.

Education

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

the Minister m a y -

(aa) give such directions in writing as to the exerciseof the power or the discharge of the duty asappear to him to be expedient, with whichdirections it shall be the duty of the governorsto comply; or

(bb) suspend or dismiss all or any of the governorsand, notwithstanding the provisions of anyinstrument relating to the institution, appointsuch person or persons as he may think fit tohave and to exercise all the functions of thegovernors for such period as he may direct.

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

59. (1) The Minister may, after giving the board ofgovernors of a government or government-aidededuca t iona l inst i tut ion an opportunity to makerepresentations in accordance with regulations made underthis Act, by notice in writing addressed to and servedupon the chairman of the board order that the board bedissolved if he is satisfied that the b o a r d -

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

(b) has contravened any direction issued by theMinister under section 9;

(c) has contravened any term or condition imposedunder subsection 82(3);

(d) has failed to observe or carry out any previs ionof the ins t rument of government of theeducational inst i tut ion;

36

Notice ofdissolutionto containconse-quentialdirections.

Minister shallappoint adifferentboard upondissolutionof a board.

Dissolutionof board ofmanagers orgovernors ofgovernmenteducationalins t i tu t ion .


(e) has failed to prevent the educational institutionfrom being used for purposes which aredetrimental to the interests of Malaysia or anypart thereof or which are contrary to publicinterest; or

(f) has failed to prevent the educational institutionfrom being used for any activity or purpose ofan unlawful nature, or for any activity or purposeof an unlawful organization, society or otherbody of persons.

(2) Where the Minister dissolves a board undersubsection (1), he shall specify in the notice the groundsfor the dissolution and the date on which the dissolutionshall take effect.

60. 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 deemit necessary, expedient or fit to give.

61. (1) Where the Minister dissolves a board undersection 59, the Minister shall at any time thereaiter appointa different board in accordance with the Act.

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

(3) After the dissolution of a board of governors ofa government or government-aided educational institutionunder section 59 sections 53, 54, 55, 56 and 87 shall notapply to the educational institution.

62. (1) Every board of managers or board of governorsof a government educational insti tution e x c e p t -

(a) a government national-type primary school; and(b) a gove rnmen t n a t i o n a l p r imary school or

government national secondary school to bedetermined by the Minister,

37

Interpre-tation.

Power ofMinister torenderassistance.

Education

established prior to the appointed date, shall be dissolvedon that date in such manner as the Minister may determine,and thereupon it shall cease to employ and to be theemployer of teachers and other employees, and everyinstrument of management or government pertaining tothe educational institution shall cease to have effect.

(2) Upon the dissolution of a board of managers orboard of governors of a government educational institutionunder subsection ( 1 ) -

(a) a person acting as a manager or governorimmediately prior to the appointed date shallcease to act as such;

(b) all rights, obligations and liabilities relating toany matter which, immediately before theappointed date, were the responsibility of theboard shall on that date devolve on theGovernment; and

(c) sections 53, 54, 55, 56, 59 and 87 shall notapply to the government educational institution.

63. References to a board of governors in this Chaptershall, in relation to Sabah, include a ManagementCommittee and, in relation to Sarawak, include aCommittee of Management.

Chapter 12-Provision of Facilitiesand Services

64. Subject to any regulations made under this Act, theMinister may render assistance whether financial orotherwise in respect of pupils or any class of pupils ingovernment or government-aided educational institutionsand such assistance may i n c l u d e -

(a) the granting of bursaries, scholarships, loansor such other assistance; and

(b) the previsions o f -(i) accommodation;

(ii) transport;(iii) books; and(iv) medical and dental services,

38

Medicaland dentalinspectionof pupils.

Boardingfacil i t ies.

Assessmentof p u p i l s .


for the purpose of enabling the pupils to take full advantageof the educational facilities available to them or for thepurpose of promoting their health and well-being.

65. (1 ) Without prejudice to the generality of the powersconferred by section 64, the Minister shall, so far as itis reasonable and practicable so to do, provide for themedical and dentai inspection at appropriate intervals ofpupils of government or government-aided educationalinstitutions.

(2) An officer authorised in that behalf by the Ministermay require the parent or guardian of a pupil of agovernment or government-aided educational institutionto cause the pupil to undergo medical or dental inspection,in accordance with arrangements made by the schoolauthorities, or by a registered medical or dental practitioner,and a person who fails without reasonable excuse tocomply with the requirement shall be guilty of an offenceand shall, on conviction, be liable to a fine not exceedingfive hundred ringgit,

66. Without prejudice to the generality of the powerconferred by section 64, the Minister may, where pupilscannot reasonably be provided with the requisite educationor training unless boarding accommodation is provided,make such arrangements for the accommodation (whetherfree or subject to such charges as the arrangements provide)as he may consider appropriate.

PART V

ASSESSMENT AND EXAMINATION

67. (1) The Minister may prescribe the manner in whichpupiis in primary and secondary schools shall be assessedand the standards to be achieved by the pupils.

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

39

Examina-tions.

Prohibitionson theconduct ofexaminations.

Education

68. The Minister may make regulations to provide f o r -(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 conditionsof 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 manageand conduct examinations; and

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

69. (1) Subject to subsection (4), no person oreducational institution shall conduct, permit or cause tobe held or conducted, or be in any manner concernedin the holding or conducting of, any examination forany pupil of an educational institution or for any privatecandidate without the prior written approval of the Directorof Examinations.

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

(3) A reference in this section to the holding orconducting of an examination shall be deemed to includethe act of-

(a) inviting candidates for an examination;

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

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

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

40

Act 225.

Minister tobe respon-sible forhighereducation.

Establish-ment ofhighereducationalins t i tu t ions ,etc isprohibited.


(e) issuing or granting any diploma or otherdocument or form of recognition in respect ofan examination,

and any other act related to the holding or conductingof an examination, regardless whether the act is donebefore or after the examination.

(4) Subsection (1) shall not apply t o -(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 Act1980; and

(c) an educational institution which conducts itsown examina t ion , test or other forms ofassessment for the purpose of assessing its ownpupils.

(5) A person who contravenes subsection (1) or failsto comply with any restriction, term or condition imposedunder subsection (2) shall be guilty of an offence andshall, on conviction, be liable to a fine not exceedingten thousand ringgit or to imprisonment for a term notexceeding one year or to both.

