ARRANGEMENT OF SECTIONS

PRELIMINARY

PART I
CENTRAL ADMINISTRATION

PART II
THE STATUTORY SYSTEM OF EDUCATION

The Three Stages of the System

Provision and Maintenance of Primary and Secondary Schools

Management of Primary Schools and Secondary Schools

Secular Instruction and Appointment and Dismissal of Teachers
in Maintained or Assisted Schools

Religious Education in Maintained Schools

Primary and Secondary Education of Pupils Requiring
Special Educational Treatment

Compulsory Attendance at Primary and Secondary Schools

Further Education

Supplementary Provisions as to Primary, Secondary
and Further Education

Employment of Children

Miscellaneous Provisions

PART III
INDEPENDENT SCHOOLS

PART IV
GENERAL

General Principle to be Observed by the Minister

Miscellaneous Provisions

FIRST SCHEDULE - Management of Maintained Schools.

SECOND SCHEDULE - Exempt Schools.

THIRD SCHEDULE.

CHAPTER 46

EDUCATION

[Assent 23rd May, 1962]
[Commencement 1st September, 1962]

"alterations" in relation to any school premises, includes any improvements or enlargements which do not amount to the establishment of a new school;

"assist" in relation to any school or institution has the meaning assigned to it by subsection (2) of this section;

"child" means a person who is not over compulsory school age;

"compulsory school age" has the meaning assigned to it by section 22 of this Act;

"contract service" means employment in the public service of The Bahamas for a fixed period of time whether or not such employment is renewable on expiration of such fixed period of time;

"Council" means the National Advisory Council for Education established under section 7 of this Act;

"Department" means the Department of Education established under section 5 of this Act;

"Director" means the Director of Education referred to in section 5 of this Act;

"exempt school" means a school referred to in the Second Schedule to this Act;

"further education" has the meaning assigned to it by section 27 of this Act;

"independent school" means any school at which full-time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided for pupils under or over that age), not being a school maintained by the Minister;

"institution for the provision of further education" has the meaning assigned to it by section 29 of this Act;

"maintain" in relation to any school or other educational establishment has the meaning assigned to it by subsection (2) of this section;

"medical inspection" means inspection by or under the direction of a medical officer employed or engaged, whether regularly or for the purpose of a particular case, by the Minister or the Minister of Health;

"medical officer" means a duly qualified medical practitioner employed or engaged, whether regularly or for the purposes of any particular case, by the Minister or the Minister of Health;

"medical treatment" includes assessment, examination and treatment by any duly qualified medical practitioner;

"Minister" means the Minister responsible for Education;

"parent", in relation to any child or young person, includes a guardian and every person who has the actual custody of a child or young person;

"premises", in relation to any school, includes any detached playing fields, but, except where otherwise expressly provided, does not include a teacher's dwelling house;

"primary education" has the meaning assigned to it by section 12 of this Act;

"primary pupil" means a child who has not attained the age of twelve years;

"primary school" means, subject to the provisions of subsection (3) of this section, a school for providing primary education;

"proprietor", in relation to any institution for the provision of further education or school, means the person or body of persons responsible for the management of the institution for the provision of further education or school, and for the purposes of the provisions of this Act relating to applications for the registration of independent schools, includes any person or body of persons proposing to be so responsible;

"pupil", where used without qualification, means a person of any age for whom education is required to be provided under this Act;

"registered pupil" means, in relation to any school, a pupil registered as such in the register kept in accordance with the requirements of this Act, but does not include any child who has been withdrawn from school in the prescribed manner;

"registered school" means an independent school registered in the register of independent schools, whereof the registration is final;

"regulations" means regulations made by the Minister under the provisions of this Act;

"school" means an institution for providing primary or secondary education or both primary and secondary education being a school maintained by the Minister or an independent school, and the expression "school" where used without qualification shall include any such school or all such schools as the context may require;

"school year" shall have the meaning assigned to it in section 10 of this Act;

"secondary education" has the meaning assigned to it by section 12 of this Act;

