Indians Education Amendment Act 9 of 1981

Indians Education Amendment Act, 1981 (No. 9 of 1981)

GENERAL EXPLANATORY NOTE:
[ ]  Words in bold type in square brackets indicate omissions from existing enactments.
__ Words underlined with solid line indicate insertions in existing enactments.

Act

• to amend the Indians Education Act, 1965, so as
  • to declare the contravention of or non-compliance with a provision of the rules of the constitution of a compulsory medical aid scheme for persons employed at certain schools to be misconduct;
  • to provide for steps to be taken if persons employed at certain schools are found to be unfit or inefficient; and
  • to provide for the substitution in the powers granted to the Minister to make regulations, for the words "nursery schools" of the words "pre-primary schools"; and
• to provide for incidental matters.

(Afrikaans text signed by the State President.)
(Assented to 10 February 1981.)

BE IT ENACTED by the State President and the House of Assembly of the Republic of South Africa, as follows:-

Amendment of section 16 of Act 61 of 1965, as amended by ·section 9 of Act 39 of 1979.

1. Section 16 of the Indians Education Act, 1965 (hereinafter referred to as the principal Act), is hereby amended by the addition of the following paragraph: 

"(s) he contravenes any provision of the rules of the constitution of a medical aid fund or medical aid society of which he is required to be a member in terms of the regulations or fails to comply with any provision of the said rules with which it is his duty to comply by virtue of his membership of such medical aid fund or medical aid society.".

Amendment of section 18 of Act 61 of 1965, as substituted by section 11 of Act 39 of 1979.

2. Section 18 of the principal Act is hereby amended by the substitution for subsection (3) of the following subsection:

"(3) When the Minister, having considered any report referred to in subsection (1) and any comments lodged in respect thereof in terms of subsection (2) (c), is satisfied that the person concerned is unfit for or incapable of efficiently performing the duties attached to his post, the Secretary shall by notice in writing, delivered or sent by post, notify such person accordingly and further notify him-

(a) that a further investigation in regard to such duties [(a)] will be instituted after the expiry of a period of at least 90 days and not m ore than one year from the date of such notice; [or] and 

(b) that, if such person within a period of 30 days from the date of such notice in writing requests the Secretary to cause such further investigation to be instituted by a person other than the person who lodged the said report, such further investigation will be instituted [as soon as may be practicable after expiry of such period of 30 days] by such other person as may be directed thereto by the Secretary.".

Amendment of section 33 of Act 61 of 1965.

3. Section 33 of the principal Act is hereby amended by the substitution for paragraph (c) of subsection (1) of the following paragraph: 

"(c) as to the award of grants-in-aid or subsidies and loans to governing bodies of State-aided schools, including [nursery] pre-primary schools, and hostels;''.

Short title.

4. This Act shall be called the Indians Education Amendment Act, 1981.

Commencement

25 February 1981