PART VI

HIGHER EDUCATION

70. The Minister may previde higher education in highereducational institutions in accordance with any writteniaw relating to higher education and shall be responsiblefor the general direction thereof.

71. No person s h a l l -

(a) establish, form, promote or carry on any activityfor the purpose of establishing or forming, ortowards thc establishment or formation of, ah igher educational insti tution;

41

Penalty.

Savingrelating toprivateeducationalinstitutions.

Education

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

(c) operate, manage or maintain any class for theteaching and learning of higher education unlessthe class is being operated, managed ormaintained by a higher educational institution;and

(d) establish, operate, manage or maintain a highereducational institution by the use of the word"university",

except in accordance with any written law on highereducation.

72. A person who contravenes section 71 shall be guiltyof an offence and shall, on corviction, be liable to afine not exceeding fifty thousand ringgit or toimprisonment for a term not exceeding five years or toboth.

PART VII

PRIVATE EDUCATIONAL INSTITUTIONS

73. (1) Nothing in this Act shall be construed asprohibiting the establishment and maintenance of a privateeducational institution.

(2) Notwithstanding subsection (1), every privateeducational institution shall comply with this Act andall regulations made under this Act and applicable to theeducational institution.

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

42

Privateeducationalinstitutionsto complywith therequirementof NationalCurriculumand topreparepupils forprescribedexaminations

Subjects tobe taught inprivateeducationalinstitutionsprovidingpost-secondaryeducation.

Power tomakeregulationsforsupervisionand controlof standardof education.


74. A private educational institution providing primaryeducation or secondary education or both shall complywith the requirements of the National Curriculum andshall prepare pupils for prescribed examinations.

75. (1) The Minister may require a private educationalinstitution providing post-secondary education to teachthe following subjects:

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

(b) Malaysian studies;

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

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

(e) moral education for pupils not professing theIslamic religion,

based on the prescribed curriculum.

(2) The subjects mentioned in paragraphs ( l ) ( a ) to( 1 ) ( e ) shall be taught in addition to any other subject orcourse of study taught in the private educationalinstitutions.

76. The Minis ter may make regu la t ions for thesupervision, regulation or control of the standard ofeducation in private educational institutions.

43

Prohibitionas to coursesof study andtraining inrespect ofdegrees, etc.conferred byuniversities,etc.

Applical ionof otherprovisions ofthe Act toprivateeducationalinstitutions.

Alleducationalinst i tut ionsto beregistered.

Education

77. (1) No private educational institution shall conductany course of study or training programme jointly, inassociation, affiliation or collaboration or otherwise, witha university or institution of higher education or othereducational institution or organization within or outsideMalaysia, except with the approval in writing of theMinister.

(2) The Minister shall not give his approval undersubsection (1) unless he is satisfied that the privateeducational institution has made suitable arrangementswith the university or institution of higher education orother educational institution or organization as to thefacilities for the provision of the course of study or trainingprogramme referred to in the subsection.

(3) When granting approval under subsection (1) theMinister may impose such terms and conditions as hedeems fit.

(4) A person who contravenes subsection (1) or failsto comply with any term or condition imposed by theMinister under subsection (3) shall be guilty of an offenceand shall, on conviction, be liable to a fine not exceedingthirty thousand ringgit or to imprisonment for a term notexceeding two years or to both.

78. For the avoidance of doubt, it is declared that nothingin this Part shall affect or derogate from the applicationof other provisions in this Act to private educationalinstitutions except in so far as the educational institutionshave been expressly exempted.

PART VIII

REGISTRATION OF EDUCATIONAL INSTITUTIONS

Chapter 1 - Registration of Educational Institutions

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

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

44

Register.

Provisionalcertificatesof registra-tion.

Registration.


(3) The Registrar General may impose such termsand conditions as he deems fit when registering aneducational institution under subsection (1).

80. The Registrar General shall keep or cause to bekept a register of educational institutions in such formand manner as may be prescribed.

81. (1) Pending investigation on an application madeunder subsection 79(2), the Registrar General may, inhis discretion, issue to the person who is to act as chairmanof the board of governors or the person responsible forthe management of an educational institution a provisionalcertificate of registration in such form and subject tosuch conditions as may be prescribed.

(2) A provisional certificate of registration issued undersubsection (1) may at the discretion of the RegistrarGeneral be revoked at any time by notice in writingserved on the person to whom the certificate was issued.

82. (1) Without prejudice to section 81 and subject tosubsection (3) and section 83, the Registrar General shall,upon an application for the registration of an educationalinstitution duly made and after such inquiry as he maythink necessary, and upon payment of such fee as maybe prescribed, register the educational institution andissue to the chairman of the board of governors or tothe person responsible for the management of theeducational institution a certificate of registration.

(2) The chairman of the board of governors or anyother person responsible for the management of aneducational institution shall cause a copy of the certificateof registration issued under subsection (1) to be keptexhibited in a conspicuous part of the premises of theeducational institution.

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

45

Change inrespect ofeducationalinstitutionpremises.

Refusal toregister aneducationalinstitution.

Education

83. (1) No educational institution shall change theaddress of its premises or make. any alteration to thepremises without the prior approval of the RegistrarGeneral.

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

84. The Registrar General may refuse to register aneducational institution if he is sa t i s f ied-

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

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

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

(d) that existing educational facilities are alreadyadequate in the area in which it is proposed toopen the educational institution;

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

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

(g) that the person appointed to be the chairmanof the board of governors or head teacher isnot a fit and proper or responsible person toact as chairman or head teacher, as the casemay be.

46

Notice ofrefusal toregister aneducationalinstitution.

Prohibitionon advertise-ment, etc.

Grounds forcancellationof registra-tion of aneducationalinsti tution.


85. (1) When the Registrar General refuses to registeran educational institution under the provisions of section84, he shall inform the applicant by notice in writing ofthe refusal, specifying in the notice the grounds of therefusal.

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

86. (1) No person shall promote an educationalinstitution, whether by advertisement, prospectus, brochureor otherwise, unless the educational institution has beenregistered or a provisional certificate of registration hasbeen issued under subsection 81(1).

(2) A person who contravenes subsection (1) shallbe guilty of an offence and shall, on conviction, be liableto a fine not exceeding thirty thousand ringgit or toimprisonment for a term not exceeding two years or toboth.

