Education Act 1996 · Updated to 1 Jul 2020 · Chapter 2 · Cancellation of Registration
87. Grounds for cancellation of registration of an educational institution
Official textFrom Laws of Malaysia Online, unchanged
The Registrar General may serve on the chairman of the board of governors or any person responsible for the management of an educational institution a notice of intention to cancel the registration of the educational institution if he is satisfied that it is expedient so to do on any of the following grounds:
Registrar General
“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);
the ground specified in paragraph 84(a);
that discipline in the educational institution is not being adequately maintained;
that the registration of the educational institution was obtained by reason of mistake or of any false or misleading statement;
that the chairman of the board of governors or any other person responsible for the management of the educational institution has made a false or misleading statement in a material particular in promoting the educational institution;
that there has been a breach of any term or condition imposed by the Registrar General under subsection 79(3);
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that there is no chairman of the board of governors of the educational institution, or that the person appointed to be the chairman of the board of governors or to be head teacher is not a fit and proper or responsible person to act as chairman or head teacher, as the case may be.
The Registrar General may act under subsection (1) if he has reason to believe that a registered educational institution has ceased to exist.
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
A notice of intention to cancel the registration of an educational institution under subsection (1) shall specify the grounds on which it is proposed to cancel the registration.
Where a notice under subsection (1) is served on a person referred to in that subsection, he may within twenty-one days of the notice being served upon him appeal to the Minister.
If no appeal is made under subsection (4), or if an appeal having been made is rejected, the Registrar General may cancel the registration of the educational institution forthwith; and within twenty-one days of the cancellation, the chairman of the board of governors or any person responsible for the management of the educational institution shall surrender to the Registrar General the certificate of registration of the educational institution and the instrument of government thereof, and the chairman and the governors and every employee of the educational institution shall surrender to the Registrar
Registrar
“Registrar” means the Registrar Educational Institutions and Teachers appointed under subsection 5(3) and includes the Registrar General; Education 23
General their certificates of registration issued under this Act.
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;
instrument of government
Defined · s 2“instrument of government” means an instrument of government as specified in section 53;
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);
teacher
Defined · s 2“teacher” means a person who— (a) teaches pupils in an educational institution; or (b) prepares or issues lessons or corrects returned answers in, for or through a distance education centre, and includes a head teacher or principal;
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