EDUCATION (NON-GOVERNMENT SCHOOLS)
2 of 1952
Amended by
S 99/59
S 57/74 20 of 1983
Sch. 5
E 1 of 1984
Education (Non-Government Schools)
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Education (Non-Government Schools) Act is Brunei Act, cited as Act 55 1984, currently marked repealed and first recorded in 1984.
Chapter
2 of 1952
Amended by
S 99/59
S 57/74 20 of 1983
Sch. 5
E 1 of 1984
Education (Non-Government Schools)
SCHOOLS)
Opening note
Short title and application.
Nothing in this Act shall apply to any school wholly maintained or wholly managed or controlled by the Govern-ment.
Interpretation.
In this Act, unless the context otherwise requires —
“Director” means the Director of Education;
“manager” means any person who takes part in the administration or management of a school;
“register” means the register kept under the provisions of section 6 of this Act and includes any register kept in accordance with the repealed
Registration of School Enactment 1939;
“registered” means entered upon such register;
“school” means a place where 10 or more persons are being or are habitually taught, whether in one or more classes, but does not include any place where the teaching is of a purely religious character or any
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school exempted under section 3 of this Act from the provisions of this Act:
Provided that where teaching is carried on in a place or part of a place under more than one separate management and under different names, such place shall be deemed to be, for the purposes of this Act, a separate school in respect of each separate management and each such school and the managers and teachers thereof shall be separately registered under this Act;
“supervisor” means the manager appointed or deemed to be the supervisor of the school under section 7 or 15;
“teacher” means a person who teaches pupils in a school and includes a manager or supervisor of a school who teaches in such school.
Exemption of schools.
His Majesty the Sultan and Yang Di-Pertuan may, by order, exempt any school or class or category of schools from all or any of the provisions of this Part, either absolutely or subject to such conditions as he may think fit to impose, and may, at any time, at his discretion, revoke any such exemption or cancel, alter or add to any such conditions.
All schools to be registered.
Any person who shall act as manager of, or teacher in, a school which is not registered under this Act shall be guilty of an offence against this Part.
Provided that nothing in this subsection shall be deemed to make it unlawful for any person to do any act or thing necessary for the purpose of obtaining the registration of a school under this Act.
Education (Non-Government Schools)
Both the owner and the occupier of any house, building or other place, the whole or part of which, to the knowledge of such owner or occupier, is being used as a school which he knows or has reason to believe to be an unregistered school, shall be guilty of an offence against this Part, unless he shall prove that he took all reasonable steps in his power to prevent such house, building or other place or part thereof being so used or reported that such premises were being so used to the officer in charge of the nearest police station.
Registration, etc., outside
Brunei
Darussalam prohibited.
Any manager or teacher who —
knowing or having reasonable cause to believe that there has been a contravention of this section in respect of the school which he is a manager or at which he teaches fails, in the absence of reasonable excuse the burden of proving which shall lie upon him, forthwith to report the facts to the Minister, shall be guilty of an offence against this Part.
Register of schools.
The Director shall keep or cause to be kept a register in which shall be entered, in respect of every school registered in
Brunei Darussalam —
the name of the school, under which instruction or teaching is carried on in such school;
the name and address of every teacher employed or engaged in teaching in such school;
Education (Non-Government Schools)
such other particulars in relation to such school or to the manager of, or teachers in, such school or otherwise, as may be prescribed.
No school to be registered unless a supervisor has been appointed.
No school shall be registered until a manager has been appointed by the managers of the school to be supervisor of such school for the purposes of this Act, and a copy of such appointment, in writing, signed by the managers, has been submitted to the Minister:
Provided that, when a school has not more than one manager, such manager shall be deemed to be the supervisor of the school.
Refusal of registration of a school.
that the school is unsanitary, or is for reasons of health unsuitable for use as a school, or that the area provided for the open air recreation of the pupils is inadequate or unsatisfactory, or that the school building or any part thereof is unsuitable by reason of danger from fire or that it is otherwise a dangerous building; or
that such school is likely to be used for the purpose of political propaganda detrimental to the interests of Brunei Darussalam or of the public, or for the purpose of instruction detrimental to the interests of the public or of the pupils, or as a meeting place for an unlawful society; or
that the supervisor appointed by the managers is not fit or proper or responsible person to act as supervisor for the purposes of this Act; or
that any manager or teacher named in the application form has been refused registration under section 10; or
that the existing educational facilities are already adequate in the area in which it is proposed to open such school; or
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that the opening of such school would be detrimental to the interests of Brunei Darussalam or of the public.
