THE DRAFTING PROCESS OF THE EDUCATION ACT

LEGAL ASPECTS OF
EDUCATION
Topic 5
THE DRAFTING PROCESS
OF THE EDUCATION ACT
1

THE DRAFTING PROCESS OF THE EDUCATION ACT

THE DRAFTING PROCESS OF THE EDUCATION ACT

UNIT STRUCTURE

5.1 CABINET PAPER ON THE AMENDMENT OF EDUCATION ACT

5.2 THE ROLES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE
5.3 EDUCATION ACTS IN MALAYSIA
5.4 1961 EDUCATION ACT
5.4.1 The Principles Of Education Act 1961
5.4.2 The Methodology - KBSR
5.4.3 More About The Activities In KBSR
5.4.4 The Issues Related To KBSR
5.5 1996 EDUCATION ACT
5.6 HIGHER EDUCATIONAL INSTITUTE ACT
5.7 NATIONAL HIGHER EDUCATION FUND AGENCY ACT (ACT 566) 1997
5.8 NATIONAL ACCREDITATION BOARD (LAN)

THE DRAFTING PROCESS OF THE EDUCATION ACT

THE DRAFTING PROCESS OF

TOPIC

LEARNING OUTCOMES

Upon completion of this topic, you should be

able to:
Describe the cabinet paper on the
amendment of the Education Act
Explain the roles of the house of
representatives and the Senate
Illustrate the various Education Acts in
Malaysia
Explain the following:
A) 1961 Education act
B) 1996 Education Act
C) Higher Educational Institute act
D) National Higher Educational Fund
Agency Act
Discuss the National Accreditation
4

INTRODUCTIO N

Education is not preparation for life; education is life itself- John Dewey 1

The drafting process of Education Act was one of the major milestones in the history of
Malaysia, which involved many amendments and approvals. Both the Senate and the
representatives had their roles to play.
We look into the history of the Malaysian Education System by citing different
education Acts and explaining each of these, one by one.

5.1

CABINET PAPER ON THE AMENDMENT OF THE

EDUCATION ACT

It is essential to clarify how the countrys political and social structures work to understand the
policy formulation in Malaysia.
Though Malaysian political system has its roots in Parliamentary democracy, His Majesty the
Supreme Head of the country who is Yang Di-Pertuan Agong rules it as Constitutional
Monarchy.
The social and the political systems are closely associated with the formulation of Public
Policy. Thus bringing the public policy into realisation is complex as it involves a decisionmaking by the interested parties.
Political channel, administrative processes and the integrated interaction are the three main
processes that can be combined or used separately to create and formulate public policy.
Process 1 implies that the policy is initiated by the Cabinet.It could also be initiated on the
recommendations of several ministers in the party. Process 2 means the ministerial level,i.e.,
there are implications for policy of the administration so the policy is drafted and then
discussed at government meets. The last process involves combining the two processes
mentioned above. That is called integrated interaction.
Here several committees can also be set up to study a policy deeply, before its presentation to
the cabinet
As also, discussed earlier policymaking is an ongoing process that has many activities like
Identifying the upcoming problems, recommending alternatives, implementing action policy
and finally gauging the effectiveness of the policy.
Now back to the education policy of Malaysia.
The special committee who had proposed several recommendations initiated the policy.
Minister and public administrators reviewed the policy. Finally, the proposed policy after
several inputs by the experts in the particular field was put forth to the Cabinet for its
approval. The then cabinet comprised of the ministers. Thus once the decision was taken it was
implemented at large by the nation.
6

Similarly, Education Act 1996 was drafted on the lines of the Education policy.
The public administrators at MoE with the help of expertise from Attorney Generals Office
prepared two drafts of the policy. A draft along with the memorandum of justifying the
education bill was sent for suggestions to the ministries. The Bill was prepared, and it
contained many amendments to the existing law at that time. MoE then approved to forward it
to the Cabinet. When the Cabinet approved it, it was conveyed to the Ministers and the related
Ministries.

5.2

THE ROLES OF THE HOUSE OF REPRESENTATIVES

AND THE SENATE

The MoE then went ahead to get a notice of Presenting the bill to the House of
Representative and the Senate Office. The merits of the bill were debated. This bill
got approval, was passed by both the houses by a majority of 2/3rd of the votes,
and was finally submitted to His Majesty the Yang di-Pertuan Agong. After the
Royal Assent by Him, the bill became law.

