On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 23/12/2011.
PART VI
INSPECTION, ENFORCEMENT AND OFFENCES
56.
—(1) The Council may appoint any of its officers or employees to be an inspector for the purposes of this Act.
(2) The Council shall furnish every inspector with an identification card that identifies him as an inspector.
(3) Every inspector shall, when exercising any power under this Act, on demand produce his identification card to the person affected by the exercise of that power.
57.
—(1) An inspector may, from time to time, enter and inspect the premises under the possession or control of any registered private education institution for the purpose of ascertaining whether this Act has been or is being complied with.
(2) In carrying out an inspection under subsection (1), an inspector may —
(a)
examine any book, document, material or article as he may consider necessary and remove or make copies of it for further examination;
(b)
require any person, whether a manager, teacher or student of the registered private education institution or otherwise, to be present before an inspector or any officer of the Council and —
(i)
to produce for inspection any book, document, material or article which is in the possession or under the custody of that person, which the inspector or an officer of the Council may remove or make copies of for further examination; or
(ii)
to furnish any information which is within the power of the person to furnish relating to the control or management of the registered private education institution, to the teaching carried on in the registered private education institution, to the student activities of the registered private education institution or to such other matter as the inspector may specify; or
(c)
do anything that is necessary or expedient for the carrying out of the inspection.
58.
—(1) In addition to the powers conferred on him by this Act, an inspector may —
(a)
at reasonable hours, enter any premises or part thereof (whether or not in the possession or control of a registered private education institution) when he has reasonable cause to believe that evidence of the commission of an offence under this Act can be found therein, and search for and seize and remove any book, document, material or article or make copies thereof as he may consider necessary;
(b)
require any person whom he reasonably believes to have committed the offence to furnish evidence of his identity;
(c)
require, by order in writing, the attendance before him of any person within the limits of Singapore who, from any information given or otherwise obtained by the inspector, appears to be acquainted with the facts or circumstances of the case;
(d)
examine orally any person reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify, and reduce into writing the answer given or statement made by that person;
(e)
require any person to furnish any information or produce any book, document or copy thereof in the possession of that person, and inspect, copy, make extracts from or seize and remove such book or document; and
(f)
take such photographs or video recording, as the inspector thinks necessary, of the premises and persons reasonably believed to be acquainted with the facts or circumstances of the case or with such other matter as the inspector may specify.
(2) The person referred to in subsection (1)(d) shall be bound to state truly the facts or circumstances with which he is acquainted.
(3) A statement made by the person referred to in subsection (1)(d) shall be read over to him and shall, after correction, if necessary, be signed by him.
(4) All statements, answers, information and documents procured in the course of investigation shall be admissible in evidence in any proceedings under this Act against the person making or producing the same.
59.
—(1) Without prejudice to any other power vested in the Council under this Act, if it appears to the Council that —
(a)
any provision of this Act has not been complied with by or in relation to any registered private education institution; or
(b)
any registered private education institution is not being efficiently or properly administered,
the Council may, by notice in writing addressed to the managers of the registered private education institution, direct them to take such measures and within such time as may be specified in the notice in order that the provision of this Act may be complied with or the registered private education institution may be efficiently or properly administered (as the case may be).
(2) The registered private education institution in respect of which the Council has issued a direction under subsection (1) shall bear all costs and expenses arising from complying with the direction.
(3) Where the managers of the registered private education institution to whom the Council has addressed a direction under subsection (1) fail to comply with the direction, the Council may take such steps as it thinks reasonable and necessary to give effect to the direction and recover all costs and expenses reasonably incurred by it in so doing from the registered private education institution as a civil debt due to the Council.
(4) Where any direction issued by the Council under subsection (1) addressed to the managers of a registered private education institution has not been complied with, every manager of the registered private education institution shall each be guilty of an offence.
(5) It shall be a defence for any person charged with an offence under subsection (4) to prove that he had a reasonable excuse for failing to comply with the direction of the Council that is the subject of the offence.
60.