The Minister may require as a condition precedent to the registration of any school —
that security be given to his satisfaction that school will not be used for any of the purposes referred to in paragraph (b) of subsection (1) of this section, or that any person, refused registration as a manager of, or teacher in, such school, will not act as such manager or teacher;
that the number of managers and teachers shall be at least the number specified by the Minister;
that a written scheme, constitution or deed of trust be prepared and executed by the proper parties thereto, providing for the management of the school and the administration of its property and revenues in a manner which the Minister may consider satisfactory, and that a copy of such written scheme, constitution or deed of trust be submitted to him;
that the school be rendered sanitary or suitable for the use or that the area provided for open air recreation be rendered adequate or satisfactory or that the building be rendered safe;
that another manager or teacher be appointed and apply for registration in place of any manager or teacher named in the application form and refused registration under section 10.
When under the provisions of this section the
Minister refuses to register a school or imposes any condition precedent to such registration, he shall inform the applicant by
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notice in writing that registration is refused or that it is subject to conditions and shall, in each case, specify in such notice the grounds on which such registration is refused or the conditions on which registration will be granted and shall notify the applicant that he has a right of appeal against such refusal or against the imposition of any such condition in accordance with the provisions of section 19.
Managers and teachers to be registered.
In subsection (1) of this section “total period not exceeding one month” includes several periods not exceeding one month in the aggregate.
Any person acting as a manager or teacher in contravention of subsection (1) of this section shall be guilty of an offence against this Part.
Refusal of registration as a manager or teacher.
such person has been convicted by any Court of competent jurisdiction in Brunei Darussalam or elsewhere of an offence punishable with imprisonment, or of an offence against this Part or against any regulation made under the provisions of paragraph (d),
, (g), or (h), of subsection (1) of section 29; or
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such person shall have been a manager of, or a teacher in, any school struck off the register under the provisions of this Part at the time when such school was struck off the register; or
the Minister has reasonable grounds to believe that such person has at any time, acted as a manager of, or teacher in, any school on contravention of the provisions of this Part; or
it appears to the Minister that it will be prejudicial to the interests of Brunei Darussalam or of the public or of the pupils of the school that such person should be so registered; or
in the case of a person applying to be registered as a teacher, such person’s qualifications to act as such teacher are, in the opinion of the Minister, inadequate; or
such person has made a false or misleading statement in a material particular in his application for registration.
When under the provisions of this section the
Minister refuses to register a person as a manager or teacher, he shall inform the applicant in writing that registration is refused and specify in such notice the grounds on which such registration is refused, and shall notify the applicant that he has a right of appeal against such refusal in accordance with the provisions of section 19.
Application for registration.
All applications for registration under this Act shall be made on a prescribed form which will be supplied by the
Minister on application therefor.
Registration.
The Minister shall, in the case of the registration of a school, issue to the supervisor thereof a certificate of registration of the school in the prescribed form, and in the case of the registration of a teacher issue to such teacher, through the supervisor of the school, a certificate in the prescribed form.
Certificate and list of managers and teachers of school to be exhibited.
If any breach of subsection (1) of this section is committed in any school, every manager of such school shall be guilty of an offence against this Part.
Change in management or staff to be reported by the supervisor.
Any supervisor failing or neglecting in contravention of the provisions of this section to report such event or making any report, knowing the same to be false in a material particular, shall be guilty of an offence against this Part.
The Minister, upon receiving a report under subsection (1) of this section that any manager or teacher has retired or ceased to act, shall forthwith strike such manager or teacher off the register and shall serve such manager or teacher with a notice in writing informing him of such action.
Supervisor of registered school.
Immediately upon any supervisor of any registered school ceasing to act as supervisor of such school, the managers thereof shall appoint a fit and proper and responsible registered manager of such school to be supervisor in his place, and shall forthwith notify the Director.
If such managers shall fail or neglect to appoint such supervisor or shall fail or neglect to notify the Director of such appointment, every manager of such school shall be guilty of an offence against this Part.
Offence for manager knowingly to act with an unregistered manager or to employ an unregistered teacher.