Chapter 2-Cancellation of Registration

87. (1) The Registrar General may serve on the chairmanof the board of governors or any person responsible forthe management of an educational institution a notice ofintention to cancel the registration of the educationalinstitution if he is satisfied that it is expedient so to doon 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 anyfalse or misleading statement;

(d) that the chairman of the board of governors orany other person responsible for the management

47Education

of the educational institution has made a falseor misleading statement in a material particularin promoting the educational institution;

(e) that there has been a breach of any term orcondition imposed by the Registrar General undersubsection 79(3);

(f) that there is no chairman of the board ofgovernors of the educational institution, or thatthe person appointed to be the chairman of theboard of governors or to be head teacher is nota fit and proper or responsible person to act aschairman or head teacher, as the case may be.

(2) The Registrar General may act under subsection(1) if he has reason to believe that a registered educationalinstitution has ceased to exist.

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

(4) Where a notice under subsection (1) is served ona person referred to in that subsection, he may withintwenty-one days of the notice being served upon himappeal to the Minister.

(5) If no appeal is made under subsection (4), or ifan appeal having been made is rejected, the RegistrarGeneral may cancel the registration of the educationalinstitution forthwith; and within twenty-one days of thecancellation, the chairman of the board of governors orany person responsible for the management of theeducational institution shall surrender to the RegistrarGeneral the certificate of registration of the educationalinstitution and the instrument of government thereof, andthe chairman and the governors and every employee ofthe educational institution shall surrender to the RegistrarGeneral their certificates of registration issued under thisAct.

48

Allgovemorsandemployeesto beregistered.

Registrationof governorandemployee.

Grounds ofrefusal toregister agovernor oremployee.


Chapter 3 - Registration of Governors and Employees

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

(2) An application for registration as a governor oremployee of an educational institution shall be in theprescribed form.

89. (1) Subject to section 90, the Registrar General shall,upon an application duly made and after such enquiryas he may think necessary, register a person as a governoror an employee in respect of an educational institutionand shall issue to him a certificate of registration in theprescribed form.

(2) The Registrar General may in his discretion i s s u e -(a) to a person applying for registration under this

Chapter (whether on the registration of aneducational institution or subsequently); or

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

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

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

90. (1) The Registrar General may refuse to register aperson as a governor or employee of an educationalinstitution i f -

(a) the person has been convicted of an offence bya court of law and sentenced to imprisonmentfor a term of not less than one year or to a fineof not less than two thousand ringgit;

49

Notice ofrefusal toregister agovernor oremployee.

Appealagainstrefusal toregister agovernor oremployee.

Power ofRegistrarGeneral tostrike offthe registera governoror employee.

Education

(b) the person has, otherwise than by reason onlyof an educational institution having ceased toexist, been struck off any register establishedunder this Act or under the provisions of anyprevious corresponding written law;

(c) the person has made a false or misleadingstatement in, or in connection with, hisapplication for registration, or has intentionallysuppressed any fact which is material to theapplication; or

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

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

91. When the Registrar General refuses under section90 to register a person as a governor or an employee ofan educational institution he shall inform the person bynotice in writing of the refusal.

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

93. (1) The Registrar General may strike off the registera governor or employee-

(a) on the ground specified in paragraph 90(1)(0J;

(b) if it appears to the Registrar General that heis a person who ought not, in the interests ofMalaysia, the public or any person, to remainas a governor or an employee; or

(c) who has obtained his registration in conse,quenceof a mistake or any false or misleading particularfurnished in or in connection with his applicationfor registration.

50

Retirementof governorsandemployees.

Personsstruck offthe registerlo benotified.

Appealagainsts t r ik ing offthe register.

Surrender otcertificate ofregistrat ion.


(2) Notwithstanding subsection (1), no person shallbe struck off the register under paragraph (1 )(a) by reasonof any fact or matter occuring before the dale of hisregistration and disclosed to the Registrar General beforethat date.

94. (1) Upon a governor or employee of an educationalinstitution retiring or ceasing to act as such, the chairmanof the board of governors of the educational institutionor a person authorised by him in that behalf shall, withintwenty-one days of the retirement or cessation, reportsuch fact to the Registrar General in writing.

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

95. When a person has been struck off the register undersection 93 or 94 the Registrar General shall forthwithinform him by notice in writing that he has been sostruck off and of the grounds thereof.

96. A person struck off the register under section 93 or94 rnay, within twenty-one days of the notice being servedupon him in accordance with section 95, appeal to theMinister .

97. (1) A person who has been struck off the registershall, within twenty-one days of the service of the noticeunder section 95, surrender to the Registrar General thecertificate of registration issued to him under this Actor any previous written law relating to thc registrationof a governor or an employee, as the case may be, ofan educat ional institution.

(2) If an appeal is made under section 96, the certificatereferred to in subsection (1) need not be surrendered un t i lt h e de te rmina t ion of the appeal in favour of the RegistrarGeneral .

51

Registrationof pupils.

Inspectionsto be madefrom time totime.

Powers ofRegistrarGeneral oninspection ofregisterededucationalinstitutions.

Education

Chapter 4 - Registration of Pupils

98. The governors, head teachers or other personsresponsible for the management of an educationalinstitution shall keep or cause to be kept, in such manneras may be prescribed, a register containing the prescribedparticulars with respect to all pupils at the educationalinstitution,

Chapter 5 - Inspection of Educational Institutionsby the Registrar General

99. The Registrar General shall, from time to time, inspector cause to be inspected an educational institutionregistered under this Act for the purpose of ascertainingthat this Act and the regulations made under this Acthave been and are being complied with.

100. (1) In carrying out an inspection pursuant to section99, the Registrar General m a y -

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

(b) remove and detain any book, document,electronic media material or other article whichappears to him to be detrimental to the interestsof the public or the pupils or which, in hisopinion, may furnish evidence of the commissionof an offence under this Act.

(2) The Registrar General at any time whilst lawfullycarrying out any inspection of an educational institutionunder this Act may require any person, being a governor,an employee, a teacher or a pupil of the educationalinstitution, to produce for his inspection any book,document, electronic media material or other articlerelating to the management of, or to the teaching carriedon in, the educational institution which is in the person'spossession or under his control or within his power tofurnish.

52

Inspectionof premisesofunregisterededucationalinstitutions.

Power tocloseunregisterededucationalinstitution.