"secondary pupil" means a person who has attained the age of twelve years but has not attained the age of nineteen years;

"secondary school" means, subject to the provisions of subsection (3) of this section, a school for providing secondary education;

"special educational treatment" has the meaning assigned to it by subsection (2)(c) of section 12 of this Act;

"special school" means a school, set aside for that purpose, wherein special educational treatment is provided for pupils suffering from any disability of mind or body;

"statutory educational system" means the educational system established, maintained or operated by the Minister under the provisions of this Act;

"trained teacher" means a teacher, senior teacher, master teacher or senior master or senior mistress who is classified by the Minister as being qualified academically and professionally and is the holder of a certificate issued by the Minister in that behalf;

"young person" means a person over compulsory school age who has not attained the age of nineteen years.

(2) For the purposes of this Act-

(3) So long as any school is used for providing both primary and secondary education, references in this Act to primary schools shall be construed as including references to that school, and references therein to secondary schools shall be construed as excluding any reference thereto:

Provided that where the primary education provided in any such school is provided in a separate department, the Minister may direct that for purposes of this Act the school shall be deemed to be a secondary school, and such references as aforesaid shall be construed accordingly.

(4) For the purposes of this Act, a pupil in attendance at a school who attains any age during the term of the school shall be deemed not to have attained that age until the end of the term.

(2) The purpose of such development shall be to enable the children of The Bahamas to understand their privileges and responsibilities as members of the community, to contribute to the progress and well-being of The Bahamas by the full development of their natural abilities, and to earn an adequate livelihood as adults.

(2) Subject as hereinafter provided, the Minister shall have the superintendence and general oversight of all other primary, secondary and further education in The Bahamas.

(3) The Minister shall have authority, in so far as his resources permit, to establish, administer or discontinue those institutions and ancillary services required by the statutory educational system, and to make such regulations in this behalf as he may deem necessary from time to time.

(4) Any immovable property which immediately prior to the 7th day of January 1964, vested in the Board of Education shall upon such date vest in the Treasurer who shall hold the same in trust for Her Majesty in right of Her Government of The Bahamas for the purposes of this Act.

(5) Any movable property so vested in the said Board shall on the said date vest in the Minister for the purposes of this Act.

Provided that nothing in this section shall preclude the appointment by the Minister, or by the Director of such special advisory committees on educational matters as may be deemed necessary from time to time.

(2) The Council shall consist of eleven members to be appointed by the Minister, and the Minister shall appoint a member of the Council to be Chairman thereof.

(3) The Director shall appoint an officer of the Department of Education to be the Secretary to the Council.

(2) For the purposes of this section, a school year shall be deemed to be the period from the first day of September in any calendar year to the thirty-first day of August of the succeeding calendar year.

The schools provided under this section shall afford, in so far as the Minister's resources permit, opportunities to all pupils for education offering the variety of instruction and training desirable in view of their different ages, abilities and aptitudes, and of the different periods for which they may be expected to remain at school, including practical, technical and vocational instruction and training appropriate to their respective needs.

(2) In discharging his duties under this section, the Minister shall, in so far as his resources permit, have regard to-

Provided that paragraph (a) of this subsection shall not have effect in regard to special schools.

(2) Subject to the provisions of section 52 of this Act, the conditions under which assistance may be given to primary or secondary schools not maintained by the Minister, and the form and method of applications for such assistance, save as hereinafter provided, shall be set forth in regulations made under this Act:

Provided that the amount of any grant-in-aid payable to any secondary school immediately before the coming into operation of this Act, shall not be reduced by regulations made under this subsection without due notice and without the opportunity being given to such school to comply with the regulations made under this section of this Act.

Provided that for each school specified in the Third Schedule there shall be a School Board which shall consist of nine members.

(2) The members of a School Board shall be citizens of The Bahamas eighteen years of age and over elected by parents or guardians of children attending the school in such a manner as may be prescribed by the Minister. Members shall be elected for a period of three years at a time. For the purpose of electing members, the Principal of a school shall maintain a register of parents and guardians whose children attend the school. The Chairman of the School Board shall be elected by the members of the School Board.

(3) Where no School Board is established, each Council of a local government district shall make provision for the maintenance and upkeep of public school buildings and their environs.

(4) The Instrument of Management providing for the constitution and procedure of the School Board shall be that set forth in Part I of the First Schedule to this Act.

(5) The Articles of Management providing for the general administration of the school and for the relations between the Minister, the School Board and the Principal shall be those set forth in Part II of the First Schedule to this Act.

(6) For the purposes of this section the term "school" shall include those Family Island schools which, by reason of local conditions, may have on their rolls a number of secondary pupils.

(2) The secular instruction given to the pupils in every assisted school, save in so far as may be otherwise provided by the conditions in accordance with which assistance is granted to the school, shall be under the control of the proprietors of the school.

(3) The power to control the secular instruction provided in any school shall include power to determine the times at which the school session shall begin and end in any day, to determine the times at which the school terms shall begin and end, and to determine the school holidays, and to require that pupils in attendance at the school shall attend any class not conducted on the school premises for the purpose of receiving instruction or training included in the secular curriculum of the school.

(2) Subject to the provisions of this section, religious instruction shall be given in every maintained school.

(3) It shall not be required, as a condition of any pupil attending any maintained school, that he shall attend or abstain from attending any Sunday school or any place of religious worship.

(4) If the parent or guardian of any pupil in attendance at any maintained school requests in writing that he be excused from attendance at religious worship or religious instruction at the school, or from both, then, until the request is withdrawn, the pupil shall be excused from such attendance accordingly:

Provided that excuse from such attendance shall not alter the pupil's liability to come to school at the starting time or to remain there during normal school hours.

(2) No teacher in any maintained school shall be required to give the religious instruction prescribed by the Minister, if such teacher conscientiously and bona fide objects to give such instruction on religious grounds.

(2) Arrangements made by the Minister for the special educational treatment of pupils of any such category shall, in so far as the resources of the Minister permit, provide for the education of pupils with serious disabilities in special schools, or where the disability is not serious, the arrangements may provide for the giving of such education in any school maintained by the Minister:

Provided that, in cases where facilities for special educational treatment do not exist, the Minister shall not be obliged to accept into any maintained school a pupil with a disability of body or mind, where the acceptance of such pupil would, in the view of the Minister, adversely affect the education of other pupils in attendance at the school.

(3) The regulations made under this section with respect to special schools shall secure that, as far as practicable, every pupil in attendance at any such school shall attend religious worship and instruction, or shall be withdrawn from such religious worship and instruction in accordance with the wishes of his parent or guardian.

(2) If the parent of any child who has attained the age of five years requests the Minister to cause the child to be so medically examined as aforesaid, the Minister shall comply with the request unless in the opinion of the Minister the request is unreasonable.

(3) No pupil who has attained the age of sixteen years shall be required to leave any maintained school unless he is incapable of benefiting from the types of education and instruction available:

Provided that, save in exceptional circumstances and with the approval of the Director, no pupil shall be permitted to continue attending a secondary school maintained by the Minister after the age of nineteen years.

(2) The provisions relating to the compulsory attendance of children at school may be carried out by officers appointed by the Governor-General acting in accordance with the advice of the Public Service Commission, in that behalf under this Act.

(3) Officers appointed under subsection (2) of this section shall have the powers, authorities, privileges and protection conferred upon constables at common law or by any Act.

(4) Such officers may enter with the permission of the parent or guardian any place between the hours of 8 a.m. and 5 p.m. of any day except Sunday for the purpose of making such enquiries and discharging such other duties as may be imposed upon them by the Minister under the provisions of this Act or any regulation made under the provisions of this Act.

(5) Any person who-

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding seventy-five dollars.

(2) If after such a notice has been served upon a parent, the parent fails to satisfy the Minister in accordance with the requirements of the notice that the child is receiving efficient full-time education suitable to his age, ability and aptitude, then, if in the opinion of the Minister it is expedient that he attend school, the Minister shall serve upon the parent an order in the prescribed form (hereinafter referred to as a "school attendance order") requiring him to cause the child to become a registered pupil at a school named in the order.

