MALAYSIAN EXAMINATIONS COUNCIL ACT 1980

This Act shall come into force on such date as the Minister may by notification in the Gazette appoint.

Interpretation

a University established under section 6 of the Universities and University Colleges Act 1971 [Act 30]; and

a University established under section 1a of the Universiti

Teknologi MARA Act 1976 [Act 173].

the Vice-Chancellors of the Universities;

the Secretary General of the Ministry of Education or his nominee;

the Director General of Education or his nominee;

the Director of Examinations;

five members to be appointed by the Yang di-Pertuan

Agong; and

the Chief Executive.

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.

A University Vice-Chancellor may be reappointed as

Chairman of the Council upon the expiry of his term of office as Chairman.

The provisions of the Second Schedule shall apply to the

Council.

Appointment of alternate members

An alternate member, when attending a meeting of the

Council, shall for all purposes be deemed to be a member of the

Council.

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Common seal

The common seal shall be kept in the custody of the

Chairman or such other person as may be authorized by the

Council.

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.

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.

The seal of the Council shall be officially and judicially noticed.

Duty of the Council

the preparation and publication of examination syllabuses;

the preparation of examination papers;

the admission or enrolment of candidates; and

the award of certificates.

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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.

In the conduct of any other specified examination, the

Council may collaborate with any person, body, organization, institution or authority in or outside Malaysia.

In discharging its duty the Council shall have constant regard to the importance of, and need for, maintaining proper standards for the specified examinations.

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.

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

the collection and payment of fees and allowances in connection with the examination;

the provision and arrangement of examination centres and the appointment of regional officers, invigilators, supervisors and examiners;

the provision of facilities for the custody and security of question papers and answer scripts for the examination;

and

the provision of such other facilities as the Council may require for the efficient conduct of the examination.

Committees and subcommittees

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.

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.

A committee or a subcommittee may consist of persons who are not members of the Council.

Subject to any directions of the Council, a committee or subcommittee shall regulate its own procedure.

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Setting, assessing and marking of examination questions and answers

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.

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 Council.

Power to delegate 12a. (1) The Council may, subject to such restrictions or conditions as it may think fit to impose, in writing delegate to any committee or subcommittee of the Council, or to the Chief

Executive or any other officer appointed under section 16, all or any of the powers and duties conferred or imposed on the

Council under this Act or any rules made under section 31, and may at anytime revoke such delegation.

No delegation under subsection (1) shall affect the exercise of any power or the performance of any duty by the Council.

Power to employ agents, technical advisors and other persons

The Minister shall appoint the first Chief Executive of the Council for such period and on such terms and conditions as the Minister may determine, and the Council shall appoint every subsequent Chief Executive on such terms and conditions as the Council may determine with the approval of the

Minister.

Duties of the Chief Executive

In particular, it shall be the duty of the Chief Executive to ensure that the provisions of this Act and of any subsidiary legislation made under this Act are observed.

The Chief Executive may do all such things conformable to law as he thinks necessary for the purpose of performing his duties under this Act.

The Chief Executive shall be responsible to the Council in the performance of his duties under this Act.

Appointment of other officers and servants

For the purposes of this section —

The following provisions shall apply to any disciplinary committee established under paragraph (2)(b):

The disciplinary committee established under paragraph (2)(b) shall exercise its powers in all matters relating to the discipline of officers and servants placed under its jurisdiction.

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In the exercise of its disciplinary functions, a disciplinary committee referred to in subsection (2) shall have the power to take disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishments as may be provided for under any regulations made under section 16d.

Appeal against decision of disciplinary committee 16b. (1) A decision of the disciplinary committee under paragraph 16a(2)(a) shall be appealable to the Minister.

A decision of any disciplinary committee under paragraph 16a(2)(b) shall be appealable to the Disciplinary Appeal

Board established under section 16c.

The Minister or the Disciplinary Appeal Board, as the case may be, may confirm, reverse or vary the decision of the disciplinary committee.

The decision of the Minister or the Disciplinary Appeal

Board under subsection (3) shall be final.

Establishment of Disciplinary Appeal Board 16c. (1) There shall be a Disciplinary Appeal Board of the

Council which shall consist of the following members:

When the Disciplinary Appeal Board considers an appeal made under section 16b, a member of the disciplinary committee against whose decision the appeal is made who is also a member of the Council shall not be present or in any way participate in any proceedings relating to that appeal.

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Power to make disciplinary regulations 16d. (1) The Council, with the approval of the Minister, may make regulations to provide for the discipline of its officer and servants.

The disciplinary regulations made under this section—

The Council, before a person is surcharged, shall serve on him a written notice calling on him to show cause why he should not be surcharged.

If a satisfactory explanation is not received within fourteen days from the date of service of the notice in subsection (2), the

Council may—

The Council shall notify the person surcharged in respect of any surcharge made under subsection (3).

Notwithstanding subsections (3) and (4), the Council may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made, and the Council shall forthwith notify the person surcharged of the withdrawal.

