EDUCATION ACT 1996

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 550 EDUCATION ACT 1996 As at 1 July 2020 2 EDUCATION ACT 1996 Date of Royal Assent … … … … 15 July 1996 Date of publication in the Gazette … … 1 August 1996 Latest amendment made by Act A1490 which came into operation on … … … … 1 January 2012 PREVIOUS REPRINTS First Reprint ... ... ... ... ... 2002 Second Reprint ... ... ... ... ... 2006 Third Reprint ... … … … … 2012 3 LAWS OF MALAYSIA Act 550 EDUCATION ACT 1996 ARRANGEMENT OF SECTIONS PART I 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 Educational Institutions and Teachers 6. Chief Inspector of Schools and Inspectors of Schools 7. Director of Examinations 8. Power of Minister to issue general directions 9. Power of Minister to issue special directions 9A. Change of names 4 Laws of Malaysia ACT 550 PART III NATIONAL EDUCATION ADVISORY COUNCIL Section 10. National Education Advisory Council 11. Functions of National Education Advisory Council 12. Right of attendance 13. Power to make regulations in relation to National Education Advisory Council 14. National Education Advisory Council may regulate its own procedure PART IV NATIONAL EDUCATION SYSTEM Chapter 1 - The National Education System 15. National Education System 16. Categories of educational institutions 17. National language as the main medium of instruction 18. National Curriculum to be used by all schools 19. Schools to prepare pupils for prescribed examination Chapter 2 - Pre-School Education 20. Prohibition against the establishment, operation or management of kindergartens 21. Power of Minister to establish kindergartens 22. National Pre-school Curriculum to be used by all kindergartens 23. Language of instruction in kindergartens 24. Power to make regulations in relation to pre-school education Education Section 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 29A. Compulsory 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 5A – Vocational Colleges 33A. Establishment and maintenance of vocational college 33B. Vocational College Standard Curriculum to be used by vocational colleges 33C. Collaboration with other institution, corporation or industrial organization 33D. Power to make regulations in relation to vocational college Chapter 6—Other Educational Institutions 34. Other educational institutions 5 6 Laws of Malaysia ACT 550 Chapter 7—Technical Education and Polytechnics Section 35. Technical education in national secondary schools and other educational institutions 36. Polytechnics may offer courses of study and award qualifications approved by Minister 37. Collaboration with other institutions and industrial organizations in technical and vocational education 38. Provisions as to courses of study in respect of degrees conferred by universities, etc. 39. Power to make regulations in relation to polytechnics 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 institutes of teacher education 43. Registration of institutes of teacher education 44. Award of certificates or other qualifications by institutes of teacher education 45. Minister may establish and maintain institutes of teacher education 46. Institutes of teacher education to conduct courses of study approved by Minister 47. Provision as to courses of study in respect of degrees, etc., conferred by universities, etc. 48. Instrument of government for institutes of teacher education 49. Power to make regulations in relation to institutes of teacher education Education 7 Chapter 10—Religious Teaching in Educational Institutions Section 50. Teaching of the Islamic religion 51. Teaching of religious knowledge of a religion other than Islam 52. Financial assistance to Islamic educational institutions not established or maintained by the Minister or State Government Chapter 11—Management of Educational Institutions 53. Instrument of government for educational institutions 54. Power to make regulations in relation to instruments of government 55. Educational institution to be managed by its instrument of government 56. Power of Minister to appoint additional governors 57. Appointment of teachers under instrument of government and Act 58. Power of Minister in relation to exercise of functions, etc. 59. Dissolution of board of governors of government or government aided educational institution 60. Notice of dissolution to contain consequential directions 61. Minister shall appoint a different board upon dissolution of a board 62. Dissolution of board of managers or governors of government educational institution 63. Interpretation Chapter 12—Provision of Facilities and Services 64. Power of Minister to render assistance 65. Medical and dental inspection of pupils 66. Boarding facilities 8 Laws of Malaysia ACT 550 PART V ASSESSMENT AND EXAMINATION Section 67. Assessment of pupils 68. Examinations 69. Prohibitions on the conduct of examinations PART VI HIGHER EDUCATION 70. Minister to be responsible for higher