cap.383] universities - commonlii

Cap.383] UNIVERSITIES

ActNo. 16 of 1978.

CHAPTER 383

UNIVERSITIES

AN ACT TO ESTABLISH A UNIVERSITY GRANTS COMMISSION AND A UNIVERSITY SERVICESAPPEALS BOARD; TO PROVIDE FOR THE ESTABLISHMENT, MAINTENANCE ANDADMINISTRATION OF UNIVERSITIES WITH THEIR CAMPUSES AND FACULTIES,-AND OTHER H I G H E R E D U C A T I O N A L I N S T I T U T I O N S ; AND FOR MATTERSCONNECTED THEREWITH OR INCIDENTAL THERETO.

[Parts I, II, III, IV & XXI and Section 143 of Part XX — 22nd December, 1978.][All other Parts and all other Sections of Part XX — 1st January, 1979.]

Short title.

Establishmentof a UniversityGrantsCommission.

Objects of theCommission.

1. This Act may be cited as the (2)Universities Act.

PART I

ESTABLISHMENT OF THEUNIVERSITY GRANTS COMMISSION

2. (1) There shall be established aUniversity Grants Commission (hereinafterreferred to as " the Commission"), whichshall consist of the persons who are for thetime being members of the Commissionunder this Act.

(2) The Commission shall by the nameassigned to it by subsection (1), be a bodycorporate with perpetual succession and acommon seal and with full power andauthority—

(a) in such name to sue and be sued inall courts;

(b) to alter the seal at its pleasure;

(c) to acquire by way of purchase orotherwise, both movable andimmovable property, and to hold,take or give on lease or hire,mortgage, pledge and sell orotherwise dispose of property, bothmovable and immovable.

3. The objects of the Commission shallbe-

the apport ionment to HigherEducational Institutions of thefunds voted by Parliament inrespect of university education, andthe control of expenditure by eachsuch Higher EducationalInstitution;

(3) the maintenance of academicstandards in Higher EducationalInstitutions;

(4) the regulation of the administrationof Higher Educational Institutions ;

(5) the regulation of the admission ofs t u d e n t s to each HigherEducational Institution; and

(6) the exercise, performance anddischarge of such powers, dutiesand functions as are conferred, orimposed on, or assigned to, theCommission by or under this Act.

4. (1) The Commission shall consist of Constitutiona Chairman and four other members all of of the

whom shall be appointed by the President.

(2) The Commission may, from time totime, appoint such Standing Committeesand ad hoc Committees consisting of suchnumber of members and with such powers,duties and functions as may be determinedby the Commission, so however that theChairman of each such Committee shall bea member of the Commission.

Commission.

(1) the planning and co-ordination ofuniversity education so as toconform to national policy;

5. (1) Every member of theCommission, including the Chairman, shall,unless he vacates office earlier, hold officefor a term of five years reckoned from the

Terms of officeof membersof theCommission.

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date of his appointment, and shall, unlessremoved from office, be eligible forreappointment;

Provided, however, that if any membervacates his office prior to the expiry of histerm, his successor shall, unless suchsuccessor vacates his office earlier, holdoffice for the unexpired portion of the termof office of his predecessor.

(2) A member of the Commission mayresign his office by writing under his handaddressed to the President, but shallcontinue in office until such time as hisresignation has been accepted.

(3) If the Chairman, or other member ofthe Commission, is, by reason of illness orother infirmity or absence from Sri Lankaor other cause, temporarily unable toperform the duties of his office, thePresident may appoint another member toact for such Chairman, or a fit person to actin the place of such other member, as thecase may be.

(4) The Chairman and other membersof the Commission shall be paid suchremuneration and allowances as theMinister shall, in consultation with theMinister in charge of the subject of Finance,determine.

6. (1) The Chairman of theCommission shall preside at all meetings ofthe Commission. In the absence of theChairman from any meeting of theCommission, the members shall elect anymember from among the members present,to preside at such meeting.

(2) The quorum for a meeting of theCommission shall be three members.

(3) The Commission shall meet as oftenas necessary, and in any case not less thanonce in each month, at such time and placeas the Commission may determine, andshall, subject to the provisions of subsection(2), observe such rules of procedure inregard to the transaction of business as itmay make under this Act.

7. (1) The Chairman of theCommission shall be the chief executiveofficer of the Commission.

(2) The Chairman of the Commissionshall be in control of the day to day

administration of the affairs of theCommission.

(3) The Commission may, by resolution,delegate to the Chairman any of the powers,duties and functions conferred, imposed onor assigned to it under this Act, other thansuch powers, duties and functions undersections 15, 16 and 18.

(4) In the exercise, performance anddischarge of the powers, duties andfunctions conferred or imposed on orassigned to him, or delegated to him, underthis Act, the Chairman shall be subject tothe general or special directions of theCommission.

(5) The C h a i r m a n s h a l l ,notwithstanding that he is the chiefexecutive officer of the Commission, bedeemed not to be a member of the staff ofthe Commission.

8. (1) The Commission shall appoint Staff of thcthe staff of the Commission which shall commission.consist of:—

(a) a Secretary; and

(b) such other officers and employees asthe C o m m i s s i o n may deemnecessary for the proper andefficient conduct of its business.

(2) Subject to the other provisions ofthis Act, the Commission may—

(a) appoint, dismiss and exercisedisciplinary control over the staff ofthe Commission;

(b) fix the wages or salaries or otherremuneration of such staff;

(c) determine the terms and conditionsof service of such staff; and

(d) establish and regulate welfareschemes for the benefit of the staffof the Commission and may make,to such schemes, contributions inrespect of such staff.

9. (1) At the request of theCommission, any officer in the publicservice may, with the consent of that officer,the Secretary to the Ministry by or underwhich that officer is employed and the

Appointmentof publicofficers to thestaff of theCommission.

Proceedingsof theCommission.

Chairmanof theCommission.

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Secretary to the Ministry charged with thesubject of Public Administration, betemporarily appointed to the staff of theCommission for such period as may bedetermined by the Commission with likeconsent, or be permanently appointed tosuch staff-

(2) Where any officer in the publicservice is temporarily appointed to the staffof the Commission, the provisions ofsubsections (3) and (5) of section 26 of theState Industrial Corporations Act, otherthan paragraph (a) of subsection (3) ofsection 26, shall, mutatis mutandis, apply toand in relation to him.

(3) Where any officer in the publicservice is permanently appointed to the staffof the Commission, the provisions ofsubsections (4) and (5) of section 26 of theState Industrial Corporations Act shall,mutatis mutandis, apply to and in relationto him.

(4) Where the Commission employs anyperson who has entered into any contractwith the Government by which he hasagreed to serve the Government for aspecified period, any period of service to theCommission by that person shall beregarded as service to the Government forthe purpose of discharging the obligationsof such contract.

(5) At the request of the Commissionany officer or other employee of any HigherEducational Institution may, with theconsent of that officer or employee and theprincipal executive officer of that HigherEducational Institution, be temporarilyappointed to the staff of the Commissionfor such period as may be determined by theCommission with like consent, or bepermanently appointed to such staff, onsuch terms and conditions, including thoserelating to pension or provident fund rights,as may be agreed upon by the Commissionand such principal executive officer.

(6) Where any officer or other employeeof any Higher Educational Institution istemporarily appointed to the staff of theCommission, he shall be subject to the same

disciplinary control as any other member ofsuch staff.

10. (1) The Commission shall have its Fund of theown Fund. Commission.

(2) There shall be paid into such Fund—

(a) all such sums of moneys as may beprovided by Parliament for the useof the Commission;

(b) all such sums of money as may bereceived by the Commission by wayof donations, gifts or grants fromany source whatsoever and feescharged for services rendered by theCommission; and

(c) all such sums of money as arerequired to be paid into such Fundby or under this Act.

(3) There shall be paid out of suchFund—

(a) all sums of money required to defrayany expenditure incurred by theCommission in the conduct of itsbusiness or in the exercise,performance and discharge of itspowers, duties and functions underthis Act, or any other written law;and

(b) all such sums of money as arerequired to be paid out of suchFund by or under this Act.

11. (1) The Commission shall causeits accounts to be kept in such formand manner as may be determined bythe Treasury in consultation with theAuditor-General.

(2) The books of accounts of theCommission shall be kept at the office ofthe Commission.

(3) The f inanc ia l year of theCommission shall be the same as thefinancial year of the Government.

12. (1) The Commission shall have its Audit of theaccounts audited each year by the Auditor- accounts of the

Commission,General. For the purpose of assisting him in

Accountsof theCommissionand financialyear.

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the audit of such accounts, the Auditor-General may employ the services of anyqualified auditor or auditors who shall actunder his direction and control.

(2) For the purpose of meeting theexpenditure incurred by him in auditing theaccounts of the Commission, the Auditor-General shall be paid from the Fund of theCommission such remuneration as theMinister may, with the concurrence of theMinister in charge of the subject of Finance,determine. Any remuneration received fromthe Commission by the Auditor-Generalshall, after deducting any sums paid by himto any qualified auditor employed by himfor the purpose of such audit, be credited tothe Consolidated Fund.

(3) For the purpose of this section, theexpression " qualified auditor " means—

(a) an individual who, being a memberof the Institute of CharteredAccountants of Sri Lanka or of anyother Institute established by law,possesses a certificate to practiseas an Accountant issued by theCouncil of such Institute; or

(b) a firm of Accountants each of theresident partners of which, being amember of the Institute of CharteredAccountants of Sri Lanka or of anyother Institute established by law,possesses a certificate to practise asan Accountant issued by theCouncil of such Institute.

(4) The Auditor-General shall examinethe accounts of the Commission and furnisha report—

(a) stating whether he has or has notobtained all the information andexplanations required by him;

(b) stating whether the accounts referredto in the report are properly drawnup so as to exhibit a true and fairview of the financial position ofthat Commission; and

(c) drawing attention to any item in theaccounts which in his opinion maybe of interest to Parliament in any

examination of the activities andaccounts of that Commission.

(5) The Auditor-General shall transmithis report to the Commission.

(6) The Audi tor -Genera l ' s reportreferred to in subsection (5) shall beconsidered by the Commission and theCommission shall, within three months ofthe transmission of such report to theCommission, inform the Auditor-General ofthe steps taken or proposed to be taken withregard to the matters pointed out in suchreport.

(7) The Commission shall, each year,within three months of the receipt by it ofthe Auditor-General's report, transmit suchreport together with any comments madethereon by the Commission undersubsection (6) and the statement of accountsto which the report relates, to the Ministerwho shall cause copies thereof to be tabledin Parliament, before the end of the yearnext succeeding the year to which suchaccounts and report relate, and theChairman of the Commission shall attendand answer any questions arising therefrombefore the Public Accounts Committee ofParliament.

(8) The provisions of Article 154 of theConstitution shall apply to and in relationto the audit of the accounts of theCommission by the Auditor-General.

13. (1) No suit or prosecution shalllie—

(a) against the Commission for any actwhich in good faith is done orpurported to be done by theCommission under this Act, or anyappropriate Instrument; or

(b) against any member of theCommission or of the staff thereoffor any act which in good faith isdone or purported to be done byhim under this Act or anyappropriate Instrument, or on thedirection of the Commission.

Protection foraction takenunder this Act,&c., or on thedirection of theCommission.

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(2) Any expense incurred by theCommission in any suit or prosecutionbrought by or against the Commissionbefore any court shall be paid out of theFund of the Commission, and any costspaid to, or recovered by, the Commission inany such suit or prosecution shall becredited to that Fund.

(3) Any expense incurred by any suchperson as is referred to in paragraph (b) ofsubsection (1) in any suit or prosecutionbrought against him before any court inrespect of any act which is done orpurported to be done by him under this Actor any appropriate Instrument, or on thedirection of the Commission, shall, if thecourt holds that the act was done in goodfaith, be paid out of the Fund of theCommission, unless such expense isrecovered by him in such suit orprosecution.

(4) No writ against person or propertyshall issue against a member of theCommission in any action brought againstthe Commission.

PART II

POWERS. DUTIES AND FUNCTIONS OF THEUNIVERSITY GRANTS COMMISSION

14. The succeeding provisions of thisPart shall be without prejudice to theoperation of the provisions of any otherPart of this Act which confers or imposeson or assigns to the Commission any power,duty or function.

15. The Commission shall have andexercise all or any of the following powers :—

(i) to inquire into or investigate, fromtime to time, the financial needsof each Higher EducationalInstitution;

(ii) to prepare, from time to time, inconsultation with the governingauthority of each HigherEducational Institution, triennialbudgets for its maintenance anddevelopment, or for any othergeneral or special purpose;

(iii) to make recommendations, fromtime to time, to the Minister as tothe nature and amount of grants,out of public funds, which it isdesirable or necessary to make toeach Higher EducationalInstitution;

(iv) to determine, from time to time,within the overall wage and salarypolicies of the Government, thequantum of remuneration thatshould be paid to different gradesof the staff of the HigherEducational Institutions and thenature and extent of the otherbenefits that the staff shouldreceive;

(v) to determine, in consultation withthe governing authority of eachHigher Educational Institution, thecourses which shall be providedtherein, and the degrees, diplomas,and other academic distinctionswhich shall be awarded ;

(vi) to determine, from time to time, inconsultation with the governinga u t h o r i t y of each HigherEducational Institution, the totalnumber of students which shall beadmitted annually to each HigherEducational Institution and theapportionment of that number tothe different courses of studytherein;

(vii) to select students for admission toeach H i g h e r Educa t iona lInstitution, in consultation with anAdmiss ions Committee whosecomposition, powers, duties andfunctions shall be prescribed byOrdinance;

(viii) to determine in consultation withthe governing authority of eachUniversity, the externalexaminations which it shall conductfor enabling those who are notstudents of the University or of anyrecognized institution, to obtaindegrees, diplomas, and otheracademic d i s t i nc t ions of theUniversity;

Succeedingprovisions ofthis Part not toprejudice theoperation ofcertain otherprovisions.

