Education Act

Education (Private Primary Schools) Regulations 1989

[GN 48 of 1989 – 8 April 1989] [Section 38]

1. These regulations may be cited as the Education (Private Primary Schools) Regulations 1989.

2. In these regulations –

"authorised officer" means a public officer authorised as such by the Minister;

"private primary school" means an establishment, not owned and managed by Government, which provides education leading to the Certificate of Primary Education examinations.

3. (1) No private primary school shall begin to function unless it is registered under these regulations.

(2) An application for the registration of a private primary school shall be made –

 (a) by or on behalf of the person who is likely to become the manager of the school;

 (b) not later than 31 July of the year in which the school is due to be opened;

 (c) in such form as the Minister may determine.

(3) On receipt of an application made under paragraph (2), the Minister may register or refuse to register the private primary school.

(4) Where the Minister agrees to register a private primary school, he shall, on payment of a fee of 100 rupees, issue a certificate of registration.

(5) A certificate of registration issued under paragraph (4) shall be valid for a period of 2 years and may be renewed for a period of 2 years on payment of such fee as the Minister may determine.

(6) No private primary school shall be registered unless it complies with such requirements relating to the conditions of the premises, sanitary conditions and health and safety provisions as the Minister may determine.

(7) –

4. (1)  Every private primary school shall be managed by a manager who shall be a fit and proper person and registered as a manager.

(2) An application for registration as manager shall be made to the Minister in such form as the Minister may approve.

(3) The manager shall be responsible to the Minister for the effective running of the private primary school.

(4) Except with the express approval in writing of the Minister, no individual manager shall be responsible for more than one private primary school.

5. (1) No person shall work in a private primary school in a teaching or other capacity unless he is registered.

(2) An application for registration under paragraph (1) shall be made to the Minister in such form as the Minister may approve.

(3) Save in exceptional circumstances as the Minister may determine, no person who is under 18 years of age shall be registered.

(4) No person shall be registered to work in a private primary school unless he produces a medical certificate regarding his fitness to the satisfaction of the Minister.

(5) Every certificate produced pursuant to paragraph (4) shall be renewed every 3 years.

(6) No person shall be registered to teach in a private primary school unless he is the holder of a Cambridge School Certificate or an equivalent qualification acceptable to the Minister.

6. Every manager shall keep –

(a) an admission register;

(b) an attendance register;

(c) a register of teaching and non-teaching staff;

(d) an inspection register;

(e) a cash book;

(f) a visitor's book;

(g) an inventory of furniture and equipment;

(h) a time-table;

(i) a detailed syllabus for each class and each subject in the primary school curriculum.

7. Every teacher shall keep –

(a) a monthly scheme of work;

(b) a weekly plan of work;

(c) daily teaching notes.

8. An authorised officer may at any reasonable time visit a private primary school and inspect any document kept under regulations 6 and 7.

9. In every private primary school –

(a) there shall be at least one teacher for every 35 children;

(b) the teaching time shall be not less than 6 hours daily;

(c) there shall be 3 terms which shall be the same as those of the primary sector or as the Minister may otherwise approve.

10. The manager of every private primary school shall at the end of February in every year submit to the Minister a list of pupils, together with a list of members of the staff.

11. Any person who contravenes these regulations shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees and to imprisonment for a term not exceeding one year.

_______________

Education Regulations 1957

[First Schedule of Act 39 of 1957 – 28 December 1957] [Section 38]

PART I – PRELIMINARY

1. Short title

These regulations may be cited as the Education Regulations 1957.

2. Interpretation

In these regulations –

"Act" means the Education Act;

"Principal" means the head of a school, whether called Principal, rector, headmaster or otherwise.