The amount of any surcharge made under subsection (3)

and not withdrawn under subsection (5) shall be a debt due to the Council from the person surcharged and may be sued for and recovered in any court at the suit of the Council and may also, if the Council so directs, be recovered by deduction—

For the purposes of paragraph (1)(d), “accounting officer”

includes every officer and servant who is charged with—

The Fund shall consist of—

The Fund shall be expended for the purpose of paying all expenses properly incurred by the Council in the execution of its functions under this Act.

The Council may invest in securities of the Government of

Malaysia or such other securities as may be approved in writing by the Minister of Finance such moneys of the Fund as are not immediately required to be expended under this Act.

Estimates of income and expenditure

The Minister may disallow, alter, modify or add any item in such estimates.

The Council may at any time submit to the Minister a supplementary estimate for any one year and the Minister may allow the whole or any part of the additional expenditure included therein.

Accounts and audit

The accounts of the Council shall be audited annually by such auditor as may be appointed by the Council with the approval in writing of the Minister of Finance.

As soon as the accounts of the Council have been audited, the Council shall cause a copy of the audited statement of accounts to be submitted to the Minister, together with a copy of any observations made by the auditor appointed under subsection (2)

on the statement or on the accounts of the Council.

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The Minister shall cause a copy of the statement and observations submitted to him under subsection (3) to be laid on the table of each House of Parliament.

Annual report

The Minister shall cause a copy of every report submitted to him under subsection (1) to be laid on the table of each House of Parliament.

The Council shall furnish the Minister with such returns, reports, accounts and information with respect to its property and activities as the Minister may from time to time require.

The Minister may at any time appoint a committee of enquiry to investigate into the affairs of the Council and such committee shall submit its report to the Minister.

Power to amend First Schedule

shall preserve and aid in preserving secrecy with regard to all matters coming to his knowledge in the exercise or performance of any duty or function related to his appointment or employment;

shall not communicate any such matter to any person;

shall not suffer or permit any person to have access to any records in the possession, custody or control of any person to whom this subsection applies.

Subsection (1) does not apply—

Any person who contravenes any provision of subsection (1)

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

Secrecy of marks, answer scripts and statistical data

Nothing in subsection (1) shall preclude the Council from publishing, at its discretion, statistical data when such publication would in its opinion be in the interests of education in Malaysia:

Provided that any statistical data published pursuant to this subsection shall not contain information which may in any manner lead to the identification of any candidate.

Exclusive rights in examination questions

Any person who, other than for his private and domestic use, publishes or reproduces any past examination question in any form identical or substantially similar to the original question without the permission of the Council commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding two years or to both.

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Leakage of examination papers

Any person, whether a candidate for a specified examination or not, who, before or during the period of the examination for the subject to which a question paper or confidential instructions for a specified examination relate, knowingly makes use of the contents of the paper or instructions or of any draft, copy or record thereof in any manner and without being lawfully authorized to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding two years or to both.

Any person who, before or during the period of the examination for the subject to which a question paper or confidential instructions for an examination conducted by the

Council relate, is found in possession, custody or control of the question paper or instructions or part of the question paper or confidential instructions or of any draft, copy or record thereof without being lawfully authorized to do so, commits an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to a term of imprisonment not exceeding three years or to both.

Consent to prosecute

prescribing the syllabus of a specified examination;

prescribing the conditions of entry and award pertaining to a specified examination;

concerning the conduct of candidates during a specified examination and providing for instances of misconduct, such as cheating and impersonation, and the manner of dealing with persons involved therein;

prescribing fees or charges in respect of any examination conducted by the Council;

prescribing fees to be paid to examiners, invigilators and other persons involved in the conduct of a specified examination;

prescribing the mode of appeal for scrutiny of the results of a specified examination;

regulating the terms and conditions of service of the officers and servants of the Council and providing for their discipline; and

generally for the better carrying out of the provisions of this Act.

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First Schedule

[Section 2]

SPECIFIED EXAMINATIONS

Such a member may be reappointed upon the expiry of his term of office.

The appointment of any such member may be revoked at any time by the Yang di-Pertuan Agong without any reason being assigned therefor.

Such a member may at any time resign his office by letter addressed to the Yang di-Pertuan Agong.

Vacation of office

if he dies;

if there has been proved against him, or he has been convicted on, a charge in respect of—

an offence involving fraud, dishonesty or moral turpitude;

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if he becomes bankrupt;

if he is of unsound mind or is otherwise incapable of performing his duties;

if he absents himself from three consecutive meetings without leave of the Chairman;

in the event of his resignation being accepted by the Yang di-Pertuan

Agong; or

if his appointment is revoked.

Remuneration and allowances

The quorum of the Council shall be seven.

The Chairman or, in his absence, a member, who shall be a University

Vice-Chancellor, appointed by the members present shall preside at all meetings of the Council.

If on any question to be determined by the Council there is an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his own vote.

Subject to subparagraphs (1), (2), (3) and (4), the Council may determine its own procedure.

Minutes