Conduct and Discipline

Regulations

TOPIC 2: TEACHER AND LEGISLATION- Rules for Civil Servants (Behaviour and Discipline 1993) (Refined in 2002)- Education Act 1996

By:

1.Dionata Debbie

2.Nadhirah

3.Aina

4.Varshini18/04/23

INTRODUCTION Conduct and Discipline Regulations are a form of

control for all public officers to ensure the effectiveness of an organization.

As a whole, this rule contain the following orders:

i. Regulations on the code of conducts and specific offences

ii.Responsibilities, control task and conduct supervision

iii.Procedure and conduct of disciplinary action

iv.Punishment for disciplinary misconduct

v.Allocation for various other related matters

In the current era of globalization, the teaching profession is becoming more important and complex.

Teacher (public servants) are required to display proper conduct in accordance with the regulations contained in the Public Offices (Conduct and Discipline) Regulations 1993 (Amendment 2002).

PUBLIC OFFICERS (CONDUCT AND DISCIPLINE) REGULATIONS 1993 (AMENDMENT 2002) Enforced on 20 June 2002.

Purposes:

- Help public servants guard their behaviour and actions.

- Help public officers perform their duties with full responsibility and display high competency.

- Uphold the image of public service.

- Ensure that the public interest is given priority over personal interests.

- Impose action against the public servant who commits an offence or violates the rules.

- Teacher’s action must reflect teacher’s professionalism.

THE NEW SECTION IA and IBSECTION 1A

OBLIGATION TO COMPLY WITH THE REGULATIONS

3A (1) An officer must obey the provisions in the regulations.

(2) A violation of any provision of these regulations by an officer can hold him liable for disciplinary action in accordance with these regulations.

3B (1) An officer who fails to give the undertaking as dictate in the General Orders 23A, General Orders Chapter A (Appointments and Promotions) 1973. when required to do so by the Disciplinary Authority in question or his head of Department, commits a breach of discipline and may be liable for disciplinary action in accordance with these regulations.

(2) Aligned with sub regulation 3A (2) an officer who, having given the undertaking referred to in sub rule (1), fails to comply with the terms of the undertaking commits a breach of discipline and may be subjected to disciplinary action in accordance with these regulations.

SECTION 1BDISCIPLINARY CONTROL AND SUPERVISION

3C (1) It is the duty of every officer to exercise disciplinary control and supervision over subordinates and to take appropriate action for any breach of any provision of these regulations.

(2) An officer who fails to supervise his offices or to take action against the violating officer who breaches any provision of these regulations shall be charged negligent in his duty and shall be liable for disciplinary action.

3D It is duty of the disciplinary authority to inform the Director-General of the Public Service immediately after a disciplinary action is issued against and officer and also the results of the action once it is finished.

SECTION 2CONDUCT

4 (1) An officer shall at all times and on all occasions give his undivided loyalty and devotion to the Yang di-Pertuan Agong, the country and the Government.

(2) An officer shall not – (a)Subordinate his public to his private interests;(b)Conduct himself in such a manner as is likely to bring his private interest into conflict with his public duty;(c)Conduct himself in such a manner likely to cause a reasonable suspicion that (i) he has allowed his private interests to come into conflict with his public duty so as to impair his usefulness as a public officer; or (ii) he has used his public position for his personal advantage;(d) Conduct himself in such a manner as to bring the public service into disrepute or bring discredit to the public service;

(e) Lack efficiency or hard work;(f) Be dishonest or untrustworthy;(g) Be irresponsible;(h) Bring or attempt to bring any form of outside influence or pressure to support or advance any claim related to or against the public service, whether the claim is his own or that of any other officer;(i)Be insubordinate or conduct himself in any manner which can be reasonably construed as being insubordinate; and(j) Be negligent in performing his duties.

REGULATIONS OF CONDUCT AND DISCIPLINE

(a)Forbidden unconditionally

(b)Can be enforced with the permission from those with authority

(a) Public officers are absolutely forbidden to do the following:

4A : Sexual harassment

7 : Drug abuse

9 : Accepting and giving gifts

11 : A standard of living which surpasses the emoluments and other

valid personal income

12 : Borrow money/ become a guarantor

13 : Serious pecuniary indebtness

15 : Lend money with interest

16 : Involved in Futures Market

Cont..

17 : Participate in raffle (lucky draw) and lottery

18 : Publication of books and so on

20 : Editor of the newspaper/magazine and journal

21 : Political activities

23 : Absent from duty without permission

REGULATION 4A: SEXUAL HARRASMENT

4A (1) An officer shall not perform sexual harassment against another person, that is to say, an officer shall not -

(a)

(b)

Make any sexual advance, or any request for sexual favours, to another person; or

Do any act of a sexual nature in relation to another person, in circumstances of which a reasonable person, having regard to all circumstances, would be offended, humiliated or intimidated.