5.3

EDUCATION ACTS IN MALAYSIA

The various Education Acts in Malaysia gradually came into the existence and
were amended with the aim of adding more provisions to the existing one.
All this was part of the ongoing efforts to make Malaysia a leader in the field
of Education globally.
An in-depth description of the various Acts has been provided in Chapter 4
under the section, The History of Drafting of the 1961-1996 Education Acts'.
Here we present you just an overview of the various Acts.
A) The Education Act 1961
B) The Education Act 1996
C) The Private Higher Education Act 1996
7

D) The National Accreditation Board Act 1996.

E) Universities and University Colleges Act,1996

ACTIVITY
Discuss in brief the political set up in Malaysia
and its bearings over policy formulation.

5.4

1961 EDUCATION ACT

Let us now examine the concept and formation of Education Act 1961.
First, it is essential to know that the Rahman Talib Report 1960 was the
basis of the formation of the framework of Education Act 1961.
Razak Report 1956 is the backbone for the Rahman Talib Report 1960. Thus,
it led to the formation of Education Act 1961.
5.4.1

The Principles Of Education Act, 1961

Let us understand what the Education Act 1961 is:o

It meant free compulsory primary education for all.

It allowed primary schooling, to branch into two: Sekolah Kebangsaan and

Sekolah Jenis Kebangsaan

Compulsory schooling till the age of 15

Automatic promotions to the next level.

A mandatory number of students opting for subject Agama Islam should be

minimum 15.
8

Value Education is a must for all.

This KBSR is divided into 3 phases:

Phase 1: It comprises of Form 1-3. Here the emphasis is on the communication skills of reading,
writing and arithmetic which are called the three Rs.

Phase 2: It comprises of form 4-6. This phase builds upon the basic skills and enhances the
logical reasoning.

5.4.2

The Methodology - KBSR

KBSR has a distinctive model of working. This model is an activity-based model

wherein the students undergo a range of activities.
Here the learning of a subject is Doing. In other words, role-plays, demonstrations,
play an important role. This methodology is inclusive, interacting and involving.
The teacher acts as a mere facilitator than being a guide.

DID YOU KNOW

KBSR stands for Kurikulum Bersepadu Sekolah Rendah
whereas KSSR means Kurikulum Standard Sekolah Rendah.

5.4.3

More About The Activities In KBSR

KBSR is an activity and task oriented methodology

9

Activities should be well planned, to achieve the purpose of the learning

objective.

Activities should not be text-centric, rather a task-based activity plays a major

role in this.

This also means that the learner concentrates more on the

performance part.
o

Activities should be meaningful, value-based authentic activities to be

incorporated so that the objective of KBSR is fulfilled.

5.4.4

Activities should be varied and obviously learner centric.

The issues related to KBSR

KBSR was introduced in the year 1983; given the time frame of more than two
decades the curriculum does not find relevance in todays world and hence
been restructured into KSSR.
In this fast-paced world of technology, the study of technology and its varied
uses should be included in the curriculum.
Knowledge and skills play a role as important as the qualities of character and
leadership. These need to be incorporated into todays curriculum. So the
provisions of KSSR.

ACTIVITY
State the meaning of the term KSSR. Explain
10

how it is different from the philosophy of KBSR.

5.5

1996 EDUCATION ACT

Education
LAWS OF MALAYSIA
Act 550
EDUCATION ACT 1996
An Act to provide for education and for matters connected therewith.
[31 December 1997, P.U. (B) 541/1997]
WHEREAS acknowledging that knowledge is the key determinant
of the destiny and survival of the nation:
AND WHEREAS the purpose of education is to enable the Malaysian
society to have a command of knowledge, skills and values necessary
in a world that is highly competitive and globalised, arising from
the impact of rapid development in science, technology and
information:
AND WHEREAS education plays a vital role in achieving the
countrys vision of attaining the status of a fully developed nation
in terms of economic development, social justice, and spiritual,
moral and ethical strength, towards creating a society that is united,
democratic, liberal and dynamic:
AND WHEREAS it is the mission to develop a world-class quality
education system which will realise the full potential of the individual
and fulfill the aspirations of the Malaysian nation:
11

AND WHEREAS the National Education Policy is based on the

National Philosophy of Education which is expressed as follows:
Education in Malaysia is an ongoing effort towards further
developing the potential of individuals in a holistic and integrated
manner so as to produce individuals who are intellectually, spiritually,
emotionally and physically balanced and harmonious, based on a
firm belief in and devotion to God. Such an effort is designed to
produce Malaysian citizens who are knowledgeable and competent,
who possess high moral standards, and who are responsible and
capable of achieving a high level of personal well-being as well
as being able to contribute to the betterment of the family, the
society and the nation at large:

AND WHEREAS the above policy is to be executed through

a national system of education which provides for the national language
to be the main medium of instruction, a National Curriculum and
common examinations; the education provided being varied and
comprehensive in scope and which will satisfy the needs of the
nation as well as promote national unity through cultural, social,
economic and political development in accordance with the principles
of Rukunegara:
AND WHEREAS it is considered desirable that regard shall be
had, so far as is compatible with that policy, with the provision
of efficient instruction and with the avoidance of unreasonable
public expenditure, to the general principle that pupils are to be
educated in accordance with the wishes of their parents:
12

NOW, THEREFORE, 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

PRELIMINARY

Short

title

and

commencement 1. This Act may be cited as the Education Act 1996

and shall come into force on a date to be appointed by the Minister
by notification in the Gazette, and the Minister may appoint
different dates for different provisions of this Act. Interpretation 2.
In this Act, unless the context otherwise requires age, in
relation to a pupil, means the age attained by the pupil on the first
day of the first month of the school year in question; Education 15
appointed date means the date of coming into force of this Act;
approved fees means fees approved by the Minister; Assistant
Registrar means an Assistant Registrar of Educational Institutions
or Assistant Registrar of Teachers, as the case may be, appointed
under subsection 5(3); capital grant means a payment from
public funds to an educational institution for (a) the provision of
buildings; (b) the alteration to or extension of existing premises;
(c) the provision of furniture or equipment for new, altered or
extended

premises;

or

(d)

such

other

purposes

as

may

be

prescribed; Chief Inspector means the Chief Inspector of Schools

appointed under subsection 6(1); Chinese language means the
form of the Chinese language commonly known as Mandarin;
compulsory

education

means

primary

education

which

is

prescribed to be compulsory education under subsection 29A(1);

correspondence means correspondence delivered by hand or by
post; correspondence school means an organization or institution
providing instruction or teaching by means of correspondence;
13

Director of Education means a Director of Education of a State or

Federal Territory appointed under section 4; Director General
means the Director General of Education appointed under section
3; 16 Laws of Malaysia ACT 550 distance education centre means
a place, an organization or an institution providing instruction or
teaching (a) exclusively through the medium of electronics; (b)
exclusively through correspondence; (c) partly through the medium
of electronics and partly through correspondence or other methods
of instruction; or (d) partly through the medium of electronics and
partly

through

correspondence

and

other

methods

of

instruction; Education Officer, in relation to a district or an area,

means an education officer appointed under paragraph 4(b);
Education Service means a public service under paragraph (h) of
Clause (1) of Article 132 of the Federal Constitution; 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; 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;

extension education means a full-time or part-time education for

persons who are not following the usual course of study at an
educational institution; Education 17 government school or
government

educational

institution

means

school

or

an

educational institution established and fully maintained by the

14

Minister under Part IV; government-aided school or governmentaided educational institution means a school or an educational
institution
governor

in

receipt

means

of

capital

person

grant

who

is

and

full

grant-in-aid;

empowered

under

an

instrument of government to administer or manage an educational

institution; grant-in-aid means any payment from public funds,
other than a capital grant, made to an educational institution;
higher

education

means

education

provided

by

higher

educational institution; higher educational institution means an

educational institution providing higher education leading to the
award of a diploma, degree or the equivalent thereof; institute of
teacher education means an educational institution providing
teacher education leading to the award of a certificate, a diploma,
a

teaching

degree

or

the

equivalent

thereof,

or

any

other

qualification as prescribed; instrument of government means an

instrument

of

government

as

specified

in

section

53;

kindergarten means any place where pre-school education is

provided to ten or more pupils; lower secondary education means
a three-year course appropriate for a pupil who has completed
primary education;4 National Curriculum means such curriculum
as may be prescribed; national language means the Malay
language as stipulated in Article 152 of the Federal Constitution; 18
Laws of Malaysia ACT 550 national school means a government or
government-aided primary school (a) providing primary education
appropriate for pupils from the age of six years; (b) using the
national language as the main medium of instruction; (c) in which
the English language is a compulsory subject of instruction; and (d)
in which facilities for the teaching of (i) the Chinese or Tamil
language shall be made available if the parents of at least fifteen
pupils in the school so request; and (ii) indigenous languages shall
be made available if it is reasonable and practicable so to do and if
the parents of at least fifteen pupils in the school so request;
15

