EDUCATION ACT

PART IV
MISCELLANEOUS AND GENERAL

SECTION

85. Regulations.
86. General regulation-making power.

OFFENCES AND PENALTIES

87. Penalty for obstructing execution of Act.
88. Offences and penalties.
89. Continuing offences and penalties.
     FIRST SCHEDULE.
     SECOND SCHEDULE.

Regulations
85. (1) Every public school shall conform to the standards and comply with such requirements as are prescribed.

(2) Subject to this Act, the Minister may make such Regulations as are necessary or expedient for the due control and administration of assisted schools.

(3) Regulations made under this section may—

(a) as respects assisted schools;

(i) prescribe the course of study;
(ii) provide for the management thereof;

(b) as respects private schools, prescribe the conditions and the manner in which such schools may become public schools.

(4) The Minister may make Regulations providing for the general control, management, organisation and conduct of intermediate schools and intermediate departments attached to secondary schools including the admission of pupils, their attendance and their courses of study.

(5) The control and management of private schools shall be conducted by the persons responsible therefor in accordance with Regulations in that behalf made by the Minister.

(6) The Minister may make Regulations for the control and management of private schools and in particular in respect of the following matters—

(a) the size of class rooms and their equipment, the number of children that may occupy each class room and the necessary toilet facilities to be provided;

(b) the safety, preservation of health and the prevention of the spread of disease among the pupils;

(c) the registers and other records to be kept by proprietors of private schools and the particulars to be supplied to the Minister by them;

(d) the suitability of premises;

(e) the suitability of the curriculum and courses and methods of instruction;

(f) generally, for more effectively carrying out the provisions of this Act respecting private schools.

(7) The Minister may make Regulations for all or any of the following purposes:

(a) defining the branches of further education, and the subjects to be taught in classes in further education, and the course and number of hours of instruction therein, and providing for examinations therein;

(b) providing for the mode in which applications for sums payable in respect of classes, scholarships, subsidies and grants in aid under this Act relating to further education shall be made;

(c) providing for the establishment of bursaries in any subjects of instruction under this Act relating to further education, and prescribing the amounts and tenure thereof, and the conditions subject to which they may be awarded and held;

(d) such other matters as he deems necessary in order to give full effect to the intention of this Act relating to further education.

(8) The Minister may also make Regulations for all or any of the following purposes—

(a) defining the categories of children requiring special education, providing for the mode of determining which children come within any category and for the examination of children who come within that category; and prescribing the general type of special education appropriate to children who come within any category;

(b) prescribing the conditions for the recognition for purposes of financial assistance under section 40 of special classes or services providing special educa- tion or services or facilities supplementing special education;

(c) providing for the expenditure of such money as may from time to time be appropriated by Parliament for the purpose of special education and for the establishment, maintenance and management of special schools, classes, clinics and services established under section 39;

(d) providing for the grading and staffing of special schools, classes, clinics and services providing special education;

(e) providing for the general control, organisation, management and inspection of special schools, classes, clinics and services providing special education and defining the courses of instruction therein;

(f) providing for the training of such teachers for the purposes of special education;

(g) providing for the furnishing of such reports and returns in respect of special schools, classes, clinics and services providing special education as the Minister may from time to time require;

(h) providing for such other matters as may be deemed necessary in order to give full effect to the intention of this Act relating to special education.

(9) The Minister may make Regulations for all or any of the following purposes—

(a) providing for the control, organisation, management and conduct of teachers' colleges;

(b) prescribing the divisions into which students of teachers' colleges are to be classified, and the conditions for the selection of students for those divisions, and for their admission to or continuation in and removal from teachers' colleges in those divisions;

(c) prescribing the courses and curricula for students of the various divisions in teachers' colleges;

(d) providing for the certification of teachers completing courses of training.

(10) For the purpose of administering any Regulations made under subsection (9)(b), the Minister shall have power to remove and to exercise disciplinary control over persons admitted to teachers' colleges in any division.