—(1) This section applies to a student or intending student of a private education institution in relation to a course offered or provided by the private education institution if —
(a)
the course does not start on the agreed starting day;
(b)
the course ceases to be provided at any time after it starts but before it is completed; or
(c)
the course is not provided in full to the student or intending student because of the Council refusing to renew the registration of the private education institution under section 37 or the Council suspending, cancelling or reducing the period of registration of the private education institution under section 38,
and the student or intending student has not withdrawn from the private education institution before the default day.
(2) Without prejudice to any other power vested in the Council under this Act, the Council may by written direction addressed to the managers of a registered private education institution for a course or, in the case where registration is cancelled, a former registered private education institution for a course, direct that the registered private education institution or former registered private education institution, as the case may be, do either or all of the following:
(a)
refund each student or intending student, within such time as may be specified in the direction, the whole or such part as the Council deems equitable of the course money the registered private education institution or former registered private education institution, as the case may be, received in respect of the student or intending student before the default day;
(b)
make arrangements for each student or intending student of the registered private education institution or former registered private education institution, as the case may be, to be offered a place in another registered private education institution to complete the same or a similar course, at the private education institution’s expense or otherwise, and notify the student or intending student accordingly —
(i)
where the provision of the course by the private education institution must cease because the Council refused to renew the registration of the private education institution under section 37 or the registration of the private education institution is suspended or cancelled, or the period of its registration is reduced, under section 38 — at least 14 days before it ceases to provide the course or such other period as the Council may allow in any particular case; or
(ii)
where the provision of private education by the private education institution must cease for any other reason — at least 30 days before it ceases to provide the course.
(3) Subsection (2) shall apply notwithstanding anything contained in the agreement or contract between the registered private education institution or former registered private education institution and the students or intending students concerned, and subject to subsection (4), the student or intending student concerned shall be entitled to recover the amount specified in the direction to refund under subsection (2) from the registered private education institution or former registered private education institution, as the case may be, as a civil debt in a court of competent jurisdiction.
(4) The registered private education institution or former registered private education institution, as the case may be, shall be relieved of its liability to make a refund if the student or intending student accepts the offer under subsection (2)(b) to complete the same or a similar course at the private education institution’s expense.
(5) Where any written direction issued by the Council under subsection (2) is not complied with, the private education institution and every manager of the private education institution to whom the direction is addressed shall each be guilty of an offence.
(6) In addition to subsection (4), it shall be a defence for any person charged with an offence under subsection (5) to prove that he had a reasonable excuse for failing to comply with the written direction of the Council that is the subject of the offence.
(7) Nothing in this section shall affect the operation of the Charities Act (Cap. 37), the Companies Act (Cap. 50), the Societies Act (Cap. 311) or any other written law relating to the winding up or dissolution of a private education institution.
(8) In this section —
“agreed starting day”, in relation to a course offered or provided by a private education institution, means the day on which the course was scheduled to start;
“default day” means —
(a)
the agreed starting day, if subsection (1)(a) applies; or
(b)
the day on which the course ceases to be provided if subsection (1)(b) or (c) applies.
61.
—(1) Any person who —
(a)
in relation to any application under this Act or any notification under section 44(1) —
(i)
makes any false statement which he knows to be false or does not believe to be true or which he makes recklessly; or
(ii)
intentionally suppresses any material fact;
(b)
neglects or refuses to produce any book, document, material or article or to furnish any information, neglects or refuses to attend before an inspector as required, furnishes any book, document, material or information which is false in a material particular and which he knows to be false or does not believe to be true, or, by the intentional suppression of any material fact, furnishes information which is misleading, under section 57 or 58;
(c)
obstructs or impedes the Council, any officer of the Council or any inspector lawfully carrying out any function or duty in the exercise of any power conferred by or under this Act; or
(d)
being summoned to attend at a hearing of the Appeals Board to give evidence or produce any document or other article, without reasonable excuse refuses or neglects to do so or refuses to answer any questions put to him by or with the concurrence of the Appeals Board, or otherwise hinders, obstructs or deceives the Appeals Board in the exercise of its powers under this Act,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
(2) Any person guilty of an offence under this Act for which no penalty is expressly provided shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction.