Majlis Peperiksaan Malaysia 1 laws of MALAYSIA Act REPRINTING 225 Malaysian Examinations Council ACT 1980 As at 1 April 2014 ISSUED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2014 2 laws of Malaysia Act 225 Malaysian Examinations Council ACT 1980 the date of Royal Assent......... January 28, 1980 date of publication in the Gazette of ... ... more 31 January 1980, last amended through Act A1267 effect at............ 30 September 2010 Mec 3 laws of MALAYSIA Act 225 Malaysian Examinations Council ACT 1980 ARRANGEMENT of SECTIONS part i preliminary section 1. Short title and commencement 2. Interpretation part ii MAJLIS PEPERIKSAAN MALAYSIA 3. The establishment of the Malaysian Examinations Council 4. Membership of the Council 5. Appointment of alternate member 6. Seal 7. 8 Council tasks. The start of the task to organize a specific examination 9. Prerogative of the Council 10. The help of the Director of education 11. Committee and Subcommittee 12. To prepare, appraise and inspect the examination questions and answers 12a. Power to mewakil 13. Power to employ agents, technical advisor and others 4 laws of Malaysia Act 225 part iii ADMINISTRATION section 14. Appointment of Chief Executive Officer 15. The duties of the Chief Executive of 16. Appointment of officials and other servants DISCIPLINARY 16a Division iiia. 16B of the Disciplinary Committee. Appeal against the decision of the Disciplinary Committee of the 16c. The establishment of a Disciplinary Appeal Board 16d. The power to make regulations discipline 16e. The imposition of a surcharge 16f. Council may adopt regulations, etc.
Part iV FINANCIAL 17. Fund 18. Estimated income and expenses 19. Accounts and audit 20. Annual report part V GENERAL 21. Power of Minister 22. The power to amend the first schedule 23. Public servants 24. Public authorities Protection Act 25. Obligation of secrecy 26. Withhold scores and answer scripts and data statistics 27. Exclusive rights on Malaysian Examinations Council exam question 5 28. Divulgation paper 29. Consent to prosecute 30. (Cut) 31. Power to make rules first schedule Second Schedule section 6 laws of Malaysia Act 225 Majlis Peperiksaan Malaysia 7 laws of MALAYSIA Act 225 1980 Malaysian Examinations Council ACT an act to establish the Malaysian Examinations Council for the purpose of organizing examinations and to provide on matters relating thereto.
[February 1, 1980, P.U. (B) 52/1980]
BE IT enacted by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows: part i preliminary short title and commencement 1. (1) this Act may be cited as the Malaysian Examinations Council Act 1980.
(2) this Act shall come into force on such date as the Minister may, by notification in the Gazette.
Interpretation 2. In this Act, unless the context otherwise requires — "Chief Executive Officer" means the Chief Executive of the Council appointed under section 14;
8 laws of Malaysia Act 225 "Education Director-General" means the Director General of education appointed by the Yang di-Pertuan Agong under section 3 of the Education Act 1996 [Act 550];
"Fund" means the Fund established by section 17;
"Council" means the Malaysian Examinations Council established under section 3;
"Minister" means the Minister responsible for education;
"Director of education" means the Director of education appointed by the Minister under section 4 of the Education Act 1996;
"Independent Examination" means the Examination of the Director appointed by the Minister under subsection 7 (1) of the Education Act 1996;
"certain examination" means the examination set out in the first schedule;
"record" includes a record of information in any form on any substance, article or thing, any thing either permanent or temporary; "University" means — (a) a University established under section 6 universities and University Colleges Act 1971 [Act 30]; and (b) a University established under section 1a Universiti Teknologi MARA Act 1976 [Act 173].
Part ii the MALAYSIAN EXAMINATIONS COUNCIL Majlis peperiksaan Malaysia 3. There shall be established a corporation known as "Mec" in the national language and "Malaysian Examinations Council" in English Majlis Peperiksaan Malaysia 9 permanent Siamese and have a common seal and may sue and prosecuted on that name and, subject to this Act and also for the purposes of this Act, may enter into contracts and can hold and make any business of any movable or immovable property and to do all things and other things that incidental or with respect to a body corporate.