national secondary school means a government or government

aided secondary school (a) providing a five-year course of
secondary

education

appropriate

for

pupils

who

have

just

completed primary education; (b) using the national language as

the main medium of instruction; (c) in which the English language
is a compulsory subject of instruction; (d) in which facilities for the
teaching of (i) the Chinese or Tamil language shall be made
available if the parents of at least fifteen pupils in the school so
request; (ii) indigenous languages shall be made available if it is
reasonable and practicable so to do and if the parents of at least
fifteen pupils in the school so request; and (iii) Arabic, Japanese,
German or French or any other foreign language may be made
available if it is reasonable and practicable so to do; and Education
19

(e)

preparing

pupils

for

such

examinations

as

may

be

prescribed, and includes any such school providing a transition

class; national-type school means a government or governmentaided primary school (a) providing primary education appropriate
for pupils from the age of six years; (b) using the Chinese or Tamil
language as the main medium of instruction; and (c) in which the
national

and

English

languages

are

compulsory

subjects

of

instruction; parent includes a guardian and any person who has

the legal or actual control of a pupil; place means any place,
whether public or private; post-secondary education means
education

provided

to

person

who

has

completed

upper

secondary education, but does not include higher education; preschool curriculum means the National Pre-school Curriculum
prescribed

by

the

Minister

under

section

22;

pre-school

education means an educational programme for pupils from the

5

ages of four to six years; premises means any building used as

an educational institution and includes any building for the purpose

of providing accommodation and other facilities for pupils and staff
of the institution but does not include any land occupied therewith;
16

prescribed means prescribed by regulations made under this Act;

primary education means a course of study at primary level
which is designed for a duration of six years but which may be
completed within five to seven years; 20 Laws of Malaysia ACT 550
6

primary school means a school providing primary education

appropriate for pupils from the age of six years; private school or
private educational institution means a school or an educational
institution which is not a government or government-aided school
or educational institution; pupil means a person of any age for
whom education or training is being provided in an educational
institution; registered teacher means any teacher registered
under this Act; Registrar means the Registrar of Educational
Institutions and Teachers appointed under subsection 5(3) and
includes the 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 7and Teachers appointed under
subsection 5(2); school means a place where ten or more persons
are habitually taught whether in one or more classes, but does not
include any place where the teaching is confined exclusively to the
teaching of any religion; secondary education means education
comprising

lower

secondary

and

upper

secondary

education;

secondary school means a school providing secondary education

appropriate for a pupil who has just completed primary education;
special education means education that caters for pupils with
special needs; special school means a school providing special
education as prescribed by regulations made under section 41;
State Authority means the Ruler or Yang di-Pertua Negeri of a
State and, in the case of a Federal Territory, the Yang diPertuan
Agong; Education 21 8teacher 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
17

education centre, and includes a head teacher or principal;

transition class means a class in a secondary school providing
one year of instruction to pupils from a primary school using a
language other than the national language as the medium of
instruction prior to the commencement of the lower secondary
education; upper secondary education means education suitable
to the abilities and aptitudes of a pupil who has completed lower
secondary education.

Explanation of Education Act 1996: The primary legislation that governs the
education In Malaysia is Education Act 1996. This Act is concerned with regulating
the education and related matters in a legal manner.

This Act acknowledges and regards knowledge as an attribute that determines the
destiny and the survival of the country. It is the strength of a nation, as observed
from the developed countries. It is a key determinant that decides the ranking of
the nation in the world charts.

This Act states that the main purpose of educating the countrymen of Malaysia is to
build a society that has commanding knowledge, skill sets and at the same time
instill values that are essential for a nation to become a part of the globalization and
stand firm in the world of competition. The purpose is also to keep pace with the
rapid development in the varied fields of science & technological development.

The Act aims to provide Malaysia with the status of a developed nation with
regards to economic development and social justice. It also aims to lay the bricks

18

towards strengthening of spiritual, moral and ethical growth of the nation to create
a liberal and dynamic society that exhibits unity and democracy.

The mission of the Act is directed to make Malaysia a world-class education center
by realizing the potential of each, thus fulfilling the aspiration of Malaysia.