Cont. REGULATION 4A: SEXUAL HARRASMENT

(2) A reference in sub-regulation (1) to the doing of an act of a sexual nature to another person –

(a)

(b)

Includes the making of a statement of a sexual nature to, or in the presence of, that other person, whether the statement is made orally or in writing or in any other manner;

Is not limited to the doing of such act at the workplace or during working hours only as long as the doing of such act brings the public service into disrepute or bring discredit to the public service.

REGULATION 7: DRUG ABUSE

7 (1) An officer cannot consume any dangerous drugs unless it has been prescribed for own use by a medical practitioner who is registered under the Medical Act 1971 or abuse or consume any dangerous drugs.

REGULATION 9: ACCEPT/GIVE GIFTS

9 An officer can receive gifts if:

(a)

(b)

It does not affect the duty of the public officer in any way in the interest of the person.

The act of giving or receiving the gift does not in any way align with regulation 4.

REGULATION 11: MAINTAIN A STANDARD OF LIVING WHICH SURPASSES THE EMOLUMENTS AND OTHER VALID PERSONAL INCOME

11 (1) If the Head of Department think that the officer……

(a)

(b)

Maintains a standard of living which surpasses the emoluments and other valid personal income, if available or,

Controls or possesses financial resources or property, whether movable or immovable property, whereby the value is not consistent with, or that could not be reasonably expected to have been obtained by the officer with his emolument and any other valid personal income. Head of Department shall, by written notice, require the officer to provide a written explanation within thirty days of receipt of the notice of how he is able to maintain such a standard of living or how he had obtain his financial resources or property.

REGULATION 12: BORROW MONEY/BECOME A GUARANTOR

12

(1)

No officer may borrow from any person or be a guarantor to any borrower, or by any other means which puts himself under an obligation to any person.

(a)(b)(c)

(d)

Directly or indirectly is subjected to official authority;With the office or any official business;Living or owning land or conduct business in the local area where he has official power; orRuns a money-lending business

Cont REGULATION 12: BORROW MONEY/BECOME A GUARANTOR

(3) An officer may assume the debts arising from

(a)

(b)

(c)(d)

(e)

The amount of money borrowed by mortgaging land, if the amount of money borrowed does not exceed the value of the land;An overdraft facility or other credit facilities granted by a financial institution;The amount of money borrowed insurers on collateral insurance policy;The amount of money borrowed from the Government or any cooperative; orThe amount of money payable on goods acquired under hire purchase agreements.

REGULATION 13: SERIOUS PECUNIARY INDEBTEDNESS

13 (1) An officer shall not in any way cause himself to be in debt. An officer shall be deemed to be in serious debt if;

(a)

(b)

(c)

The aggregate of the debt and the value of unmortgaged liabilities is at any given time more than ten times the emolument abstention;

He is a debtor by law and the debt is not paid within one month from the receipt of a sealed order by the court; or

He is declared bankrupt as long as any case against him is in favour of the Property Officer (Official Assignee) is yet to be explained or as long as there is no cancellation of his bankruptcy.

REGULATION 15: LEND MONEY WITH INTEREST

15 (1) An officer cannot lend money with interest, with or without collateral.

REGULATION 16: INVOLVE IN FUTURE MARKET

16 (1) No officer may involve himself as a buyer or seller or otherwise in the future market, local or overseas.

REGULATION 17: RAFLLE (LUCKY DRAW) AND LOTTERY

17 (1) An officer cannot provide, organise or participate in any sweepstakes/ ruffle (lucky draw) or lottery other than the purpose of welfare.

REGULATION 18: PUBLICATION OF BOOK AND OTHERS

18 (1) An officer shall not publish or write any book as well as any other work that is based on classified official information (private and confidential)

REGULATION 20 : EDITOR OF THE NEWSPAPER/ MAGAZINE/ JOURNAL

20 (1) An officer shall not act as editor for, or to participate directly or indirectly in the management, or in any way make any financial contribution or otherwise to any publication, including any newspaper, magazines or journals, regardless of the manner in which the newspaper. Magazines or journals are published, with the exception of the following publications:

(a)

(b)

(c)

d)

department publications

professional publications

publications by voluntary organisation that are non-politically based

publication approved in writing by the Head of Department for the purpose of this regulation.