Membership Of The Council 4. (1) is to be terdir i Majl dar ipada Member the following — (a) the Vice-Chancellor of the University;
(b) the Secretary General of the Ministry of education or nomininya;
(c) the Director General of education or nomininya;
(d) the Director of examinations;
(e) five members who shall be appointed by the Yang di-Pertuan Agong; and (f) Chief Executive.
(2) the Yang di-Pertuan Agong shall elect a Vice Chancellor of the University became Chairman of the Council for a period, not exceeding three years, as may be specified in the instrument of appointment.
(3) a Vice Chancellor of the University may be reappointed as Chairman of the Council upon the expiry of his post as Chairman.
(4) the provisions of the Second Schedule shall apply to the Council.
appointment of alternate member 5. (1) the Minister shall, in respect of each Member of the Council who is a Vice Chancellor of the University and on the recommendation of the Member in question, appoint an alternate member who may attend, replacing the t e m p a t a n g g o t a y a n g b e r k e n a t i o n s m a n u, a-m a n a Council meeting that he could not attend for any reason.
10 laws of Malaysia Act 225 (2) an alternate member, attending meetings of the Council, shall for all purposes be deemed to be a member of the Council.
Seal 6. (1) the common seal of the Council shall bear a sign approved by the Council and such seal may from time to time is broken down, changed, altered or made new as the Council may think fit.
(2) the seal shall be kept in the custody of the Chairman or other person authorized by the Council.
(3) the common seal shall not be stamped on any instrument except in the presence of the Chairman and one other Member of the Council who shall sign their names at the instrument indicate the said seal stamped in front of them, and the signature is proof enough that the seal has been stamped properly and should and is the seal of the Council shall be valid.
(4) any document or instrument which, if executed by a person not being a body corporate, would not be required to be entered into, may be executed by the Council in a way that is also and such document or instrument may be executed on behalf of the Council by any officials or servants of the Council authorised generally or specially by the Council for that purpose.
(5) the seal of the Council shall be officially and judicially noticed.
Duties Of Council 7. (1) the Council's Task was to organize, subject to and in accordance with this Act, certain examinations and all other things as are necessary or incidental to such examination, including — (a) to provide and publish syllabuses;
Majlis Peperiksaan Malaysia 11 (b) provides examination paper;
(c) admit or register a candidate; and (d) the awarding of the certificate.
(2) in organizing Sijil Tinggi Persekolahan Malaysia, Majl is shall strive together with the University, and can further strive together with any person, body, Association, institution or authority within or outside Malaysia.
(3) in organizing any other particular examination, the Council can strive together with any person, body, Association, institution or authority within or outside Malaysia.
(4) in the exercise of its duties the Council shall always take note of just how important and the need to keep the standard should be for specific exams.
(5) without prejudice to subsection (1), (2), (3) and (4), the Council may, with the approval of the Minister, organizing such examinations, in addition to certain examination, and all other things as are necessary or incidental to such examination, any person, body, organization, institution or authority within or outside Malaysia.
(6) Notwithstanding any other provisions of this Act or paragraph 69 (4) (b) the Education Act 1996, any person, body, organization, institution or authority in or outside Malaysia is not able to organize any examination, apart from certain examinations relating to academic matters, without a written approval of the Director of Examinations as may be required under subsection 69 (1) of the Education Act 1996.
The start of the task to organize a specific examination 8. The task of the Council to organize a specific examination shall start from the year of examination as may be prescribed by the Minister by notification in the Gazette in respect of such examination.
12 laws of Malaysia Act 225 prerogative of the Council
9. The Council shall, in respect of a specific examination, have the prerogative of awards and withdraw certificates, hold and cancel the results of any candidate, and prevent any person from taking the exam.
The help of the Director of education 10. The Council may request the assistance of any Director Education in arranging and organizing a specific examination, including assistance in — (a) the collection and payment of fees and allowances related to such examination;
(b) to Institute and make arrangements regarding the examination centres and appointment of regional officials, the invigilator, supervisor and examiners;
(c) grant facilities to save and ensure the security question and answer scripts for such examination; and (d) the holding of any other facilities as may be required by the Council for organizing the exam efficiently.
Committee and Subcommittee 11. (1) the Council may appoint a Permanent Finance Committee to organize and control the financial affairs of the Council.
(2) the Council may appoint such other committees as it may deem necessary to carry out any functions delegated to it by the Council.
(3) a Committee may, with the approval of the Council, appoint sub-committees as it may deem necessary to carry out any functions delegated to it by the Committee.