Any manager of a registered school who —
acts with any person, acting as a manager, whom he knows or has reason to believe to be acting in contravention of the provision of this Part; or
employs or permits any person to act as a teacher in such school, other than a person registered as a teacher in such school or permitted to teach in such school under the provisions of the first proviso to subsection (1) of section 9, shall be guilty of an offence against this Part.
School may be struck off the register.
that any provision of this Part or any regulation made thereunder is not being complied with in such school after the expiration of a notice in writing calling upon the supervisor of such school to take, within such time, not less than 14 days, as may be specified in such notice, such measures, as may be specified therein to comply with such provision or regulation; or
that the school is, for reasons of health, no longer suitable for use as a school, or that the school building or any part thereof is no longer safe for use as a school or is a dangerous building; or
Education (Non-Government Schools)
that the registration of such school was obtained by reason of any false or misleading particular or particulars contained in the application for its registration; or
that an offence against this Act or against any
Regulation made under the provisions of paragraph (f),
, (g), or (h) of subsection (1) of section 29 has subsequent to the registration thereof been committed by any manager of, or teacher in, such school in relation to the management thereof or the teaching therein; or
that there is no supervisor of such school or that the supervisor appointed by the managers of such school is not a fit or proper or responsible person; or
that such school is being used for the purpose of political propaganda detrimental to the interests of
Brunei Darussalam or of the public or for the purpose of instruction detrimental to the interests of the public or of the pupils or as the meeting place of an unlawful society.
No school shall be struck off the register under this section unless notice in writing of the intention of the Minister to strike such school off the register and giving particulars of the grounds on which it is proposed to strike off such school and calling upon the managers to show cause, within such period, not less than 14 days, as may be specified in such notice, why such school should not be struck off has been served upon the supervisor of such school.
Any manager desiring to show cause why a school should not be struck off may deliver to the Minister within the time specified in such notice a written statement of the grounds on which he relies, and the Minister, unless after considering such statement, he is of opinion that such school should not be struck off the register, shall submit forthwith such statement to
His Majesty.
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Manager or teacher may be struck off the register.
at any time, whether before or after the date of his registration, be or have been convicted by any competent Court in Brunei Darussalam or elsewhere of an offence punishable with imprisonment; or
at any time, whether before or after the date of his registration, have been a manager of or teacher in any school, struck off the register under this Act, at the time when such school was struck off the register; or
at any time, whether before or after the date of his registration, be or have been convicted by any competent Court in Brunei Darussalam of an offence against this Part or against any Regulation made under the provisions of paragraph (d), (f), (g) or (h) of subsection (1) of section 29; or
after the date of his registration, appear to the
Minister to be a person who ought not, in the interest of
Brunei Darussalam or of the public or of the pupils of such school, to remain a manager of or teacher in such school as the case may be; or
have obtained his registration as manager or teacher by reason of any false or misleading particular or particulars contained in his application for registration, the Minister may strike such manager or teacher off the register:
Provided that no person shall be struck off the register under the provisions of paragraphs (a), (b) and (c) of this subsection by reason of any fact or matter occurring before the date of his registration and which was disclosed to the Minister before such date.
When any manager or teacher has been struck off the register under subsection (1) of this section, the Minister shall forthwith inform him by notice in writing that he has been
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so struck off, and of the grounds on which he has been so struck off and shall notify him that he has a right of appeal against such striking off in accordance with the provisions of section 19.
Appeals to His
Majesty in
Council.
His Majesty in Council may dismiss any appeal, or may affirm, modify, amend or reverse, either wholly or in part, the Minister’s decision or order appealed against.
Where a decision or order is modified amended or reversed by His Majesty in Council, the
Minister shall give effect to such decision or order as thus modified, amended or reversed.
The decision of His Majesty in Council upon any appeal shall be final and shall not be questioned in any Court.
Teachers struck off the register to surrender certificates of registration.
Any teacher failing to surrender his certificate in contravention of the provisions of subsection (1) of this section shall be guilty of an offence against this Part.
Misconduct of teacher to be reported.
If any supervisor fails to comply with the provisions of this section he shall, in the absence of reasonable excuse the burden of proving which shall lie upon him, be guilty of an offence against this Act.
Defunct schools.
If at the expiration of one month the Minister is satisfied that the school has ceased to exist, he shall cause a notification to that effect to be published in the Government
Gazette, and the school shall be deemed to have ceased to exist from the date of such publication, and the Minister shall thereupon strike the school and the managers and teachers thereof off the register.
Inspection of school.