101. Where the Registrar General or a public officerauthorised by the Registrar General in that behalf inwriting or a police officer not below the rank of Inspectorhas reasonable cause to believe that any house, buildingor other place is being used as an educational institutionwithout being registered under this Act, the RegistrarGeneral or the public officer or the police officer,accompanied by such persons as he may deem necessary,m a y -

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

(b) seize and detain any book, document, electronicmedia material or other article found thereinwhich appears to him to furnish evidence ofthe commission of an offence against this Actor which appear to be the.property of, or tohave been used in connection wi th , aneducational institution not registered under thisAct.

102. (1) Where the Registrar General or a public officerauthorised by the Registrar General in that behalf inwriting or a police officer not below the rank of Inspectorhas reasonable cause to believe that any house, buildingor other place is being used as an educational institutionwithout being registered under this Act or is being usedin contravention of any of the conditions imposed bythe Minister under subsection 47(2) or 77(3), the RegistrarGeneral or the public officer or the police officer,accompanied by such persons as he may deem necessarymay, without prejudice to the exercise of the powersconferred on him under sections 99, 100 and 101,forthwith take such steps as he may deem necessary orby any means close the educational institution.

(2) Any action taken under subsection (1) in respectof any house, building or other place shall not prohibitthe Registrar General from prosecuting any person usingsuch house, building or place as an educational institutionwithout being registered under this Act.

53

Prohibitionto teach.

Register ofteachers.

Applicationfor registra-tion as ateacher.

Power ofRegistrarGeneral lorefuse toregister aperson as ateacher.

Education

PART IXREGISTRATION OF TEACHERS

Chapter 1-Registration of Teachers

103. (1) Subject to subsection (2), no person shall teachin an educational institution unless he is registered asa teacher under this Act.

(2) Subsection (1) shall not a p p l y -(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 beenissued under section 114; and

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

104. The Registrar General shall keep and maintain orcause to be kept and maintained in such form as maybe prescribed a register of teachers in which shall beentered such particulars as may be prescribed.

105. An application for registration as a teacher shallbe made to the Registrar General in such form andmanner as may be prescribed.

106. The Registrar General may refuse to register a personas a teacher under this Act if he is satisfied that thep e r s o n -

(a) is under the age of eighteen years;(b) has no qualifications to teach or has qualifications

which in the opinion of the Registrar Generalare inadequate for the purpose;

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

54

Notice ofrefusal toregister aperson as ateacher.

Appealagainstrefusal loregister aperson as ateacher.

Registrationof teachers.

Revocationofregistrationafter n o t i c e .


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

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

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

107. When the Registrar General refuses to register aperson under section 106 he shall by notice in writinginform the person of the refusal, specifying the groundsof the refusal.

108. A person aggrieved by the refusal of the RegistrarGeneral to register him as a teacher rnay, within twenty-one days of the notice being served upon him in accordancewith section 107, appeal to the Minister.

109. (1) Subject to sections 106 and 108, the RegistrarGeneral shall, upon application for registration underthis Chapter duly made and after such inquiry as he maydeem necessary, and upon payment of such fee as maybe prescribed, register the applicant and issue to him acertificate of registration as a teacher in the prescribedmanner.

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

110. (1) If the Registrar General is s a t i s f i e d -

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

(b) that a registered teacher has committed a breachof or has failed to comply with any conditionimposed under subsection 109(2);

55

Appeals.

Striking offfhe register.

Education

(c) that the registration ,of a teacher was obtainedby reason of mistake or of any false or misleadingstatement in connection with an application forregistration; or

(d). that there are reasonable grounds to believe thatthe continued registration of the person as ateacher will be prejudicial to the interests of aneducational institution or the pupils,

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

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

(3) If no appeal is made within the period specifiedin subsection (2) or if an appeal having been made isrejected, the Registrar General shall forthwith revokethe registration and serve on the teacher a notice informinghim that the registration has been revoked.

(4) No revocation of registration shall be made underthis section on any of the grounds set out in paragraphs106(d) and (e) by reason of any fact or matter occuringbefore the date of registration of a teacher and disclosedto the Registrar General before that date.

111. (1) Where upon an appeal under this Chapter itis ordered by the Minister that a teacher shall be registered,or shall continue to be registered, subject to specifiedconditions, the Registrar General shall impose thoseconditions.

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

112. Where the registration of a teacher has been revokedunder section 110 and a notice has been served undersubsection 110(3), the Registrar General shall forthwithstrike the teacher off the register, and the teacher shall,

56

Transitionalprivisionsas toregistrationof teachers.Act 43/61.

Issue ofpermits toteach.

Surrender ofcertificatesof registra-tion as ateacher.


within twenty-one days of the notice being served uponhim, surrender to the Registrar General his certificate ofregistration.

113. A person who on the appointed date was registeredor deemed to be registered as a teacher under the EducationAct 1961 shall be deemed to have been so registeredunder this Act and shall be subject to this Act.

Chapter 2-Permits to Teach

114. (1) The Registrar General may issue a permit toteach to the following persons, not being registeredteachers:

(a) a student teacher, other than those specified inparagraph 103(2)(c), undergoing training as ateacher in accordance with a scheme approvedby the Minister;

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

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

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

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

Chapter 3 - Miscellaneous

115. A certificate of registration as a teacher issued underthis Act or any former written law relating to registrationof teachers or any document evidencing registration orexemption from registration as a teacher or that a teacheris deemed to be registered under such law, or a permitto teach issued under section 114 s h a l l -

(a) on the revocation of the certificate, documentor permit;

57

Duty ofleacher tonotifychange ofeducationalinsti tution.

Duties ofChiefInspector.

Education

(b) on the person to whom the certificate, documentor permit was issued ceasing to teach in aneducational institution in Malaysia for acontinuous period exceeding two years, or onthe death of the person;

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

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

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

116. Every registered teacher shall within fourteen daysof commencing or ceasing to teach in an educationalinstitution report in writing to the Registrar General thename of the educational institution in which he is teachingor has ceased to teach and the date on which he commencedteaching or ceased to teach in the educationalinstitution.

PART X

THE INSPECTORATE OF SCHOOLS

Chapter 1 - The Inspectorate

117. The Chief Inspector s h a l -

(a) be responsible, in collaboration with suchauthorities as the Minister may appoint, forensuring that an adequate standard of teachingis developed and maintained in educationalinstitutions;

(b) inspect educational i n s t i t u t i o n s or causeeciucational institutions to be inspected by anInspector of Schools at such intervals as heshall deem appropriate;

58

Advisorypowers ofInspectors ofSchools.