education 71. Establishment of higher educational institutions, etc., is prohibited 72. Penalty PART VII PRIVATE EDUCATIONAL INSTITUTIONS 73. Saving relating to private educational institutions 74. Private educational institutions to comply with the requirement of National Curriculum and to prepare pupils for prescribed examinations 75. Subjects to be taught in private educational institutions providing postsecondary education 76. Power to make regulations for supervision and control of standard of education 77. Prohibition as to courses of study and training in respect of degrees, etc., conferred by universities, etc. 78. Application of other provisions of the Act to private educational institutions PART VIII REGISTRATION OF EDUCATIONAL INSTITUTIONS Chapter 1—Registration of Educational Institutions 79. All educational institutions to be registered Education 9 Section 80. Register 81. Provisional certificates of registration 82. Registration 83. Change in respect of educational institution premises 84. Refusal to register an educational institution 85. Notice of refusal to register an educational institution 86. Prohibition on advertisement, etc. Chapter 2—Cancellation of Registration 87. Grounds for cancellation of registration of an educational institution Chapter 3—Registration of Governors and 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. Notice of refusal to register a governor or employee 92. Appeal against refusal to register a governor or employee 93. Power of Registrar General to strike off the register a governor or employee 94. Retirement of governors and employees 95. Persons struck off the register to be notified 96. Appeal against striking off the register 97. Surrender of certificate of registration Chapter 4—Registration of Pupils 98. Registration of pupils 10 Laws of Malaysia ACT 550 Chapter 5—Inspection of Educational Institutions by the Registrar General Section 99. Inspections to be made from time to time 100. Powers of Registrar General on inspection of registered educational institutions 101. Inspection of premises of unregistered educational institutions 102. Power to close unregistered educational institution PART IX REGISTRATION OF TEACHERS Chapter 1—Registration of Teachers 103. Prohibition to teach 104. Register of teachers 105. Application for registration as a teacher 106. Power of Registrar General to refuse to register a person as a teacher 107. Notice of refusal to register a person as a teacher 108. Appeal against refusal to register a person as a teacher 109. Registration of teachers 110. Revocation of registration after notice 111. Appeals 112. Striking off the register 113. Transitional provisions as to registration of teachers Chapter 2—Permits to Teach 114. Issue of permits to teach Chapter 3—Miscellaneous 115. Surrender of certificates of registration as a teacher Education 11 Section 116. Duty of teacher to notify change of educational institution PART X THE INSPECTORATE OF SCHOOLS Chapter 1—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 authorize 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 12 Laws of Malaysia ACT 550 PART XIII REGULATIONS Section 130. Power of Minister to make regulations 131. Regulations may prescribe penalties for contravention thereof PART XIV OFFENCES AND PENALTIES 132. Offences and penalties relating to registration of educational institutions 133. Offences and penalties relating to registration of teachers 134. Offences and penalties relating to Inspectors 135. General penalty 136. Power to investigate 137. Power to enter without warrant 138. Institution and conduct of prosecution 139. Power to compound offences PART XV MISCELLANEOUS 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 Education 13 Section 145. Service of notices, etc. PART XVI TRANSITIONAL AND REPEAL 146. Change of title of certain educational institutions 147. Secondary vocational schools to be part of national secondary school until annulled 148. Assistance to existing educational institutions 149. Saving in respect of contribution towards religious teaching 150. Saving in respect of certain exempted educational institutions, etc. 151. Saving in respect of registered educational institution, governor, manager or employee 152. Winding up of Central Board 153. Maintenance of contributory fund 154. References to governor or board of governors to include manager and board of managers 155. Repeal 156. Power of Minister of Finance SCHEDULE 15 LAWS OF MALAYSIA Act 550 EDUCATION ACT 1996 An Act to provide for education and for matters connected therewith. [31 December 1997, P.U. (B) 541/1997] WHEREAS acknowledging that knowledge is the key determinant of the destiny and survival of the nation: AND WHEREAS the purpose of education is to enable the Malaysian society to have a command of knowledge, skills and values necessary in a world that is highly competitive and globalized, arising from the impact of rapid developm