When an inspection is being carried out under the provisions of this section the Director or other person may examine, remove and detain any books, documents or other articles, found in such school, for the purpose of further examination, or any books, documents or other articles so found which, in the opinion of the Director or other person lawfully carrying out such inspection, may furnish evidence of the commission of an offence against this Act or any regulation made thereunder or which contain or are connected with political propaganda detrimental to the interest of Brunei
Darussalam or of the public or used for the purposes of instruction detrimental to the interests of the pupils which may furnish evidence that the school is or has been used as a meeting place for an unlawful society; and the Director or other person lawfully carrying out an inspection under this section may, of ingress into such school or any part thereof cannot be obtained
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and no person can be found to open such school or such part thereof or any receptacle therein, in order to effect such ingress or inspection, break open any outer or inner door or window of any such school or any locked receptacle found therein.
The Director at any time, and any person whilst lawfully carrying out an inspection of a school under the provisions of this section, may require any manager of, or teacher in, any school or any pupil of such school or any person found within such school to produce for inspection any books or documents, relating to the management of or to the teaching carried on in such school, which are in his possession or under his control, and to furnish the Director or such person lawfully carrying out an inspection with such information, relating to such management or teaching as the Director or such person lawfully carrying out an inspection may demand and which it is within his power to furnish and in the case of a registered teacher, to produce for inspection his certificate of registration as a teacher under this Act.
Any person who —
obstructs or impedes the Director or other person lawfully carrying out an inspection of a school under this section, in the lawful exercise of any of his powers under this section; or
refuses to produce any book or document or refuses to furnish any information in contravention of the provisions of subsection (3) of this section or furnishes any information which is false in a material particular and which he knows to be false or does not believe to be true, shall be guilty of an offence against this Act.
Director may remove insignia, etc.
Where a school has been struck off the register under the provisions of paragraph (f) of subsection (1) of section 17 and no notice of appeal has been given within the period prescribed or where notice of appeal has been given and the appeal has been dismissed, the Director or any person authorised
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by him in that behalf in writing may, accompanied by such persons as he may deem expedient, enter the school and for the purpose may use force, if necessary, and may search for, remove and destroy the sign-boards, seals, chops, banners and other insignia of the school and any book or other document which contains political propaganda detrimental to the interests of
Brunei Darussalam or of the public.
For the purpose of any entry or search under this section the Director or such other person may break open any outer or inner door of the school or any locked receptacle therein which he suspects to contain any article which he is by this section empowered to destroy.
Delegation of powers.
The Minister may, with the approval of His Majesty, delegate all or any of his powers to any person or class of person, by name or office:
Provided that such delegation shall not in any way affect the right of the Minister to exercise the delegated powers himself.
Minister and others deemed public servants.
The Minister and every person to whom he delegates under the provisions of section 25 and every person authorised by him for the purposes of any provision of this Act shall be deemed to be public servants within the meaning of the Penal
Code.
Penalties.
in making any application under this Part for the registration of a school or for registration as a manager or teacher, makes any false statement which he knows to be false or does not believe to be true or, by the international suppression of any material fact, furnishes any information which is misleading; or
acts as the manager of or teacher in any school, after such school has, to his knowledge, been struck off the register under section 17 of this Act; or
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acts as the manager of or teacher in any school, as the case may be, at any time after he has received notice that his application for registration as such manager or teacher has been refused or that he has been struck off the register of such school in accordance with subsection (3) of section 14 or section 18 of this Act; or
acts as the manager of or teacher in any unregistered school which is used for the purpose of political propaganda detrimental to the interests of
Brunei Darussalam or of the public, shall be guilty of an offence: Penalty, a fine of $8,000 and impris-onment for one year.
Any person guilty of an offence against this Part, for which no other penalty is specifically provided, shall be liable to a fine of $2,000 for a first offence or $4,000 for a second or subsequent offence, and, in the case of a conviction of a manager or teacher for an offence under section 4 or 9, shall be liable to a further fine of $4,000 for each day after the day of conviction during which the offence continues.
Provisions as to immovable property.
Any suit or proceeding in respect of immovable property registered in the registered name of a school may be brought or defended in the name of the manager or all the managers, as the case may be.
No such suit or proceeding shall abate or discontinue by reason of a manager dying or ceasing to be a manager, but the suit or proceeding shall be continued in the
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name or names of the manager or managers for the time being, of the school.
No stamp duty or fee shall be payable on the transfer of any immovable property to the registered name of a school.
