Education Act 1996 · Updated to 1 Jul 2020 · Part XIV · Offences and Penalties
132. Offences and penalties relating to registration of educational institutions
Official textFrom Laws of Malaysia Online, unchanged
A person who, being a chairman of a board of governors or governor or any other person responsible for the management of an educational institution, makes a false or misleading statement in promoting the educational institution shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.
governor
“governor” means a person who is empowered under an instrument of government to administer or manage an educational institution;
A person who—
on making an application under this Act for the registration of an educational institution or for registration as a governor or employee, or otherwise for the purpose of inducing the Registrar General to exercise or refrain from exercising his powers under this Act, makes any statement which he knows to be false or does not believe to be true or intentionally suppresses any material fact, or furnishes any information which is misleading;
obstructs or impedes the Registrar General, a public officer or a police officer in the exercise of the powers conferred upon the officer under section 100, 101 or 102;
refuses to produce any book, document or article, or refuses to furnish information in contravention of subsection 100(2) or furnishes any information which he knows is false or does not believe to be true;
being the chairman of a board of governors of an educational institution contravenes subsection 94(1);
being a person required to be registered as a governor or employee under section 88 acts as a governor or employee without being so registered;
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being a governor or person responsible for the management of an educational institution causes or permits any person to act as governor or a person responsible for the management, or as an employee, of the educational institution without being registered under this Act;
acts as a governor or employee in an educational institution not registered under this Act; or
being the chairman of a board of governors or a governor or a person responsible for the management of an educational institution has failed to prevent the educational institution from being used for any activity or purpose of an unlawful nature, or for any activity or purpose of an unlawful organization, society or other body of persons, shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding thirty thousand ringgit or to imprisonment for a term not exceeding two years or to both.
A person who—
being the chairman of a board of governors or being the person responsible for the management of an educational institution fails to cause a copy of the certificate of registration of the educational institution to be exhibited in accordance with subsection 82(2);
fails to surrender to the Registrar General any certificate of registration or instrument of government under subsection 87(5) or 97(1);
being the chairman of the board of governors of an educational institution contravenes subsection 94(1); or
being the owner or occupier of any premises and having reasonable cause to believe that the premises or part thereof is being used as an educational institution which is required to be registered under this Act but is not so registered, fails to take all reasonable steps to prevent such use,
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shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit.
Terms defined in s 2
educational institution
Defined · s 2“educational institution” means a school or any other place where, in the carrying on of the work of an organization or institution, persons are habitually taught, whether in one or more classes, and includes a kindergarten and a distance education centre but does not include— (a) any place where the teaching is confined exclusively to the teaching of any religion; or (b) any place declared by the Minister by notification in the Gazette not to be an educational institution for the purposes of this Act; Education 19
employee
Defined · s 2“employee” means a person employed by a board of governors, other than a governor, a teacher or such other person as may be appointed or nominated by the Minister under subsection 58(2) or 61(2), as the case may be, employed or actively taking part in work connected with the running or the administration of an educational institution;
governor
Defined · s 2“governor” means a person who is empowered under an instrument of government to administer or manage an educational institution;
instrument of government
Defined · s 2“instrument of government” means an instrument of government as specified in section 53;
premises
Defined · s 2“premises” means any building used as an educational institution and includes any building for the purpose of providing accommodation and other facilities for pupils and staff of the institution but does not include any land occupied therewith;
Registrar General
Defined · s 2“Registrar General” means the Registrar General of Educational Institutions and Teachers appointed under subsection 5(1), and includes the Deputy Registrar General of Educational Institutions and Teachers appointed under subsection 5(2);
Part XV
Miscellaneous
Part XVI