Restrictionon orders ofInspectorsof Schools.

Reports byInspectorsof Schools.

Generalpowers ofInspectorsof Schools.


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

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

118. The Chief Inspector or an Inspector of Schoolsmay give advice to the governors or any other personresponsible for the management of an educationalinstitution and to teachers on matters relating to teachingand teaching methods.

119. The Chief Inspector or an Inspector of Schoolsshall not, except to such extent as he may be authorisedby any regulations made under this Act, issue any orderor direction to the governors or any other personresponsible for the management of an educationalinstitution.

120. (1) The Chief Inspector shall submit to the Ministera report on every educational institution inspected pursuantto section 117, and where the report is made by anInspector of Schools, he shall endorse thereon suchcomments as he shall deem appropriate.

(2) A report on an educational institution submittedunder subsection (1) shall be a confidential documentbut may, in the discretion of the Minister, be madeavailable to thosc responsible for the administration ofthe educational ins t i tu t ion and any teacher therein andthe report so made available shall be made available inits entirety.

Chapter 2-General

121. For the purpose of making any inspection of aneducational ins t i tu t ion under section 117 the ChiefInspector or an Inspector of Schools (in this section referredto as an "Inspector") m a y -

(a) at any t ime enter an educational institution; and

59

ChiefInspectormayauthoriseEducationOfficers 10act on hisbehalf.

Savingrelating toMinister.

Education

(b) require the chairman of the board of gtwernorsor a governor or any other person responsiblefor the management of the educational institutionor a teacher or employee or person found inthe educational ins t i tu t ion-

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

(ii) to furnish the Inspector with suchinformation relating to the teaching in,or the organization of, the educationalinstitution as the Inspector may demand,and which it is within the power of thechairman, governor or such other personresponsible for the management of theeducational institution, teacher, employeeor person to furnish.

122. The Chief Inspector may authorise in writing anEducation Officer appointed under section 4 to act onhis behalf in exercising his powers or carrying out hisduties under this Act.

PART XI

FINANCE

123. Except in so far as monies are approved or providedfor that purpose by Parliament or otherwise, nothing inthis Act shall be deemed to impose any duty upon theMinister to establish and maintain an educational institutionunder this Act or to maintain wholly or partially aneducational institution.

60

Grant-in-aidand capitalgrant to besubject loconditions,etc asmay beprescribed.

Power ofMinister tosuspend orcancelpayment ofany grant.

Minister indecide onappeals afterinvesti-gation.

Powers ofCommittecof Enquiry.


124. Any grant-in-aid or capital grant payable underthis Act to an educational insti tution other than agovernment educational institution from funds providedby Parliament for that purpose shall be paid subject tosuch conditions and limitations as may be prescribed.

125. The Minister may suspend or cancel or cause tobe suspended or cancelled the payment of any grant toan educational institution if the governors or any otherperson responsible for the management of the educationalinstitution has failed to comply with any of the provisionsof this Act or any regulations made under this Act.

PART XII

APPEALS

126. ( 1 ) On an appeal being made to the Minister froma decision of the Registrar General, the Minister, unlesshe allows the appeal forthwith, shall constitute a Committeeof Enquiry consisting of such persons as he shall considersu i t ab l e to investigate the facts and report to himthereon.

(2) After considering the report submi t t ed undersubseet ion (1), the Minister shall decide the matter oft h e appeal and make such order thereon as he deems fitand proper.

(3) The decision of the Minister on an appeal shallbe f inal .

127. Subject to section 129 and any regulations madeunder this Act, a Committee of Enquiry shall have p o w e r -

(a) to procure and receive all such evidence, writtenor oral, and to examine all such persons( i nc lud ing the appellant) as the Committee ofEnquiry may consider desirable;

61

Noappearanceby advocateand solicitorbefore theCommitteeof Enqu i ry .

Evidencebefore theCommittee ofEnquiry.

Education

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

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

(d) to admit any evidence, wri t ten or oral ,notwithstanding that it would be inadmissiblein civil or criminal proceedings; and

(e) to exclude the public from any investigation orany part thereof and, if the Committee of Enquiryconsiders it in the public interest so to do, receiveevidence in the absence of the appellant; butwhere evidence is received in the absence ofthe appellant the Committee of Enquiry shallcommunicate to the appellant the substance ofthe evidence so far as it may be compatiblewith public interest so to do and shall in everysuch case include in the report to the Ministera statement of the circumstances in which theevidence was received.

128. Notwithstanding anything to the contrary in anywri t ten law, no advocate or solicitor shall be allowed toappear in any proceedings before the Committee ofEnquiry.

129. ( 1 ) No person required to give evidence beforc aCommittee of Enquiry shall be obliged to disclose thename or address of any person who has given informationin confidence to a public officer in relation to any factswhich are the subject of investigation nor shall the personbe obliged to state any matter which in his opinion mightlead to the discovery of the person who has given theinformation.

(2) No person required under section 127 to g iveevidence shall be obliged to give any evidence whichwould have the tendency to incr iminate him.

62

Power ofMinister tomakeregulations.


PART XIII

REGULATIONS

130. (1) Without prejudice to his power to makeregulations under any other provision of this Act, theMinister may make regulations for the purpose of canyinginto effect the provisions of this Act.

(2) Without prejudice to the generality of the powerconferred in subsection (1), the Minister may makeregulations for or in respect of all or any of the followingmatters:

(a) the admission of pupils to educationalinstitutions, the keeping of registers of pupilsin the educational institutions, the age limitsand conditions under which pupils may beretained in an educational institution or in anyclass in the educational institution;

(b) the duration of terms of educational institutions,the days on which and the hours during whichpupils shall attend the educational institutionsand the days which shall be observed as holidaysby alt educational institutions or any specifiededucational institution or class of educationalinstitutions;

(c) the establishment and management of educationalinstitutions, and the duties of governors or otherpersons responsible for the management of theeducational institutions;

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

(e) the procedure to be followed and fees deemedproper to be levied in respect of an applicationfor registration under this Act or in respect ofany certificate, permit or any other documentissued under this Act;

63Education

(f) the procedure to be followed for the alterationor amendment of certificates of registration orpermits issued under this Act and the replacementof the certificates or permits which are lost ordefaced;

(g) discipline in educational institutions and anyactivity of pupils, whether in an educationalinstitution or not, which in the opinion of theMinister may have an effect on the disciplineof an educational institution;