If any school is struck off the register, any immovable property registered in its name shall either re-vest in the original transferor or his successor or vest in some other person or revert to the Government as His Majesty in Council may direct; and the registers kept under the Land Code, shall be rectified accordingly.
Regulations.
provide for the hygienic character and proper sanitation of schools and buildings used as or in connection with schools, and for taking and exercising precautionary measure against fire;
provide for the proper conduct and efficiency of schools and teachers, and regulate the methods of enforcing discipline in schools;
prohibit the use, in any school or any specified class of school, of any book or written matter the use of which appears undesirable or prescribe the books or series of books to be used in any school or specified class of schools;
prohibit the import or sale of any school text-book the use of which in schools appears undesirable;
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prohibit or control the display in any school, or in or on any property used by or in connection with a school, of any flags, insignia, signs, pictures, posters, photographs, slogans, or written matter;
prohibit or regulate the wearing by teachers or pupils of any distinctive dress, apparel or emblem;
control or regulate the books, papers or written matter kept in any school for reference, recreation or extra-curricular activities;
provide for the proper keeping of school registers and books of account at registered schools;
provide for the control and supervision of subscriptions and collections at, or on behalf of, schools;
require the preparation and execution in respect of any school or class of schools of a written constitution, scheme or deed of trust, providing for the management of such school or the administration of its property or revenues in such manner as the Director may consider satisfactory;
provide for the returns, particulars and information to be furnished to the Director and the forms in which and the times and places at which such returns, particulars and information shall be furnished;
fix the maxima of fees and other charges made by any school or class of school;
Education (Non-Government Schools)
prescribe the penalty, not exceeding a fine of
$8,000 or imprisonment for a term of 3 months or both such fine and imprisonment, for the contravention of any regulation made under this section.
All such regulations shall be published in the
Government Gazette, and shall be laid before His Majesty in
Council as soon as reasonably practicable after such publication and may be revoked or varied by resolution but without prejudice to the validity of anything previously done thereunder or to the making of any new regulation.
If a breach of any such regulation is committed, the supervisor shall be guilty of an offence against such regulation and shall be liable to such penalty as may be prescribed for such breach, and every other manager of, and teacher in, such school who has committed or abetted the commission of such breach shall likewise be guilty of an offence and liable to such penalty.
Sanction for prosecution.
No person shall be charged with any offence against this
Act or against any regulation made thereunder without the previous sanction in writing of the Public Prosecutor or a
Deputy Public Prosecutor or of the Director.
Minister’s power to control secular instruction.
In every school secular instruction shall be under the control of the Minister.
Procedure where director intends to impose new secular curriculum.
The proposals shall —
specify what class or classes, if any, of the non-Government school are to be discontinued;
give particulars of the transitional arrangements made with regard to the existing pupils of the school;
give particulars of any other measures which the Director proposes to take to ensure a gradual and orderly transformation to the new curriculum;
contain such other particulars of the proposals of the Director as he thinks necessary or as the Minister may require.
Any proposals submitted to the Minister under this section may be approved by him after making such modification therein, if any, as appear to him to be desirable.
After the proposals have been approved by the
Minister, the Director shall notify the supervisor of the school of the proposals and may give such directions and require any manager or teacher to do or omit to do things as may be necessary for the purpose of carrying out the proposals.
Power to strike off the
Register.
With the approval of His Majesty in Council the Minister may strike off the Register any school if he is satisfied that any direction or requirement made under this Part is not being complied with in such school after the expiration of a notice in writing calling upon the management of such school to take within such time, not less than 14 days, such measures as may be specified therein to comply with such requirements or directions.
Offences.
Any registered manager or registered teacher who refuses or fails to comply with any direction or requirement of
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the Director under section 32 shall be guilty of an offence:
Penalty, a fine of $4,000 and imprisonment for one year.
Restriction on prosecution.
No person shall be charged with any offence against this
Part or against any Regulation made thereunder without the previous sanction in writing of the Attorney General.
Regulations.
His Majesty in Council may make all such regulations as may be necessary or desirable for the purpose of carrying out or giving effect to the provisions of this Part.
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SUBSIDIARY LEGISLATION
B.R.O.N.
79/39 2 of 1952
NOTE. The General Regulations for Schools 1939 have been continued in operation and are deemed to be made under this Act by virtue of section 31(2) of the Education Enactment 1939.
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