The National Educational Policy has its roots in the National Philosophy of
Education, which is illustrated as follows:
National Philosophy OF education is the continuous effort of the nation, which is
directed towards the overall holistic and integrated development of the potential of
the nation. It aims to build a nation that is intellectually, mentally, spiritually and
physically balanced and has a firm belief and devotion to God.

This is in tandem with the objective for nation building with knowledgeable and
competent citizens who have high moral standards and are responsible and
desirous of bettering themselves and ultimately constructing a nation with a better
society.
The Act and the policy states and recommends the national language to be the
main medium of instruction, curriculum and examinations as well to construct and
develop a national system of education. It defines the scope of the education
provided such that it promotes a sense of national unity in the pupils thus walking
on the path of social, economic and political development.
The last but one point explains that the pupils be educated according to the wishes
of the parents.

19

This is the gist of the Education Act 1996 Act 550, which also defines the various
terms or keywords. These keywords are to be read from the law.

5.6

HIGHER EDUCATIONAL INSTITUTE ACT

An Act to provide for the establishment, registration, management and

supervision of, and the control of the quality of education provided by,
private higher educational institutions and for matters connected therewith.
[Sections 2, 21 & 221 October 1996, P.U. (B) 427/1996; The remainder
31 December 1997, P.U. (B) 542/1997] WHEREAS higher education plays an
important role in realizing the vision towards academic excellence and
professional and technical enhancement whilst meeting the manpower
needs of the nation: AND WHEREAS recognizing the role of private higher
educational institutions in providing sufficient educational infrastructure as
well as increasing the capacity to meet the demand for higher education:
AND WHEREAS it is imperative to facilitate and regulate private higher
educational institutions so as to ensure its healthy development and the
provision of quality education: NOW, THEREFORE, 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: 12 Laws of Malaysia ACT 555 PART I
PRELIMINARY Short title and commencement 1. This Act may be cited as the
Private Higher Educational Institutions Act 1996 and shall come into force
on a date to be appointed by the Minister by notification in the Gazette, and
the Minister may appoint different dates for different provisions of this Act.
Interpretation 2. In this Act, unless the context otherwise requires
affiliation includes the conduct of twinning programmes;

10

applicant for

the purpose of an approval for the establishment of a private higher

20

educational institution, means a company locally incorporated or otherwise;

approval means approval in writing; Assistant Registrar means an
Assistant Registrar of Private Higher Educational Institutions appointed
under subsection 3(2); audit means an evaluation of a private higher
educational institution which is carried out in accordance with section 64A;
board of directors means a board of directors of a company establishing a
private

higher

educational

institution;

book

includes

record

of

information and an account or accounting record, however compiled,

recorded or stored; branch means a branch of a private higher
educational institution established under this Act; branch campus means
a branch of a private higher educational institution with the status of a
University or a University College and Private Higher Educational Institutions
13 includes a branch of a foreign University or a University College, that is
established under this Act; Campus, in relation to a private higher
educational institution, means the registered premises of the private higher
educational

institution;

certificate

means

the

academic

distinction

awarded on a person after successful completion by the person of a course

of study which is designed to lead to the award of such certificate or the
equivalent thereof; chief executive means a chief executive of a private
higher educational institution; company means a company incorporated
under the Companies Act 1965 [Act 125] establishing a private higher
educational institution under this Act; constituent documents means the
statute, charter, memorandum and articles of association, rules and by-laws,
partnership agreement or other instruments under or by which an applicant
for the establishment of a private higher educational institution, is
established and wherein its governing and administrative structure, the
scope of its functions, business, powers and duties are set out, whether in
one or more documents; constitution in any context relating to a private
higher educational institution means the constitution of the private higher
educational institution; correspondence means correspondence delivered
by hand or by post; course of study means either a single course or a set
of related courses leading to the award of a certificate, diploma or degree
21

upon the successful completion thereof; degree means the degree

awarded on a person at a Bachelor level or a Masters level or a Doctorate
level after successful completion of a course of study which is designed to
lead to the award of such degree or the equivalent thereof; 14 Laws of
Malaysia

11

ACT 555 Deputy Registrar means the Deputy Registrar of

Private Higher Educational Institutions appointed under subsection 3(2);

