Conduct and

Discipline
Regulations

TOPIC 2: TEACHER AND

LEGISLATION
- Rules for Civil Servants (Behaviour
and Discipline 1993) (Refined in 2002)
- Education Act 1996
By:
1.Dionata Debbie
2.Nadhirah
3.Aina
4.Varshini
09/12/15

INTRODUCTION
Conduct and Discipline Regulations are a form of
control for all public officers to ensure the
effectiveness of an organization.
As a whole, this rule contain the following orders:
i. Regulations on the code of conducts and specific
offences
ii.Responsibilities, control task and conduct supervision
iii.Procedure and conduct of disciplinary action
iv.Punishment for disciplinary misconduct
v.Allocation for various other related matters

 In the current era of globalization, the

teaching profession is becoming more
important and complex.
Teacher (public servants) are required
to display proper conduct in accordance
with the regulations contained in the
Public Offices (Conduct and Discipline)
Regulations 1993 (Amendment 2002).

PUBLIC OFFICERS (CONDUCT AND

DISCIPLINE) REGULATIONS 1993
(AMENDMENT
Enforced on 20 June 2002.
2002)
Purposes:
- Help public servants guard their behaviour and actions.
- Help public officers perform their duties with full responsibility
and display high competency.
- Uphold the image of public service.
- Ensure that the public interest is given priority over personal
interests.
- Impose action against the public servant who commits an
offence or violates the rules.
- Teachers action must reflect teachers professionalism.

THE NEW SECTION IA and IB

SECTION 1A
OBLIGATION TO COMPLY WITH THE REGULATIONS

3A

3B

(1)

An officer must obey the provisions in the regulations.

(2)

A violation of any provision of these regulations by an officer

can hold him liable for disciplinary action in accordance with
these regulations.

(1)

An officer who fails to give the undertaking as dictate in the

General Orders 23A, General Orders Chapter A (Appointments
and Promotions) 1973. when required to do so by the
Disciplinary Authority in question or his head of Department,
commits a breach of discipline and may be liable for
disciplinary action in accordance with these regulations.

(2)

Aligned with sub regulation 3A (2) an officer who, having

given the undertaking referred to in sub rule (1), fails to
comply with the terms of the undertaking commits a breach
of discipline and may be subjected to disciplinary action in
accordance with these regulations.

SECTION 1B
DISCIPLINARY CONTROL AND SUPERVISION
3C (1) It is the duty of every officer to exercise
disciplinary control and supervision over
subordinates and to take appropriate action for
any breach of any provision of these regulations.
(2) An officer who fails to supervise his offices or to
take action against the violating officer who
breaches any provision of these regulations shall
be charged negligent in his duty and shall be
liable for disciplinary action.
3D

It is duty of the disciplinary authority to inform

the Director-General of the Public Service
immediately after a disciplinary action is issued
against and officer and also the results of the

SECTION 2
CONDUCT
4

(1)

An officer shall at all times and on all occasions give his

undivided loyalty and devotion to the Yang di-Pertuan
Agong, the country and the Government.

(2)

An officer shall not

(a)Subordinate his public to his private interests;
(b)Conduct himself in such a manner as is likely to bring his
private interest into conflict with his public duty;
(c)Conduct himself in such a manner likely to cause a
reasonable suspicion that
(i) he has allowed his private interests to come into
conflict with his public
duty so as to impair his usefulness as a public
officer; or
(ii) he has used his public position for his personal
advantage;
(d) Conduct himself in such a manner as to bring the public

(e) Lack efficiency or hard work;

(f) Be dishonest or untrustworthy;
(g) Be irresponsible;
(h) Bring or attempt to bring any form of
outside
influence or pressure to support or
advance any
claim related to or against the public
service,
whether the claim is his own or that of
any other
officer;
(i)Be insubordinate or conduct himself in any
manner which can be reasonably construed
as being insubordinate; and
(j) Be negligent in performing his duties.

REGULATIONS OF CONDUCT AND

DISCIPLINE
(a)Forbidden unconditionally
(b)Can be enforced with the
permission from those with
authority

(a) Public officers are absolutely

forbidden to do the following:
4A : Sexual harassment
7 : Drug abuse
9 : Accepting and giving gifts
11 : A standard of living which surpasses the emoluments and other
valid personal income
12 : Borrow money/ become a guarantor
13 : Serious pecuniary indebtness
15 : Lend money with interest
16 : Involved in Futures Market

Cont..
17 : Participate in raffle (lucky draw) and
lottery
18 : Publication of books and so on
20 : Editor of the newspaper/magazine and
journal
21 : Political activities
23 : Absent from duty without permission

REGULATION 4A: SEXUAL

HARRASMENT

4A (1) An officer shall not perform sexual

harassment against another person, that is
to say, an officer shall not (a) Make any sexual advance, or any request
for sexual favours, to another person; or
(b) Do any act of a sexual nature in relation to
another person, in circumstances of which
a reasonable person, having regard to all
circumstances, would be offended,
humiliated or intimidated.