REGULATION 21 : POLITICAL ACTIVITIES21 (1) Except as provided in sub regulation (3), an in the

Highest Management Group and the Management and Professional Group is prohibited from participating in political activity or wearing any symbol of a political party, and in particular he cannot

(a)

(b)

(c)

make any public statement, either orally or in writing to give a bias view on any matter which is becoming issue between political parties

publish or distribute books, papers or brochures presenting his biased view or the views of other, as to any matter relating to any political party.

involved in the appeal for the voting to support any candidate at a general election, by-election or any election for any office in any political party

REGULATION 21 : POLITICAL ACTIVITIES

(d)

(e)

acted as an election agent or polling agent or any of that nature for or on behalf of a candidate in a constituency of the House of Representatives or for any of the State Assembly

contesting for any position in any political party; or hold any position in any political party

REGULATION 23 : ABSENT FRO DUTY WITHOUT PERMISSION

21 (1) In this section “absent” is in respect for whatever period of time and at the place where the officer is required to be present for the execution of his duty.

(b) Prohibition which can be made with the consent of a particular party/ authority in advance:Regulati

on Exception The power to give

consent

5 Outside employment Head of Department

6 Dress etiquette Director of Public Service

8/9 Receiving gifts Head of Department

10 Ownership of property Disciplinary Board

19 Public statement Minister

21 Political activitiesi.Support groupii.Leave prior to retirement

Director of Public ServiceThe Secretary General of the Ministry

22 Lead trials/ legal aid The Secretary General of the Ministry

2.1.2 Regulation 4 of Chapter D General Orders and example of offences regulation 4 [1]

Loyalty to the Yang Dipertuan Agong, the country and the Government means the officials must defend the independence and dignity of the country, respect and obey the laws of the country.

Example of violations:

a)Being in collusion with enemies of the State

b)Reveal government secrets

c)Makes derogatory remarks on Government’s effort and policies

d)Becoming a member of Islamic Board

e)Joining Militant Union of Malaysia

Regulation 4 (2)

An officer cannot:

a)Jeopardise the public tasks in the interest of public affairs

b)Behave in a way that may cause personal interest in conflict with public duty

c)Behave in such a way that might cause reasonable suspicious

d)Behave in such a way that can aggravate the good name of public service

e)Be incompetent and show little effort

f) Be dishonest

g)Be irresponsible

Regulation 4 (2)

An officer cannot:

h) Be attempting to bring about any form of

influence to support claims against public

service whether giving himself or another officer

claims

i) Disobey orders given

j) Be careless in executing the duty

2.1.3 Disciplinary Action

A public servant should comply with the regulation set forth and the breach of any provisions will result in disciplinary actions applicable to the officer.

The punishment imposed will depend on the type of misconduct of the public officer.

The sentence is:

i)Warning

- oral or in writing

- Issued by the Head of Department

ii) A fine or forfeiture of emoluments

-Must not exceed the amount equivalent to seven days’ emoluments of the officer concerned.

iii) Deferment of salary movement of an officer

EDUCATION ACT 1996

INTRODUCTION

Known as Act 550 – provisions of law for educationReplace Education Act 1961

- aimed to upgrade the education system for future generation

- continuity for present education policy

- based upon

i) Razak Report (1956)

ii) Rahman Talib Report (1961)

iii) Hussein Onn Report (1971)

iv) Mahathir Report (1985)

Basis of National

Education Policy

National Education Policy is based upon National Philosophy of EducationNational Philosophy of Education

“Education in Malaysia is an ongoing effort towards further developing the potential of individuals in a holistic and integrated approach to create stable and harmonious intellectually, spiritually, emotionally and physically. Effort is designed to produce Malaysian citizens who are knowledgeable, honorable, responsible , competent and capable of achieving well-being and contribute to the betterment of family, community and country.”

Education Act 1996 consists of 156 divisions which are divided into 16 sections as shown below:

CHARACTERISTICS OF EDUCATION ACT 1996

Produce harmonious and balanced citizens

Produce work force and citizens that can compete globally

Vision and mission of education becomes clearer

Individuals who focus on intellectualism

To fast track the aspiration of the country to be a developed

nation

NATIONAL EDUCATION SYSTEM Section 15 & Section of Education Act 1996:

Section 15 – National Education System

- National Education System consist of

Section 16 – Categories of educational institutions

1) Pre-school2) Primary education

3) Secondary education4) Post-secondary education

5) Tertiary education

1) Government educational institutions

2) Government-aided educational institutions

3) Private educational institutions

SECTION 15 – a) Pre-School

Ages four to six years

Programmes and activities are based on the Pre-School

Curriculum

Other languages may be used as medium of instruction.