Deputy Registrar General means the Deputy Registrar General of Private
Higher Educational Institutions appointed under subsection 3(2); diploma
means the diploma awarded on a person after successful completion of a
course of study which is designed to lead to the award of such diploma or
the equivalent thereof; and includes an advanced diploma; distance
education means instruction or training on or teaching of higher education
(a) exclusively through the medium of electronics; (b) exclusively through
correspondence; (c) partly through the medium of electronics and partly
through correspondence and other methods of instruction, training or
teaching; or (d) partly through the medium of electronics and partly through
correspondence or other methods of instruction, training or teaching;
higher education means instruction or training on or teaching of a course
of study leading to the award of a certificate, diploma or degree upon the
successful completion thereof; national language means the Malay
language as stipulated in Article 152 of the Federal Constitution; premises
means a building used as a private higher educational institution and
includes a building for the purpose of providing accommodation and other
facilities for students and staff of such institution; prescribed means
prescribed by regulations made under this Act; prescribed fee means the
fee required to be prescribed under this Act; Private Higher Educational
Institutions

15

private

higher

educational

institution

means

an

organization or educational institution, including a University or a University

College or a branch campus, approved and registered under this Act, which
is not established or maintained by the Government (a) providing higher
education; (b) providing distance education; or (c) providing higher
education or distance education in affiliation, association or collaboration
22

with (i) a private higher educational institution approved and registered

under this Act; (ii) other higher educational institutions (aa) whether or
not established under other written laws; or (bb) whether within or outside
Malaysia; (iii) a University or University College established under this Act;
(iv) a University or University College established under the Universities and
University Colleges Act 1971 [Act 30]; (v) other Universities or University
Colleges (aa) whether or not established under other written laws; or (bb)
whether within or outside Malaysia; (vi) a branch campus; or (vii) a
professional body whether within or outside Malaysia leading to the award
of

12

professional membership of such professional body; registrable

offence has the meaning assigned to it in the Registration of Criminals and

Undesirable Persons Act 1969 [Act 7]; 16 Laws of Malaysia ACT 555
Registrar means the Registrar of Private Higher Educational Institutions
appointed under subsection 3(2); Registrar General means the Registrar
General

of

Private

Higher

Educational

Institutions

appointed

under

subsection 3(1); student means a registered student, other than a student

at an institution allied to the private higher educational institution, who is
following a course of study, instruction, training or research of any
description at the preparatory, under-graduate, post-graduate or postdoctoral level on a full-time or part-time basis in, by or from the private
higher educational institution and includes a distance-learning, off-campus,
exchange and non-graduating student; teacher means a person employed
by a private higher educational institution to be a teacher and includes a
senior professor, professor, assistant professor, senior lecturer, lecturer,
assistant lecturer and tutor; University and University College mean a
private higher educational institution conferred with the status of a
University or University College under section 21, and include such private
higher educational institution which is affiliated to a University or University
College whether within or outside Malaysia, conferred with the status of a
University or a University College.

23

Explanation of the Act: This is an Act, which lays legal provisions for
establishment registration and management along with the supervision of the
education provided by the private Higher Educational Institutions and controls the
quality of the education facilitated by the same.

This Act plays a major role in bringing out the academic excellence along with the
professional and technical enhancements while at the same time catering to the
work force needs of Malaysia.
The Act confers the role of providing adequate educational infrastructure to the
private educational institutions. It also adds to the role where they are required, to
increase the capacity as and when the demand for higher education increases.

The Act states that it is imperative for the higher educational institute to facilitate
and regulate the healthy development and quality of education.

The definitions of various terms as should be understood in the context of the Act
are further explained in the Act.

DID YOU KNOW

The Ministry of Higher Education (MOHE) is a
cabinet ministry of Malaysia.
Jabatan Pengajian Tinggi is the department of
higher education. The department manages both
the public and the private institutes of higher
education.
24

5.7

NATIONAL HIGHER EDUCATION FUND

AGENCY ACT (ACT 566) 1997

Act566:-PERBADANAN13TABUNG PENDIDIKAN TINGGI NASIONAL ACT 1997

An Act to establish the Tabung Pendidikan Tinggi Nasional, to incorporate
the Perbadanan Tabung Pendidikan Tinggi Nasional, and to provide for
related matters. [1 July 1997, P.U.(B)255/1997] 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 Perbadanan Tabung Pendidikan Tinggi Nasional Act 1997. (2)
This Act shall come into force on such date as the Minister may appoint by
notification in the Gazette. Interpretation 2. In this Act, unless the context
otherwise requires Board means the Board of Management established
under section 7; 8 Laws of Malaysia ACT 566 Chairman means the
Chairman

of

the

Board

appointed
25

under

paragraph

7(2)(a);

