On 19/05/2013,
you requested for the version in force on 19/05/2013
incorporating all amendments published on or before 19/05/2013.
The closest version currently available is that of 23/12/2011.
34.
—(1) Subject to the provisions of this Act, no person in Singapore may —
(a)
offer to provide or provide private education, whether in Singapore or elsewhere; or
(b)
award any degree, diploma or certificate (including any honorary degree or other distinctions) in respect of private education, whether offered or provided in Singapore or elsewhere,
unless the person is a registered private education institution.
(2) Any person who contravenes subsection (1) shall be guilty of an offence.
(3) Any person who knowingly assists in the provision of private education by an unregistered private education institution shall be guilty of an offence.
(4) The Council may take such measures as it thinks necessary to secure the closure of any unregistered private education institution, including but not limited to —
(a)
the use of such force or assistance as may be necessary to remove therefrom any person who is in the premises in the possession or control of the unregistered private education institution; and
(b)
the sealing of all or any of the entrances to or exits from such premises.
(5) The expenses reasonably incurred by the Council in the exercise of its powers under subsection (4) and such other reasonable expenses as may be incidental thereto shall be recoverable by the Council as a civil debt from the manager or managers (as the case may be) of the unregistered private education institution; and every manager of such an unregistered private education institution shall be jointly and severally liable to the Council for those expenses.
(6) Without prejudice to subsection (4) or (5) or any other power vested in the Council under this Act, the Council may, by written direction addressed to the managers of an unregistered private education institution, direct that the unregistered private education institution refund each student thereof, within such time as may be specified in the direction, the whole of the course money the unregistered private education institution received in respect of the student.
(7) Subsection (6) shall apply notwithstanding anything contained in the agreement or contract between the unregistered private education institution and the students concerned.
(8) Where any written direction issued by the Council under subsection (6) is not complied with, the unregistered private education institution and every manager thereof to whom the direction is addressed shall each be guilty of an offence.
(9) Subject to subsection (7), it shall be a defence for any person charged with an offence under subsection (8) to prove that he had a reasonable excuse for failing to comply with the written direction of the Council under subsection (6).
(10) Subject to the provisions of this Act, no person shall be entitled to recover in any court any charge, course money or remuneration for any private education provided in Singapore unless the person providing the private education is registered under this Act to provide the private education and the person did so in accordance with the permission of the Council under section 43 required for the course.
35.
—(1) Every application for the grant or renewal of the registration of a private education institution —
(a)
shall be made by a manager of the private education institution (referred to in this section as the applicant) to the Council in such form and manner, and within such time, as may be prescribed;
(b)
shall be accompanied by the prescribed fee; and
(c)
may be accompanied by an application to the Council for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof.
(2) The Council may require the applicant making an application under subsection (1) to furnish it with such information or documents as the Council considers necessary in relation to the application.
(3) Where the applicant fails to furnish the Council with any information or document required under subsection (2) in relation to his application within the time specified by the Council —
(a)
the application shall be deemed to have been withdrawn; and
(b)
where the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration of private education institutions or the renewal thereof, the application for waiver shall also be deemed to have been withdrawn.
36.
—(1) The Council may, upon receiving an application made under section 35(1) for the grant or renewal of the registration of a private education institution, and after such inquiry as it may think necessary —
(a)
if the application is accompanied by an application for the waiver of any of the requirements imposed under this Act for the registration or renewal of registration of private education institutions —
(i)
grant or renew (as the case may be) the registration of the private education institution subject to such terms and conditions as it thinks fit, after waiving such of the requirements imposed under this Act for the registration or renewal of registration of private education institutions that is the subject of the application for waiver; or
(ii)
refuse to waive such of the requirements imposed under this Act for the registration or renewal of registration of private education institutions that is the subject of the application for waiver and refuse to grant or renew (as the case may be) the registration of the private education institution because of section 37; or
(b)
in any other case —
(i)
grant or renew (as the case may be) the registration of the private education institution subject to such terms and conditions as it thinks fit; or
(ii)
refuse to grant or renew (as the case may be) the registration of the private education institution because of section 37.
(2) Every registration of a private education institution, and every renewal thereof, shall be for such period as may be specified by the Council.
