No. S 252
Education Act
(Chapter 87)
Education (Schools) (Amendment No. 2) Regulations 2003
In exercise of the powers conferred by section 61 of the Education Act, the Minister for Education hereby makes the following Regulations:
Citation and commencement
1.  These Regulations may be cited as the Education (Schools) (Amendment No. 2) Regulations 2003 and shall come into operation on 19th May 2003.
Amendment of regulation 90
2.  Regulation 90 of the Education (Schools) Regulations (Rg 1) is amended —
(a)by inserting, at the end of paragraph (1B)(a), the word “and”;
(b)by deleting the word “; and” at the end of paragraph (1B)(b) and substituting a full-stop;
(c)by deleting sub-paragraph (c) of paragraph (1B); and
(d)by inserting, immediately after paragraph (1B), the following paragraphs:
(1C)  If it appears to the Director-General that any principal or cluster superintendent who is not in the employment of the Government but who is authorised by the Director-General to administer the School Fund under paragraph (1A) —
(a)has failed to collect any moneys owing to the School Fund the collection of which he was responsible for;
(b)is responsible for any improper payment of moneys from the School Fund or for any payment of such moneys which was not duly vouched; or
(c)is responsible for any deficiency in any moneys in the School Fund,
the Director-General shall require the principal or cluster superintendent to furnish an explanation for the matter referred to in sub-paragraph (a), (b) or (c), as the case may be, within the period specified by the Director-General.
(1D)  If a satisfactory explanation is not furnished to the Director-General within the period specified by him under paragraph (1C), the Director-General may appoint a committee to inquire into the matter and to submit a report to him.
(1E)  The committee referred to in paragraph (1D) shall consist of —
(a)a public officer appointed by the Director-General;
(b)a person appointed by the employer of the principal or cluster superintendent concerned; and
(c)a person, not being a public officer or an employee of the employer referred to in sub-paragraph (b), appointed jointly by the Director-General and the employer referred to in sub-paragraph (b).
(1F)  The Director-General may, upon considering the report of the committee referred to in paragraph (1D), surcharge against the principal or cluster superintendent concerned the whole or such proportion as the Director-General thinks fit of any amount not collected, improper payment or deficiency, as the case may be.
(1G)  The Director-General may at any time withdraw any surcharge in respect of which a satisfactory explanation has been received or if it otherwise appears that no surcharge should have been made.
(1H)  The amount of any surcharge made under paragraph (1F) and not withdrawn under paragraph (1G) shall be a debt due to the Government from the person against whom the surcharge is made and may be sued for and recovered in any court of competent jurisdiction at the suit of the Government.
(1I)  The Director-General may direct that the amount of any surcharge shall be recovered by equal monthly instalments by deductions from the salary of the person against whom the surcharge is made in amounts not exceeding one-fourth of the total monthly salary of such person.”.
[G.N. Nos. S 537/91; S493/92; S 451/93; S 352/94; S 61/2002; S 208/2003]

Made this 16th day of May 2003.

Permanent Secretary,
Ministry of Education,
[EDUN C13-03-053; AG/LEG/SL/87/2003/1 Vol. 1]
(To be presented to Parliament under section 61(2) of the Education Act).