PART II – ESTABLISHMENT

3. Qualifications of teachers for registration

(1) The minimum qualifications required for registration as qualified teacher are –

 (a) for the primary school stage –

  (i) a Monitor's Certificate and 3 years' service in a Government or Aided primary school or such other school as may be acceptable to the Minister;

  (ii) passes in the Cambridge Oversea School Certificate Examination, in the Cambridge Joint Examination for the School Certificate and General Certificate of Education Examination, or the London General Certificate of Education Examination (Ordinary Level), in English Language or English Literature and 3 other subjects at one and the same sitting, or in English Language or English Literature and 4 other subjects at more than one sitting, and, unless in any special case the Minister otherwise directs, 2 years' satisfactory service in a government or aided primary school or such other school as may be acceptable to the Minister; or

  (iii) a certificate from a recognised Teacher's Training College, Institute of Education or similar institution;

 (b) for the private secondary school stage –

  (i) a Higher School Certificate or an equivalent qualification which is acceptable to the Minister and complies with paragraph (2); or

  (ii) where registration is sought in respect of physical education, art, music, dance, or craft, a Cambridge School Certificate or an equivalent qualification acceptable to the Minister together with a diploma or certificate which is recognised by the Minister and based on a 2 year full-time course or an equivalent part-time course; or

  (iii) where registration is sought in respect of Arabic, Hindi, Mandarin, Marathi, Tamil, Telegu or Urdu, a Cambridge School Certificate or an equivalent qualification acceptable to the Minister, together with –

   (A) a diploma or certificate which is recognised by the Minister and based on a 2 year full-time course or an equivalent part-time course; or

   (B) a pass at Principal or Advanced Level in the appropriate subject.

(2) The qualification which shall be deemed to be the equivalent of a Higher School Certificate for the purpose of paragraph (1)(b)(i) shall be –

 (a) passes in 2 subjects at Principal or Advanced Level at one and same sitting, with passes in 3 other subjects at Credit or Ordinary Level, including English Language on one and same certificate; or

 (b) passes in 3 subjects at Principal or Advanced Level, obtained at not more than one sitting, together with passes in 2 other subjects at Credit or Ordinary Level, including English Language on one and same certificate.

[Reg. 3 amended by reg. 2 of GN 59 of 1958 w.e.f. 29 August 1958; reg. 2 of GN 35 of 1959 w.e.f. 22 April 1959; reg. 2 of GN 45 of 1963 w.e.f. 6 July 1963; reg. 3 of GN 72 of 1986 w.e.f. 26 July 1986; reg. 3 of GN 93 of 1987 w.e.f. 1 June 1987; reg. 3 of GN 97 of 1988 w.e.f. 19 November 1988; reg. 3 of GN 134 of 2002 w.e.f. 7 September 2002.]

4. Appointment and promotion of teachers

(1) The minimum qualifications for permanent appointment as teacher, whether in a Government primary school, an aided primary school, a Government secondary school or a junior technical school, shall be those specified in the official qualifications for the post under regulation 15 of the Public Service Commission Regulations 1967.

(2) (a) Subject to subparagraph (b), the first appointment of a student who has satisfactorily completed a prescribed course of training at the Teachers' Training College, or of a person who possesses an equivalent professional certificate acceptable to the Minister, as Teacher Class II and Class III in Government and aided primary schools shall be made by the Minister.

 (b) In respect of aided schools, the Minister shall take into consideration the wishes of the appropriate Education Authority, if any, and shall not appoint any teacher who is unacceptable to the Education Authority concerned.

(3) Every promotion of a teacher in an aided primary school shall be made by the appropriate Education Authority, if any, and shall be subject to the approval of the Minister.

(4) In the Government and aided primary schools, there shall be 3 grades of assistant teachers called Third Class, Second Class and First Class teachers. First appointments may be made either as Third Class or Second Class teachers according to the Training College course followed or the qualifications held. No Third Class teacher may be regraded as a Second Class teacher before satisfactorily completing such period of further training or obtaining such supplementary qualifications as the Minister may direct.

(5) In addition to the categories of permanently employed primary school teachers referred to in paragraph (4), the Minister may recruit a teacher for the short-term replacement of a permanent teacher.

[Reg. 4 amended by reg. 3 of GN 59 of 1958 w.e.f. 29 August 1958; reg. 3 of GN 45 of 1963 w.e.f. 6 July 1963; reg. 3 of GN 51 of 1975 w.e.f. 1 January 1975.]

4A. Qualifications of teachers for Forms V and VI

Except with the approval of the Minister, no teacher shall be employed in a secondary school to teach in any class above Form IV unless he possesses a Cambridge Higher School Certificate with a pass in General Paper and in 5 units as defined in the Cambridge Syndicate regulations, or a London General Certificate of Education with a pass in English Language at ordinary level and passes in 3 other subjects at advanced level or a pass in English Language and another subject at ordinary level and passes in 2 other subjects at advanced level.