Powers of theCommission.

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(ix) to formulate schemes of recruitmentand procedures for appointment ofthe staff of the Higher EducationalInstitutions;

(x) to inves t iga te or to causeinvestigation into such matterspertaining to the discipline of thestudents of any Higher EducationalInstitution, as may be brought tothe notice of the Commission by theprincipal executive officer of thatHigher Educational Institution, andto take remedial measures; and

(xi) to do all such other acts or things asmay be necessary for effectivelyexercising any of the powersspecified by this Act and for theattainment of the objects set out insection 3.

16. The Commission shall, before theexpiry of a period of six months after theclosure of each financial year of theCommission, transmit a report giving a fullaccount of its activities during that year tothe Minister who shall cause copies thereofto be tabled in Parliament. The Commissionshall cause copies of that report to be madeavailable for sale to the public at such priceas may be determined by the Commission.

17. The Commission may by noticerequire the governing authority of anyHigher Educational Institution to furnish tothe Commission within such period as shallbe specified in the notice, all such returns orinformation relating to all such matters asmay be necessary to enable the Commissionto effectively exercise, perform anddischarge any of its powers, duties andfunctions under this Act, and it shall be theduty of that governing authority to complywith the requirements of such notice.

18. (1) The Commission may makeOrdinances in respect of all such matters asit may deem necessary to enable it toeffectively exercise, perform and dischargeits powers, duties and functions under thisAct.

(2) Without prejudice to the generalityof the powers conferred by subsection (1),the Commission may make Ordinances in

respect of all or any of the followingmatters:—

(a) all matters to be prescribed byOrdinance, in respect of whichOrdinances are authorized orrequired to be made by theCommission by any other provisionof this Act;

(b) the terms and conditions of serviceof the staff of the Commissionand of the Higher EducationalInstitutions;

(c) the schemes of recruitment, and theprocedures for appointment, to thestaff of the Commission and of theHigher Educational Institutions;

(d) the establishment and maintenanceof standards of instruction inHigher Educational Institutions forthe grant of degrees, diplomas, andother academic distinctions;

(e) the co-ordination of facilities in andaround Higher E d u c a t i o n a lInstitutions;

(f) the nature and scope of extensionservices which may be provided andorganized by Higher EducationalInstitutions;

(g) the recognition of foreign degreesand diplomas and other academicdistinctions; and

(h) any other matter connected with, orincidental to, any of the mattersaforesaid.

(3) Every Ordinance made by theCommission under this Act shall bepublished in the Gazette and shall come intooperation on the date specified therein.

PART III

POWERS OF THE MINISTER

19. The Minister shall be responsible for Responsibilitythe general direction of university education of Minister.and the administration of this Act.

Annual reportof theCommission.

Power of theCommission tocall forinformationand returns.

Power of theCommissionto makeOrdinances.

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Minister may, by Order published inthe Gazette, make all such provisions as hemay deem necessary in respect of all or any ofthe following matters relating to suchHigher Educational Institution:—

20. (1) (a) The Minister may fromtime to time issue to the Commission suchgeneral written directions as he may deemnecessary in pursuance of national policy inmatters such as finance, university placesand medium of instruction, to enable him todischarge effectively, his responsibility foruniversity education and the administrationof this Act. Every such direction shall assoon as possible be tabled in Parliament.

(b) The Commission shall comply withsuch directions and the governing authorityof every Higher Educational Institutionshall afford such facilities, and furnish suchinformation, to the Commission or anymember or officer thereof as may benecessary to enable the Commission tocomply with such directions.

(2) (a) For the purpose of enablinghim to discharge effectively hisresponsibility for university education andthe administration of this Act, the Ministermay from time to time, order all or any ofthe activities, or the administration, of anyHigher Educational Institution to beinvestigated and reported upon by theCommission.

(b) The Commission shall comply withsuch order and the governing authority ofany Higher Educational Institution to whichthat order relates shall afford such facilitiesand furnish such information, to theCommission or any member or officerthereof as may be necessary to enable theCommission to comply with any such order.

(3) Where the Minister is satisfied thatthe situation prevailing in a HigherEducational Institution is likely to endangernational security or is detrimental orprejudicial to national policy, he may directthe Commission to take all such steps as hemay deem necessary to bring such situationunder control.

(4) Where the Minister is satisfied that,due to any strike or lockout or any othercause, the work or adminstration of anyHigher Educational Institution has beenseriously dislocated and that the Authoritiesof such Higher Educational Institution havefailed to restore normal conditions, theMinister may take all such measures as maybe necessary to ensure the restoration ofnormal conditions in such HigherEducational Institution. Pending therestoration of normal conditions, the

(a) the closure of such HigherEducational Institution;

(b) the appointment of any person byname or by office, to be acompetent authority for thepurpose of exercising, performingor discharging, in lieu of anyOfficer, Authority or other body ofsuch Higher Educat ionalInstitution, any power, duty orfunction under this Act or anyappropriate Instrument, and

(c) any other matter connected with orrelating to any of the mattersaforesaid.

(5) Any Order made by the Ministerunder subsection (4) shall come into forceon such date as may be specified therein.Any such Order shall, as soon as possiblethereafter, be tabled in Parliament andshall, unless earlier rescinded, remain inforce for a period not exceeding threemonths thereafter.

PART IV

UNIVERSITIES, CAMPUSES AND UNIVERSITYCOLLEGES

21. The Minister may, in consultation Establishmentwith the Commission, by an Order of a University.

(hereinafter referred to as a "UniversityOrder ")—

(a) establish a University, which shall bea body corporate with perpetualsuccession and a common seal, forthe purpose of p rov id ing ,promoting and developing highereducation in all such branches oflearning as shall be specified in suchorder;

(b) assign a name and style to suchUniversity;

(c) specify the location or site whichshall be the seat of such University;

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Power of theMinister toissue directionsto theCommission.


(d) assign a Faculty or Faculties to suchUniversity; and

(e) specify the Departments of Studycomprising such Faculty orFaculties.

Establishment 22. The Minister may, in consultationof a Campus. with the Commission, by an Order

(hereinafter referred to as a " CampusOrder ")—

(a) establish a Campus of a University;

(b) assign a name and style to suchCampus;

(c) specify the location or site of suchCampus, being a location or sitewhich shall not be the seat of theUniversity to which the Campuswill be attached;

(d) assign a Faculty or Faculties to suchCampus; and

(e) specify the Departments of Studycompris ing such Facu l ty orFaculties.

23. (1) The Minister may, in consultationwith the Commission, by an Order(hereinafter referred to as an " Openuniversity Order "),—

Establishmentof an OpenUniversity.

(a) establish an Open University, whichshall be a body corporate withperpetual succession and a commonseal for the purpose of providinghigher educational facilities to thosewho are not students of any of theinstitutions referred to in sections21, 22, 24 and 25;

(b) assign a name and style to suchOpen University; and

(c) specify the location or site whichshall be the seat of such OpenUniversity.

(2) The structure, powers, duties andfunctions of an Open University shall beprescribed by Ordinance.

24. The Minister may, in consultationwith the Commission, by an Order(hereinafter referred to as a " UniversityCollege Order ")—

(a) establish a University College, whichshall be a body corporate withperpetual succession and a commonseal for the purpose of providing,promoting and developing highereducation in all such branches oflearning as shall be specified in suchorder;

(b) assign a name and style to suchCollege;

(c) specify the location or site whichshall be the seat of such College ;

(d) assign a Faculty or Faculties to suchCollege;

(e) specify the Departments of Studycomprising such Faculty orFaculties; and

(f) specify the University or Universitiesto which such College shall beaffiliated.

25. The Commission may, with theconcurrence of the Minister and subject tosuch conditions as may be prescribed byOrdinance, recognize institutions for thepurpose of providing courses of studyapproved for the examinations of a HigherEducational Institution.

26. Every University Order, CampusOrder, Open University Order andUniversity College Order shall be publishedin the Gazette. Each such Order shall comeinto force on the date specified therein andshall, as soon as possible thereafter, betabled in Parliament.

27. (1) A University Order, CampusOrder, Open University Order or UniversityCollege Order may, on the recommendationof the Commission, be amended, varied orrevoked by the Minister.

(2) Every Order made under subsection(1) shall be published in the Gazette. Eachsuch Order shall come into force on the datespecified therein and shall, as soon aspossible thereafter, be tabled in Parliament.

Establishmentof a UniversityCollege.

Recognitionof existinginstitutions forprovidingapprovedcourses ofstudy.

Every Orderunder sections21, 22, 23 and24 to be tabledin Parliament.

Altering ofOrder, undersections 21, 22,23 or 24.

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PART V

POWERS, DUTIES AND FUNCTIONS OFA UNIVERSITY

28. (1) Upon the coming into force ofa University Order made under section 21, aUniversity shall be deemed to have beenestablished with the name and style assignedto it by that Order, and with full power andauthority—

(a) in such name, to sue and to be suedin all courts;

(b) to alter the seal at its pleasure;

(c) to acquire by way of purchase orotherwise, property, both movableand immovable, and to take, acceptand hold any such property whichmay become vested in it by virtue ofany such purchase, or by any grantor donation, lease, testamentarydisposition or otherwise;

(d) to sell, hypothecate, lease, exchangeor otherwise dispose of any suchproperty:

Provided, however, that anysale, hypothecation, lease,exchange or other disposition ofany such property shall be invalid ifthe same is made in contraventionof any restriction, condition orprohibition imposed by law or byany appropriate Instrument orOrder, by which any such propertywas vested in the University ; and

(e) to exercise, perform and dischargeall such powers, duties andfunctions as may be conferred orimposed on, or assigned to, theUniversity by this Act or anyappropriate Instrument.

(2) The powers conferred on aUniversity by the preceding provisions ofthis section shall, unless otherwise expresslyprovided by this Act or any appropriateInstrument, be exercised by its Council.

29. Subject to the powers, duties and Powers of afunctions of the Commission, a University University.

shall have power—

(a) to admit students and to provide forinstruction in any approved branchof learning;

(b) to hold examinations for thepurpose of ascertaining the personswho have acquired proficiency indifferent branches of learning;

(c) to co-operate, by way of exchange ofteachers, students and scholars orotherwise, with other Universitiesor institutions in Sri Lanka orabroad, having objects similar orsubstantially similar to those of theUniversity;

(d) to provide postgraduate courses, andfor this purpose, to co-operate withother universities or authorities inSri Lanka or abroad, in suchmanner and for such purposes asthe University may determine;

(e) to grant and confer degrees,diplomas and other academicdistinctions to and on persons whohave pursued approved courses ofstudy in the University or in anyrecognized institution and who havepassed the examinations of theUniversity prescribed by By-law;

(f) to conduct with the concurrence ofthe Commission, externalexaminations for enabling thosewho are not students of theUniversity or of any recognizedinstitution to obtain degrees,diplomas, and other academicdistinctions of the University ;

(g) to grant and to confer with theconcurrence of the Commission,degrees, diplomas, and otheracademic distinctions, to and onpersons who, not being studentsof the Universi ty or of anyrecognized institution, shall havepassed the external examinationsof the University;

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(h) to admit graduates or students ofother Universities to equal orsimilar degrees and courses of studyin the University on such conditionsas may be prescribed by By-law andto register them as graduates orstudents of the University;

(i) to confer honorary degrees or otheracademic distinctions on personsrecommended by the Senate of theUniversity and approved by theCouncil of such University;

(j) to recognize the examinations passedand periods of learning or studypursued by persons seekingadmission to, or by students of, theUniversity at other universities orplaces of learning of universitystatus as are equivalent to suchexaminations and periods oflearning or study in the University,or such part thereof, as may beprescribed by By-law, and towithdraw such recognition at anytime;

(k) to erect, equip, and maintain for thepurpose of the University, libraries,laboratories and other buildingswhether for instruct ional orresidential purposes;

(l) to institute Professorships, AssociateProfessorships, Senior Lectureshipsor Lectureships, and other posts asmay be required for the purposes ofthe University;

(m) to institute and award fellowships,scholarships, exhibitions, bursaries,medals and other prizes ;

(n) to regulate and provide for theresidence, discipline and well-beingof students and teachers, officersand other employees of theUniversity;

(o) to establish and manage halls ofresidence, to licence lodging-housesproviding residential facilities tostudents and to provide such otherservices and facilities as may benecessary for the residence ofstudents of the University ;

(p) to assist students of the University toobtain loans from banks and otheragencies in accordance with By-lawsproviding for the same;

(q) to provide for extension services tothe general public, includingemployees and school-leavers, intrades and indus t ry and inaccordance with any By-lawproviding for the same;

(r) to make arrangements forconducting courses or parts ofcourses in educational institutionsoutside the University, inaccordance with any By-lawproviding for the same;

(s) to demand and receive fees inaccordance with any Regulationproviding for the same ; and

(t) to do all such other acts and things,whether incidental to the powersaforesaid or not, as may berequisite in order to further theobjects of the University.

30. Subject to the provisions of sections29 (c) and 31, a University shall be open toall persons of either sex and whatever race,creed or class, who are citizens of SriLanka, and other persons who are lawfullyin Sri Lanka, and no test of religious beliefor profession shall be adopted or imposed inorder to entitle any such person to beadmitted as a teacher or student of theUniversity, or to hold any appointmenttherein or to graduate thereat or to hold,enjoy or exercise any advantage or privilegethereof.

31. Nothing in the provisions of section30 shall be deemed or construed to preventreligious instruction being given in aUniversity in any manner which may beprescribed by By-law, to those willing toreceive it, by persons approved for thatpurpose by its Council.

