MALAYSIAN EXAMINATIONS COUNCIL ACT 1980

Malaysian Examinations Council LAWS OF MALAYSIA REPRINT Act 225 Malaysian examinations council act 1980 As at 1 April 2014 PUBLISHED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2014 1 2 Act 225 Laws of Malaysia MALAYSIAN EXAMINATIONS COUNCIL ACT 1980 Date of Royal Assent … … … 28 January 1980 Date of publication in the Gazzette … 31 January 1980 Latest amendment made by Act A1267 which came into operation on … … … 30 September 2010 … Previous Reprints First Reprint ... ... ... ... 2001 Second Reprint ... ... ... ... 2006 Malaysian Examinations Council 3 LAWS OF MALAYSIA Act 225 MALAYSIAN EXAMINATION COUNCIL ACT 1980 ARRANGEMENT OF SECTIONS Part I PRELIMINARY Section 1. Short title and commencement 2. Interpretation Part II THE MALAYSIAN EXAMINATIONS COUNCIL 3. Establishment of the Malaysian Examinations Council 4. Membership of the Council 5. Appointment of alternate members 6. Common seal 7. Duty of the Council 8. Commencement of duty to conduct a specified examination 9. Prerogative of the Council 10. Assistance of Director of Education 11. Committees and subcommittees 12. Setting, assessing and marking of examination questions and answers 12a. Power to delegate 13. Power to employ agents, technical advisors and other persons 4 Laws of Malaysia Part III ADMINISTRATION Section 14. Appointment of the Chief Executive 16. Appointment of other officers and servants 15. Duties of the Chief Executive Part IIIa DISCIPLINE 16a. Disciplinary committees 16c. Establishment of Disciplinary Appeal Board 16b. 16d. 16e. 16f. Appeal against decision of disciplinary committee Power to make disciplinary regulations Imposition of surcharge Council may adopt regulations, etc. Part IV FINANCE 17. The Fund 19. Accounts and audit 18. 20. Estimates of income and expenditure Annual report Part V GENERAL 21. Powers of Minister 23. Public servants 22. 24. 25. 26. Power to amend First Schedule Public Authorities Protection Act Obligation of secrecy Secrecy of marks, answer scripts and statistical data Act 225 Malaysian Examinations Council Section 27. Exclusive rights in examination questions 29. Consent to prosecute 28. 30. 31. Leakage of examination papers (Deleted) Power to make rules First Schedule Second Schedule 5 6 Laws of Malaysia Act 225 Malaysian Examinations Council 7 LAWS OF MALAYSIA Act 225 MALAYSIAN EXAMINATION COUNCIL ACT 1980 An Act to establish the Malaysian Examinations Council for the purpose of conducting certain examinations and to provide for matters connected therewith. [1 February 1980, P.U. (B) 52/1980] BE IT ENACTED by the Seri Paduka Baginda Yang di Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: Part I PRELIMINARY Short title and commencement 1. (1) This Act may be cited as the Malaysian Examinations Council Act 1980. (2) This Act shall come into force on such date as the Minister may by notification in the Gazette appoint. Interpretation 2. In this Act, unless the context otherwise requires— “Chief Executive” means the Chief Executive of the Council appointed under section 14; “Council” means the Malaysian Examinations Council established under section 3; 8 Laws of Malaysia Act 225 “Director General of Education” means the Director General of Education appointed by the Yang di-Pertuan Agong under section 3 of the Education Act 1996 [Act 550]; “Director of Education” means a Director of Education appointed by the Minister under section 4 of the Education Act 1996; “Director of Examinations” means the Director of Examinations appointed by the Minister under subsection 7(1) of the Education Act 1996; “Fund” means the Fund established by section 17; “Minister” means the Minister responsible for education; “record” includes a record of information in any form on any material, substance, article or thing whatsoever whether permanent or temporary; “specified examination” means an examination specified in the First Schedule; “University” means— (a) a University established under section 6 of the Universities and University Colleges Act 1971 [Act 30]; and (b) a University established under section 1a of the Universiti Teknologi MARA Act 1976 [Act 173]. Part II THE MALAYSIAN EXAMINATIONS COUNCIL Establishment of the Malaysian Examinations Council 3. There shall be established a corporation to be known in the national language as the “Majlis Peperiksaan Malaysia” and in English as the “Malaysian Examinations Council” which shall have perpetual succession and a common seal and which may sue and be sued in its said name and, subject to and for the purposes of this Act, may enter into contracts and hold and deal in or with any movable or immovable property and do all other matters and things incidental or appertaining to a body corporate. Malaysian Examinations Council 9 Membership of the Council 4. (1) The Council shall consist of the following members, that is to say: (a) the Vice-Chancellors of the Universities; (b) the Secretary General of the Ministry of Education or his nominee; (c) the Director General of Education or his nominee; (d) the Director of Examinations; (e) five members to be appointed by the Yang di-Pertuan Agong; and (f) the Chief Executive. (2) The Yang di-Pertuan Agong shall appoint one of the University Vice-Chancellors to be the Chairman of the Council for such period, not exceeding three years, as may be specified in the instrument of appointment. (3) A University Vice-Chancellor may be reappointed as Chairman of the Council upon the expiry of his term of office as Chairman. (4) The provisions of the Second Schedule shall apply to the Council. Appointment of alternate members 5. (1) The Minister shall, in respect of each member of the Council who is a University Vice-Chancellor and on the recommendation of the respective member, appoint an alternate member who may attend, in place of the member concerned, any meeting of the Council which he is for any reason unable to attend. (2) An alternate member, when attending a meeting of the Council, shall for all purposes be deemed to be a member of the Council. 10 Laws of Malaysia Act 225 Common seal 6. (1) The common seal of the Council shall bear such device as the Council shall approve and may from time to time be broken, changed, altered or made anew as the Council thinks fit. (2) The common seal shall be kept in the custody of the Chairman or such other person as may be authorized by the Council. (3) The common seal shall not be affixed to any instrument except in the presence of the Chairman and one other member of the Council who shall sign their names to the instrument in token of such presence, and the signatures shall be sufficient evidence that the seal was duly and properly affixed and is the lawful seal of the Council. (4) Any document or instrument which, if executed by a person not being a body corporate, would not be required to be under seal, may in like manner be executed by the Council and such document or instrument may be executed on behalf of the Council by any officer or servant of the Council generally or specially authorized by the Council in that behalf. (5) The seal of the Council shall be officially and judicially noticed. Duty of the Council 7. (1) The duty of the Council is to conduct, subject to and in accordance with this Act, the specified examinations and all other matters that may be necessary or incidental to such examinations, including— (a) the preparation and publication of examination syllabuses; (b) the preparation of examination papers; (c) the admission or enrolment of candidates; and (d) the award of certificates. Malaysian Examinations Council 11 (2) In the conduct of the Malaysia Higher School Certificate Examination, the Council shall collaborate with the Universities, and may further collaborate with any other person, body, organization, institution or authority in or outside Malaysia. (3) In the conduct of any other specified examination, the Council may collaborate with any person, body, organization, institution or authority in or outside Malaysia. (4) In discharging its duty the Council shall have constant regard to the importance of, and need for, maintaining proper standards for the specified examinations. (5) Without prejudice to subsections (1), (2), (3) and (4), the Council may, with the approval of the Minister, conduct any examination, other than the specified examinations, and all matters that may be necessary or incidental to such examination, for any person, body, organization, institution or authority in or outside Malaysia. (6) Notwithstanding any other provision in this Act or paragraph 69(4)(b) of the Education Act 1996, any person, body, organization, institution or authority in or outside Malaysia shall not conduct any examination other than the specified examination, which relates to academic matters, without a written approval of the Director of Examinations as required under subsection 69(1) of the Education Act 1996. Commencement of duty to conduct a specified examination 8. The duty of the Council to conduct a specified examination shall commence from such examination year as the Minister may by notification in the Gazette appoint in relation to that examination. Prerogative of the Council 9. The Council shall, in relation to a specified examination, enjoy the prerogative of awarding and withdrawing certificates, withholding and cancelling the results of any candidate, and barring any person from taking the examination. 12 Laws of Malaysia Act 225 Assistance of Director of Education 10. The Council may seek the assistance of any Director of Education in the organization and conduct of any specified examination, including assistance in— (a) the collection and payment of fees and allowances in connection with the examination; (b) the provision and arrangement of examination centres and the appointment of regional officers, invigilators, supervisors and examiners; (c) the provision of facilities for the custody and security of question papers and answer scripts for the examination; and (d) the provision of such other facilities as the Council m a y r e q u i r e f o r t h e e ff i c i e n t c o n d u c t o f t h e examination. Committees and subcommittees 11. (1) The Council shall appoint a standing finance committee to regulate and control the finances of the Council. (2) The Council may appoint such other committees as it thinks necessary to perform such of the functions of the Council as may be delegated to them by the Council. (3) A committee may, with the approval of the Council, appoint such subcommittees as it thinks necessary to exercise such of the functions of the committee as may be delegated to them by the committee. (4) A committee or a subcommittee may consist of persons who are not members of the Council. (5) Subject to any directions of the Council, a committee or subcommittee shall regulate its own procedure. Malaysian Examinations Council 13 Setting, assessing and marking of examination questions and answers 12. (1) The Council may appoint suitably qualified persons, whether residing in or outside Malaysia, to set, assess or mark questions or answers for a specified examination. (2) Any person appointed under subsection (1) who, without the permission of the Council, delegates his duty to set, assess or mark examination questions or answers to any unauthorized person commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to a term of imprisonment not exceeding one year or to both. (3) The Council shall have the right to withhold in whole or in part any allowance or fee payable to any person appointed under subsection (1) in the event of unsatisfactory work as found by the Coun