(3) If at any time while a school attendance order is in force with respect to any child, the parent of the child makes application to the Minister requesting that another school be substituted for that named in the order, by reason of the removal of the child's family, or if in the opinion of the Minister it is desirable that the child be transferred to another school, then the Minister may accordingly amend or revoke the order.

(4) If any person upon whom a school attendance order is served fails to comply with the requirements of the order, he shall be guilty of an offence against this section, unless he proves to the satisfaction of the Minister that he is causing the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school.

(5) A school attendance order made with respect to any child shall, subject to any amendment thereof which may be made by the Minister, continue in force as long as the child is of compulsory school age, unless revoked by the Minister.

(2) In any proceedings for an offence against this section, the child shall not be deemed to have failed to attend regularly at the school by reason of his absence therefrom with leave or-

(3) Where in any proceedings for an offence against this section it is proved that the child has no fixed abode, paragraph (c) of subsection (2) shall not apply, but if the parent proves that he is engaged in any trade or business which requires him to travel from place to place, and that the child has attended at a school at which he was a registered pupil as regularly as the nature of the trade or business permits, the parent shall be acquitted:

Provided that, in the case of a child who has attained the age of six years, the parent shall not be entitled to be acquitted under this subsection unless he proves that the child had made at least 200 attendances during the period of 12 months ending with the date of which proceedings were instituted.

(4) In this section, the expression "leave" in relation to any school means leave granted by any person authorised in that behalf by the managing authority of the school, and the expression "walking distance" means, in relation to a child who has not attained the age of eight years two miles, and in the case of any other child three miles, measured by the nearest available route.

(2) It shall be the duty of the Minister to institute proceedings for such offences as aforesaid whenever, in his opinion, the institution of such proceedings is necessary for the purpose of enforcing the duty imposed upon a parent by this Act to cause his child to receive efficient full-time education suitable to his age, ability and aptitude, and no such proceedings shall be instituted except by or on behalf of the Minister.

(3) Where the court before which a prosecution is brought for an offence against section 25 is satisfied that the child in respect of whom the offence is alleged to have been committed has failed to attend regularly the school at which he is a registered pupil, then, whether or not the parent is convicted, the court may direct that the child be brought before a juvenile court by the Minister, and such court may, if it is satisfied that it is necessary to do so for the purpose of securing the regular attendance of the child at school, make any order that such court has power to make under section 50 of the Children and Young Persons (Administration of Justice) Act.

(4) Where proceedings have been instituted for an offence against section 25 alleged to have been committed in respect of any child, and it appears to the officer by whom proceedings were instituted on behalf of the Minister that there is reasonable cause to believe that the punishment of the parent would not be sufficient to secure the regular attendance of the child at school, it shall be his duty to apply to the court for a direction under subsection (3) of this section; and where such an application is made, such a direction shall be given unless the court is satisfied that no such direction is necessary for the purpose aforesaid.

(2) Nothing in subsection (1) of this section contained shall preclude the Minister from providing, outside of such institutions or in association with existing schools or other educational establishments, such special classes or courses for persons over compulsory school age as he may deem necessary from time to time with the purpose of providing such physical, practical, vocational or academic training as will enable them to develop their various aptitudes and capabilities and will prepare them for the responsibilities of citizenship.

(2) The Minister shall cause a register to be maintained of every institution for the provision of further education established or conducted under the provisions of this section, which shall contain such particulars thereof as the Minister may direct.

(3) Any person who contravenes the provisions of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction in the case of a first offence to a fine not exceeding one hundred and fifty dollars or in the case of a second or subsequent offence to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment, and any principal, professor, lecturer, teacher or other person who lectures, teaches or gives instruction in any institution knowing it to be established or conducted in contravention of subsection (1) of this section, shall be guilty of a like offence and shall be liable on summary conviction to the like penalties.

