Form B (REGISTRATION OF ISLAMIC RELIGIOUS SCHOOLS (MALACCA) REGULATIONS 2003

M.P.U. 1/2003
REGISTRATION OF ISLAMIC RELIGIOUS SCHOOLS (MALACCA) REGULATIONS 2003

Form B

(Paragraph 3(1)(b))

INSTRUMENT OF MANAGEMENT OF ISLAMIC RELIGIOUS SCHOOL

PART I - PRELIMINARY

1. There shall be established an Islamic Religious School which shall be known by the name of........................................................ (name of school to be registered) addressed at...................................... (or at any address as may be registered by the Registrar).

2. The purposes of the school is to provide Islamic religious education and knowledge and the teaching of Al-Quran to pupils, to produce pupils who are intellectually, spiritually, emotionally and physically balanced and harmonious based on a firm belief in and devotion to God, and any other matters incidental thereto.

PART II - BOARD OF MANAGEMENT OF SCHOOL

3. There shall be established a Board of Management for the religious school which shall consist of (at least seven persons and not more than seventeen persons) the following members:

(a) a Chairman;

(b) a Deputy Chairman;

(d) an Assistant Secretary;

(e) a Treasurer;

(f) (such numbers of member as may be required provided that the Board shall always have at least seven members).

4. (1) A member of the Board—

(a) shall be a person who is of sound mind and is not less than twenty-one years of age;

(b) shall be a Muslim;

(d) shall not be a bankrupt; and

(e) has not been convicted on any charge referred to in paragraph 6(g).

(2) Any member of the Board shall, unless he sooner resigns or vacates his office or his appointment is revoked, hold office for a term not exceeding two years and shall be eligible for reappointment.

5. A member of the Board shall give his consent prior to him to holding the office in the Board.

6. The office of a member of the Board shall be vacated—

(a) if he dies;

(b) if he resigns his office by notice in writing addressed to the Secretary or the Chairman of the Board and his resignation is accepted;

(d) if he absents himself from three consecutive meetings of the Board without leave of the Board;

(e) if he is of unsound mind or is otherwise incapable of performing his duties;

(f) if he becomes a bankrupt; or

(g) if there has been proved against him, or he has been convicted on, a charge in respect of—

(i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or

(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years.

7. Any vacancy in the Board shall be filled as soon as may be possible by a decision which shall be taken in the meeting of the Board, and the person appointed or elected to fill the vacancy in the office shall hold the office for the remainder of the term of the office.

8. The members of the Board shall manage and maintain the religious school in accordance with the provisions of the Control of Islamic Religious Schools (Malacca) Enactment 2002, the Registration of Islamic Religious Schools (Malacca) Regulation 2003 and other regulations made under that Enactment and its instrument of management approved by the Registrar.

PART III - MEETINGS OF BOARD

9. The Board shall meet at least four times a year at such time and place as the Chairman may determine.

10. A meeting of the Board shall be called by the Secretary of the Board by a notice of writing of at least seven days before the meeting is held, and the notice shall be sent to the members together with agenda of the meeting. However, three members of the Board may, by a notice in writing to the Secretary or the Chairman of the Board, request for an additional meeting to be held.

11. The quorum at all meetings of the Board shall be not less than two third (2/3) of the whole members of the Board.

12. At any meetings of the Board, if the Chairman of the Board is absent, the Deputy Chairman of the Board shall preside. If the Deputy Chairman is also absent, the members present may elect one of them to preside.

13. Every questions to be determined in any meeting of the Board shall be by votes of the majority of the members present and if there is an equality of votes, the Chairman or Deputy Chairman or the member as presiding shall have a casting vote.

14. (1) The Secretary of the Board shall be responsibe in managing the religious school’s correspondence and shall ensure that minutes of all meetings of the Board are maintained and kept in proper form.

(2) The minutes of meetings of the Board shall be submitted to the Registrar after one month a meeting was held.

15. (1) The Annual General Meeting of the religious school shall be held every year between the month of January until March.

(2) Each Annual General Meeting of the religious school shall contain the following agenda:

(a) recital of doa selamat and Al-Fatihah;

(b) address by the Chairman of the Board;

(d) matters arising;

(e) the tabling of the religious school’s Statement of Accounts and the religious school’s Financial Statement for the preceding year and estimates on revenue and expenditure for the current year;

(f) discussions on motions and proposals (if any); and

(g) other matters.

(3) One third of the parents whose children are studying in the religious school shall form the quorum for the Annual General Meeting of the religious school.

(4) A decision of the Annual General Meeting of the Religious School shall be unanimous or by majority votes of the parents present.

16. (1) A member of the Board who has or acquires a direct or indirect interest by himself or a member of his family in relation to any matter under discussion by the Board shall disclose to the Board the fact of his interest and its nature.