(h) the National Curriculum including subjects andmatters, not being studies relating to the religionof Malaysia, on which instruction may or shallbe given in educational institutions and the timesto be devoted to the study of each subject taughtin educational institutions;

(i) the establishment, organization, management,control and dissolution of associations of pupilsor pupils and teachers, or teachers and parentswhether within an educational institution or not,and regulations made under this paragraph mayprovide for the association of teachers andparents to include any person other than theteacher or parents of the pupils of the educationalinstitution concerned;

(j) the books, materials and apparatus to be usedin educational institutions, and the methods ofpurchase of the books, materials and apparatus;

(k) the prohibition of the use in an educationalinstitution or any specified class of educationalinstitutions of any book or material, the use ofwhich appears undesirable;

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


(m) the keeping of books of account and the auditof accounts in educational institutions in receiptof grants;

(n) the standards, including standards of health andsafety, and uses to which the premises ofeducational institutions shall conform, andprescribing different standards and uses for suchdescriptions of educational institutions as maybe specified in the regulations;

(o) the registration of pupi l s in educat ionalinstitutions, the inspection of the registers ofsuch pupils, the taking of extracts from theregisters for the purposes of this Act by personsduly authorised in that behalf under theregulations, and the provision to such authorityas may be prescribed by regulations, of returnsas to the contents of the registers as may beexpedient, by the persons who are required tokeep such registers under the regulations;

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

(q) the procedure to be followed for endorsement,al terat ion or amendment of certificates ofregistration as a teacher issued under section109 and the replacement of lost or defacedcertificates or permits to teach;

(r) the procedure to be followed and theconsequences which shal l ensue on therevocation of a certificate of registration as ateacher issued under section 109 or of a permitto teach;

(s) any fees deemed proper to be Ievied onapplication for registration as a teacher under,or on the issue of a certificate or of a permitto teach or otherwise in regard to any mattermentioned in, Part IX;

Education 65

(t) the practice and procedure to be followed inconnection with an investigation made by aCommittee of Enquiry constituted undersubsection 126(1);

(u) the manner in which appeals shall be made tothe Minister from decisions of the RegistrarGeneral and the fees to be paid in respect ofan 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;

(\v) the provision of extension education ineducational insti tutions established andmaintained by the Minister under this Act;

(x) the circulation by a pupil or pupils, whetherwithin an educational institution or not, of anymagazine, pamphlet or printed or written matterof a like nature;

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

(z) the conditions and limitations upon or subjectto which grants-in-aid or capital grants shallbe paid to government-aided educationalinstitutions;

(aa) the determination of approved fees to be chargedin respect of attendance at educational institutionsgenerally, or any class of government-aidededucational institutions and the payment orremission of the fees;

(ab) the manner of transferring or vesting of anyproperty transferred or vested under this Actand the manner of registering a title to theproperty;

66

Regulationsmayprescribepenalties forcontra-ventionthereof.

Offences andpenaltiesrelating toregistrationofeducationalinstitutions.


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

(ad) the forms which may be used for carrying outthe provisions of this Act and which may beused in connection with any matter stated orrequired in this Act to be prescribed by theMinister; and

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

131. Regulations made under this Act may provide thatthe contravention of any provision in the regulationsshall be an offence and that the offence is punishableon conviction with a fine or a term of imprisonment orboth but may not provide for the fine to exceed tenthousand ringgit or the term of imprisonment to exceedsix months.

PART XIV

OFFENCES AND PENALTIES

132. (1) A person who, being a chairman of a boardof governors or governor or any other person responsiblefor the management of an educational institution, makesa false or misleading statement in promoting theeducational institution shall be guilty of an offence andshall, on conviction, be liable to a fine not exceedingfifty thousand ringgit or to imprisonment for a term notexceeding five years or to both.

(2) A person w h o -(a) on making an application under this Act for

the registration of an educational institution orfor registration as a governor or employee, orotherwise for the purpose of inducing theRegistrar General to exercise or refrain fromexercising his powers under this Act, makesany statement which he knows to be false ordoes not believe to be true or intentionally

67Education

suppresses any material fact, or furnishes anyinformation which is misleading;

(b) obstructs or impedes the Registrar General, apublic officer or a police officer in the exerciseof the powers conferred upon the officer undersection 100, 101 or 102;

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

(d) being the chairman of a board of governors ofan educational institution contravenes subsection94(1);

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

(f) being a governor or person responsible for themanagement of an educational institution causesor permits any person to act as governor or aperson responsible for the management, or asan employee, of the educational institutionwithout being registered under this Act;

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

(h) being the chairman of a board of governors ora governor or a person responsible for themanagement of an educational institution hasfailed to prevent the educational institution frombeing used for any activity or purpose of anunlawful nature, or for any activity or purposeof an unlawful organization, society or otherbody of persons,

shall be guilty of an offence and shall, on conviction,be liable to a fine not exceeding thirty thousand ringgitor to imprisonment for a term not exceeding two yearsor to both.

68

Offencesand penaltiesrelating toregistrationof teachers.


(3) A person w h o -(a) being the chairman of a board of governors or

being the person responsible for the managementof an educational institution fails to cause acopy of the certificate of registration of theeducational institution to be exhibited inaccordance with subsection 82(2);

(b) fails to surrender to the Registrar General anycertificate of registration or instrument ofgovernment under subsection 87(5) or 97(1);

(c) being the chairman of the board of governorsof an educational inst i tut ion contravenessubsection 94(1); or

(d) being the owner or occupier of any premisesand having reasonable cause to believe that thepremises or part therieof is being used as aneducational institution which is required to beregistered under this Act but is not so registered,fails to take all reasonable steps to prevent suchuse,

shall be guilty of an offence and shall, on conviction,be l iable to a fine not exceeding five thousandringgit.

133. (1) A person who, in making an application forregistration as a teacher or otherwise for the purpose ofinducing the Registrar General to exercise or refrain fromexercising his power under this Act, makes any statementwhich he knows to be false or does not believe to betrue or intentionally suppresses any material fact orfurnishes any information which is misleading, shall beguilty of an offence and shall, on conviction, be liableto a fine not exceeding ten thousand ringgit or toimprisonment for a term not exceeding one year or toboth.

(2) A person w h o -(a) acts as a teacher in an educational institution

in contravention of subsection 103(1);

69

Offencesand penaltiesrelating toInspectors.