The Malaysian Examinations Council 13 (4) a Committee or a Subcommittee may consist of people who are not members of the Council.
(5) subject to any direction Majl is, a Committee or Subcommittee shall regulate its own procedure.
To prepare, appraise and inspect the examination questions and answers 12. (1) the Council may appoint a person whose qualifications are appropriate, whether living in Malaysia or outside Malaysia, to prepare, evaluate or examine the questions or answers for a particular exam.
(2) any person appointed under subsection (1) who, without the consent of the Council, delegate its duties to prepare, evaluate or checking examination questions or answers to someone who does not have the Authority commits an offence and shall, on conviction, to a fine not exceeding five thousand ringgit or to imprisonment for a term not exceeding one year or to both.
(3) the Council reserves the right to withhold all or part of any fee or allowance payable to any person appointed under subsection (1) if the Council found his work is not satisfactory.
Power to mewakil 12A. (1) the Council may, subject to such restrictions or conditions as he difikirnya fit to impose, in writing delegate to any Committee or Sub-Committee of the Council, or to the Chief Executive Officer or any other officer appointed under section 16, all or any of the powers and duties granted to or charged on the Council under this Act or any rules made under section 31 , and may at any time revoke such delegation.
(2) no delegation under subsection (1) may affect the exercise of any power or performance of any tasks by the Council.
14 laws of Malaysia Act 225 power to employ agents, advisory techniques and others 13. The Council may employ and pay agents, advisors and others to carry on any business or do any act required to be exercised or done in the execution of his duties or to carry out the purposes of this Act by means of better.
Part iii ADMINISTRATION appointment of Chief Executive 14. (1) there shall be a Chief Executive of the Council.
(2) the Minister shall appoint the first Chief Executive of the Council for a period and in accordance with any limitations and conditions as may be prescribed by the Minister, and the Council shall elect every Chief Executive who then follow any limits and conditions as may be prescribed by the Council with the approval of the Minister.
The duties of the Chief Executive of the 15. (1) the Chief Executive shall be the Chief Executive Officer, Chief Administrative Officer and the chief academic officer of the Council and shall perform any duties in respect of an such positions.
(2) in particular, it shall be the duty of the Chief Executive to ensure that the provisions of this Act and the provisions of any bylaws made under this Act are complied with.
(3) the Chief Executive can do all of the things that suit the law as he may deem necessary for the purposes performing its duties under this Act.
(4) the Chief Executive is responsible to the Council in discharging its duties under this Act.
Majlis Peperiksaan Malaysia 15 appointment of officials and other servants 16. The Council may appoint, in addition to Chief Executive, a number of officers and other servants as he may deem necessary to carry out the purposes of this Act, in accordance with any limitations and conditions as may be prescribed by the Council with the approval of the Minister.
The DISCIPLINARY Committee of the disciplinary Division iiia 16A. (1) the Council shall have disciplinary powers over all officers and pekhidmatnya and shall exercise disciplinary control in respect of all such person pursuant to this Act and any regulations made under section 16d.
(2) for the purposes of this section — (a) there shall be established a Disciplinary Committee of the Council in respect of the Chief Executive of the Council consist of — (i) a person appointed by the Minister, who shall be the Chairman of the Committee; and (ii) two members of the Council who shall be appointed by the Council; and (b) the Council may establish, by notification in the Gazette, the Disciplinary Committee is different for different categories of servants or officers of the Council.
(3) the following provisions shall apply to any disciplinary Committee established under paragraph (2) (b): (a) the Disciplinary Committee shall consist of such number of members of the Council, other than the Chairman of the Council, or an officer of the Council, or any combination of members and the officer; and 16 laws of Malaysia Act 225 (b) an officer who is a member of a Disciplinary Committee shall not be lower than any meteoric officers or servants who thereon of the Disciplinary Committee have the power to discipline dianggotainya.
(4) Disciplinary Committee established under paragraph (2) (b) shall exercise its powers in all matters relating to discipline officers and servants placed under its jurisdiction.
(5) in the exercise of its disciplinary functions, a Disciplinary Committee referred to in subsection (2) shall have the authority to take disciplinary action and impose any disciplinary punishment or any combination of two or more disciplinary punishment as provided under any regulations made under section 16d.
appeal against the decision of the Disciplinary Committee 16b. (1) a decision of the Disciplinary Committee under paragraph 16a (2) (a) shall be appealable to the Minister.