(2) A disclosure under subparagraph (1) shall be recorded in the minutes of the meeting of the Board in which the matter is discussed and, after the disclosure, the member—

(a) shall be disregarded for the purpose of constituting a quorum of the meeting of the Board; and

(b) shall not take part in or be present during any discussion or decision of the Board,

when the matter is discussed or decided upon.

17. The Board may invite any person to attend any meeting of the Board for the purpose of advising it on any matter under discussion, but any person so attending shall have no right to vote at any such meeting.

18. No act done or proceedings taken by the Board shall be questioned on the ground—

(a) of any vacancy in the membership of, or of any defect in the constitution of, the Board;

(b) of the contravention by any member of the Board relating to the disclosure of interest by such member; or

PART IV - FEE AND FINANCE

19. (1) Fees shall be imposed on the pupils.

(2) The fees prescribed shall be subject to the approval of the Board and the Registrar.

(3) Any other sources of revenue of the religious school shall be determined by the Board from time to time as the case may requires.

20. (1) The Board shall ensure to be kept proper accounts and other financial records in connection with the Religious School Account and such other accounts of the religious school.

(2) Subject to the provisions of the Control of Islamic Religious Schools (Malacca) Enactment 2002, the Registration of Islamic Religious Schools (Malacca) Regulations 2003 and other regulations made under that Enactment, the Religious School Account and such other accounts of the religious school shall be kept in the school by the Treasurer of the Board under the supervision of the Board or at any other place and in any manner as may be determined by the Board.

21. It shall be the responsibility of the Board to cause to be prepared estimates of revenue and expenditures of the religious school for each financial year to be approved by the Registrar.

22. The accounts of the religious school shall be made up until 31 December of each year. The Treasurer shall cause to be prepared the statements of receipts and expenditures and balance sheet for that year to be submitted to the Board and the Board shall cause the same to be audited by a qualified auditor or auditor or auditors appointed by the Board and approved by the Registrar.

23. The Treasurer shall submit to the Registrar a copy of the audited accounts not later than 31 March every year. The Registrar may request for further information or clarification regarding the accounts or may appoint an auditor or auditors to audit the accounts again if he thinks it necessary to do so.

24. All cash shall be kept in a bank chosen by the Board except that the Treasurer may keep an amount of RM500.00 at any one time for petty expenditures.

25. All cheques issued shall be signed by the Chairman, Treasurer and Secretary of the Board for any amount exceeding RM30,000.00 and cheques for lesser amount shall be signed by the Chairman and the Treasurer or the Secretary of the Board.

PART V - APPOINTMENT OF COMMITTEES

26. (1) The Board may with the consent of the Registrar establish committees as it may think necessary or expedient to assist it in the performance of its duties, functions and the exercise of its powers.

(2) The committees to be established by virtue of subparagraph (1) shall include the following:

(a) Jawatankuasa Pengambilan Pegawai dan Kakitangan;

(b) Jawatankuasa Tatatertib Pegawai dan Kakitangan;

(d) Jawatankuasa Kewangan;

(e) Jawatankuasa Kurikulum;

(f) Jawatankuasa Penilaian dan Peperiksaan;

(g) Jawatankuasa Ko-kurikulum;

(h) Jawatankuasa Pengambilan Pelajar;

(i) Jawatankuasa Tatatertib Pelajar; and

(j) Jawatankuasa Kebajikan Pelajar.

(3) Members of a committee established under subparagraph (1) may be appointed from amongst members of the Board or any other person as Board thinks fit.

(4) A member of a committee shall hold office for such term as may be specified in his letter of appointment and is eligible for reappointment.

(5) The Board may revoke the appointment of any member of a committee without assigning any reason therefor.

(6) A member of a committee may, at any time, resign by giving notice in writing to the chairman of the committee.

(7) A committee established under subsection (1)—

(a) shall be chaired by a member of the Board;

(b) shall conform to and act in accordance with any direction given to it by the Board; and

(8) The Board may, at any time, discontinuance or alter the constitution of a committee.

(9) A committee shall hold its meetings at such times and places as the chairman of the committee may determine.

(10) A committee may invite any person to attend its meeting for the purpose of advising it on any matter under discussion but the person shall not be entitled to vote at the meeting.

PART VI - MISCELLANEOUS

27. The Board shall accept any teacher or officer as may be placed by the Majlis Agama Islam Melaka or the State Government of Malacca in the religious school for any particular period or, if the Majlis or the State Government of Malacca thinks it necessary or expedient to do so.

28. (1) The Board may make, amend or revoke its Instrument of Management.

(2) A proposal to make a new Instrument of Management or amend or to revoke an existing instrument of Management shall be prepared by the Secretary of the Board and shall be consented to by the Chairman of the Board.

(3) A proposal to make a new Instrument of Management or to make any amendment to or to revoke an existing Instrument of Management shall not be submitted to the Registrar for approval unless the proposal has earlier been tabled in the meeting of the Board and approved by the Board.