Chief

Executive means the principal executive officer of the Perbadanan

appointed under section 33; committee means a committee established
under section 17; deposits means the deposits received by the
Perbadanan under section 11; educational loan means a loan approved
and paid out by the Perbadanan to a student under this Act; higher
educational institution means (a) an institution of learning which
provides education leading to the award of a diploma, degree or the
equivalent of a diploma or degree established under (i) the Universities
and University Colleges Act 1971 [Act 30]; (ii) the Universiti Teknologi MARA
Act 1976 [Act 173]; and (iii) the Private Higher Educational Institutions Act
1996 [Act 555]; (b) a polytechnic established and maintained by the
Minister under the Education Act 1996 [Act 550]; and (c) any other higher
educational institution established or deemed to have been established
under the Education Act 1996 and which is determined by the Minister to be
a higher educational institution for the purposes of this Act; Fund means
the Tabung Pendidikan Tinggi Nasional established under section 3;
14

Inland Revenue Board means the Inland Revenue Board of Malaysia

established under section 3 of the Inland Revenue Board of Malaysia Act

1995 [Act 533]; Perbadanan Tabung Pendidikan Tinggi Nasional 9 Minister
means the Minister responsible for Education; Perbadanan means the
Perbadanan Tabung Pendidikan Tinggi Nasional established under section 5;
recipient student means a student to whom has been approved, and who
is in receipt of, an educational loan under this Act; student means a
person receiving education, instruction or training of any description on a
full-time or part-time basis from or in a higher educational institution.

The National Higher Education Fund OR PTPTNi.e., Perbadanan Tabung

Pendidikan Tinggi Nasional was established under the Act called as National
Higher Education Act 1997, which was for providing a loan to the eligible students
who study in higher educational institutions. It also aims at providing the various
saving schemes and managing the funds for higher education.
26

The functions of the funds are to grant an educational loan to provide financial
assistance to the students and provide the services related to administration,
monitoring and collection of repayments of the loans. It also collects deposits and
as stated before aims at designing various schemes.

The eligibility criteria for the PTPTN Loan is best explained in figure 5.1
N ot a foundation p rogram m e but a fu ll ti m e program m e

Regis tere d Intake

Eligibility crite ria f or PTP TN Loan

P rogram m e du ration> 1 year

M alay sian Ci tizen

< 45 y ears of ag e

Fig. 5.1 Eligibility criteria for the PTPTN Loan

5.8

NATIONAL ACCREDITATION BOARD (LAN)

LAWS OF MALAYSIA Act 556:- 15LEMBAGA AKREDITASI NEGARA ACT 1996 An

Act to establish the Lembaga Akreditasi Negara and to provide for its
functions and power and for matters connected therewith. [15 May 1997,
P.U. (B) 193/1997]
27

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. This Act may be cited as the
Lembaga Akreditasi Negara Act 1996 and shall come into force on a date to
be appointed by the Minister by notification in the Gazette, and the Minister
may

appoint

different

dates

for

different

provisions

of

this

Act.

Interpretation 2. In this Act, unless the context otherwise requires

accreditation means a formal recognition of the fact that the certificates,
diplomas and degrees awarded by private higher educational institutions, or
by other educational institutions or professional bodies consequent upon a
course of study or training programme conducted by a private higher
educational institution jointly or in affiliation, association or collaboration
with such other educational institutions or professional bodies, are in
accordance with the standard set by the Lembaga; 8 Laws of Malaysia ACT
556 certificate means the academic distinction awarded on a person after
successful completion by the person of a course of study which is designed
to lead to the award of such certificate or the equivalent thereof;
Chairman means the Chairman of the Lembaga appointed under
paragraph 5(1)(a); chief executive means the chief executive of the
Lembaga who is also the Chairman; committee

16

means a committee

established under section 8; course of study means a course of study,

including a training programme, conducted by a private higher educational
institution; degree means the academic distinction awarded on a person
at a Bachelor level or a Masters level or a Doctorate level after successful
completion by the person of a course of study which is designed to lead to
the award of such degree or the equivalent thereof; diploma means the
academic distinction awarded on a person after successful completion by
the person of a course of study which is designed to lead to the award of
such diploma or the equivalent thereof; fund means the fund established
under section 30; Lembaga means the Lembaga Akreditasi Negara
established under section 3; member means a member of the Lembaga;
28

Minister means the Minister charged with the responsibility for education;
private higher educational institution means a private higher educational
institution established or deemed to have been established under the
Private Higher Educational Institutions Act 1996 [Act 555]; professional
means a person whose profession is regulated by a legislation relating to
the registration thereof; Lembaga Akreditasi Negara 9 Secretary means
the Secretary of the Lembaga appointed under section 14

Functions of Lembaga Akreditasi Negara, which is also called The National

Accreditation Board, are as follows:

A) LAN was established to formulate several policies to set some standard for the
courses of study as well as for the certificates, diplomas and degrees as well.
B) It also is directed towards quality control.
C) It is established, intending to set, monitor and further review the standard of
the courses of study and thus facilitate for accreditation of certificates, diplomas
and degrees.