Education

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

(c) acts as a teacher in an unregistered educationalinstitution;

(d) being a registered teacher teaches in aneducational institution in contravention of anycondition imposed under subsection 109(2) orbeing the holder of a permit to teach issuedunder section 114 teaches in an educationalinstitution in contravention of any conditionimposed by the permit;

(e) causes, permits or employs a registered teacherto teach in an educational ins t i tu t ion incontravention of any condition relating to theteacher imposed under section 109 or causes,permits or employs the holder of a permit toteach issued under section 114 to teach otherwisethan in accordance with the conditions imposedby the permit;

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

(g) being a registered teacher fails to make a reportto the Registrar General in accordance withsection 116,

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

134. A person w h o -(a) obstructs or impedes the Chief Inspector or an

Inspector of Schools in the exercise of anypowers conferred on him by section 121;

(b) refuses to produce any time-table syllabus,record, book, material, document or articie, orto furnish information, in contravention ofsubparagraph 121(b)( i i ); or

70

Generalpenalty.

Power toinvestigate.

F.M.S.Cap. 6.


(c) furnishes any information which is false in anymaterial particular or which he knows to befalse 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 ringgitor to imprisonment not exceeding two years or toboth.

135. (1) A person who is guilty of an offence underthis Act for which no penalty is expressly provided shall,on conviction, be liable to a fine not exceeding fivethousand ringgit or to imprisonment for a term notexceeding six months or to both.

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

136. (1) The Registrar General or a public officerauthorised by the Registrar General in that behalf inwriting or a police officer not below the rank of Inspectorshall have the power to investigate the commission ofan offence under this Act or any regulations made underthis Act.

(2) The Registrar General or a public officer authorisedby the Registrar General in that behalf in writing or apolice officer not below the rank of Inspector may, inrelation to any investigation in respect of an offenceunder this Act or any regulations made under this Act,exercise the special powers in relation to policeinvestigation except that the power to arrest withoutwarrant given by the Criminal Procedure Code in anyseizable offence shall not be exercised by the RegistrarGeneral or the public officer authorised by the RegistrarGeneral in that behalf in writing.

71

Power toenter withoutwarrant.

Institutionand conductofprosecution.

Power tocompoundoffences.

Education

137. Without prejudice to section 136, if the RegistrarGeneral or a public officer authorised by the RegistrarGeneral in that behalf in writing or a police officer notbelow the rank of Inspector has reasonable grounds forbelieving that the object of any search to be conductedon any premises for the purposes of this Act is likelyto be frustrated by reason of any delay in obtaining asearch warrant under the Criminal Procedure Code, hemay, without the warrant, enter the premises for suchpurposes by the use of only such force as may be necessaryto effect entry.

138. The Registrar General or a public officer authorisedby the Registrar General in that behalf in writing or apolice officer not below the rank of an Inspector may,with the written consent of the Public Prosecutor, instituteand conduct prosecution in respect of an offence underthis Act or any regulations made under this Act.

139. (1) The Registrar General may, in a case wherehe deems it fit and proper so to do, and with the writtenconsent of the Public Prosecutor, compound any offencecommitted by a person which is punishable under thisAct, except an offence under section 72 and subsection132(1), or any regulations made under this Act by makinga written offer to the person to compound the offenceon payment to the Registrar General, within such timeas may be specified in the offer, of such sum of money,as may be so specified, which shall not exceed fifty percentum of the amount of the maximum fine to which theperson would have been liable if he had been convictedof the offence.

(2) An offer under subsection (1) may be made atany time after the offence has been committed, but beforeany prosecution for it has been inst i tuted, and where theamount specified in the offer is not paid wi thin the timespecified in the offer, or within such extended period asthe Registrar General may grant, prosecution for theoffence may be instituted at any t ime thereafter againstthe person to whom the offer was made.

Officersdeemed tobe publicservants.F.M.S.Cap. 45

72

Require-ments as topremises.


(3) Where an offence has been compounded undersubsection ( 1 ) -

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

(b) any goods, thing or other article seized inconnection with the offence shall be releasedimmediately.

(4) Any monies paid to the Registrar General pursuantto subsection (1) shall be paid into and form part of theFederal Consolidated Fund.

PART XV

MISCELLANEOUS

140. Every person appointed, or lawfully exercising thepowers of a person appointed, under Part II, shall bedeemed to be a public servant for the purpose of thePenal Code.

141. (1) A governor or person responsible for themanagement of an educational institution shall ensurethat the premises of the educational institution conformto such standards as may be prescribed for educationalinstitutions of the description to which the educationalinstitution belongs.

(2) If the Minister is satisfied with respect to aneducational institution that having regard to the natureof the site or to any existing buildings thereof or toother special circumstances affecting the premises it wouldbe unreasonable in that case to require conformity withthe prescribed standards referred to in subsection (1) inany particular respect, he may direct that the premisesshall be deemed to conform,to the prescribed standardsif in lieu of conforming to the prescribed standards thepremises conform to such other requirements as may bespecified in the direction.

73

Enrolmentof pupils ingovernmentorgovernment-aidededucationalinstitutions.

Power toexempteducationalinstitutions.

SpecialCommittee.

Service ofnotices, etc.

Education

142. Except with the permission of the Registrar, a pupilwho 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.

143. The Minister may, if he considers it desirable andin the interests of an educational institution or in theinterests of the pupils or the public, by order publishedin the Gazette, exempt the^ducational institution or anyclass or classes of educational institutions from all orany of the provisions of this Act, except the provisionsas to registration, either absolutely or subject to suchconditions as he may think fit to impose, and may at anytime in his discretion revoke the exemption or cancel oralter or add to such conditions.

144. Notwithstanding any other provision in this Act,the Minister may constitute a special committee consistingof such persons as the Minister may appoint in respecto f -

(a) any particular educational institution or classof 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 allor any of the powers conferred on a Committee of Enquiryby section 127.