Distinctions ofrace,creed,class orreligionprohibited.

Certainrestrictions onthe applicationof section 30,

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PART VI

THE CHANCELLOR AND THE OFFICERSOF UNIVERSITIES

32. The President shall nominate theChancellor of each University. TheChancellor shall be the Head of theUniversity, hold office for a period of fiveyears reckoned from the date of hisnomination, and shall, when present,preside at any meeting of the Court and atany Convocation of the University.

33. The Officers of a University shall bethe following:—

(i) the Vice-Chancellor;

(ii) the Deputy Vice-Chancellor, if any;

(iii) the Rector of each Campus, if any;

(iv) the Dean of each Faculty;

(v) the Registrar;

(vi) the Librarian;

(vii) the Bursar; and

(viii) the holder of any other postdeclared by Ordinance to be a post,the holder of which is an Officer forthe purpose of this section.

34. (1) (a) Subject to the provisionsof subsection (7) of this section, the Vice-Chancellor of a University shall beappointed by the Chancellor for a term ofthree years on being elected by the Court ofthat University. He shall not be eligible forreappointment as Vice-Chancellor of thesame University unless re-elected after theexpiry of a period of three years since thecompletion of his last term of office. Theprocedure for the election of a Vice-Chancellor shall be prescribed byOrdinance.

(b) The Vice-Chancellor of a Universityshall be removed from office by theChancellor on a vote of censure passed bynot less than two-thirds of the totalmembership of the Court, at a specialmeeting convened for the purpose.

(2) The Vice-Chancellor shall be a full-time officer of the University, and shall bethe principal executive officer and principalacademic officer thereof. He shall be an exofficio member of the Court, and an exofficio member and Chairman of both theCouncil and the Senate. In the absence ofthe Chancellor, the Vice-Chancellor shallpreside at meetings of the Court. The Vice-Chancellor shall be entitled to convene, bepresent and speak at, any meeting of anyother Authority of the University or otherbody, but shall not be entitled to vote at anysuch meeting unless he is a member of suchother Authority or other body.

(3) It shall be the duty of the Vice-Chancellor, in accordance with suchdirections as may from time to time belawfully issued to him in that behalf by theCouncil, to ensure that the provisions of thisAct and of any appropriate Instrument areduly observed, and he shall have and mayexercise all such powers as he may deemnecessary for the purpose.

(4) Subject to the provisions of this Act,it shall be the duty of the Vice-Chancellor togive effect, or to ensure that effect is given,to the decisions of the Council and of theSenate.

(5) The Vice-Chancellor shall be theAccounting Officer of the University.

(6) The Vice-Chancellor shall beresponsible for the maintenance of disciplinewithin a University.

(7) The Vice-Chancellor shall, unless hevacates office earlier or is removed fromoffice under subsection (1) (b) of thissection, hold office for a term of three years,or until he has completed his sixty fifthyear, whichever event occurs earlier.

(8) If the Vice-Chancellor, by reason ofleave, illness, absence from Sri Lanka, orother cause, is temporarily unable toperform the duties of his office, theCommission shall, within seven days of theoccurrence of such inability, make sucharrangements at it may think fit for carryingon the duties of the office. Until sucharrangements are made, the Registrar shallcarry on the routine duties of the office.

Cap.383]

TheChancellor.

Officers of theUniversity.

The Vice-Chancellor

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The DeputyVice-Chancellor.

The Rector ofa Campus.

(9) If any vacancy occurs in the office ofVice-Chancellor, the Commission shall,within seven days of the occurrence of suchvacancy, make such arrangements as it maythink fit for carrying on the duties of theoffice, until a permanent appointment ismade under the preceding provisions of thissection; and until such arrangements aremade, the Registrar shall carry on theroutine duties of the office.

35. The Council of a University may, atits discretion and with the prior approval ofthe Commission, appoint a Deputy Vice-Chancellor. The procedure for theappointment of a Deputy Vice-Chancellorand his powers, duties and functions shallbe prescribed by Ordinance.

36. (1) The Rector of a Campus shallbe appointed by the Vice-Chancellor of theUniversity to which such Campus isattached. He shall, unless he vacates officeearlier, hold office for a period of threeyears reckoned from the date of hisappointment and shall, unless removed fromoffice, be eligible for re-appointment for afurther period of three years immediatelysucceeding the aforesaid period.

(2) If the Rector, by reason of leave,illness, absence from Sri Lanka or othercause, is temporarily unable to perform theduties of his office, the Vice-Chancellorshall, within seven days of the occurrenceof such inability, make such arrangementsas he may think fit for carrying on theduties of the office. Until such arrangementsare made, the Registrar shall carry on theroutine duties of the office.

(3) The Rector shall be a full-timeofficer of the Campus and shall be theacademic and administrative Head of theCampus.

(4) The Rector shall be the Chairman ofthe Campus Board.

(5) The Rector shall, subject to thegeneral direction and control of the Vice-Chancellor, be responsible for themaintenance of discipline in the Campus.

The Registrar. 37. (1) The Registrar of a Universityshall be appointed by the Council upon therecommendation of a Selection Committee,

the composition of which shall be prescribedby Ordinance. He shall be a full-time officerof that University and shall exercise,perform and discharge such powers, dutiesand functions as may be conferred orimposed on or assigned to him by this Actor by any appropriate Instrument.

(2) The Registrar shall be responsiblefor the custody of the records and theproperty of the University.

(3) The Registrar shall be the ex officiosecretary of the Court, the Council and theSenate.

(4) The Registrar shall be the AssistantAccounting Officer of the University.

(5) The Registrar shall, subject to thedirection and control of the Vice-Chancellor, be responsible for the generaladministration of the University and thedisciplinary control of its non-academicstaff.

38. (1) The Bursar of a University shall The Bursar.be appointed by the Council upon therecommendation of a Selection Committee,the composition of which shall be prescribedby Ordinance. He shall be a full-time officerof that University and shall exercise,perform and discharge such powers, dutiesand functions as may be conferred orimposed on or assigned to him by this Actor by any appropriate Instrument.

(2) The Bursar shall, subject to thedirection and control of the Registrar, beresponsible for the administration of thefinances of the University and maintain itsaccounts in such form and manner as maybe prescribed by Ordinance. He shall havethe custody of the funds of the University.

39. (1) The Librarian of a University The Librarian.shall be appointed by the Council upon therecommendation of a Selection Committee,the composition of which shall be prescribedby Ordinance. He shall be a full-time officerof that University and shall exercise,perform and discharge such powers, dutiesand functions as may be conferred orimposed on or assigned to him by this Actor by any appropriate Instrument.

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UNIVERSITIES

permanent teachers of theUniversity who are not members ofthe Senate;

(2) The Librarian shall, subject to thedirection and control of the Vice-Chancellor, be responsible for theadministration of the library or libraries ofthe University.

PART VII

THE AUTHORITIES OF A UNIVERSITY

40. The Authorities of a University shallbe the following:—

(i) the Court;

(ii) the Council;

(iii) the Senate;

(iv) the Campus Board or Boards, ifany;

(v) the Faculty or Faculties ; and

(vi) such other bodies as may beprescribed by Ordinance to be suchAuthorities.

41. (1) The Court of a University(hereinafter referred to as " the Court"),shall consist of the following persons :—

(a) Ex officio members:—

(i) the Chancellor;

(ii) the Vice-Chancellor;

(iii) the Deputy Vice-Chancellor, if any;

(iv) the members of the Council;

(v) the Rector of each Campus, if any ;and

(vi) the Dean of each Faculty.

(b) Elected members :—

(i) one member from each Facultyelected from among members of theFaculty who are also members ofthe Senate;

(ii) two members of the Universityteaching staff elected by all the

(iii) two members, one of whom shall beelected by the administrative staff,and the other, by the non-academicstaff, of the University;

(vi) two students elected by theStudents' Assembly of theUniversity from among its ownmembers;

(v) six Members of Parliament electedfrom among its Members; and

(vi) one member elected from amongtheir members by each of eightprofessional and cul turalinstitutions determined by theCommission from time to time.

(2) Each elected member shall holdoffice for a term not exceeding three yearsreckoned from the date of his election, butso long however only as he retains the statusor membership by virtue of which he waseligible for election as a member of theCourt.

42. (1) There shall be an Annual Meetings of theMeeting of the Court to be held on a date to court.

be fixed by the Vice-Chancellor.

(2) The Vice-Chancellor shall, wheneverhe thinks necessary, or within two weeksupon the receipt by him of a writtenrequisition from not less than one-third ofthe total membership of the Court, convenea Special Meeting of the Court.

(3) The quorum for any meeting of theCourt shall be one-third of its totalmembership.

(4) The members elected under section41 (1) (b) (iv) shall be excluded fromproceedings of any meeting of the Courtrelating to examinations and connectedmatters, and any such meeting shall,notwithstanding such exclusion, be deemedto have been duly held.

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Cap.383]

TheAuthorities ofa University.

The Court.


43. Subject to the provisions of this Act,the Court shall exercise, perform anddischarge the following powers, duties andfunctions;—

(a) to make Statutes and by Statute toamend, add to, vary or repeal anyStatute so made;

(b) to elect the Vice-Chancellor and, if itthinks necessary, to recommend hisremoval to the Chancellor;

(c) to consider and, if necessary, toamend or rescind By-laws made bythe Council, without prejudice toanything previously done undersuch By-laws;

(d) to consider and, if necessary, toamend or adopt the Annual Reportand the Annual Accounts of theUniversity:

Provided that no suchamendment shall be made unlessthe opinion of the Council thereonhas first been obtained ; and

(e) to do any other act or to performany other duty authorized orimposed upon the Court by this Actor by Order, Ordinance or Statutemade under this Act.

44. (1) The Council of a University(hereinafter referred to as " the Council"),shall be the executive body and governingauthority of the University and shall consistof the following persons :—

(i) the Vice-Chancellor;

(ii) the Rector of each Campus, if any;

(iii) the Dean of each Faculty;

(iv) three members elected by the Senatefrom among its own members; and

(v) such number of members as is equalto the total number of membersunder paragraphs (i), (ii), (iii) and(iv) above, increased by three. Allsuch members shall be appointed bythe Commission from among

persons who have rendereddistinguished service in educational,p r o f e s s i o n a l , c o m m e r c i a l ,i n d u s t r i a l , s c i e n t i f i c oradministrative spheres.

(2) The Chairman of the Council shallbe the Vice-Chancellor who shall preside atall meetings of the Council. If the Chairmanis unable to preside at a meeting, themembers shall elect any member present topreside at such meeting.

(3) Subject to the provisions ofsubsection (4), any appointed member of theCouncil shall, unless he vacates officeearlier, hold office for a term of three yearsreckoned from the date of his appointment,and shall, unless removed from office, beeligible for re-appointment:

Provided, however, that if any appointedmember vacates his office prior to theexpiry of his term, his successor shall, unlesshe vacates his office earlier, hold office forthe unexpired portion of the term of officeof his predecessor.

(4) An appointed member of theCouncil may resign his office by writingunder his hand addressed to the Chairmanof the Commission.

(5) An appointed member of theCouncil who, for whatever reason, absentshimself from three consecutive meetings ofthe Council, shall be deemed to havevacated his office as a member of theCouncil and the Commission shall appoint afit person to fill the resulting vacancy.

(6) A member of the Council shall notbe entitled to any remuneration, but amember appointed under subsection (1) (v)may be paid such allowances as the Ministershall, in consultation with the Minister incharge of the subject of Finance, determine.

(7) The quorum for a meeting of theCouncil shall be one-third of its totalmembership.

(8) The Council shall meet whenevernecessary so however that it meets on notless than ten occasions in each year.

Powers, dutiesand functionsof the Court.

The Council.

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UNIVERSITIES

(9) The Chairman of the Council shall,whenever he thinks necessary or within oneweek upon the receipt by him of a writtenrequisition from not less than one-third the (ix)total membership of the Council, convene aSpecial Meeting of the Council.

45. (1) Subject to the provisions of thisAct, the Council shall exercise the powersand perform and discharge the duties andfunctions conferred or imposed on, orassigned to, the University.

(2) Without prejudice to the generalityof the powers conferred upon it bysubsection (1), the Council shall exercise,perform and discharge the followingpowers, duties and functions :—

(i) to hold, control and administer theproperty and funds of theUniversity;

(ii) to select a coat of arms for theUniversity, and to determine theform, to provide for the custodyand to direct the use, of thecommon seal of the University ;

(iii) to regulate and to determine allmatters concerning the Universityin accordance with the provisions ofthis Act and of any appropriateInstrument;

(iv) to administer any funds placed atthe disposal of the University forspecific purposes;

(v) to receive and accept with theconcurrence of the Commission,bequests, donations and grants ofproperty to the University ;

(vi) to consider the annual report andthe annual accounts of theUniversity, and to submit suchreport and such accounts to theCourt and to the Commission;

(vii) to prepare the financial estimates ofthe University and to submit suchestimates to the Commission;

(viii) to draft Statutes as and when itseems fit for any matter required by

this Act and to submit the same tothe Court;

to make By-laws for any matter inrespect of which By-laws arcauthorized to be made ;

(x) to make such Regulations as are notprovided to be made by any otherAuthority of the University ;

(xi) to provide the buildings, premises,furniture, equipment and othermaterial needed for carrying on thework of the University;

(xii) to appoint persons to, and tosuspend, dismiss or otherwisepunish persons in the employmentof, the University:

Provided that, except in the caseof Officers and teachers, thesepowers may be delegated to theVice-Chancellor;

(xiii) to appoint examiners, whetherfrom the staff of the University orfrom elsewhere, after considerationof the recommendations of theSenate, and to determine any feeswhich may be paid to suchexaminers;

(xiv) to appoint a Board of Welfare,which shall also includerepresentatives of the students, forthe promotion of the general well-being of the students of theUniversity. The composition,powers, duties and functions ofsuch Board shall be prescribed byOrdinance;

(xv) to enter into, carry out or cancelcontracts on behalf of theUniversity, and to invest anymoneys belonging to the Universityincluding any unapplied income, inany security in which, under theprovisions of section 20 of theTrusts Ordinance or of any otherwritten law, it is lawful to investtrust moneys; or, with the approvalof the Commission, in invest anysuch moneys in the purchase of

Cap.383]

Powers, dutiesand functionsof the Council.