[Reg. 4A inserted by reg. 3 of GN 35 of 1959 w.e.f. 22 April 1959.]

4B. –

4C. Qualifications of principals

(1) Subject to regulation 4D(2), no person shall be employed or act as the principal of a secondary school or of any section or department of the school unless –

 (a) he is a qualified teacher and full-time member of the staff with a reasonable teaching load and sufficient free time to ensure adequate and proper control and supervision of the school, or section or department thereof, as the case may be; and

 (b) he possesses a degree from a recognised University, and, where he –

  (i) is the holder of a Postgraduate Certificate of Education, not less than 5 years' teaching experience; or

  (ii) is not the holder of a Postgraduate Certificate of Education, not less than 8 years' teaching experience.

(2) For the purpose of paragraph (1)(b), in computing the number of years' experience, account shall be taken solely of the teaching experience he shall have acquired in one or more recognised schools after he has obtained his university degree.

[Reg. 4C inserted by reg. 3 of GN 35 of 1959 w.e.f. 22 April 1959; revoked and replaced by reg. 2 of GN 41 of 1973 w.e.f. 26 March 1973; reg. 3 of GN 280 of 1980 w.e.f. 1 October 1980.]

4D. Registration

(1) A principal may be registered for a probationary period not exceeding 2 years.

(2) Nothing in these regulations shall affect the registration of any person who was registered as a principal before the first day of October, 1980.

[Reg. 4D inserted by reg. 4 of GN 280 of 1980 w.e.f. 1 October 1980.]

4E. –

[EDITORAL Note – 4D came by GN 35 of 1959 and then came 4E by GN 45 of 1963. But legislators in 1980 by GN 280 of 1980 again inserted 4D, here they relettered existing 4D and 4E as 4F and 4G therefore 4E is missing.]

4F. Number of teachers and size of class in secondary school

(1) In every secondary school there shall be an overall teacher to pupil ratio of one teacher to 30 pupils.

(2) The size of a class shall not exceed 40 pupils.

[Reg. 4D inserted by reg. 3 of GN 35 of 1959 w.e.f. 22 April 1959; relettered as reg. 4F by reg. 4 of GN 280 of 1980 w.e.f. 1 October 1980.]

4G. Registration of specialist teacher

Any person possessing special approved qualifications in Arts, Music, Physical Education, Handicraft, Needlecraft, Cookery, Oral English, Oriental Languages or any other approved subject may be authorised to teach at the discretion of the Minister.

[Reg. 4G inserted by reg. 4 of GN 45 of 1963 w.e.f. 6 July 1963; relettered as reg. 4G by reg. 4 of GN 280 of 1980 w.e.f. 1 October 1980.]

5. Duties of school staff

The Minister may, in consultation with the appropriate Education Authority, if any, require any teacher whose salary is wholly paid from Government funds to teach in any school, attend any conference, meeting or in-service training course, or to perform such other duties, whether during term-time or in vacations, as he may consider necessary for the proper functioning of the education service.

6. Discipline

Every teacher in an aided primary school shall be subject to the same disciplinary regulations as a teacher in a Government school.

7. Disciplinary proceedings

(1) Disciplinary action against a Government teacher shall be in accordance with the procedure laid down in the Public Service Commission Regulations 1967.

(2) Disciplinary action against a teacher in an aided primary school shall be in accordance with such procedure as may be determined by the Minister in consultation with the Education Authority, if any.

8. Medical examination

(1) (a) No teacher or other person shall be employed in a school unless he has been medically examined, and such medical examination shall include an X-Ray examination of the chest.

(b) Thereafter the teacher or other person shall undergo an X-Ray examination at regular intervals to be specified by the Permanent Secretary of the Ministry responsible for the subject of health for so long as he shall remain in employment.

(2) It shall be lawful for the Minister on the advice of the Permanent Secretary of the Ministry responsible for the subject of health or a Government medical officer to require any teacher or other person employed in any school to be medically examined at any time.