145. (1) Any notice, order or communication, whichis required to be, or which may be, sent to or servedo n -

(a) a chairman of a board of governors, governoror other person responsible for the management,or an employee, of an educational institutionregistered under this Act, may be served byletter addressed to the chairman, governor, personor employee at the registered address of theeducational institution or may be served byaffixing the notice, order or communication on

74

Change oftitle ofcertaineducationalinstitutions.


a conspicuous part of the premises of theeducational institution as the Registrar Generalmay deem fit;

(b) a person applying for the registration of aneducational institution or for registration as ateacher, a governor or an employee may beserved by letter addressed to the person at theaddress stated in his application form;

(c) a registered teacher may be served by letteraddressed to the educational institution or addresslast reported to the Registrar General undersection 116;

(d) the holder of a permit to teach issued undersection 114 may be served by letter addressedto the educational institution in respect of whichthe permit was issued; and

(e) any person other than persons specified inparagraphs (a) to (d) may be served by letteraddressed to the person at his last known placeof residence.

(2) Notwithstanding paragraph ( l ) ( a ) , if thechairman of the board of governors of an educationalinstitution has not been appointed, a notice, order orcommunication for service on the chairman may beaddressed to or served upon the person who, in the opinionof the Registrar General, is in charge of the educationalinstitution.

PART XVI

TRANSITIONAL AND REPEAL

146. On the appointed date all educational institutionswhich, immediately before the date w e r e -

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

(b) national-type primary schools shall be knownas national-type schools.

75

Secondaryvocationalschools to bepart ofnationalsecondaryschools uncilannulled.

Assistanceto existingeducationalinstitutions.

Saving inrespect ofcontributiontowardsreligiousleaching.Act 43/61.

Saving inrespect ofcertainexemptededucationalinst i tut ions,etc.Act 43/61.

Saving inrespect ofregisterededucationalinstitution,governor,manager oremployee.Act 43/61.

Education

147. Secondary vocational schools established beforethe appointed date shall continue to be part of the nationalsecondary schools under paragraph 30(1 )(b) until suchschools are annulled by the Minister by order publishedin the Gazette,

148. Subject to the provisions of this Act, the Ministershall continue to assist all educational institutions whichwere in receipt of grant-in-aid or other similar financialassistance from the Government or from public funds onthe day immediately preceding the appointed date.

149. Notwithstanding anything to the contrary, the FederalGovernment may continue to make payments in respectof the cost referred to in section 37 of the Education Act1961 in relation to religious instruction given under section36 of the Act as if the sections had not been repealedby this Act.

150. Until such date as the Minister may, by notificationin the Gazette, a p p o i n t -

(a) all educational institutions exempted from theprovisions of the Education Act 1961 by section127 of the Act shall be exempted from thecorresponding provisions of this Act; and

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

151. Any educational institution, governor, manager oremployee registered or deemed to be registered underthe provisions of the Education Act 1961 shall, on theappointed date, be deemed to have been registered underthis Act a n d -

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

76

Winding upof CentralBoard.

Act 43/61.

Maintenanceofcontributoryfund.Act 43/61.


(b) the conditions imposed on the educationalinstitution, governor, manager or employee priorto the coming into force of this Act shall continueto remain in force as if the conditions wereimposed under this Act.

152. (1) The Minister may, on a date to be determinedby him, by notice published in the Gazette, order thewinding up of the Central Board established under section92 of the Education Act 1961.

(2) Upon its winding u p -(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 whichhitherto were vested in or might be had by theBoard immediately prior to the date of thewinding up of the Board shall devolve on theGovernment; and

(d) the Minister may give such directions as hedeems proper in respect of any staff or employeeof the Board.

153. (1) Any contributory fund (including the Teacher'sProvident Fund) established under the Education Act 1961or any regulations made under the Act shall continue tobe maintained and managed in accordance with any writtenlaw relating to the fund until the Yang di-Pertuan Agongmakes an order for its winding up or otherwise.

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

(3) The Minister may by regulations amcnd any ruleor regulation relating to the fund made prior to theappointed date to provide for the better administrationof the fund or to remove any difficulty relating to thefund.

77

Referencesto govemoror board ofgovernors toincludemanager andboard ofmanagers.Act 43/61.

Repeal.Act 43/61.Act 32163.P.U.(A)425/75.P.U.(A)176/76.

Power ofMinister ofFinance.Act 61

Core subjects inthe NationalC u r r i c u l u m

Education

154. References in this Act to a governor shall includereferences to a manager registered under the EducationAct 1961 and references to the board of governors shallinclude references to the board of managers under theAct.

155. (1) The Education Act 1961, the Education(Amendment) Act 1963, the Education Act (Extensionto Sarawak) Order 1975-and the Education Act (Extensionto Sabah) Order 1976 are repealed.

(2) All appointments, regulations, rules, by-laws,exemptions, directions and orders made, all registers keptand all certificates granted or having effect under thelaws or orders repealed by this section and in force orhaving effect at the commencement of this Act, shall(without prejudice to the power of the Minister to amendthe regulations, rules and by-laws, by any regulations orto amend, revoke or withdraw the exernptions, directionsor certificates by order or direction made under theappropriate provisions of this Act and subject to suchmodifications as may be necessary to bring the regulations,rules, by-laws, exemptions, directions, or orders inconformity with this Act) continue to be in force andhave effect as if they had been made, kept, or grantedunder this Act, until otherwise provided for under thisAct.

156. Nothing in this Act shall be deemed to affect theexercise by the Minister of Pinance of the powers conferredupon him by section 6 of the Pinancial Procedure Act1957 in respect of the management of the ConsolidatedFund and the supervision, control and direction of mattersrelating to the financial affairs of Malaysia.

SCHEDULE[Subsection 18(2)]

CORE SUBJECTS IN THE NATIONAL CURRICULUM

1. The core subjects in the National Curriculum shall form thefundamental basis of the education of a pupil in all schools withinthe National Education System.

78

Core subjectsat the primarylevel.

Core subjectsal thesecondarylevel.


2. The core subjects at the primary school level shall b e -

(a) the National Language;(b) the English Language;(c) the Chinese Language, for pupils in national-type schools

(Chinese);

(d) the Tamil Language, for pupils in national-type schools(Tamil);

(e) Mathematics;

(f) Science;

(g) Local Studies;

(h) Islamic Education, for pupils professing the religion ofIslam; and

(i) Moral Education, for pupils not professing the religionof Islam.

3. The core subjects at the secondary school level shall b e -

(a) the National Language;

(b) the English Language;(c) Mathematics;

(d) Science;

(e) History;

(f) Islamic Education, for pupils professing the religion ofIslam; and

(g) Moral Education, for pupils not professing the religionof Islam.

edu act 1996

Documents

education act

technical education

vocational education

education officers

duration of primary

state directors of education

national secondary schools

power of minister