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immovable property in Sri Lankaor vary such investments, or toplace on fixed deposit in any bankapproved by the Commission, anyportion of such moneys notrequired for immedia teexpenditure;

(xvi) to determine, after consultationwith the Senate, the academic dressor insignia, or both, of theChancellor, the Officers, thegraduates and the students of theUniversity;

(xvii) to advice the Commission on—

(a) to institution, abolition orsuspension of Professorships,Associate Professorships,Lecturerships and any otheracademic post, in consultationwith the Senate;

(b) the institution, abolition orsuspension of any non-academic post; and

(c) the qualifications of teachers,officers and other employeesof the University; and

(xviii) to exercise all other powers of theUniversity the exercise of which isnot otherwise provided for in thisAct or any appropriate Instrument:

Provided that no resolution shallbe passed by the Council in relationto any academic matter unless theSenate has first been given anopportunity of recording andtransmitting to the Council itsopinion thereon.

In this section, " academicmatter " means any matter which issubject to the control and generaldirection of the Senate.

46. (1) A University shall have aSenate which shall be the academicauthority of the University.

(2) The Senate of a University shallconsist of the following persons :—

(a) the Vice-Chancellor;

(b) the Deputy Vice-Chancellor, if any;

(c) the Rector of each Campus, if any ;

(d) the Dean of each Faculty;

(e) the Head of each Department ofStudy;

(f) the Librarian; and

(g) two teachers, other than thosereferred to in paragraphs (c), (d)and (e), elected by the permanentteachers of each Faculty fromamong their number.

(3) Each elected member shall holdoffice for a period of two years reckonedfrom the date of his election.

(4) The quorum for a meeting of theSenate shall be one-fourth of its totalmembership.

(5) The Senate shall have control andgeneral direction of instruction, education,research and examinations in the University.

(6) Subject to the provisions of this Actand without prejudice to the generality ofthe powers conferred upon it by subsection(5), the Senate shall exercise, perform anddischarge the following powers, duties andfunctions;—

(i) to draft, after consideration ofreports from the Faculty or theFaculties concerned. Regulationsrelating to courses of study andexaminations, and to submit suchdrafts to the Council for approval;

(ii) to recommend to the Council, afterconsideration of reports from theFaculty or Faculties concerned, thenames of persons suitable forappointment as examiners;

The Senate.

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(iii) to recommend to the Council theinstitution, abolition or suspensionof Professorships, AssociateProfessorships, Senior Lectureships,Lectureships, and other academicposts in the University;

(iv) to recommend to the Council afterconsideration of reports from theFacu l ty or the Facu l t i esconcerned—

(a) schemes for the reorganizationof existing Faculties andDepartments of Study and theorganization of new Facultiesand Departments of Study;and

(b) the assignment of subjects ofs tudy to the respectiveFaculties;

(v) to recommend to the Council themode and cond i t i ons ofcompet i t ion for fe l lowships ,scholarships, exhibitions, bursaries,medals and other prizes;

(vi) to award fellowships, scholarships,exhibitions, bursaries, medals andother prizes on such conditions asmay be approved by the Council;

(vii) to appoint such number ofStanding Committees, or ad hocCommittees or Boards of theSenate as it may deem fit, and inparticular, but without prejudice tothe generality of the precedingprovisions of this subsection—

(a) a Library Committee;

(b) an Admissions Committee;

(c) a Research Committee ;

(d) a Curriculum and EvaluationCommittee; and

(e) a Probationary Study LeaveCommittee,

and to specify their terms ofreference; to consider their reports

and to either approve such reports,whether with or withoutmodification, or to reject suchreports; and

(viii) to recommend to the Councilrequirements for the admission ofstudents to courses of study.

47. (1) A Campus shall have a Board, The Campus(hereinafter referred to as the " Campus Board.

Board"), whose composition shall beprescribed by Ordinance.

(2) The Campus Board shall beresponsible—

(i) for the internal administration of theCampus;

(ii) for making arrangements for thegeneral well-being of, and theprovision of amenities for, personsattached to the Campus; and

(iii) for the performance of any otherduties as may be prescribed byStatute.

(3) The Campus Board may, with theapproval of the Council, make Rules inrespect of all matters relating or incidentalto or connected with, the internaladministration of the Campus.

48. (1) Each Faculty of a University Faculties of theshall consist of the following persons :

(a) all Professors, Associate Professors,Senior Lecturers and Lecturers ofthe D e p a r t m e n t s of S tudycomprising the Faculty who havebeen c o n f i r m e d in theirappointments;

(b) the Librarian or his nominee;

(c) two members elected by thepermanent Assistant Lecturers ofthe Faculty from among theirnumber;

(d) two members of the permanent staffimparting instructions in theFaculty, excluding those referred toin (a) and (c), elected from amongtheir number;

University.

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UNIVERSITIES [Cap.383(e) two students elected by the students

of the Faculty from among theirnumber; and

(f) three persons, not being members ofthe University, elected by theFaculty from among persons ofeminence in the areas of studyrelevant to the Faculty.

(2) A member elected under paragraph(e) of subsection (1) shall hold office as amember for a period of one year, and anyother elected member for a period of threeyears, reckoned from his date of election,and shall be eligible for re-election.

(3) Subject to the provisions of this Act,a Faculty shall exercise, perform anddischarge the following powers, duties andfunctions—

(i) to consider and report on any matterreferred to it by the Senate;

(ii) subject to the control of the Senate,to regulate matters connected witht each ing , e x a m i n a t i o n s andresearch in the Departments ofStudy in the Faculty;

(iii) to present recommendations andreports to the Senate on all mattersconnected with the courses of studyand examinations in the Faculty;

(iv) to appoint committees, which mayinclude persons other than membersof the Faculty, for the purpose ofconsidering and reporting on anyspecial subject or subjects; and

(v) to recommend to the Senate personss u i t a b l e fo r a p p o i n t m e n t asexaminers.

(4) The members elected underparagraph (e) of subsection (1) shall beexcluded from the proceedings of anymeeting of the Faculty relating toexaminations and connected matters, andany such meeting shall, notwithstandingsuch exclusion, be deemed to have beenduly held.

49. (1) There shall be a Dean of each The Dean ofFaculty who shall be a full-time officer of the faculty.the University and the academic andadministrative Head of that Faculty. TheDean shall be elected by the Faculty fromamong the Heads of the Departments ofStudy comprising such Faculty, and shall,when so elected, cease to be the Head of theDepartment of Study concerned.

(2) The Dean shall, subject to theprovisions of any appropriate Instrument,hold office for a period of three yearsreckoned from the date of his election andshall, unless removed from office, be eligiblefor re-election.

(3) Where owing to leave of absence,illness or other cause, the Dean of a Facultyis temporarily unable to perform the dutiesof his office for a period not exceeding threemonths, the Vice-Chancellor shall appointanother Head of a Department of thatFaculty to act in the post of Dean, for suchperiod. Where however a Dean of a Facultyretires or resigns, or is for any other reasonunable to perform the duties of his office fora period exceeding three months, the post ofDean of that Faculty shall be deemed to bevacant, and a new Dean shall be elected inaccordance with subsection (1). The personso elected shall hold office for the unexpiredpor t ion of the term of office of hispredecessor.

50. A University may, from time totime, make recommendations to theCommission as to the establishment of suchFaculties and Departments of Study as itmay deem necessary for developing itsteaching , research and extensionprogrammes.

University tomakerecommen-dationsregardingFaculties.

51. (1) The Head of a Department of The Head of aStudy shall be a Professor, Associate Department of

Professor, Senior Lecturer or Lecturer study.

appointed by the Council upon therecommendation of the Vice-Chancellor.

(2) The Head of a Department shall,subject to the provisions of any appropriateInstrument, hold office for a period of threeyears reckoned from the date of hisappointment and shall, unless removed fromoffice, be eligible for reappointment.

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(3) Where owing to leave of absence,illness, or other cause, the Head of aDepartment is temporarily unable toperform the duties of his office for a periodnot exceeding three months, the Vice-Chancellor shall appoint another Professor,Associate Professor, Senior Lecturer orLecturer of that Department to act in thepost of Head of Department for suchperiod. Where however a Head of aDepartment retires or resigns, or is for otherreason unable to perform the duties of hisoffice for a period exceeding three months,the post of Head of Department shall bedeemed to be vacant, and a new Head ofDepartment shall be appointed inaccordance with subsection (1). The personso appointed shall hold office for theunexpired portion of the term of office ofhis predecessor.

52. The constitution, powers, duties andfunctions and the terms of membership,other than of ex officio membership, of suchother bodies as shall be declared by theCommission to be Authorities of aUniversity, shall be prescribed byOrdinance.

PART VIII

CONVOCATION OF A UNIVERSITY

53. (1) A University shall hold once inevery year on such date or dates as may beapproved by the Chancellor, a Convocationfor the purpose of conferring degrees:

Provided that, a University may hold aSpecial Convocation at such other time asthe Chancellor may determine;

Provided further that, first degrees maybe conferred without the holding of aConvocation.

(2) The procedure of a Convocationshall be prescribed by By-law,

(3) The President shall, when present,preside at a Convocation. In his absence,the Chancellor shall preside at suchConvocation, and in the absence of both thePresident and the Chancellor, the Vice-Chancellor shall so preside.

PART IX

OFFICERS AND AUTHORITIES OF A UNIVERSITYCOLLEGE, AND THEIR POWERS, DUTIES

AND FUNCTIONS

54. (1) Upon the coming into force ofa University College Order under section 24,the University College established with thename and style assigned to it by that Order,and the Director and the members for thetime being of the Board of Management andthe Academic Syndicate shall have fullpower and authority by and in such name todo all the things a University is empoweredor authorized to do under section 28 (1) ofthis Act.

(2) The powers conferred on aUniversity College by the precedingprovisions of this section shall, unlessotherwise expressly provided, be exercisedby its Board of Management,

55. Subject to the relevant UniversityCollege Order, and the powers, duties andfunctions of the Commission, a UniversityCollege shall have power—

(a) to admit students;

(b) to provide for instruction in suchbranch or branches of learning asmay with the concurrence of theCommission, be approved by theUniversity or by any one of theUniversities to which such Collegehas been affiliated;

(c) to conduct with the approval of eachappropriate University, examinationsfor the purpose of ascertaining thepersons who have acquiredproficiency in such branch orbranches of learning as have beenwith the concurrence of theCommission approved by suchUniversity, and to recommend tosuch University persons who,having passed such examinationsand having satisfied such otherconditions as such University mayprescribe by By-laws, are eligiblefor the award of degrees, diplomasand other academic distinctions ofsuch University;

UniversityCollege Orderand generalpowers of aUniversityCollege.

Powers of aUniversityCollege.

Constitutionpowers, dutiesand functionsof bodiesdeclared by theCommission tobe Authoritiesto beprescribed.

Holding of aConvocation ofa University.

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(d) to co-operate, by way of exchange ofteachers, students and scholars orotherwise, with Universities orinstitutions in Sri Lanka or abroadhaving objects similar orsubstantially similar to those of theUniversity College;

(e) to erect, equip, and maintain for thepurpose of the University College,libraries, laboratories and otherbuildings whether for instructionalor residential purposes;

(f) to institute Professorships, AssociateProfessorships, Senior Lecturershipsor Lecturerships and other posts asmay be required for the purposes ofthe University College;

(g) to institute and award fellowships,scholarships, exhibitions, bursaries,medals and other prizes;

(h) to manage halls of residence, tolicense lodging-houses providingresidential facilities to students andto provide such other services andfacilities as may be necessary for theresidence of students of theUniversity College;

(i) to regulate and provide for theresidence, discipline and well-beingof officers, teachers, students andemployees of the UniversityCollege;

(j) to assist students of the UniversityCollege to obtain loans from banksand other agencies and to frameappropriate By-laws for thepurpose;

(k) to demand and receive such fees asmay from time to time beprescribed by Regulation; and

(l) to do all such other acts and things,whether incidental to the powersaforesaid or not, as may berequisite in order to' further theobjects of the University College:

Provided, however, that no suchother act or thing affecting the

provision of instruction or theconduct of examinations shall bedone except with the prior approvalof the University to which thatUniversity College is affiliated.

56. The Officers of a University College Officers ofa UniversityCollege.shall be the following:

(1) the Director,

(2) the Dean of each Faculty,

(3) the Secretary,

(4) the Librarian, and

(5) the Treasurer.

57. (1) The first Director of a The Director.University College shall be appointed by theMinister.

(2) Every subsequent Director shall beappointed by the Commission from a panelof three persons recommended by the Boardof Management of the University College.Where a member of the staff of a HigherEducational Institution is appointedDirector, such Institution shall release themember of the staff so appointed to acceptthe post of Director.

(3) A Director shall, unless he vacatesoffice earlier or is removed from officeunder subsection (4) of this section, holdoffice for a period of three years reckonedfrom the date of his appointment or until hecompletes his sixty-fifth year or until theUniversity College is granted the status of aUniversity by a University Order madeunder section 21, whichever event occursearlier.

(4) A Director, not being the firstDirector appointed under subsection (1),shall be removed from office by theChairman of the Commission on a vote ofcensure passed by not less than two-thirdsof the total membership of the Board ofManagement, at a Special Meetingconvened for the purpose.