(4) If at any time the Minister is satisfied that any institution for the provision of further education is objectionable upon all or any of the following grounds-

the Minister shall serve upon the proprietor of the institution a notice stating the grounds of complaint together with full particulars of the matters complained of, and the notice shall specify the measures necessary in the opinion of the Minister to remedy the matters complained of, and shall specify the time within which such measures are required to be taken.

(5) Where a proprietor of an institution for the provision of further education has been served with a notice under subsection (4) of this section and fails, within the time specified in such notice to take the measures necessary in the opinion of the Minister to remedy the matters complained of, the Minister may forthwith revoke his consent given in pursuance of subsection (1) of this section in respect of such institution.

(6) Where the Minister revokes his consent in respect of any institution for the provision of further education in pursuance of this section, he shall by notice in writing inform the proprietor of such revocation, and the proprietor of the institution may within twenty-eight days from the date of such notice appeal therefrom in such manner as may be prescribed by rules made under section 76 of the Supreme Court Act.

(7) Regulations may be made prescribing the particulars of institutions for the provision of further education to be furnished to the Director, and such regulations may provide for the notification to the Director of any changes in the particulars so furnished, and as to the circumstances in which the Minister may revoke his consent to the conduct within The Bahamas of any such institution in the event of the Director being unable to obtain sufficient particulars thereof.

(8) For the purpose of this section the expression "institution for the provision of further education" means any university, college, school or other organised institution in or by which courses in further education are conducted.

unless such college, school, educational institution or university, as the case may be, shall have been incorporated either by charter granted by Her Majesty the Queen or by or under some enactment regulating the establishment of a university or universities in The Bahamas.

(2) Any person who contravenes the provision of subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction in the case of a first offence to a fine not exceeding one hundred and fifty dollars or, in the case of a second or subsequent offence, to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

(2) For the purpose of securing the proper medical inspection of pupils in attendance at any school or other educational establishment, any Government officer authorised in that behalf by the Minister may require, by notice in writing, the parent of any pupil in attendance at such school, to submit the pupil for medical inspection in accordance with arrangements made by the Minister and may require any pupil in attendance at any other educational establishment to submit to such inspection; and any person who fails without a reasonable excuse to comply with any such requirements shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding seventy-five dollars.

(3) It shall be the duty of the Minister to make arrangements for encouraging and assisting pupils to take advantage of such facilities for medical treatment as may be made available by Government from time to time:

Provided that if the parent of any pupil gives to the Minister notice that he objects to the pupil availing himself of any medical treatment provided under this section, the pupil shall not be encouraged or assisted to do so.

(4) The Minister is empowered to make regulations for the implementation of the provisions of this section.

(2) The Minister, in making arrangements for the provision of facilities, or the organization of activities under the powers conferred on him by subsection (1) of this section shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities for or the organization of activities of a similar character.

(2) If the person or clothing of any pupil is found upon such examination to be infested with vermin or in a foul condition, any officer of the Minister may serve upon the parent of the pupil a notice requiring him to cause the person and clothing of the pupil to be cleansed within twenty-four hours.

(3) If the parent fails to comply with a notice served under subsection (2) he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty dollars.

(4) Where an officer of the Minister suspects that the person or clothing of any pupil in attendance at a school maintained by the Minister is infested with vermin or in a foul condition, but action for the examination thereof cannot immediately be taken, he may, in the interests of the pupil or of other pupils in attendance at the school, direct that the pupil be excluded from the school until such action is taken.

(5) No girl shall be examined under the powers conferred by this section save by a duly qualified medical practitioner or by a woman authorised for that purpose by the Minister.

(2) Before any child is so medically examined as aforesaid, the Minister shall cause notice to be given to the parent of the time and place of such examination, and the parent shall be entitled to be present at the examination if he so desires.

(3) If, after considering the advice given with respect to any child by a Government medical officer after such examination as aforesaid and any reports or information which the Minister is able to obtain from teachers in respect of the ability and aptitude of the child, the Minister decides that the child is suffering from a disability of mind or body of such a nature or to such an extent as to make him incapable of receiving education at school, it shall be the duty of the Minister to issue to the parents a report that the child has been found incapable of receiving education at school.