(2) a decision of any disciplinary committee under paragraph 16a (2) (b) shall be appealable to the disciplinary Appeal Board established under section 16c.
(3) the Minister or the disciplinary Appeal Board, as the case may be, can authenticate, mengakas or change the results of the Disciplinary Committee.
(4) the decision of the Minister or the Board of Disciplinary Appeals under subsection (3) shall be final.
the establishment of a Disciplinary Appeal Board 16c. (1) there shall be a Council Disciplinary appeal board consisting of members of the following: (a) the Chairman of the Council, who shall be the Chairman of the Disciplinary Board of Appeal and has a casting vote; and the Malaysian Examinations Council 17 (b) three members of the Council, who is not a member of the Disciplinary Committee whose decision is the matter of the appeal, which shall be appointed by the Chairman of the disciplinary board of Appeal with the approval of the Council for the purposes of the appeal.
(2) when the disciplinary Appeal Board considers an appeal made under section 16B, a member of the Disciplinary Committee appealed against the councilman also cannot attend or in any way participate in any proceeding relating to the appeal.
The power to make regulations discipline 16d. (1) the Council, with the approval of the Minister, may make regulations to provide for disciplinary officers and pekhidmatnya.
(2) the disciplinary regulations made under this section — (a) may establish a disciplinary offence;
(b) may provide for any disciplinary punishment which may be deemed appropriate by the Council, and the sentence may include — (i) a warning;
(ii) a fine;
(iii) forfeiture emoluments;
(iv) delay salary movement;
(v) reduction of salary;
(vi) demotion; and (vii) dispose of work;
18 laws of Malaysia Act 225 (c) shall give to the person against whom the disciplinary proceeding taken the opportunity to make representations against the disciplinary charge made against him before the decision was reached by the Disciplinary Committee unless in any case the following: (i) If an officer or servants Council dismissed or lowered rank on the ground of improper conduct in respect of which a criminal charge has been proved against him;
(ii) if the Council, on the recommendation of the Minister charged with the responsibility for internal affairs, is satisfied that in the interest of the security of Malaysia or any part thereof is not expedient to carry out the requirements of this paragraph; or (iii) if there has been — (A) made against an officer or servants of the Council any detention order, supervision, residential limited, banishment or deportasi; or (B) is imposed on an officer or servants of the Council any form of restriction or supervision by bond or otherwise, under any law relating to the security of Malaysia or any part thereof, crime prevention, preventive detention, residential limited, banishment, immigration, or the protection of women and girls;
(d) may provide for the retention of work reduction emoluments of an officer or the Council pending completion of the servants criminal proceedings or disciplinary proceedings against him for the purpose of removing work or lose meteoric; and (e) may provide for suspension without emoluments of an officer or the Council's servants — (i) where the officer or the servants were convicted by a criminal court; or the Malaysian Examinations Council 19 (ii) where an order of detention or restriction have been made with respect to or imposed on any officer or the servants.
the imposition of a surcharge 16e. (1) a person who is or was formerly employed by the Council can be disurcaj if it appears to the Council that such person — (a) not collect any monies owed to the Council that pemungutannya be its duties;
(b) is or has been responsible for any payment of money from the Council which should not be made or for any payment of money not approved accordingly;
(c) is or ever was responsible, directly or indirectly, for any deficiency in, or for destruction, any money, goods or other property savings Council;
(d) as or while an accounting officer, did not keep proper records or account; or (e) do not make any payment, or was or ever be liable for any delay in the payment of money from the Council to any person to whom the payment is to be made under any law or under any contract, agreement or arrangement made between the person with the Council.
(2) the Council shall, before someone disurcaj, serve a notice in writing to him requesting show cause why he should not be disurcaj.
(3) If satisfactory explanations are not accepted within fourteen days from the date of service of the notice in subsection (2), the Council may — (a) in the case of paragraph (1) (a), (1) (b) and (1) (c), mensurcaj of the i th a t a sum of money not 20 laws of Malaysia Act 225 exceeding the amount which is not collected, or any payments should not be made, or deficiency in or destruction of property is done; and (b) in the case of paragraph (1) (d) and (1) (e), mensurcaj against the person such sum as may be deemed fit by the Council.
(4) the Council shall notify the person who disurcaj in respect of any surcharge imposed under subsection (3).