(5) A Director who resigns or isremoved from office or is unable to functionas such by reason of the University College

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UNIVERSITIES

being granted the status of a University,may if he was a member of the staff of aHigher Educational Institution immediatelyprior to his appointment as Director, revertto his substantive post in such HigherEducational Institution, provided that hehas not completed his sixty-fifth year.

58. (1) The Director shall be a full-time officer of the University College, andshall be the principal executive officer andthe principal academic officer thereof. Heshall be an ex officio member and Chairmanof the Board of Management and theAcademic Syndicate, and shall convene allmeetings of the Board of Management andof the Academic Syndicate. He shall beentitled to convene, be present and speak at,any meeting of any other Authority or bodyof the University College, but shall not beentitled to vote at any such meeting unlesshe is a member of such other Authority orbody.

(2) It shall be the duty of the Director,in accordance with such directions as mayfrom time to time be lawfully issued to himin that behalf by the Board of Management,to ensure that the provisions of this Act andof any appropriate Instrument are dulyobserved, and he shall have and mayexercise all such powers as he may deemnecessary for the purpose.

(3) It shall be the duty of the Director togive effect, or to ensure that effect is given,to the decisions of the Board ofManagement and of the AcademicSyndicate.

(4) The Director shall be the AccountingOfficer of the University College.

(5) The Director shall be responsible forthe maintenance of discipline within theUniversity College.

(6) If the Director, by reason of leave,illness, absence from Sri Lanka, or othercause, is temporarily unable to perform theduties of his office, the Commission shall,within seven days of the occurrence of suchinability, make such arrangements as it maythink fit for carrying on the duties of theoffice. Until such arrangements are made,the Secretary shall carry on the routineduties of the office.

(7) If any vacancy occurs in the office ofdirector, the Commission shall, within sevendays of the occurrence of such vacancy,make such arrangements as it may think fitfor carrying on the duties of the office, untila permanent appointment is made undersection 57 (2). Until such arrangements aremade, the Secretary shall carry on theroutine duties of the office.

59. (1) The Secretary of a University The Secretary.College shall be appointed by the Board ofManagement upon the recommendation ofa Selection Committee, the composition ofwhich shall be prescribed by Ordinance. Heshall be a full time officer of the UniversityCollege, and shall exercise, perform anddischarge such powers, duties and functionsas may be conferred or imposed on orassigned to him by this Act or by anyappropriate Instrument.

(2) The Secretary shall be responsiblefor the custody of the records and theproperty of the University College.

(3) The Secretary shall be the ex officiosecretary of the Board of Management andthe Academic Syndicate.

(4) The Secretary shall be the AssistantAccounting Officer of the UniversityCollege.

(5) The Secretary shall, subject to thedirection and control of the Director, beresponsible for the general administration ofthe University College and the disciplinarycontrol of its non-academic staff.

60. (1) The Librarian of a University The Librarian.College shall be appointed by the Board ofManagement upon the recommendation ofa Selection Committee, the composition ofwhich shall be prescribed by Ordinance. Heshall be a full time officer of the UniversityCollege, and shall exercise, perform anddischarge such powers, duties and functionsas may be conferred or imposed on orassigned to him by this Act or by anyappropriate Instrument.

(2) The Librarian shall, subject to thedirection and control of the Director, beresponsible for the administration of thelibrary or the libraries of the UniversityCollege.

Cap.383]

Duties andfunctions ofthe Director.

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UNIVERSITIES [Cap.383The Treasurer. 61. (1) The Treasurer of a University

College shall be appointed by the Board ofManagement upon the recommendation ofa Selection Committee, the composition ofwhich shall be prescribed by Ordinance. Heshall be a full time officer of the UniversityCollege, and shall exercise, perform anddischarge such powers, duties and functionsas may be conferred or imposed on orassigned to him by this Act or by anyappropriate Instrument.

(2) The Treasurer shall, subject to thedirection and control of the Secretary, beresponsible for the administration of thefinances of the University College andmaintain its accounts in such form andmanner as may be prescribed by ordinance.He shall have the custody of the funds ofthe University College.

The 62. The Authorities of a UniversityAuthorities of College shall be the following: —a UniversityCollege.

(1) the Board of Management;

(2) the Academic Syndicate;

(3) the Faculty or Faculties; and

(4) such other bodies as may beprescribed by Ordinance to be suchAuthorities.

The Board of 63. (1) The Board of ManagementManagement, (hereinafter referred to as "the Board")

shall consist of the following persons:—

(i) the Director;

(ii) the Dean of each Faculty ; and

(iii) such number of members as is equalto the total number of membersunder paragraphs (i) and (ii)increased by three, appointed by theCommission from among personswho have rendered distinguishedservice in educational, professional,commercial, industrial, scientific oradministrative spheres.

(2) The provisions of subsection (2), (3),(4), (5), (6), (7), (8) and (9) of section 44 ofthis Act shall apply to the Board, subject to

the modification that there shall besubstituted—

(a) fo r the express ion " Vice-Chancellor ", the expression" Director ";

(b) for the expression " Council", thee x p r e s s i o n "Board ofManagement",

wherever those expressions appear in thosesubsections.

(3) Subject to the provisions of this Act,the Board shall exercise, perform anddischarge the powers, duties and functionsconferred or imposed on or assigned to theCouncil of a University by section 45 of thisAct, subject to the following modifications;—

(a) there shall be substituted—

(i) for the expression "Council",the expression " Board ";

(ii) for the expression" University ", the expression" University College "; and

(iii) for the expression " Senate ",the expression " AcademicSyndicate ",

wherever these expressions appear in thatsection; and

(b) by the omission of—

(i) any reference to the Court, inthat section; and

(ii) paragraphs (viii) and (xvi) ofsubsection (2) of that section.

64. (1) The Academic Syndicate shall The Academicconsist of the following persons :— Syndicate.

(a) the Director,

(b) the Dean of each Faculty,

(c) the Head of each Department ofStudy,

(d) the Librarian,

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(e) two representatives nominated fromamong its members, by the Senateof each University to which theUniversity College has beenaffiliated, and

(f) two members, not being personsreferred to in paragraphs (b) and(c), elected by the permanentteachers of each Faculty fromamong their number.

(2) Each nominated or elected membershall hold office as a member for a period oftwo years reckoned from the date of hisnomination or election, as the case may be.

(3) The quorum for a meeting of theAcademic Syndicate shall be one-fourth itstotal membership.

(4) Subject to the provisions of this Act,the Academic Syndicate shall exercise,perform and discharge the powers, dutiesand functions, conferred or imposed on orassigned to the Senate of a University bysection 46 of this Act, subject to thefollowing modifications:—

There shall be substituted—

(i) for subsection (5) of that section, thefollowing subsection:—

"(5) The Academic Syndicateshall, with the concurrence ofeach appropriate Universityhave control and generaldirection of instruction,education, research andexaminations in the UniversityCollege";

(ii) in subsection (6), in paragraph (i)thereof, for the expression " or theFaculties concerned", theexpression " or the Facultiesconcerned and with the concurrenceof each appropriate University ";

(iii) for the expression "Council", theexpression " Board ";

(iv) for the expression " University ", theexpression " University College ";and

(v) for the expression " Senate", theexpression " Academic Syndicate ".

65. (1) A University College shall have Faculties of asuch Faculty or such number of Faculties as Universitymay be specified in the relevant University college.

College Order.

(2) Each Faculty shall consist of thefollowing persons:—

(a) all Professors, Associate Professors,Senior Lecturers and Lecturers ofthe Departments of Studycomprising the Faculty who havebeen confirmed in theirappointments;

(b) the Librarian or his nominee;

(c) three representatives, nominatedfrom among its ex offieio members,by the corresponding Faculty ofeach University to which theUniversity College has beenaffiliated;

(d) one member, elected from amongtheir number by the permanentAssistant Lecturers of the Faculty;

(e) one member of the permanent staffimparting instruction in theFaculty, excluding those referred toin paragraphs (a) and (d), electedfrom among their number; and

(f) two students elected by the studentsof the Faculty, from among theirown number.

(3) The members elected underparagraph (f) of subsection (2) shall beexcluded from the proceedings of anymeeting relating to examinations andconnected matters, and any such meetingshall, notwithstanding such exclusion, bedeemed to have been duly held.

(4) Each nominated member shall holdoffice for a period of two years and eachelected member for a period of one yearreckoned from the date of his nomination orelection, as the case may be,

(5) A Faculty of a University Collegeshall exercise, perform and discharge thepowers, duties and functions conferred or

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imposed on or assigned to the Faculty of aUniversity by section 48 (3) of this Act,subject to the modification that there shallbe substituted for the expression " Senate ",the expression " Academic Syndicate",wherever that expression appears in thatsection.

66. The provisions of section 49 shall,mutatis mutandis, apply to and in relationto the Dean of each Faculty of a UniversityCollege.

Section 49 toapply, mutatismutandis, toDean ofFaculty.

67. A University College may from timeto time make recommendations to theCommission as to the establishment of suchFaculties and Departments of Study as itmay deem necessary for developing itsteaching, research and extensionprogrammes.

Recommen-dation ofestablishmentof FacultiesandDepartmentsof Study.

68. The provisions of section 51 shall,mutatis mutandis, apply to and in relationto the Head of each Department of Study ofa University College.

Section 51 toapply, mutatismutandis, tothe Head ofeachDepartment ofStudy.

69. Subject to the provisions of this Act,the provisions of sections 135, 136 and 137shall, mutatis mutandis, apply to and inrelation to the Board, the AcademicSyndicate and any other Authority or otherbody of a University College respectively :

Sections 135,136 and 137 toapply, mutatismutandis, toAcademicSyndicate, &c.

Provided, however, that no By-law orRegulation pertaining to an academicmatter shall be made except with theconcurrence of the appropriate University.

interpretation. 70. For the purposes of this Part—

" academic matter" means any matterwhich is subject to the control andgeneral direction of the AcademicSyndicate; and

" appropriate University" means theUniversity to which a UniversityCollege has been affiliated for thepurpose of providing instruction orconducting examinations prescribedfor a degree, diploma or otheracademic distinction of suchUniversity.

Appointmentsto staff to bemade by thegoverningauthority.

PART X

APPOINTMENTS TO THE STAFF

71. (1) Subject to the provisions ofsubsection (2), every appointment to thestaff of a Higher Educational Institutionshall be made by the governing authority ofsuch Institution, in accordance with theschemes of recruitment and the proceduresfor appointment prescribed by Ordinance.

(2) The Commission shall, inaccordance with the schemes of recruitmentand the procedures for appointmentprescribed by Ordinance, make thefollowing appointments to the staff of aHigher Educational Institution—

(i) appointment to a post of officer,except where other provision hasbeen specifically made under thisAct in respect of that post;

(ii) appointment to a post other thanthat of teacher, carrying an initialsalary of not less than rupees ninethousand per annum or such otherhigher initial salary as theCommission may from time to timedetermine by Ordinance ; and

(iii) appointment to such posts as maybe prescribed by Ordinance, otherthan posts of teacher, involving thepromotion of the appointee fromone grade or class of post toanother.

72. Every appointment to a post of Appointmentteacher shall, in the first instance, be for a to Post of

probationary period of three years, whichperiod may be extended by the governingauthority of the Higher EducationalInstitution to which such teacher isattached, by one year at a time for a furtherperiod not exceeding three years. Suchappointment shall be subject to suchrequirement or conditions as toconfirmation as may be provided in theappropriate schemes of recruitmentprescribed by Ordinance.

73. The holder of a post of teacher, who Retirement ofhas been confirmed in his post, shall teachers.continue in that post until he has completed

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teacher.


Appointmentto a post otherthan that ofteacher.

Retirement ofpersons otherthan teachers.

his sixty-fifth year or if he completes hissixty-fifth year in the course of an academicyear, until the last day of such academicyear, and shall thereafter be deemed to haveretired from service;

Provided, however, that the holder of anysuch post may, at any time, be suspended,pending an inquiry by the governingauthority of the Higher EducationalInstitution to which such teacher isattached, for misconduct, inefficiency ordereliction of duty or be dismissed orcompulsorily retired, if found guilty aftersuch inquiry, on a resolution adopted bysuch governing authority.

74. Every appointment to a post, otherthan that of teacher, shall in the firstinstance, be for a probationary period ofthree years, and shall thereafter be subjectto confirmation by the Commission or bythe governing authority of the HigherEducational Institution to which suchappointment relates.

75. The holder of any post, other thanthat of teacher, shall continue in office untilhe completes his fifty-fifth year, and shallthereafter be deemed to have voluntarilyretired from service:

Provided, however, that the holder of anysuch post may upon a written request madeby him, be given by the Commission or bythe governing authority of the HigherEducational Institution to which he isattached, extension of service for a period ofone year at a time until he completes hissixtieth year, and shall thereafter be deemedto have retired.

Provided further that the holder of anysuch post may, at any time, be suspended,pending an inquiry by the Commission orby the governing authority of the HigherEducational Institution to which he isattached, as the case may be, formisconduct, inefficiency or dereliction ofduty or be dismissed or compulsorilyretired, if found guilty after such inquiry, ona resolution adopted by such Commissionor governing authority.

76. Every holder of a post in theCommission or a Higher EducationalInstitution, who is dismissed or iscompulsorily retired from his post or isotherwise punished for misconduct,inefficiency or dereliction of duty, mayappeal against such dismissal or retirementor other punishment to the UniversityServices Appeals Board whose decisionthereon shall be final.