(4) For the purposes of this section, a child shall be deemed to be suffering from a disability of mind or body of such a nature and to such an extent as to make him incapable of receiving education at school not only if the nature and extent of his disability are such as to make him incapable of receiving education, but also if they are such as to make it inexpedient that he should be educated in association with other children either in his own or their own interests.

(5) If the Minister is satisfied that any child in attendance at a school maintained by him is suffering from a disability of mind or body of such a nature or to such an extent that he will, in the opinion of the Minister, require supervision after leaving school, the Minister shall before the child ceases to be of compulsory school age issue to the parent of the child a report that by reason of a disability of mind the child may require supervision after leaving school.

(2) The Minister may, by notice in writing served upon the parent or employer of any child who is a registered pupil at a school maintained by him, require the parent or employer to provide the Minister, within such period as may be specified in the notice, with such information as appears to the Minister to be necessary for the purpose of enabling him to decide whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3) Any person who employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section, and shall be liable on summary conviction, in the case of a first offence to a fine not exceeding fifty dollars, in the case of a second offence to a fine not exceeding seventy-five dollars, and in the case of a third or subsequent offence to a fine not exceeding one hundred dollars or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

Provided that in the case of any part-time class or course provided by the Minister for pupils above compulsory school age under any scheme for further education, the Minister shall have power to charge in respect of such part-time courses such fees as he may deem necessary.

(2) The tuition fees shall be payable each term to the Principal in advance and the fee for books and supplies shall be paid to him annually in advance, and the Principal shall without delay pay the same into the Treasury.

(2) Regulations may be made under this section with regard to the emoluments, allowances and conditions of service of students in training as teachers, their selection, training and retraining as teachers.

(3) In this section, "teachers" includes-

(2) No independent school, (other than an exempt school) which is not in existence at the date of the coming into operation of this Act, shall be opened, maintained or conducted unless and until it is registered under the provisions of this Act, and pending compliance with the provisions of subsection (3) of this section, the Minister may grant provisional registration for such period as he may think fit to any such school.

(3) Any independent school the proprietor of which makes application to the Minister for registration under the provisions of this Act, shall be so registered unless it is objectionable on any of the following grounds-

(4) Where the Minister refuses to grant any application of an independent school for registration under the provisions of this Act, he shall give to the proprietor of the school notice of his refusal setting out the grounds therefor, and the management of the school may within twenty-eight days from the date of such notice appeal therefrom in such manner as may be provided by rules made under section 76 of the Supreme Court Act, to the Supreme Court, whose decision thereon shall be final and conclusive.

(5) If after the expiration of three months from the date of coming into force of this Act any person conducts or takes part in the conduct of an independent school (whether established before, or after the date of the coming into force of this Act and not being an exempt school), which is not a registered school, he shall be guilty of an offence and shall be liable on summary conviction to fine not exceeding eighty dollars or in the case of a second or subsequent conviction, to a fine not exceeding two hundred dollars or to imprisonment for a term not exceeding three months, or to both such imprisonment and such fine.

(6) Regulations may be made prescribing the particulars to be furnished to the Registrar of Independent Schools and such regulations may provide for the notification to the Registrar of any changes in the particulars so furnished, and as to the circumstances in which the Minister may order the name of any school to be deleted from the register in the event of the Registrar being unable to obtain sufficient particulars thereof. Such regulations may also prescribe the procedure for the hearing by the Minister of an application for registration.

the Minister shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of, and, unless any of such matters are stated in the notice to be in the opinion of the Minister irremediable, the notice shall specify the measures necessary in the opinion of the Minister to remedy the matters complained of, and shall specify the time, not being less than three months after the service of the notice, in the case of complaint under subparagraphs (a) and (b) of this subsection, within which such measures are required to be taken.

(2) If it is alleged in any notice of complaint served under this section that any person employed as a teacher at the school is not a proper person to be a teacher in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him.