(3) Without prejudice to the generality of subsection (1)(a)(i) and (b)(i), the terms and conditions subject to which the Council registers a private education institution may provide that except with the prior written approval of the Council —
(a)
the private education institution shall not enter into a contractual agreement or other arrangement (whether or not in partnership) with one or more other parties to undertake any activity that is not related to private education, so as to obtain individual benefits for the parties, whether in the form of a share of the output of the arrangement or joint or collective profits for all the parties; or
(b)
the private education institution shall only provide private education and other activities that are related to the provision of private education.
(4) The Council may at any time add to, vary or revoke any term or condition of the registration of a private education institution without compensation.
(5) For the avoidance of doubt, nothing in subsection (3) shall authorise the imposition of any term or condition restricting or prohibiting any particular member of a registered society from entering into any contractual agreement or other arrangement referred to in subsection (3)(a) or from carrying on any activity that is not related to the provision of private education.
37.
—(1) The Council may refuse to grant or renew the registration of a private education institution if —
(a)
the private education institution is not a company or a registered society;
(b)
the premises of the private education institution —
(i)
are or are likely to be unsuitable for providing private education;
(ii)
are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe;
(iii)
are to be used, wholly or in part, for any purpose other than providing private education or education; or
(iv)
do not conform to the regulations made under section 71;
(c)
all or more than half of the total number of teachers of the private education institution, or all or more than half of the total number of the proposed teachers thereof —
(i)
do not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 44(1)(a); or
(ii)
are otherwise not fit and proper persons to teach in the private education institution;
(d)
in the application for the grant or renewal of the registration (as the case may be) of the private education institution, a statement has been made or information has been furnished which is false or misleading in a material particular or by reason of the omission of a material particular;
(e)
the private education institution or any manager thereof —
(i)
is contravening or has contravened this Act;
(ii)
has been convicted of any offence under this Act within a period of 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution; or
(iii)
has been convicted of any other offence involving fraud or dishonesty or the conviction for which involved a finding that the private education institution or a manager thereof (as the case may be) has acted fraudulently or dishonestly, whether in Singapore or elsewhere, within a period of 5 years preceding the date of the application for the grant or renewal of the registration (as the case may be) of the private education institution;
(f)
any manager or proposed manager of the private education institution is otherwise not a fit and proper person to carry on or manage the private education institution;
(g)
the Council is of the view that the registration or renewal of registration (as the case may be) of the private education institution is not in the interests of the public, or the students, intending students or prospective students of the private education institution; or
(h)
the Council is satisfied that the name of the private education institution, or the name of any premises or school of the private education institution (or any department or faculty thereof), or the name of any education offered to be provided or provided by the private education institution —
(i)
is likely to mislead members of the public as to the true character or purpose of the private education institution, premises, school or department or faculty thereof or education, as the case may be;
(ii)
is identical to or so nearly resembles the name of some other private education institution or other education institution, whether in Singapore or elsewhere, as is likely to deceive or confuse members of the public or students of either education institution;
(iii)
is undesirable or offensive; or
(iv)
is a name of a kind that the Minister has directed the Council, by notification in the Gazette, not to accept for registration or is proscribed.
(2) The Council shall, before refusing to grant or renew the registration of any private education institution under subsection (1), give the private education institution and the managers thereof notice in writing of its intention to do so.
(3) Upon receipt of the notice of the Council under subsection (2), the private education institution concerned or any manager thereof may, within 14 days after the date of the notice, show cause to the Council as to why the registration of the private education institution should be granted or renewed.
(4) Where, after the private education institution or any manager thereof has shown cause under subsection (3) or the time to do so has expired, the Council decides not to grant or renew the registration of the private education institution —
(a)
the Council shall notify the private education institution and the managers thereof of its decision in writing; and
(b)
in the case where the registration of the private education institution is not renewed, the registration shall lapse accordingly.
38.