77. (1) At the request of a HigherEducational Institution, an officer in thePublic Service may, with the consent of thatofficer, the Secretary to the Ministry by orunder which that officer is employed, andthe Secretary to the Ministry charged withthe subject of Public Administration, betemporarily appointed to the staff of thatHigher Educational Institution for suchperiod as may be determined by suchInstitution with like consent, or bepermanently appointed to such staff.

(2) Where any officer in the publicservice is temporarily appointed to the staffof a Higher Educational Institution, theprovisions of subsections (3) and (5) ofsection 26 of the State IndustrialCorporations Act, other than paragraph (a)of subsection (3) of section 26, shall, mulatismutandis, apply to and in relation to him.

(3) Where any officer in the publicservice is permanently appointed to the staffof a Higher Educational Institution, theprovisions of subsections (4) and (5) ofsection 26 of the State IndustrialCorporations Act shall, mutatis mutandis,apply to and in relation to him.

(4) At the request of a HigherEducational Institution, an officer orservant of the Local Government Service orany local authority may, with the consent ofthat officer or servant and the LocalGovernment Service Advisory Board orauthority, as the case may be, betemporarily appointed to the staff of thatHigher Educational Institution for suchperiod as may be determined by thatInstitution with like consent or bepermanently appointed to such staff, onsuch terms and conditions including thoserelating to pension or provident fund rights,as may be agreed upon by that Higher

Appeal againstdismissal.compulsoryretirement orotherpunishment.

Appointmentof publicofficers andLocalGovernmentofficers to thestaff of aHigherEducationalInstitution.

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EducationalGovernmentauthority.

Institution and the LocalService Advisory Board or

(5) Where a Higher EducationalInstitution employs any person who hasentered into a contract with the Governmentby which he has agreed to serve theGovernment for a specified period, anyperiod of service to that Higher EducationalInstitution by that person shall be regardedas service to the Government for thepurpose of discharging the obligations ofsuch contract.

78. The holder of any post other thanthat of teacher, shall be transferable withinthe Higher Educational Institutions, from aHigher Educational Institution to theCommission or from the Commission to aHigher Educational Institution. Suchtransfers shall be made by the Commissionwhich may for this purpose appoint aTransfer Board, the composition of whichshall be prescribed by Ordinance.

79. In this Part "teacher" shall bedeemed to include Librarian, DeputyLibrarian and Assistant Librarian.

PART XI

UNIVERSITY SERVICES APPEALS BOARD

80. There shall be established aUniversity Services Appeals Board,(hereinafter referred to as the " AppealsBoard "), which shall consist of the personswho are for the time being members of theAppeals Board under this Act.

81. The Appeals Board shall consist of aChairman, a Vice-Chairman and anothermember, all of whom shall be appointed bythe Minister.

82. (1) Every member of the AppealsBoard, including the Chairman, shall, unlesshe vacates office earlier, hold office for aterm of five years reckoned from the date ofhis appointment, and unless removed fromoffice, be eligible for re-appointment:

Provided, however, that if any membervacates his office prior to the expiry of histerm, his successor shall, unless such

successor vacates his office earlier, holdoffice for the unexpired portion of the termof office of his predecessor.

(2) A member of the Appeals Boardmay resign his office by writing under hishand addressed to the Minister, but shallcontinue in office until such time as hisresignation has been accepted.

(3) If any member of the Appeals Boardis, by reason of illness or other infirmity orabsence from Sri Lanka or other cause,temporarily unable to perform the duties ofhis office, the Minister may appoint a fitperson to act in the place of such member.

(4) The Chairman and the othermembers of the Appeals Board shall be paidsuch remuneration or allowances as theMinister shall, in consultation with theMinister in charge of the subject of Finance,determine.

83. (1) The Chairman, and in his Proceedings ofabsence the Vice-Chairman, of the Appeals the AppealsBoard shall preside at all meetings of suchBoard.

(2) The quorum for a meeting of theAppeals Board shall be two members.

(3) The procedure for the conduct ofbusiness at meetings of the Appeals Boardshall be prescribed by Rules made by suchBoard.

84. (1) The staff of the Appeals Board Staff of theshall consist of a Secretary and such other Appeals Board.

officers and employees as such Board maydeem necessary for the proper and efficientconduct of its business, all of whom shall beprovided by the Commission, from its staffor from the staff of any Higher EducationalInstitution.

(2) The staff of the Appeals Board shallbe subject to the disciplinary control of thatBoard.

(3) It shall be the duty of theCommission—

(a) to make payments to the members ofthe Appeals Board as determinedunder section 82 (4);

Transfers.

Interpretation.

Establish-ment of theUniversityServicesAppeals Board.

Members ofthe AppealsBoard.

Term of officeof the membersof the AppealsBoard.

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Board.


Protection foraction takenunder this Act,&c., or on thedirection ofthe Board.

Powers, dutiesand functionsof the AppealsBoard.

(b) to pay the salaries and wages of thestaff of the Appeals Board ; and

(c) to provide such other facilities asthe Board may require for theefficient exercise, performance anddischarge of its powers, duties andfunctions.

85. (1) No suit or prosecution shalllie—

(a) against the Appeals Board for anyact which in good faith is done orpurported to be done by theAppeals Board under this Act, orany appropriate Instrument; or

(b) against any member of the AppealsBoard or of the staff thereof for anyact which in good faith is done orpurported to be done by him underthis Act or any appropriateInstrument, or on the direction ofthe Appeals Board.

(2) Any expense incurred by theAppeals Board in any suit or prosecutionbrought by or against the Appeals Boardbefore any court shall be paid out of theFund of the Commission and any costs paidto, or recovered by, the Appeals Board inany such suit or prosecution shall becredited to that Fund.

(3) Any expense incurred by any suchperson as is referred to in paragraph (b) ofsubsection (1) in any suit or prosecutionbrought against him before any court inrespect of any act which is done orpurported to be done by him under this Actor any appropriate Instrument, or on thedirection of the Appeals Board, shall, if thecourt holds that the act was done in goodfaith, be paid out of the Fund of theCommission, unless such expense isrecovered by him in such suit orprosecution.

(4) No writ against person or propertyshall issue against a member of the AppealsBoard in any action brought against theAppeals Board.

86. The Appeals Board shall have andmay exercise the following powers, dutiesand functions:—

(a) to conduct investigations intoappointments and promotionsalleged to have been made to the

staff of the Commission and toHigher Educational Institutions incontravention of the schemes ofrecruitment and the procedures forappointment in force at the timesuch appointments or promotionswere made;

(b) to consider appeals from employeesof the Commission or any HigherEducational Institution, who havebeen dismissed, compulsor i lyretired, or otherwise punishedagainst such dismissal, compulsoryretirement or other punishment;

(c) to consider appeals from employeesof the Commission who wereemployees of the old University orany Higher Educational Institution,relating to compensation payable toemployees of the old Universityunder section 142 of this Act; and

(d) to convey to the Chairman of theCommission or the governingauthority of the Higher EducationalInstitution concerned, as the casemay be, the decisions arrived atafter considering such appeals orconducting such investigations.

87. A decision made by the AppealsBoard in the exercise, performance anddischarge of its powers, duties and functionsunder section 86 shall be final, and whereremedial action has to be taken inconsequence of such a decision, theChairman of the Commission or thegoverning authority of the HigherEducational Institution concerned, as thecase may be, shall implement such decision.

88. The Appeals Board may makeOrdinances in respect of all such matters asit may deem neccessary to enable it toeffectively exercise, perform and dischargeits powers, duties and functions under thisAct.

A decision ofthe AppealsBoard to befinal.

Power of theAppeals Boardto makeOrdinances.

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Interpretationof this Part ofthis Act.

PART XII

UNIVERSITIES PROVIDENT FUND

89. In this Part of this Act—

" age of retirement" in relation to acontributor—

(a) who is the holder of a post ofteacher in a H ighe rEducat ional Ins t i tu t ion ,means sixty-five years ; and

(b) who is the holder of any otherpost in a Higher EducationalInstitution or a member of thestaff of the Commission,means the age at which heceases to be in theemployment of such HigherEducational Institution or theCommission, as the case maybe;

" contributor " means any member of thestaff of the Commission or a HigherEducational Institution who is acontributor to the provident fund ;

" earnings " means earnings as defined inthe Employees' Provident FundAct;

" Fund " in relation to—

(a) the Commission means theFund of the Commissionestablished under section 10 ofthis Act; and

(b) a H i g h e r E d u c a t i o n a lI n s t i t u t i o n means theUniversity Fund establishedunder section 99 of this Act;

" provident fund " means the providentfund established by the Commissionunder this Part of this Act;

"salary" means the emoluments of thesubstantive post -or appointmentheld by any contributor andincludes any such allowances asmay by Ordinance be declared toconstitute part of his salary; and

Establish-ment of theUniversitiesProvidentFund.Regulation ofthe ProvidentFund.

" teacher" includes Librarian, DeputyLibrarian and Assistant Librarian.

90. The Commission shall establish afund which shall be called and known as theUniversities Provident Fund.

91. Ordinances may be made by theC o m m i s s i o n fo r the r e g u l a t i o n ,administration and management of theprovident fund and for all matters incidentalto or connected with such fund, for whichno express provision is made in this Act,and such Ordinances shall conform to therequirements of the Employees' ProvidentFund Act.

92. (1) Every member of the staff of Contributionsthe Commission or a Higher Educational to the

ProvidentInstitution, except in such cases as may be fundprescribed by Ordinance, shall, from thedate of his employment on such staff,contribute to the provident fund by meansof equal monthly deductions from hissalary, an amount equal to ten per centumof his earnings; and the Commission or theHigher Educational Institution shall, inaddition, out of its Fund, at the same timecontribute to the provident fund in respectof every contributor, a sum equal to fifteenper centum of the earnings of thatcontributor, or such other sum as theMinister may, in consultation with theMinister in charge of the subject of Finance,determine.

(2) The Secretary of the Commissionshall open and keep a general account forthe provident fund and a separate accountin respect of each contributor to thatprovident fund. All contributions made by acontributor to the provident fund and allcontributions made by the Commission orthe Higher Educational Institution to theprovident fund in respect of that contributorshall be placed to the credit of a separateaccount of that contributor in the providentfund.

(3) The amount lying to the credit of theaccount of a contributor shall, subject to theprovisions of any Ordinance made in thatbehalf, accumulate at compound interest ata rate to be fixed by the Minister inconsultation with the Minister in charge ofthe subject of Finance until the day onwhich that contributor ceases to be in the

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employment of the Commission or theHigher Educational Institution and theaccount of that contributor shall be closedon that date.

Payment out of 93. (1) When the account of anythe provident contributor is closed as provided in section

92 (3), the Secretary of the Commissionshall, subject to the provisions of section 94,pay to that contributor the full amountlying to the credit of his account in theprovident fund, together with theaccumulated interest thereon.

(2) Where a contributor, before he hascompleted his age of retirement, ceases to beemployed by the Commission or a HigherEducational Institution either on account ofill health or incapacity or on account of theabolition of the post in which he isemployed, or voluntarily leaves the serviceof such Commission or Higher EducationalInstitution, the Secretary of the Commissionshall, subject to the provisions of section 94,pay to that contributor the full amountlying to the credit of his account in theprovident fund together with theaccumulated interest thereon at the date onwhich he ceased to be so employed, or onthe date on which he voluntarily left theservice of such Commission or HigherEducational Institution, as the case may be.

(3) Where a contributor, before he hascompleted his age of retirement, is dismissedor compulsorily retired from the service ofthe Commission or a Higher EducationalInstitution, the Secretary of the Commissionshall, subject to the provisions of section 94,pay to the contributor the full amount lyingto the credit of his account in the providentfund, together with the accumulated interestthereon, up to the date of his dismissal orcompulsory retirement, as the case may be.

(4) Where a contributor dies while in theservice of the Commission or a HigherEducational Institution, the Secretary of theCommission shall, subject to the provisionsof section 94, pay the full amount lying tothe credit of his account in the providentfund, together with the accumulated interestthereon, to the estate of the deceasedcontributor or to the person or personslawfully entitled to such amount.

94. Notwithstanding anything in thepreceding provisions of this Part andwithout prejudice to any other right orremedy, the amount of any loss or damagesustained by the Commission or a HigherEducational Institution by reason of thedishonesty or negligence of a contributor atany time during the period of hisemployment by such Commission or HigherEducational Institution and payments dueon any loan taken by the contributor fromthe Commission or a Higher EducationalInstitution or the Government, as the casemay be, shall be a first charge upon theamount lying to the credit of the account ofthat contributor in the provident fund; andsuch amount may be deducted at the timewhen any payment is made in accordancewith the provisions of section 93.

95. Notwithstanding anything in thepreceding provisions of this Part andwithout prejudice to any other right orremedy, where the full amount lying to thecredit of a contributor in the provident fundis not paid to him within a period of threemonths from the date on which his accountwas closed, the amount lying to his creditshall accumulate compound interest at suchrate as determined for the purpose ofsection 92 (3) up to the last day of themonth preceding that in which the fullamount lying to the credit of his account ispaid:

Provided that such interest shall not bepaid in cases where the delay in the paymentof such amount to such contributor was dueto any fault of the contributor.

96. Notwithstanding anything in , anywritten law other than this Act, the moneyslying to the credit of a contributor in theprovident fund shall not at any time beattached, sequestered or seized in executionof the decree or process of any court.

97. The Minister may, in consultationwith the Minister in charge of the subject ofFinance, establish a pension scheme and awidows' and orphans' pension fund as analternative, or in addition, to the providentfund established by the Commission underthis Part. Ordinances may be made by theCommiss ion for the r e g u l a t i o n ,administration and management of suchpension scheme and such widows' andorphans' pension fund.

Deductionsprior topayment fromthe providentfund.

Unpaidprovident fundto accumulatecompoundinterest incertain cases.

Certain assetsof contributorexempt fromseizure inexecution.