It also determines the extent of achievement in Malaya the national language

and the compulsory subjects defined in the Private Higher Educational
Institutions Act 1996, which is considered as a prerequisite to confer the
certificates and award the diplomas or degrees.

It also functions to advise and to make recommendations to the Minister on the

process of approval of courses to be taught and conducted by the private higher
educational institutions depending upon the suitability of infrastructure and
the standard of the courses.

29

It also has the power to expedite on some aspects that are related to the
performance of its functions such as imposing fees, as it is suitable for
facilitation of any of the functions.

DID YOU KNOW

The 14th and current Yang di-Pertuan Agong is
Sultan Abdul Halim of Kedah.

The drafting process of Education Act was one of the

major milestones in the history of Malaysia, which

CHECK YOUR PROGRESS

involved many amendments and approvals. Both the

Describe the need for LAN or National

Accreditation Board.

senate and the representatives had their roles to play.

We looked into the history of the Malaysian Education

System first by understanding how the previous Education

Act was formulated, presented and Implemented. We also

SUMMARY

learnt the various Education Acts of Malaysia in detail.

30

KEY TERMS
LAN - Lembaga Akreditasi Negara
PTPTN- PERBADANAN TABUNG PENDIDIKAN TINGGI NASIONAL ACT
KSSR- Kurikulum Standard Sekolah Rendah
KBSR- Kurikulum Bersepadu Sekolah Rendah
Education Policy
Education Acts
National Educational Philosophy
Higher Education

EXERCISES
SHORT ANSWER QUESTIONS
1. State the eligibility criteria to avail the PTPTN Loan.
2. Explain the reason behind restructuring KBSR methodology into KSSR.
3. Write a brief note on the important features of the Education Act, 1961.
LONG ANSWER QUESTIONS
1. Describe the various education Acts in Malaysia.
2. Describe the roles of the Senate and the House of Representatives in Policy
formulation.

31

NOTES

32

1REFERENCE
: Education is not preparation for life; education is life ... (n.d.). Retrieved from
http://www.brainyquote.com/quotes/quotes/j/johndewey154060.html

2Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from

http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
3Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from
http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
4Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from
http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
5Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from
http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
6Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from
http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
7Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from
http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
8Education Act 1996 - IIEP UNESCO. (n.d.). Retrieved from
http://planipolis.iiep.unesco.org/upload/Malaysia/Malaysia_Education_Act_19
96.pd
9 LAWS OF MALAYSIA - AGC. (n.d.). Retrieved from
http://www.agc.gov.my/Akta/Vol.%2012/Act%20555%20-%20Private
%20Higher%20Educatio
10LAWS OF MALAYSIA - AGC. (n.d.). Retrieved from
http://www.agc.gov.my/Akta/Vol.%2012/Act%20555%20-%20Private
%20Higher%20Educatio
11LAWS OF MALAYSIA - AGC. (n.d.). Retrieved from
http://www.agc.gov.my/Akta/Vol.%2012/Act%20555%20-%20Private
%20Higher%20Educatio
12LAWS OF MALAYSIA - AGC. (n.d.). Retrieved from
http://www.agc.gov.my/Akta/Vol.%2012/Act%20555%20-%20Private
%20Higher%20Educatio
13LAWS OF MALAYSIA. (n.d.). Retrieved from
http://jpt.mohe.gov.my/RUJUKAN/akta/akta%20ptptn.pdf
14LAWS OF MALAYSIA. (n.d.). Retrieved from
http://jpt.mohe.gov.my/RUJUKAN/akta/akta%20ptptn.pdf
15LAWS OF MALAYSIA - AGC. (n.d.). Retrieved from
http://www.agc.gov.my/Akta/Vol.%2012/Act%20556.pdf
16LAWS OF MALAYSIA - AGC. (n.d.). Retrieved from
http://www.agc.gov.my/Akta/Vol.%2012/Act%20556.pdf