(5) Notwithstanding subsection (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 turns out otherwise that no surcharge should be made, and the Council shall immediately notify the person of the disurcaj about the withdrawal.
(6) the amount of any surcharge imposed under subsection (3) and not withdrawn under subsection (5) shall be a debt due to the Council of the disurcaj people and can be prosecuted and be obtained in any court upon legal Council and can also, if directed by the Council, be obtained through deduction — (a) from the salary of the person disurcaj; or (b) the pension of people who disurcaj, with equal monthly instalments not exceeding one fourth of the total monthly salary or pension, as the case may be, that person.
(7) for the purposes of paragraph (1) (d), "accounting officer" includes every officers and servants charged with — (a) the obligation to collect, receive, or mengakaunkan, or who actually collect, receive or mengakaunkan, any money in the Fund;
(b) the obligation to make payment, or actually make a payment, from any money in the Fund; or the Malaysian Examinations Council 21 (c) receipt, storage or disposal, or pengakaunan, any article or savings Council properties, or actually receive, hold, dispose of or mengakaunkan goods storage or the property.
Council may adopt regulations, etc.
16f. In making any regulations under this part, the Council, with the approval of the Minister, can be adopted by any modifications it deems fit, any regulations, rules, policies, circular and instructions made or issued by the Federal Government.
Part iV FINANCIAL Fund 17. (1) for the purposes of this Act, there shall be established a fund to be administered and controlled by the Council.
(2) the Fund shall consist of — (a) any sums allotted from time to time by Parliament;
(b) any fees or charges payable under this Act;
(c) any property, investments, mortgages, charges or debentures acquired by or vested in the Council;
(d) the monies earned or arising out of any property, investments, mortgages, charges or debentures acquired by or vested in the Council; and (e) all money or other property in any manner whatsoever payable to or vested in the Council on any matter incidental to the powers and duties.
22 laws of Malaysia Act 225 (3) the Fund shall be expended for the purpose of paying all expenses incurred accordingly by the Council in the performance of its functions under this Act.
(4) Council may invest in Malaysian Government securities other securities or approved in writing by the Minister of finance money Fund which are not immediately required to be expended under this Act.
Estimated income and expenses 18. (1) the Council shall, not later than 1 November each year, submit to the Minister an estimate of income and expenditure of the Council for the ensuing year.
(2) the Minister may refuse, vary, modify or add any item in the estimates.
(3) 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 is included in the estimates.
Accounts and audit 19. (1) the Council shall keep proper accounts and other records in respect of its affairs and shall prepare a statement of accounts in respect of each year.
(2) the accounts of the Council shall be audited annually by an auditor appointed by the Council with the approval in writing of the Minister of finance.
(3) as soon as the audited accounts of the Council, the Council shall cause a copy of the audited statement of accounts is 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.
Majlis Peperiksaan Malaysia 23 (4) the Minister shall cause a copy of the statement and the views submitted to him under subsection (3) is presented in each Parliament.
Annual report 20. (1) the Council shall, not later than 30 June each year, causing made and submitted to the Minister a report on the activities of the Council in the previous year and containing any information about the trip and the policy Council as may be required by the Minister from time to time.
(2) the Minister shall cause a copy of every report submitted to him under subsection (1) is presented in each Parliament.
Part V GENERAL Power Of Minister 21. (1) the Council is responsible to the Minister and the Minister may from time to time give to the Council general instructions that are not inconsistent with the provisions of this Act, and shall perform all such directions.
(2) the Council shall provide to the Minister any statement, report, account and information about the property and its activities as may be required by the Minister from time to time.
(3) the Minister may at any time appoint a Committee of inquiry to investigate the Affairs of the Council and the Committee shall submit its report to the Minister.
The power to amend the first schedule 22. The Minister may, after consultation with the Council, by order amend the first schedule.
24 laws of Malaysia Act 225 public servants 23. All members, officers and servants of the Council, all members of any Committee or Sub-Committee appointed under this Act, and every person appointed under section 12 shall be deemed to be public servants within the meaning of the Penal Code [Act 574].
Public authorities Protection Act
24. the Public authorities Protection Act 1948 [Act 198] shall apply to any action, suit, prosecution or other proceeding against any members, officers or servants of the Council, to any member of a Committee or Sub-Committee appointed under this Act, and to any person appointed under section 12, in respect of any act, negligence or default made or done by him on such properties.