(11) Subject to this Act, the President may make Regulations for all or any of the following purposes—

(a) prescribing the staff of teachers (including part-time teachers) to be employed in secondary schools and technical institutes;

(b) prescribing conditions of payment of remuneration, increments and fees that may be paid to members of the Teaching Service;

(c) prescribing conditions subject to which leave of absence may be granted to teachers; and authorising, subject to such conditions as may be prescribed, the payment of remuneration, in whole or in part, during such leave;

(d) prescribing rates of allowances that may be paid towards the cost of, or incidental to the removal of members of the Teaching Service on transfer from one school to another;

(e) authorising the making of advances in assistance of teachers' college students during their period of training, and prescribing the conditions as to payment and other conditions subject to which such advances may be made.

(12) Any Regulations made under this section may, in so far as they prescribe any rates of salaries or allowances, be made to come into force before or after the date of the making thereof or on that date.

General regulation-making power
86. The Minister may make regulations generally for the purpose of carrying this Act into effect and in particular for prescribing making power anything that is by this Act required to be prescribed.

OFFENCES AND PENALTIES

Penalty for obstructing execution of Act
87. A person who wilfully obstructs any person acting in the execution of this Act, or of any Regulation, Order or warrant made execution of or issued thereunder is, in any case for which no other provision is made by this Act, liable to a fine of seventy-five dollars and for each subsequent offence to a further fine of one hundred and fifty dollars.

Offences and penalties
88. (1) A person who contravenes any of the provisions of this Act is guilty of an offence, and any person guilty of an offence against this Act, except where the provisions by or under which the offence is created provides the penalty to be imposed, is liable on summary conviction to a fine of seven hundred and fifty dollars, and in the case of a continuing offence to a further fine of seventy- five dollars for each day during which the offence continues after conviction therefor.

(2) Regulations made under this Act may contain provisions for imposing on any person contravening the Regulations, a fine, recoverable on summary conviction of seven hundred and fifty dollars in respect of each offence and, in the case of a continuing offence, a further fine of seventy-five dollars for each day during which the offence continues after conviction therefor.

Continuing offences and penalties
89. Where provision is made by or under this Act for the imposition of a daily penalty in respect of a continuing offence, the Court by which a person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the Court and, where a Court has fixed such a period, the daily penalty shall not be recoverable in respect of any day before the expiration thereof.

Section 53. [205/1976 211/1976 113/1977 200/1977 201/1977 120/1978 52/1979]

FIRST SCHEDULE

CLASSIFICATION OF OFFICERS IN THE TEACHING SERVICE
Where not otherwise specified the classifications of posts in this Schedule have effect as from 1st January 1974
(by virtue of G.N. 204/1976).
PROFESSIONAL AND ADMINISTRATIVE OFFICERS
DIVISION I
Post not in Schools

DIVISION II
Teaching Post in Schools or Institutions

SECOND SCHEDULE

MATTERS TO BE PROVIDED FOR IN THE RULES OF AN ASSOCIATION
FORMED PURSUANT TO SECTION 73(2) OF THE ACT AND OF AN EXISTING ASSOCIATION

1. The name of the Association and the place of meeting for its business.

2. The whole of the objects for which the Association is to be established, the purposes for which its funds shall be applicable, and the conditions under which any member may become entitled to any benefit assured thereby, and the fines and forfeitures to be imposed on any member of the Association.

3. The manner of making, altering, amending and rescinding rules.

4. A provision for the appointment and removal of a general committee of management, of a trustee, treasurer and other officers.

5. A provision for the investment of the funds, and for an annual or periodical audit of accounts.

6. The inspection of the books and names of members of the Association by every person having an interest in its funds.

7. The manner of dissolution.

8. The protection of voting rights of members of the Associa- tion and the general conduct of elections.

9. The powers, duties and functions of the Executive Commit- tee of the Association.

10. Disputes between members of the Association and the Executive Committee thereof. 11. A prohibition against admission to membership with respect to a member of the Teaching Service who is a member of an appropriate recognised association.