Education Act 1996 · Updated to 1 Jul 2020 · Part V · Assessment and Examination
69. Prohibitions on the conduct of examinations
Official textFrom Laws of Malaysia Online, unchanged
Subject to subsection (4), no person or educational institution shall conduct, permit or cause to be held or conducted, or be in any manner
educational institution
“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
54 Laws of Malaysia ACT 550
concerned in the holding or conducting of, any examination for any pupil of an educational institution or for any private candidate without the prior written approval of the Director of Examinations.
pupil
“pupil” means a person of any age for whom education or training is being provided in an educational institution;
In granting approval under subsection (1), the Director of
Examinations may impose such restrictions, terms and conditions as he deems fit.
A reference in this section to the holding or conducting of an examination shall be deemed to include the act of—
inviting candidates for an examination;
collecting or receiving any fee or payment or any donation or gift in respect of an examination;
preparing any syllabus, course or scheme of study in respect of an examination;
marking or grading of answers or responses to questions or tests in an examination;
issuing or granting any diploma or other document or form of recognition in respect of an examination, and any other act related to the holding or conducting of an examination, regardless whether the act is done before or after the examination.
Subsection (1) shall not apply to—
a body or syndicate established to manage and conduct examinations under paragraph 68(e);
the Malaysian Examinations Council established under the
Malaysian Examinations Council Act 1980 [Act 225]; and
an educational institution which conducts its own examination, test or other forms of assessment for the purpose of assessing its own pupils.
Education 55
A person who contravenes subsection (1) or fails to comply with any restriction, term or condition imposed under subsection (2)
shall be guilty of an offence and shall, on conviction, be liable to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding one year or to both.
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
pupil
Defined · s 2“pupil” means a person of any age for whom education or training is being provided in an educational institution;
Part VI
Higher Education
Part VII
Private Educational Institutions
Part VIII
Registration of Educational Institutions
Chapter 1
Registration of Educational Institutions
Chapter 2
Cancellation of Registration
Chapter 3
Registration of Governors and Employees
Chapter 4
Registration of Pupils
Chapter 5
Inspection of Educational Institutions by the
Part IX
Registration of Teachers
Chapter 1
Registration of Teachers
Chapter 2
Permits to Teach
Chapter 3
Miscellaneous
Part X
The Inspectorate of Schools
Chapter 1
The Inspectorate
Chapter 2
General
Part XI
Finance
Part XII
Appeals
Part XIII
Regulations
Part XIV
Offences and Penalties
Part XV
Miscellaneous
Part XVI