For these kindergartens, national language should be

taught as a compulsory subject (Section 23)

SECTION 15 – b) Primary Education A course of primary education which is designed for a

duration of six years

May be completed within five to seven years

SECTION 15 – c) Secondary Education Two parts :

- Lower Secondary

- Upper secondary

Academic-based secondary school Technical school

Educational institutions providing higher educations

leading to award of a diploma, degree or its

equivalent

SECTION 15 – e) Tertiary Education

SECTION 15 – d) Post - Secondary Education

Provided for those who has completed secondary

education, but does not include higher education

For those who wish to pursue tertiary level

A preparatory course (Matriculation, A Level)

SECTION 16 – a) Government Educational Institutions

i) GOVERNMENT SCHOOLS Built and fully maintained and monitored by governmentNational schools:

Government or government-aided schools Uses national language as medium English language is a compulsory subject Facilities for Chinese and/or Tamil language is made available when there

are request from parents of a fifteen and more (Section 1)National-Type Schools

Medium of instruction is Tamil or Chinese National language and English are compulsory subjects Fully supported by government

Full assistance and full grant in-aidGrant can be provided for renovation (modify building, buy furniture or equipment needed)Full-grant aid is a form of assistance other than ‘sumbangan modal’ (Section 1)

SECTION 16 – b) Government-Aided Educational Institutions

Fully funded privately Eg: Kolej Tuanku Jaafar – Mantin, Negeri Sembilan

: Seri Pelita Primary School – Pulau Pinang

SECTION 16 – c) Private Educational Institutions

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2.2.4 Special Education

Education that caters for the special educational needs of pupils who have learning disabilities.

The duraton cannot be shorter than the minimum duraton for primary and secondary education.

Curriculum is based on the National Curriculum.

Flexible.

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2.2.4 Teaching of the Islamic religion

Compulsory in all educational institutions including private schools if there are at least 5 pupils or more professing the Islamic religion.

At least 2 hours/week.

(Section 50 Educational Act 1996)

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2.2.5 Teaching of religion other than Islam

Government-aided educational instituition may provide for religious teaching in a religion other than Islam to the pupils of the educational instituition or to any of them but no such provision shall be defrayed from money provided by the Government.

No pupil shall attend teaching in a religion other than that which he professes, except with the written consent of his parents.

(Section 51)

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2.2.6 National Language as the main medium of instruction.

The national language shall be the main medium of instruction in all eductional instituitions in the National Education System except for SJKT & SJKC exempted by the Minister.

(Section 17)

In SJKT/SJKC , the national language shall be taught as a compulsory subject.

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2.2.8 National Curriculum for all schools.

The Minister shall prescribe National Curriculum which shall be used by all schools in the National Education System.

(Section 18)

Contains knowledge, skills and values that are expected to be required by pupils at the end of their period of schooling

Shall include the core subjects as set out in the Schedule and such other subjects as may be prescribed.

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The effect of the implementation of the Educational Act 1996 towards the National Education System

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i) Pre-school education

For the first time in the country's history of education, pre-school education has received accreditation.

Rapid increase in placement offers and enrolment for pre-school edu.

Does not include the number of classes provided by KEMAS, Department of National Unity, Islamic State Department, ABIM and private sectors.

1992 2005

Placement offers (school) 1 131 3 287

Enrolment 26 000 93 376

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ii) Primary education

Primary edu is compulsory for all children citizens of Malaysia from the age of 6.

The Ministry of Education Malaysia has implemented this policy in stages starting from

Year 1 in January 2003.

Various ventures taken to ensure improvement in the rate of participation of pupils at the primary school level.

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iii) increase the enrolment rate of aborigines and other ethnics groups from rural areas of Sabah & Sarawak

government has: built schools in their settlement. sent teaching force from the city in the form of TTE

(Teacher Training Education) graduate teachers.

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iv) enforce compulsory education law from Year 1 to Year 6

Parents who do not send their children to school will be fined RM5000 for neglecting their children's right.

Parents who cannot afford to support their children for schooling, financial aid is given to poor pupils.

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v) The Authority of the Ministry of Education

Education Act 1996 has given much authority to the Ministry of Education clearly outlined in every section.

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The Education Act 1996 has summarised the following

points: Acknowledge that edu is the major determinant of the fate of the country and

the saviour of the nations.

The purpose of edu is to enable the society to master knowledge, skills, and moral values.

Edu plays an important roles in accomplishing the nations' goal to achieve the status of a developed country and form a society that is united, democratic, liberal and dynamic.

It has become a mission to achieve a world class edu system in terms of quality.

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The National Education Policy is based on National Philosophy of Edu

The National Edu Policy shall be implemented through the National Edu System with he national language being the main medium of instruction, and the same National Curriculum and examnination.

Competent preparation of lessons taking into consideration that pupils should be taught as desired by the parents.