Obligation of secrecy 25. (1) except as may be necessary to carry out or perform any duties or functions under this Act or enforce the provisions and purposes of this Act, every person who is appointed under this Act, or who is or has been employed to carry out or assist any person to carry out the provisions and purposes of this Act — (a) shall keep and help keep the secret in respect of all matters that come to its knowledge during exercise or perform any duties or functions that have to do with the appointment of or occupation;
(b) not be able to notify any such matter to any person;
(c) cannot be let or allow any person to have access to any records in the possession, custody or control of any person to whom this subsection applies.
Majlis Peperiksaan Malaysia 25 (2) subsection (1) does not apply — (a) for disclosure of any information disclosed or authorised to be given by the Council;
(b) for disclosure of information for the purposes of any legal proceedings brought under this Act, or for the purposes of any report of such proceedings; or (c) for disclosure of information for the purposes of any investigation undertaken under subsection 21 (3).
(3) any person who contravenes any of the provisions of subsection (1) commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Withhold scores, script answers and statistical data 26. (1) No person shall be entitled to the disclosure of the marks obtained or answer scripts produced by any candidate in an examination conducted by the Council, and none of the courts can force the Council or any Member, officer or servants of the Council to make any such disclosure to any person.
(2) no anything in subsection (1) shall prevent the Council from publish statistical data, in its discretion, if the broadcast is probably in its opinion made to the importance of education in Malaysia: provided that any statistical data published according to this subsection may not contain information that may in any way lead to the identification of any candidate.
Exclusive rights on examination question 27. (1) the Council shall have the exclusive rights for all examination questions prepared by him or on his behalf.
26 laws of Malaysia Act 225 (2) any person who, in addition to his own use and domestic, published or reproduced, any question of the previous examination in accordance with any form of the same or substantially similar to the original question without the permission of the Council commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
divulgation paper 28. (1) any person assigned to prepare, p, review, censor or print or collect, store, distribute or take care of any questions or confidential instructions for an examination conducted by the Council, or make drafts, copies or records of the question paper or the confidential instructions, or assigned as a supervisor, invigilator, Assistant or for any other properties for an examination conducted by the Council , prior to or during the examination of the subjects related to the paper or the command, with known or reckless and without lawfully authorized to do so, disclose the contents of the paper or the command, or the contents of any draft, copy or record of the question paper or the confidential instructions, to any person, whether a candidate for such examination or not, commits an offence and can be , on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
(2) any person, whether a candidate for a particular exam or not, which, prior to or during the examination of the subjects related to a question paper or confidential instructions for something specific examination, with known using the contents of the paper or the direction or content of any drafts, copies of or record in any way and without lawfully authorised to do so , commits an offence and shall, on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding two years or to both.
Majlis Peperiksaan Malaysia 27 (3) any person who, before or during the examination of the subjects related to a question paper or confidential instructions for an examination conducted by the Council found owning, keeping or controlling question paper or order or part thereof or any draft, copy or record without lawfully authorized to do so, commits an offence and can be , on conviction, to a fine not exceeding ten thousand ringgit or to imprisonment for a term not exceeding three years or to both.
Permission to claim 29. A prosecution for an offence under this Act shall not be instituted without the consent in writing of the Prosecutor.
30. (Cut by A1267 Act).
Power to make rules 31. The Council may, with the approval of the Minister, make rules — (a) prescribing the syllabus of a particular examination;
(b) prescribing the conditions of entry and award in respect of a specific examination;
(c) regarding the conduct of candidates during the continuance of an examination and for holding the provisions regarding acts of misconduct, such as cheating and posing, and the way to act against persons engaged in acts of misconduct that;
(d) prescribing the fees or charges for any examination conducted by the Council;
28 laws of Malaysia Act 225 (e) prescribing the fees to be paid to the Inspector, the invigilator and others involved organize something specific examination;
(f) prescribing the manner of appeal for scrutinising candidates ' results of a specific examination;
(g) regulate the terms and conditions of service of officers and servants of the Council and to provide about their discipline; and (h) generally for carrying out the provisions of this act better.
Majlis Peperiksaan Malaysia 29 first schedule [section 2] SPECIFIC EXAMINATION 1. Sijil Tinggi Persekolahan Malaysia or, in English, the Malaysian Higher School Certificate Examination.
