The Borneo Post

‘School boards of management need not register with MoE, education dept’

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KUCHING: No school board of management is required to register with the Ministry of Education ( MoE) or with education department­s in various states as stipulated under the Education Act 1996.

In pointing this out, Associatio­n of the Boards of Management of Aided Chinese Primary Schools Kuching, Samarahan and Serian Divisions president Jonathan Chai said he could not fathom the recent directive issued by the Melaka education department.

The department, in a directive, recently informed boards of national-type Chinese schools that they were no longer required to register with the department.

The issue was highlighte­d by a national Chinese daily in its publicatio­n yesterday.

“I don’t know what all the fuss is about. I read about the news too, about the directive given by the Education Department of Melaka to the effect that board of management of SJK(C) (nationalty­pe Chinese schools) in the state will no longer be required to register with the department.

“I see nothing wrong with that directive because under the provisions of the Education Act 1966, it is the board members who shall be required to register on an individual basis and not the entire board itself,” he said when contacted yesterday.

Chai, a lawyer by profession, said if the directive referred to the board of management, then the authority concerned probably only highlighte­d the issue as prescribed by the prevailing law.

According to him, the legal status of the board is accorded by Section 53 of the Education Act 1996.

“No one can take that away unless the law is amended. And under Section 88 of the Act, the members of the board are required to register with the Education Department but not the board itself.

“But to the best of my knowledge, we have not received any such directive in Sarawak,” he added.

Section 53 of the Act, which comes with four subsection­s, touches on ‘instrument of government for educationa­l institutio­ns’.

Subsection (1) reads ‘Subject to the provisions of this Act, every educationa­l institutio­n shall have an instrument of government.’

Subsection ( 2) reads ‘ Every instrument of government shall provide for the constituti­on of a board of governors, with a chairman, for the management of the educationa­l institutio­n by the governors in a manner not inconsiste­nt with this Act and any regulation­s made under this Act’.

Subsection (3) reads ‘Subsection (1) shall not apply to government educationa­l institutio­ns except a national-type school and schools to be determined by the Minister’.

Subsection (4) reads ‘ Every instrument of government shall be made, amended or revoked in such manner as may be prescribed’.

Meanwhile, Section 88 of the Act carries two subsection­s: (1) Every person who acts as a governor or employee of an educationa­l institutio­n shall be registered as a governor or employee, as the case may be, in respect of the educationa­l institutio­n. ( 2) An applicatio­n for registrati­on as a governor or employee of an educationa­l institutio­n shall be in the prescribed form.

 ??  ?? Jonathan Chai
Jonathan Chai

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