(3) Every notice of complaint served under this section and every copy of such a notice so served shall limit the time, not being less than one month after the service of the notice or copy within which the complaint may be referred to the Supreme Court under the provisions hereinafter contained

(2) Upon such a complaint being submitted to the Supreme Court, the Supreme Court may, after due investigation-

(3) Where a notice of complaint has been served under this Act on the proprietor of any school and the complaint is not submitted by him to the Supreme Court within the time limited in that behalf in the notice, the Minister shall have power to make any order which the Supreme Court would have had power to make had the complaint been so referred:

Provided that, if it was alleged by the notice of complaint that any person employed as a teacher at the school is not a proper person to be a teacher in any school and that person has, within the time limited in that behalf by the copy of the notice served upon him, submitted the complaint to the Supreme Court, the Minister shall not have power to make an order requiring his dismissal or disqualifying him from being a teacher in any school.

(4) Where by virtue of an order made by the Supreme Court or by the Minister any person is disqualified either from being the proprietor of an independent school, or from being a teacher in any school, then, unless the order otherwise directs, that person shall be disqualified both from being the proprietor of an independent school and from being a teacher in any school.

(2) If any person uses any premises for purposes for which they are disqualified by virtue of an order made under this Part of this Act, that person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding eighty dollars or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(3) If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher in any school, while he is disqualified from so acting or from being so employed by virtue of any order as aforesaid, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding eighty dollars or in the case of a second or subsequent conviction to a fine not exceeding two hundred dollars, or to imprisonment for a term not exceeding three months, or to both such imprisonment and such fine.

(4) No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the Attorney-General or the Minister.

(2) Any person who is aggrieved by the refusal of the Minister to remove such disqualification may, within one month after the refusal has been communicated to him, appeal therefrom, in such manner as may be provided by rules made under section 76 of the Supreme Court Act, to the Supreme Court.

(2) The Minister may cause inspections to be made of schools assisted by the Minister and of schools not assisted by the Minister but registered under the provisions of this Act. The Minister may also cause inspections to be made of institutions for the provision of further education established or conducted under the provisions of this Act. Inspection of such schools and institutions shall be carried out not more frequently than once every six months and due notice thereof shall be given to such schools or institutions. Such inspection shall not exceed ten days duration, save with the agreement of the school or institution authorities, and a copy of any report to the Minister thereon shall be supplied to the said school or institution authorities.

(3) Any person who obstructs any inspector, the Director or any person authorised by him to make an inspection in pursuance of the provisions of this section in the execution of his duty, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty dollars, in the case of a second or subsequent conviction, to a fine not exceeding one hundred dollars.

(4) The religious instruction given in any school maintained by any religious organization shall not be subject to inspection as aforesaid.

(2) The regulations made under this section shall prescribe the procedure by which the removal, withdrawal or transfer of any child of compulsory school age from any school not maintained by the Minister shall be reported to the Minister, for the purpose of securing that any child of compulsory school age shall continue to attend school for so long as he is of compulsory school age.

(3) If any person contravenes or fails to comply with any requirement imposed on him by regulations made under this section, he shall be guilty of an offence and shall be be liable on summary conviction to a fine not exceeding seventy-five dollars.

and regulations may be made governing the exercise of such powers.

Provided that no such assistance shall be granted to any such school unless-

Provided further that such assistance shall not be withheld or reduced solely on the ground that the qualifications of any teacher at such school have not been obtained at a British University or Institution.

(2) In particular, and without prejudice to the generality of the foregoing power, such regulations may relate to all or any of the following matters, except where specific provision therefor is made in this Act, that is to say-

(u)     the information to be furnished to the Minister by institutions for the provision of further education, schools and teachers, and the form and time in which such information shall be furnished;

(v)     the minimum standards of achievement for the graduation of secondary pupils attending secondary schools maintained by the Minister.

(2) Subject to the provisions of the Financial and Administration and Audit Act, each Board shall open an account in respect of moneys provided with any bank, and all deposits and withdrawals of such moneys shall be recorded in the account:

Provided that withdrawals from the account shall be signed by the Chairman and the Principal.