Establishmentof pensionscheme andwidows' andorphans'pension fund.

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fund.

UNIVERSITIES [Cap.383PART XIII

FINANCIAL PROVISIONS

98. The financial year of a HigherEducational Institution shall be the same asthe financial year of the Government.

99. (1) Each Higher EducationalInstitution shall have a fund to be called theUniversity Fund, into which shall be paid—

(a) fees to be paid to the HigherEducational Institution inaccordance with the provisions ofany appropriate Instrument;

(b) income from endowments;

(c) moneys provided by Parliament anddisbursed by the Commission asgrants in aid of Higher EducationalInstitutions; and

(d) all other moneys belonging to theHigher Educational Institutionfrom whatsoever source derived.

(2) Particulars of each sum of moneypaid into the University Fund shall withinone month of such payment be submitted bythe principal executive officer of the HigherEducational Institution concerned to theCommission for its information.

100. (1) The Deputy Secretary to theTreasury shall, as soon as may bepracticable after the commencement of eachfinancial year, pay to a Higher EducationalInstitution such sums of money as may beprovided by Parliament by way of annualappropriation, supplementary vote orotherwise as a grant or grants in aid of suchHigher Educational Institution.

(2) All moneys paid to a HigherEducational Institution under the precedingsubsection shall be applied or expended bysuch Higher Educational Institution for allor any of the purposes authorized by thisAct or any appropriate Instrument.

101. It shall be the duty of the Bursar of Duties ofa University or Open University or the Bursar orTreasurer of a University College, as the Treasurer.case may be—

(a) to keep the accounts of suchUniversity, Open University orUniversity College in such form andmanner as may be prescribed byOrdinance ;

(b) to receive all moneys paid into theUniversity Fund and to credit suchmoneys to the proper heads ofaccounts;

(c) to make all authorized payments;and

(d) to prepare for the governingauthority such triennial estimates asare required by the Commission,the annual financial appropriationsof the ensuing financial year, andany supplementary estimate undersection 105 :

Provided, however, that incomederived from grants made forspecific purposes or fromendowments for specific objects,shall be separately accounted for inthe accounts of the University,Open University or UniversityCollege, as the case may be, andthat no payment shall be madefrom such income for the generalpurposes of such University, OpenUniversity or University College, orfor any purposes or objects otherthan those for which such grants orendowments were respectivelymade.

102. The triennial estimates and theannual appropriations of a University,Open University or University College, asthe case may be, prepared under paragraph(d) of section 101 shall be considered bythe governing authority before such date asmay be prescribed by Ordinance. Suchgoverning authority may make suchalterations in such estimates andappropriations as it thinks fit and shallsubmit them to the Commission togetherwith the accounts of the University, Open

Governingauthority toconsidertriennialestimates andannualappropriations.

Financial year.

The UniversityFund.

Grants in aidof HigherEducationalInstitutions.

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UNIVERSITIES

University or University College, as the casemay be, for the last completed financialyear.

103. The triennial estimates and annualappropriations of a University, OpenUniversity or University College, as the casemay be, and its annual accounts shall beconsidered by the Commission, and it shallbe lawful for the Commission by resolution,to adopt or amend such estimates andappropriations as it thinks fit.

104. The Commission shall return thetriennial estimates and annualappropriations of a University, OpenUniversity or University College, as the casemay be, to the governing authority of thatUniversity, Open University or UniversityCollege, together with any resolutionspassed under the preceding section and thatgoverning authority shall thereupon acceptsuch estimates and appropriations asadopted or amended by the Commission:

Provided, however, that subject to theprovisions of subsection (2) of section 100,such governing authority may, with theconcurrence of the Commission, transfermoneys assigned under one head ofexpenditure to any other head ;

Provided further, that every such transfershall be reported by the principal executiveofficer of that University, Open Universityor University College, as the case may be, tothe Commission as soon as possiblethereafter.

105. In case of necessity and in order tomeet unforeseen expenditure, it shall at anytime be lawful for the Bursar of a Universityor Open University or the Treasurer of aUniversity College, as the case may be, top repare s u p p l e m e n t a r y es t imates ofexpenditure and for the governing authorityof that University, Open University orUniversity College, to pass such estimates :

Prov ided , however , that suchsupplementary estimates shall be forwardedto the Commission to be submitted to theMinister together with the annualappropriations for the ensuing year;

P r o v i d e d f u r t h e r , t h a t s u c hsupplementary estimates shall not exceed

Annualstatement ofaccounts andstatistics.

the grant voted by Parliament for thefinancial year and no financial liability of arecurrent nature shall be incurred withoutthe prior approval of the Minister, givenwith the concurrence of the Minister incharge of the subject of Finance.

106. (1) Each Higher Educat ionalInst i tu t ion shall prepare an annualstatement of accounts and statistics relatingto its activities in such form and mannerand containing such particulars as theCommission may specify from time to time.

(2) The books of accounts of a HigherEducational Institution shall be kept in theoffice of that Institution.

107. (1) (a) Each Higher Educational Audit ofInstitution shall have its accounts audited accounts.

each year by the Auditor-General and, forthe purpose of assisting him in the audit ofsuch accounts, the Auditor-General mayemploy the services of any qualified auditoror auditors who shall act under his directionand control.

(b) The accounts of a HigherEducational Institution for each financialyear shall, within four months after theclosure of that financial year, be submittedby its principal executive officer, to theAuditor-General for audit.

(2) The Auditor-General and any personassisting the Auditor-General in the audit ofthe accounts of a Higher EducationalInstitution, shall have access to all suchbooks, records, deeds, agreements, vouchersand other documents of that Institution asthe Auditor-General may consider necessaryfor the purpose of the audit and shall befurnished by that Institution and its officerswith such information within theirknowledge as may be required for suchpurpose.

(3) For the purpose of meeting theexpenses incurred by him in auditing theaccounts of a Higher EducationalInstitution, the Auditor-General shall bepaid from the University Fund of thatInstitution, such remuneration as theM i n i s t e r may d e t e r m i n e w i t h the

Cap.383]

TheCommission toconsidertriennialestimates andannualappropriations.

Transfer ofmoneys.

Supplementaryestimates.

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concurrence of the Minister in charge of thesubject of Finance. Any remunerationreceived from a Higher EducationalInstitution by the Auditor-General shall,after deducting any sums paid by him to anyqualified auditor or auditors employed byhim for the purpose of such audit, becredited to the Consolidated Fund.

(4) For the purpose of this section, theexpression " qualified auditor " means—.

(a) an individual who, being a memberof the Institute of CharteredAccountants of Sri Lanka or of anyother Institute established by law,possesses a certificate to practise asan Accountant issued by theCouncil of such Institute, or

(b) a firm of Accountants each of theresident partners of which, being amember of the Institute ofChartered Accountants of SriLanka, or of any other Instituteestablished by law, possesses acertificate to practise as anAccountant issued by the Councilof such Institute.

(5) The provisions of Article 154 of theConstitution shall apply to and in relationto the audit of the accounts of a HigherE d u c a t i o n a l I n s t i t u t i o n by theAuditor-General.

(6) (a) The Auditor-General shalldisallow every item of the accounts which isin his opinion irregular or contrary to lawand surcharge the same on the officer,teacher or employee making or authorisingthe making of such payment, and shallcharge against any officer, teacher, oremployee any sum which ought to havebeen, but is not brought into account bysuch officer, teacher or employee, and theAuditor-General shall in each such case,certify the amount due from such person.

(b) Before certifying any surcharge ordisallowance against any officer, teacher oremployee of a Higher EducationalInstitution under paragraph (a), theAuditor-General shall notify such person ofsuch proposed surcharge or disallowanceand inform such person of his right to make

representations or be heard against suchsurcharge or disallowance, and fix a timeand place for the hearing and inquiry intosuch representations not less than fourteendays from the date of despatch of suchnotice and, upon completion of suchhearing and inquiry, the Auditor-Generalshall record the same and make his decisionthereon giving the reasons for such decision,and inform such person and the Registrar ofthat University or Open University or theSecretary of the University College, as thecase may be, of the same.

(c) Any person aggrieved by the decisionof the Auditor-General may, within fourteendays from the communication to suchperson of such decision, appeal therefrom tothe Commission:

Provided, however, that any person who,upon being informed of the proposedsurcharge or disallowance by the Auditor-General, refuses or neglects to attend ortake part in any inquiry or hearing beforethe Auditor-General, as to such surchargeor disallowance under paragraph (b) shallnot be entitled to appeal to the Commissionunder this paragraph.

(d) Upon receipt of any appeal underparagraph (c), the Commission shallconsider such appeal and—

(i) if, in the circumstances of the case, itconsiders it fair and equitable thatsuch surcharge or disallowanceshould be remitted, make suchorder; or

(ii) vary or confirm the amount of suchsurcharge or disallowance ; and

(iii) make an order as regards the costsincurred by the Auditor-General inrespect of such surcharge ordisallowance and inform suchperson and the Registrar of theUniversity or Open University orthe Secretary of the UniversityCollege, as the case may be, and theAuditor-General, of such decision.

(e) Where a surcharge or disallowanceagainst any person has been certified by theAuditor-General, such certification or such

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certification varied as regards the amount,by the Commission under sub-paragraph (ii)of paragraph (d) shall be prima facie proofof the matters stated therein.

(f) Where—

(i) an appeal has been confirmed by theCommission under paragraph (d);or

(ii) no right of appeal is available to anyperson under the proviso toparagraph (c),

the principal executive officer or a personauthorized by such officer in writing, shall,where no payment or an agreement to payhas been made within three months of suchsurcharge' or three months of the date ofcommunication of the decision of theCommission, institute in a court ofcompetent jurisdiction, against the personagainst whom such surcharge ordisallowance has been certified, an actionfor the recovery of the amount so certifiedto be recoverable, together with the coststhereon.

108. (1) The Auditor-General shallexamine the accounts of each HigherEducational Institution and furnish areport—

(a) stating whether he has or has notobtained all the information andexplanations required by him;

(b) stating whether the accounts referredto in the report are properly drawnup so as to exhibit a true and fairview of the financial position ofthat H i g h e r E d u c a t i o n a lInstitution; and

(c) drawing attention to any item in theaccounts which in his opinion maybe of interest to Parliament in anyexamination of the activities andaccounts of that HigherEducational Institution.

(2) The Auditor-General shall transmithis report in respect of a HigherEducational Institution, to that Institutionand to the Commission.

(3) The report of the Auditor-Generalreferred to in subsection (2) shall beconsidered by the governing authority ofthat Higher Educational Institution andafter such consideration, that HigherEducational Institution shall, within threemonths of the transmission of such report tothe Higher Educational Institution and tothe Commission, inform the Auditor-General of the steps taken or proposed to betaken with regard to the matters pointed outin such report.

109. The accounts of a Higher Publication ofEducational Institution for each financial auditedyear shall, when audited, be published in theGazette.

110. Each H i g h e r E d u c a t i o n a lInstitution shall within three months of thereceipt by it of the Auditor-General's reportin respect of each year, transmit to theMinister and to the Commission such reportwith any comments made thereon by itsgoverning authority together with thestatement of accounts to which the reportrelates, and the Minister shall cause copiesthereof to be tabled in Parliament before theend of the year next succeeding the year towhich such accounts and report relate, andthe principal executive officer of that HigherEducational Institution shall attend andanswer any questions arising therefrombefore the Public Accounts Committee ofParliament.

111. The provisions of subsections (3),(4) and (7) of section 10, and the provisionsof section 12, of the Public Corporations(Financial Control) Act shall, mutatismutandis, apply to, and in relation to, theaudit of the accounts of any HigherEducational Institution.

PART XIV

STUDENTS ASSEMBLIES AND ASSOCIATIONS

112. (1) Each Higher Educational StudentInstitution shall have a Student Assembly Assembly.

consisting of student representatives electedfrom among the persons who are for thetime being students of that HigherEducational Institution.

Annualaccounts andAuditor-General'sreport to betransmitted toMinister.

Certainprovisions ofthe PublicCorporations(FinancialControl) Act toapply.

Auditor-General'sreport.

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Pramod N Hettihewa

accounts.


Office-bearersof StudentAssembly.

StudentAssembly tohave noaffiliation.

Recognition ofcertain unions,societies andotherassociations.

(2) Every election to the StudentAssembly shall be conducted by secretballot at the commencement of eachacademic year, by such person or persons asmay be nominated by the principalexecutive officer of the Higher EducationalInstitution concerned.

(3) The term of office of a StudentAssembly shall expire at the end of theacademic year in which the StudentAssembly was elected.

113. (1) Each Student Assembly shallelect from among its members a Chairman,a Vice-Chairman, a Secretary, and a JuniorTreasurer who shall be the office-bearers ofthe Student Assembly.

(2) Each Student Assembly shall have aSenior Treasurer who shall be a teachernominated by such Assembly and whosenomination has been approved by theprincipal executive officer of the HigherEducational Institution to which suchAssembly belongs.

(3) Each Student Assembly may for thepurpose of conducting its business appointsuch Standing Committee or Committees asmay be prescribed by Ordinance:

Provided, however, that the Chairman orthe Secretary of any Student Assembly shallnot be a member of any such StandingCommittee or Committees.

114. A Student Assembly shall have noaffiliation with any organization or bodyoutside the Higher Educational Institutionto which such Assembly belongs.

115. (1) A Higher Educat ionalInstitution may, with the concurrence of theCommission, recognize any union, societyor other association of students of thatInstitution, established for the sole purposeof furthering academic or social objectives,provided that the membership of suchunion, society or other association consistsentirely of students of that Institution.

(2) Subject to the provisions of section117, the governing authority of the HigherEducational Institution concerned mayprescribe by By-law, the mode of

registration of unions, societies and otherassociations recognized under subsection(1), their functions, the mode of conductingelections for the appointment of their office-bearers, and the duties and functions ofsuch office-bearers.