Cont. REGULATION 4A: SEXUAL

HARRASMENT

(2) A reference in sub-regulation (1) to the

doing of an act of a sexual nature to
another person
(a) Includes the making of a statement of a
sexual nature to, or in the presence of, that
other person, whether the statement is
made orally or in writing or in any other
(b) manner;
Is not limited to the doing of such act at the
workplace or during working hours only as
long as the doing of such act brings the

REGULATION 7: DRUG ABUSE

7

(1) An officer cannot consume any dangerous

drugs unless it has been prescribed for
own use by a medical practitioner who is
registered under the Medical Act 1971 or
abuse or consume any dangerous drugs.

REGULATION 9: ACCEPT/GIVE
GIFTS
9
(a)

An officer can receive gifts if:

It does not affect the duty of the public
officer in any way in the interest of the
person.

(b)
The act of giving or receiving the gift
does not in any way align with regulation
4.

REGULATION 11: MAINTAIN A STANDARD OF LIVING

WHICH SURPASSES THE EMOLUMENTS AND OTHER
VALID PERSONAL INCOME
11

(1)
(a)

If the Head of Department think that the officer

Maintains a standard of living which surpasses the
emoluments and other valid personal income, if
available or,

(b)
Controls or possesses financial resources or property,
whether movable or immovable property, whereby the
value is not consistent with, or that could not be
reasonably expected to have been obtained by the
officer with his emolument and any other valid
personal income. Head of Department shall, by written
notice, require the officer to provide a written
explanation within thirty days of receipt of the notice
of how he is able to maintain such a standard of living

REGULATION 12: BORROW

MONEY/BECOME A GUARANTOR
1
2

(1 No officer may borrow from any person

)
or be a guarantor to any borrower, or
by any other means which puts himself
under an obligation to any person.
(a
)
(b
)
(c)

Directly or indirectly is subjected to

official authority;
With the office or any official business;
Living or owning land or conduct
business in the local area where he has
official power; or
(d Runs a money-lending business

Cont REGULATION 12: BORROW

MONEY/BECOME A GUARANTOR
(3)

An officer may assume the debts arising from

(a)

The amount of money borrowed by mortgaging land,

if the amount of money borrowed does not exceed
the value of the land;
An overdraft facility or other credit facilities granted
by a financial institution;
The amount of money borrowed insurers on
collateral insurance policy;
The amount of money borrowed from the
Government or any cooperative; or
The amount of money payable on goods acquired
under hire purchase agreements.

(b)
(c)
(d)
(e)

REGULATION 13: SERIOUS PECUNIARY

INDEBTEDNESS

13 (1) An officer shall not in any way cause himself to be

in debt. An officer shall be deemed to be in serious
debt if;
(a) The aggregate of the debt and the value of
unmortgaged liabilities is at any given time more
than ten times the emolument abstention;
(b)
He is a debtor by law and the debt is not paid
within one month from the receipt of a sealed
(c) order by the court; or
He is declared bankrupt as long as any case
against him is in favour of the Property Officer
(Official Assignee) is yet to be explained or as long
as there is no cancellation of his bankruptcy.

REGULATION 15: LEND MONEY

WITH INTEREST
15 (1) An officer cannot lend money with interest,
with or without collateral.

REGULATION 16: INVOLVE IN

FUTURE MARKET
16 (1) No officer may involve himself as a buyer or
seller or otherwise in the future market, local
or overseas.

REGULATION 17: RAFLLE (LUCKY

DRAW) AND LOTTERY
17 (1) An officer cannot provide, organise or
participate in any sweepstakes/ ruffle (lucky
draw) or lottery other than the purpose of
welfare.

REGULATION 18: PUBLICATION OF

BOOK AND OTHERS
18 (1) An officer shall not publish or write any book
as well as any other work that is based on
classified official information (private and
confidential)

REGULATION 20 : EDITOR OF THE

NEWSPAPER/ MAGAZINE/ JOURNAL
20

(1)

An officer shall not act as editor for, or to participate

directly or indirectly in the management, or in any way
make any financial contribution or otherwise to any
publication, including any newspaper, magazines or
journals, regardless of the manner in which the
newspaper. Magazines or journals are published, with the
exception of the following publications:

(a)

department publications

(b)

professional publications

(c)

publications by voluntary organisation that are nonpolitically based

d)

publication approved in writing by the Head of

Department for the purpose of this regulation.