—(1) The Council may, without compensation, suspend (for a period not exceeding 6 months) or cancel the registration of any private education institution, or reduce the period of registration of the private education institution, if —
(a)
the private education institution ceases to be a company or a registered society;
(b)
the premises of the private education institution —
(i)
are unsuitable for providing private education;
(ii)
are unsanitary or unsuitable for providing private education, or are otherwise dangerous or unsafe;
(iii)
are used, wholly or in part, for any purpose other than providing private education or education; or
(iv)
do not conform to the regulations made under section 71;
(c)
all or more than half of the total number of teachers of the private education institution —
(i)
do not possess the minimum qualifications or experience, or fulfil such other criteria, as may be prescribed under section 44(1)(a); or
(ii)
are otherwise not fit and proper persons to teach in the private education institution;
(d)
the Council becomes aware of a circumstance that would have permitted the Council to refuse to grant or renew the registration of the private education institution because of section 37, had the Council been aware of the circumstances immediately before granting or renewing the registration, as the case may be;
(e)
there is reasonable cause to believe that the grant or renewal of registration has been obtained by means of any false statement or any statement that is false in a material particular;
(f)
the private education institution or any manager thereof —
(i)
is contravening or has contravened this Act;
(ii)
has, at any time during the period of registration of the private education institution, been convicted of any offence under this Act; or
(iii)
has, at any time during the period of registration of the private education institution, been convicted of any other offence involving fraud or dishonesty or the conviction for which involved a finding that the private education institution or a manager thereof (as the case may be) has acted fraudulently or dishonestly, whether in Singapore or elsewhere;
(g)
any manager of the private education institution is not a fit and proper person to carry on or manage the private education institution;
(h)
the Council is of the view that the continued registration of the private education institution is not in the interests of the public, or the students, intending students or prospective students of the private education institution;
(i)
the private education institution fails to comply with a direction of the Council issued under section 40;
(j)
the Council is satisfied that the private education institution has ceased to provide private education;
(k)
the private education institution is wound up or otherwise dissolved;
(l)
any term or condition of registration of the private education institution has been breached; or
(m)
it appears to the Council that the private education institution is being administered in a manner that is —
(i)
contrary to the interests of the public; or
(ii)
detrimental or likely to be detrimental to its students, intending students or prospective students.
(2) The Council shall, before suspending or cancelling the registration of any private education institution or reducing the period of registration of the private education institution under subsection (1), give the private education institution notice in writing of its intention to do so.
(3) Upon receipt of the notice of the Council under subsection (2), the private education institution concerned or any manager thereof may, within a period of 14 days after the date of the notice, show cause to the Council as to why the registration of the private education institution should not be suspended or cancelled, or the period of its registration should not be reduced (as the case may be).
(4) The Council shall, after the private education institution or any manager thereof has shown cause under subsection (3) or the time to do so has expired, notify the private education institution of its decision in writing.
(5) Subject to section 53, any decision by the Council under subsection (1) to suspend or cancel the registration of a private education institution, or to reduce the period of such registration, shall not take effect until the expiration of 14 days after the Council has served the notice of the decision on the private education institution concerned.
39.
—(1) Every registered private education institution shall obtain the prior approval of the Council before changing its name, or the name of any premises or school (or any department or faculty thereof) of, or any education provided by, the private education institution to a new name.
(2) For the purposes of subsection (1), a manager of the registered private education institution which intends to effect a change of name under subsection (1) shall submit to the Council an application for approval of the new name in such form and manner as may be prescribed, and that application shall be accompanied by the prescribed fee.
(3) The Council may refuse to grant its approval under subsection (1) if it is satisfied that the new name of the private education institution, or the premises, school (or any department or faculty thereof) or education provided by the private education institution, as the case may be, is a name which is referred to in section 37(1)(h).
40.
—(1) Notwithstanding anything in this Act, the Council may direct a registered private education institution to change its name, or the name of any premises or school (or any department or faculty thereof) of or education provided by the private education institution, to such new name as the Council may approve under section 39 where the Council is satisfied that the private education institution has been registered (whether through inadvertence or otherwise and whether before, on or after the date of commencement of this section) by a name, or the name of the premises or school (or a department or faculty thereof) or education bears a name —
(a)
which is referred to in section 37(1)(h); or
(b)
the use of which has been restrained by an injunction granted under the Trade Marks Act (Cap. 332).
(2) The registered private education institution to whom a direction under subsection (1) is given shall comply with the direction within a period of 6 weeks after the date of the direction, or such longer period as the Council may allow in any particular case, unless the direction is earlier annulled by the Minister.
(3) Any registered private education institution which contravenes subsection (2) shall be guilty of an offence.
(4) For the avoidance of doubt, the Council shall accept as correct any decision of the High Court to grant an injunction referred to in subsection (1)(b).