9. Secondment of teachers

The Minister may, in consultation with the appropriate Education Authority, if any, second or transfer a teacher from a Government to an Aided primary school, or from an Aided primary school to a Government school or from the service of one Education Authority to another.

PART III – STUDENT

10. Admission and age limits

(1) (a) Subject to subparagraphs (b) and (c), no pupil shall be admitted to a Government primary school or an Aided primary school unless –

  (i) he has attained the age of 5 years on or before 31 December in the year preceding that in which he seeks admission; and

  (ii) he lives in such catchment area as may be drawn up by the Minister in relation to the school to which admission is sought and as may be published in the Gazette.

 (b) A pupil may, with the approval of the Minister, be admitted to a Government primary school or an Aided primary school where –

  (i) he satisfies the requirements of subparagraph (a)(i); and

  (ii) there exists, in that school, a vacancy which cannot be filled by a pupil who satisfies the requirements of subparagraph (a)(ii).

 (c) –

 (d) Any person who, in connection with an application for the admission of a pupil to a Government primary school or an Aided primary school, wilfully furnishes false or misleading information to the Minister or to an officer of the Ministry, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees.

(2) The burden of proving the age of the child seeking admission to school shall lie on his responsible party who shall produce the birth certificate of the child or in case such certificate is not available, such documentary evidence as may be acceptable to the Minister.

(3) First admissions to Government and Aided primary schools, and to Government central and secondary schools, shall be made only at the beginning of the school year, but admissions on transfer from one Government or Aided primary school to another, one junior technical school to another, or one Government or approved secondary school to another may be effected at any time of the year –

Provided that children arriving for the first time in Mauritius from overseas may be admitted at any time during the school year at the discretion of the Minister.

(4) –

(5) (a) (i) Every parent shall –

   (A) fill in an application form for the admission of his child or ward to a Regional College or approved secondary school; and

   (B) rank in order of preference all Regional Colleges and approved secondary schools in the geographical zone in which the child or ward resides.

  (ii) A parent may, in the application form, indicate one or more national colleges to which he is seeking the admission of his child or ward.

  (iii) Where a parent has, in the application form, indicated more than one National College, he shall rank the National Colleges in order of preference.

 (b) Priority of admission to Form I in any National College shall be determined on the basis of the grade aggregate and relative performance of an applicant at the Certificate of Primary Education (CPE) examinations and the parental choice specified under subparagraph (a).

 (c) Priority of admission to Form I in any Regional College or approved secondary school shall be determined –

  (i) on the basis of the residence of an applicant in the geographical zone in which the Regional College, or approved secondary school, is located and of the grade aggregate obtained by the applicant;

  (ii) where any 2 or more applicants are equally meritorious in accordance with the criteria of admission specified in sub subparagraph (i), on the basis of the proximity of the residence of each of the applicants to the Regional College, or approved secondary school, to which the applications relate; and

  (iii) in any case not provided for in sub subparagraphs (i) and (ii), in such manner as the Minister may consider fair and reasonable.

 (ca) Notwithstanding subparagraphs (b) and (c), an applicant who has passed the Certificate of Primary Education after the resit examination shall, in accordance with subparagraph (c), be admitted to Form I in any Regional College or approved secondary school where a vacancy exists.

 (d) The Minister shall –

  (i) approve the annual Programme for the Certificate of Primary Education (CPE) Examinations, which shall include the regulations and syllabuses for that particular year; and

  (ii) cause that Programme to be published in the Gazette.

 (e) This paragraph shall not apply to a student who has not passed the Certificate of Primary Education (CPE) examinations.

(5A) Any person who, in connection with an application for the admission of a student to Form I in a Regional College or an approved secondary school, wilfully furnishes false or misleading information to the Minister, or to any officer of the Ministry, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 1,000 rupees.

(6) No child who has failed the Certificate of Primary Education Examinations shall be admitted to the pre-vocational course unless he has attained the age of 12 on 1 January immediately following the Certificate of Primary Education Examinations.

(7) The Minister shall determine the qualifications and conditions for admission to the Teachers' Training College.

(8) A candidate seeking admission to the Teachers' Training College, or his legal guardian on his behalf if he is a minor, shall, before entering the College, be required to enter into a bond and an agreement relating to his studentship, training and employment on such terms and conditions as the M

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