21

(1)

REGULATION 21 : POLITICAL
Except
as provided in sub regulation (3), an in the
ACTIVITIES

Highest Management Group and the Management and

Professional Group is prohibited from participating in
political activity or wearing any symbol of a political
party, and in particular he cannot
(a)

make any public statement, either orally or in writing to

give a bias view on any matter which is becoming issue
between political parties

(b)
publish or distribute books, papers or brochures
presenting his biased view or the views of other, as to
any matter relating to any political party.
(c)
involved in the appeal for the voting to support any
candidate at a general election, by-election or any
election for any office in any political party

REGULATION 21 : POLITICAL
ACTIVITIES

(d) acted as an election agent or polling agent or any

of that nature for or on behalf of a candidate in a
constituency of the House of Representatives or
for any of the State Assembly
(e)
contesting for any position in any political party;
or hold any position in any political party

REGULATION 23 : ABSENT FRO

DUTY WITHOUT PERMISSION
21 (1) In this section absent is in respect for whatever
period of time and at the place where the officer is
required to be present for the execution of his
duty.

(b) Prohibition which can be made with the

consent of a particular party/ authority in
advance:
Regulati
Exception
The power to give
on

consent

Outside employment

Head of Department

Dress etiquette

Director of Public
Service

8/9

Receiving gifts

Head of Department

10

Ownership of property

Disciplinary Board

19

Public statement

Minister

21

Political activities
i.Support group
ii.Leave prior to retirement

Director of Public
Service
The Secretary General
of the Ministry

22

Lead trials/ legal aid

The Secretary General

2.1.2 Regulation 4 of Chapter D General Orders

and example of offences regulation 4 [1]
Loyalty to the Yang Dipertuan Agong, the country and the
Government means the officials must defend the independence and
dignity of the country, respect and obey the laws of the country.
Example of violations:
a)Being in collusion with enemies of the State
b)Reveal government secrets
c)Makes derogatory remarks on Governments effort and policies
d)Becoming a member of Islamic Board
e)Joining Militant Union of Malaysia

Regulation 4 (2)
An officer cannot:
a)Jeopardise the public tasks in the interest of public affairs
b)Behave in a way that may cause personal interest in conflict
with public duty
c)Behave in such a way that might cause reasonable suspicious
d)Behave in such a way that can aggravate the good name of
public service
e)Be incompetent and show little effort
f) Be dishonest
g)Be irresponsible

Regulation 4 (2)
An officer cannot:
h) Be attempting to bring about any form of
influence to support claims against public
service whether giving himself or another
officer
claims
i) Disobey orders given
j) Be careless in executing the duty

2.1.3 Disciplinary Action

A public servant should comply with the regulation set
forth and the breach of any provisions will result in
disciplinary actions applicable to the officer.
The punishment imposed will depend on the type of
misconduct of the public officer.
The sentence is:
i) Warning
- oral or in writing
- Issued by the Head of Department

ii) A fine or forfeiture of emoluments

-Must not exceed the amount equivalent to
seven days emoluments of the officer
concerned.
iii) Deferment of salary movement of an
officer

EDUCATION ACT 1996

INTRODUCTION
Known as Act 550 provisions of law for education
Replace Education Act 1961
- aimed to upgrade the education system for future
generation
- continuity for present education policy
- based upon
i) Razak Report (1956)
Basis of
ii) Rahman Talib Report (1961)
National
iii) Hussein Onn Report (1971)
Education Policy
iv) Mahathir Report (1985)

National Education Policy is based upon National Philosophy

of Education
National Philosophy of Education
Education in Malaysia is an ongoing effort towards further
developing the
potential of individuals in a holistic and
integrated approach to create stable and harmonious
intellectually, spiritually, emotionally and physically. Effort is
designed to produce Malaysian citizens who are
knowledgeable, honorable, responsible, competent and
capable of achieving well-being and contribute to the
betterment of family, community and country.

Education Act 1996 consists of 156 divisions which are

divided into 16 sections as shown below:

CHARACTERISTICS OF EDUCATION
ACT 1996
Produce harmonious and balanced citizens
Produce work force and citizens that can compete globally
Vision and mission of education becomes clearer
Individuals who focus on intellectualism
To fast track the aspiration of the country to be a developed
nation

NATIONAL EDUCATION SYSTEM

Section 15 & Section of Education Act 1996:

Section 15 National Education System

- National Education System consist of

1) Pre-school
2) Primary education
3) Secondary education
4) Post-secondary education
5) Tertiary education
Section 16 Categories of educational institutions

1) Government educational
institutions
2) Government-aided educational
institutions
3) Private educational institutions

SECTION 15 a) Pre-School
Ages four to six years
Programmes and activities are based on the Pre-School
Curriculum
Other languages may be used as medium of instruction.
For these kindergartens, national language should be
taught as a compulsory subject (Section 23)

SECTION 15 b) Primary Education

A course of primary education which is designed for a
duration of six years
May be completed within five to seven years

SECTION 15 c) Secondary Education

Two parts :

- Lower Secondary
- Upper secondary
Academic-based secondary school
Technical school