2. * the Malaysian University English Test. Second Schedule [Subsection 4(4)] ADDITIONAL PROVISIONS RELATING to the appointment of members of the COUNCIL of the terms of appointment 1. (1) appointment of a member of the Council shall, unless his appointment is sooner revoked or he sooner resigns, hold office for such period, not exceeding three years, as may be prescribed by the Yang di-Pertuan Agong in the instrument of appointment.
(2) a member may be re-appointed upon the expiry of his Office.
(3) the appointment of any such member may at any time be revoked by the Yang di-Pertuan Agong without assigning any reason thereof.
(4) a member may at any time resign his Office by letter addressed to the Yang di-Pertuan Agong.
Clear positions 2. Office of a member of Council shall be emptied of appointment — (a) if the member dies; (b) if there has been proved against the Member, or the Member has been convicted of, a charge of — (i) an offence in respect of fraud, dishonesty or moral turpitude;
(ii) an offence under any law regarding * ENTRIES — Malaysian Examinations Council is responsible for organizing the exam "Malaysian University English Test" from 1999. See — P.U. (A) 270/1999 m.b.p. 6 January 1999.
30 laws of Malaysia Act 225 with corruption; or (iii) any other offence may be subject to the law of imprisonment for more than two years;
(c) if the member becomes bankrupt;
(d) if the Member is not of unsound mind or for any other reason is not capable of carrying out its duties;
(e) if the Member does not attend meetings three times in a row without the permission of the Chairman;
(f) in the event of the resignation of the Member That is received by the King; or (g) if the appointment of members is cancelled.
Remuneration and allowances 3. There shall be paid to the members of the Council and members of the Committee and the Sub-Committee appointed under this Act any remuneration or allowance set by the Council with the approval of the Minister.
Meeting 4. (1) the Council shall meet at least once in about every six months.
(2) the quorum for Council is seven.
(3) the Chairman or, if he is not present, a member, who shall be a Vice-chancellor of the University, elected by the members present shall preside at all meetings of the Council.
(4) where on any question to be determined by the Council there are the same number of votes, the Chairman or member of many who chaired the meeting shall have a casting vote in addition to the votes normally.
(5) subject to subparagraph (1), (2), (3) and (4), the Council may regulate its own procedure.
Minute 5. The Council shall cause minutes of all its meetings to be maintained and stored in a proper form.
Majlis Peperiksaan Malaysia 31 laws of MALAYSIA Act 225 Malaysian Examinations Council ACT 1980 LIST AMENDMENT of laws that amend the short title of the Act in force A617 Malaysian Examinations Council Act (Amendment) Act 1985 01-06-1985 Act A1019 Malaysian Examinations Council Act (Amendment) 1998 20-03-1998 P.U. (A) 270/1999 the order of Malaysian Examinations Council (Amendment of first schedule) Order 1999 06-01-1999 Act A1150 Malaysian Examinations Council Act (Amendment), 2002 24-05-2002 A1267 Act Act the Malaysian Examinations Council (Amendment) order 2006 30-09-2010 32 laws of Malaysia Act 225 laws of MALAYSIA Act 225 the Malaysian Examinations Council ACT 1980 LIST SECTION AMENDED Section Power amend with effect from 2 A1019 Act Act Act A617 A1150 01-06-1985 20-03-1998 24-05-2002 4 Act A617 A1150 Act 01-06-1985 24-05-2002 7 Act A1267 30-09-2010 10 A1150 Act 24-05-2002 12a A1150 Act Act Act A617 A1267 01-06-1985 24-05-2002 30-09-2010 14 Act A1150 24-05-2002 15 A1150 Act 24-05-2002 16 Act A1150 24-05-2002 16a A1019 Act 20-03-1998 16B A1019 Act 20-03-1998 16c Act A1019 20-03-1998 16d Act A1019 20-03-1998 16e Act A1019 20-03-1998 16f A1019 Act 20-03-1998 26 Act A617 A1267 Act 01-06-1985 30-09-2010 28 Act A617 A1267 Act 01-06-1985 30-09-2010 30 Act A1267 30-09-2010 Malaysian Examinations Council Power to amend Section 33 in force from 31 Act A1267 30-09-2010 first schedule P.U. (A) 270/1999 06-01-1999 the second Table Act A617 01-06-1985