SECTION 15 d) Post - Secondary Education

Provided for those who has completed secondary
education, but does not include higher education
For those who wish to pursue tertiary level
A preparatory course (Matriculation, A Level)

SECTION 15 e) Tertiary Education

Educational institutions providing higher educations
leading to award of a diploma, degree or its
equivalent

SECTION 16 a) Government
Educational Institutions
i) GOVERNMENT SCHOOLS
Built and fully maintained and monitored by government
National schools:
Government or government-aided schools
Uses national language as medium
English language is a compulsory subject
Facilities for Chinese and/or Tamil language is made available when there
are request from parents of a fifteen and more (Section 1)

National-Type Schools
Medium of instruction is Tamil or Chinese
National language and English are compulsory subjects
Fully supported by government

SECTION 16 b) Government-Aided
Educational Institutions
Full assistance and full grant in-aid
Grant can be provided for renovation (modify building, buy
furniture or equipment needed)
Full-grant aid is a form of assistance other than sumbangan
modal (Section 1)

SECTION 16 c) Private Educational

Institutions

Fully funded privately

Eg: Kolej Tuanku Jaafar Mantin, Negeri Sembilan

: Seri Pelita Primary School Pulau Pinang

2.2.4 Special Education

Education that caters for the special educational needs of
pupils who have learning disabilities.
The duraton cannot be shorter than the minimum duraton
for primary and secondary education.
Curriculum is based on the National Curriculum.
Flexible.
09/12/15

2.2.4 Teaching of the Islamic religion

Compulsory in all educational institutions including private schools if there are at least 5
pupils or more professing the Islamic religion.
At least 2 hours/week.

(Section 50 Educational Act 1996)

09/12/15

2.2.5 Teaching of religion other than Islam

Government-aided educational instituition may provide for
religious teaching in a religion other than Islam to the
pupils of the educational instituition or to any of them but
no such provision shall be defrayed from money provided
by the Government.
No pupil shall attend teaching in a religion other than that
which he professes, except with the written consent of his
parents.

(Section 51)
09/12/15

2.2.6 National Language as the main medium

of instruction.

The national language shall be the main medium of instruction in all eductional
instituitions in the National Education System except for SJKT & SJKC exempted by the
Minister.
(Section 17)

In SJKT/SJKC , the national language shall be taught as a compulsory subject.

09/12/15

2.2.8 National Curriculum for all schools.

The Minister shall prescribe National Curriculum which shall be
used by all schools in the National Education System.
(Section 18)
Contains knowledge, skills and values that are expected to be
required by pupils at the end of their period of schooling
Shall include the core subjects as set out in the Schedule and such
other subjects as may be prescribed.
09/12/15

The effect of the implementation of the

Educational Act 1996 towards the National
Education System

09/12/15

i) Pre-school education

For the first time in the country's history of

education, pre-school education has
received accreditation.

Rapid increase in placement offers and

enrolment for pre-school edu.

Does not include the number of classes

provided by KEMAS, Department of National
Unity, Islamic State Department, ABIM and
private sectors.

1992

2005

Placement offers
(school)

1 131

3 287

Enrolment

26 000

93 376

09/12/15

ii) Primary education

Primary edu is compulsory for all children citizens of Malaysia from the age of 6.

The Ministry of Education Malaysia has implemented this policy in stages starting from
Year 1 in January 2003.

Various ventures taken to ensure improvement in the rate of participation of pupils at the
primary school level.

09/12/15

iii) increase the enrolment rate of aborigines and other

ethnics groups from rural areas of Sabah & Sarawak

government has:
built schools in their settlement.
sent teaching force from the city in the form of TTE
(Teacher Training Education) graduate teachers.

09/12/15

iv) enforce compulsory education law from

Year 1 to Year 6

Parents who do not send their children to school will be fined RM5000 for neglecting their
children's right.

Parents who cannot afford to support their children for schooling, financial aid is given to
poor pupils.

09/12/15

v) The Authority of the Ministry of Education

Education Act 1996 has given much authority to the Ministry of Education clearly outlined
in every section.

09/12/15

The Education Act 1996 has summarised the following

points:
Acknowledge that edu is the major determinant of the fate of the country and the
saviour of the nations.
The purpose of edu is to enable the society to master knowledge, skills, and
moral values.
Edu plays an important roles in accomplishing the nations' goal to achieve the
status of a developed country and form a society that is united, democratic,
liberal and dynamic.
It has become a mission to achieve a world class edu system in terms of quality.

09/12/15

 The National Education Policy is based on National Philosophy of

Edu
The National Edu Policy shall be implemented through the National
Edu System with he national language being the main medium of
instruction, and the same National Curriculum and examnination.
Competent preparation of lessons taking into consideration that
pupils should be taught as desired by the parents.

09/12/15