116. The governing authority of theHigher Educational Institution concernedmay from time to time allocate to theStudent Assembly, or to any union, societyor other association of such Institutionrecognized under section 115, such sums ofmoney as may be deemed necessary by suchgoverning authority, for their approvedactivities.

117. The Commission shall byOrdinance prescribe—

(i) the duties and functions of theStudent Assembly;

(ii) the number of studentrepresentatives constituting eachStudent Assembly and their modeof election;

(iii) the Standing Committee orCommittees which a StudentAssembly may appoint, and theduties and functions of suchCommittee or Committees;

(iv) the duties and functions of theChairman, the Vice-Chairman, theSecretary and the Junior Treasurerof the Student Assembly;

(v) the purpose or the purposes forwhich the funds allocated to theStudent Assembly and any union,society or other association undersection 116 shall be utilized ; and

(vi) the form and the manner in whichthe accounts of the StudentAssembly and any union, society orother association shall bemaintained and audited.

118. (1) If any Student Assembly orunion or society or other association of aHigher Educational Institution conductsitself in a manner, which, in the opinion ofthe principal executive officer of thatInstitution, is detrimental or prejudicial to

Governingauthority toallocate moneyto StudentAssembly, forapprovedactivities.

TheCommissionto prescribeconstitution,duties andfunctions ofStudentAssembly andits office-bearers.

Suspension ordissolution ofa StudentAssembly,union, societyor otherassociation.

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the good name of that Institution, or acts incontravention of this Act or any appropriateInstrument, such principal executive officermay suspend or dissolve such StudentAssembly, union, society or otherassociation, as the case may be.

(2) Where any Student Assembly hasbeen dissolved under subsection (1), theprincipal executive officer may, subject tothe provisions of section 112, fix a date forthe purpose of electing a new StudentAssembly. Such new Student Assemblyshall hold office until the end of theacademic year in which it was elected.

" Circumstancesin whichapproval orconsent may berefused.

(ii) the following section shall besubstituted for section 7 thereof:—

7. The principal executiveofficer of a HigherEducational Institution shallnot refuse—

(a) to approve any plan,d r a w i n g , o rspecification of anybuilding; or

(b) to consent to anyalteration in anybuilding,

Application ofChapter 600 toareas withinthe precincts orin proximity tothe precincts ofa HigherEducationalInstitution.

PART XV

APPLICATION OF THE HOUSING AND TOWNIMPROVEMENT ORDINANCE

119. (1) Notwithstanding anything inthe Housing and Town ImprovementOrdinance it shall be lawful for the Ministeron the recommendation of the Commissionand in consultation with the Minister incharge of the subject of Local Government,if he deems it expedient so to do in order topreserve the amenities of the precincts of aHigher Educational Institution, to declareby Notification published in the Gazette,that Chapter I of Part II of that Ordinanceshall apply, subject to the modificationsspecified in subsection (2) of this section, toany area of land within the precincts or inproximity to the precincts of such HigherEducational Institution specified in suchNotification, to which the said Ordinancedoes not otherwise apply, as if such areawere an area comprised within the limits ofa local authority.

(2) Upon the publication of anyNotification under subsection (1) of thissection, the said Chapter shall applyaccordingly, subject to the followingmodifications:—

(i) the words " principal executiveofficer " shall be substituted for theword " Chairman", wherever thelatter word occurs therein,

unless the building or thealteration of the building is ofsuch nature as to be likely, inhis opinion, to injure theamenities of the precincts ofthe Higher EducationalInstitution or unless theappl icat ion for suchapproval or consent fails tocomply with any requirementmade under section 8. ";

(iii) the following paragraph shall besubstituted for paragraph (a) ofsection 8 thereof:—

"(a) the submission of plans,drawings, and specifications insuch form and containingsuch particulars as may beprescribed by the principalexecutive officer; ";

(iv) the following paragraph shall besubstituted for paragraph (b) ofsection 8 thereof:—

" (b) the amendment of any plan,drawing or specification sosubmitted so as to bring itinto accordance with suchform or so as to contain anysuch particulars; ";

(v) in paragraph (e) of section 8 thereof,the words " this Chapter " shall besubstituted for the words " thisOrdinance ":

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(vi) the following paragraph shall besubstituted for paragraph (c) ofsubsection (1) of section 13thereof:—

"(c) execute any buildingoperation in contravention ofany of the provisions of thisChapter;";

(vii) the following subsection shall besubstituted for subsection (2) ofsection 13 thereof:—

"(2) In any case in which anyperson is convicted under thissection, the Magistrate may,on the application of theprincipal executive officer,make a mandatory orderrequiring such person or theowner of the building, orboth, within a time limited inthe order, to demolish thebuilding in question or to alterit so as not to injure theamenities of the precincts ofthe Higher EducationalInstitution, and in the event ofsuch mandatory order notbeing complied with, mayauthorize the principalexecutive officer to demolish,alter or otherwise deal withthe building in such a manneras to secure compliance withthe order and any expensesthereby incurred shall berecovered upon an order madeby the Magistrate in the samemanner as a fine imposed byhim and upon recovery shallbe paid to the principalexecutive officer of the HigherEducational Institution. ";

(viii) the following subsection shall besubstituted for subsection (1) ofsection 15 thereof:—

"(1) No building constructed afterthe commencement of thisOrdinance shall be occupied,except by a caretaker, untilthe principal executive officerhas given a certificate that

such building as regardsconstruction, drainage and inall other respects, does notinjure the amenities of theprecincts of a HigherEducational Institution.; and

(ix) the reference to the tribunal ofappeal in section 16 thereof shall bedeemed to be a reference to theDistrict Court having jurisdiction inthe district in which the said area issituated.

(3) The exercise of any of the powersconferred on the principal executive officerof a Higher Educational Institution underthe provisions of this section shall be subjectto the consent of its governing authority,and if such principal executive officerrefuses to approve any plan, drawing orspecification of any building or to consentto any alteration in any building within thesaid area on the ground that it will injurethe amenities of the precincts of the HigherEducational Inst i tut ion, the HigherEducational Institution shall makecompensation to any person for any loss ordamage he may sustain in consequence ofsuch refusal; and any person aggrieved bythe failure of the Higher EducationalInstitution to make such compensation or tomake adequate compensation, may appealto the District Court having jurisdiction inthe district in which such area is situated,and the decision of the District Court onany such appeal shall be f i na l andconclusive.

PART XVI

APPLICATION OF THE GOVERNMENTQUARTERS (RECOVERY OF

POSSESSION) ACT

120. (1) The provisions of theGovernment Quarters (Recovery ofPossession) Act shall—

(a) apply to University quarters subjectto the modifications set out insubsection (2); and

(b) be deemed at all times to have been,and to be, an implied condition ofthe occupation by persons ofUniversity quarters.

Application ofGovernmentQuarters(Recovery ofPossession)Act toUniversityquarters.

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(2) The provisions of the GovernmentQuarters (Recovery of Possession) Act, intheir application to University quarters aremodified as follows :—

(i) the words " University quarters"shall be substituted for the words" Government quarters " whereverthose words appear in that Act;

(ii) in sect ion 9 thereof, for thedefinition of—

(a) " competent authority ", thereshall be substituted thefollowing definition:—

'" competent authority " meansthe Secretary of theCommission, or theRegistrar of a Universityor the Secretary of aUniversity College, asthe case may be,a u t h o r i z e d by theSecretary of theCommission to be acompetent authority forthe purposes of theAct'; and

(b) " Government quarters " thereshall be substituted thefollowing definition:—

PART XVII

GENERAL PROVISIONS

121. A person shall be disqualified frombeing appointed to, or from being a memberof, the Commission, the Appeals Board, orany Authority or other body of a HigherEducational Institution—

(a) if he is an undischarged bankrupt orinsolvent; or

(b) if he is convicted of any offenceinvolving moral turpitude; or

(c) if he is, under any law in force,found or declared to be of unsoundmind; or

(d) if he, directly or indirectly, byhimself or by any person on hisbehalf or for his use or benefit,holds or enjoys any right or benefitunder any contract, other than hiscontract of employment, made byor on behalf of any HigherEducational Institution.

122. All members and the staff of theCommission and of the Appeals Board, andall members of the staff of each HigherEducational Institution shall be deemed tobe public servants within the meaning andfor the purposes of the Penal Code.

Disqualificationfrom beingmembers of theCommission,the AppealsBoard or anyAuthority orother bodyof a HigherEducationalInstitution.

Members andstaff ofCommissionand AppealsBoard and staffof HigherEducationalInstitutionsdeemed to bepublic servants.

'" University quarters " meansany building, room orother accommodationoccupied or used for thepurposes of residencewhich is provided by oron behal f of theC o m m i s s i o n orUniversity or UniversityCollege to any person,and includes any land orpremises in which suchbuilding or room ora c c o m m o d a t i o n issituated.'.

123. The Commission, the AppealsBoard, and each Higher EducationalInstitution shall be deemed to be ascheduled institution within the meaning ofthe Bribery Act, and the provisions of thatAct shall be construed accordingly.

124. There shall be established aCommittee of Vice-Chancellors andDirectors for the purpose of considering allmatters of common interest to theUniversities or University Colleges and foradvising the Commission on such matters.

TheCommission,Appeals Boardand eachHigherEducationalInstitution tobe a scheduledinstitutionwithin themeaning of theBribery Act.

Committee ofVice-Chancellorsand Directors.

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125. If any question arises as to whetherany person has been duly elected,appointed, nominated or co-opted as, or asto whether any person is entitled to be, amember of any Authority or other body of aHigher Educational Institution, the questionshall be referred to the Commission whosedecision thereon shall be final.

126. No act, resolution or proceeding ofthe Commission, the Appeals Board or anyAuthority or other body of a HigherEducational Institution shall be invalidatedmerely by reason of the existence of avacancy or of vacancies among its members,or any defect or defects in the appointmentof such member or any member or membersthereof being disqualified under section 121.

127. The Commission, the AppealsBoard or any Higher EducationalInstitution shall not grant any bonus ormake any gift or division of money, otherthan a death gratuity, to or between any ofits members, except in accordance with thisAct or any appropriate Instrument.

128. (1) No twi ths t and ing theprovisions of any other written law, noperson, institution, corporation, orprofessional or other body, other than aUniversity, Open University or the BuddhaSravaka Dharmapithaya established underthe Buddha Sravaka Dharmapithaya Act,shall grant or confer on any person orpersons any degree or other academicdistinction whatsoever;

Provided, however , that academicdistinctions may be granted by professionalbodies or research institutes by arrangementwith such University and the concurrence ofthe Commission.

(2) Where there is a contravention of theprovisions of subsection (1) by any person,institution, corporation or professional orother body, such person or the governingauthority, proprietor, director or otherperson or persons responsible for themanagement of such institution,corporation or professional or other bodyshall be guilty of an offence and shall, onconviction by a Magistrate, be liable to afine of two hundred and fifty rupees.

129. (1) The Minister may inconcurrence with the Minister in charge ofthe subject of Education, by Orderpublished in the Gazette, transfer to aHigher E d u c a t i o n a l I n s t i t u t i o n , anyinstitution, school or college maintained andmanaged by the Government, together withany movable property therein, and anyimmovable property of such institution,school or college may, by a like Order bythe Minister in charge of the subject ofL a n d s , be ves ted in such HigherEducational Institution.

(2) Upon the publication of such Order,the movable and the immovable property ofsuch institution, school or college shall vestin the Higher Educational Institution witheffect from the date specified in that Order.

130. (1) On or after such date as maybe appointed for the purposes of this sectionby the Minister by Order published in theGazette, no educational institute other thana Higher Educational Institution shall beestablished or maintained by or under aname which con t a in s the word" University ".

(2) Where there is a contravention of theprovisions of subsection (1) in respect of anye d u c a t i o n a l ins t i tu te , the governingauthority or the proprietor of that instituteshall be guilty of an offence and shall onconviction by a Magistrate, be liable to afine of one hundred rupees for each dayafter the date appointed under subsection(1) of this section, for which the word" University " was used as its name or partof its name.

(3) Subsections (1) and (2) of thissection shall not apply to the BuddhaSravaka Dharmapithaya established underthe Buddha Sravaka Dharmapithaya Act.

PART xvniSPECIAL PROVISIONS

131. (1) Where the presence of anyperson in the precincts of a HigherEducational Institution is, in the opinion ofthe governing authority of that Institution,undesirable, the principal executive officerof that Institution, after giving such person

Transfer ofotherinstitutions toa HigherEducationalInstitution.

Restrictions onthe use of theword

" University ".

Prohibition ofcertain personsfrom enteringprecincts of aHigherEducationalInstitution.

Questions as tovalidity ofelections,appointments,&c.

Vacancies ordefects not toinvalidateresolutions orproceedings,

Gifts, &c.

No person orbody otherthan aUniversity togrant or conferdegrees.

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an opportunity of being heard, may, withthe consent of that governing authority, bywriting under his hand served on suchperson, prohibit such person from enteringor remaining within such precincts or withinsuch part thereof as may be specified in suchwriting. Such prohibition shall be andremain in force until revoked by suchprincipal executive officer with the consentof such governing authority.

(2) A certificate under the hand of theprincipal executive officer of a HigherEducational Institution to the effect thatany person named in the certificate has beenprohibited, in accordance with theprovisions of subsection (1) from entering orremaining within the precincts of a HigherEducational Institution or any specified partthereof, shall be received and accepted byany court as evidence of the facts stated insuch certificate until the contrary is proved-

(3) A document purporting to be acertificate issued by the principal executiveofficer of a Higher Educational Institutionand signed by him shall be received inevidence and shall, until the contrary isproved, be deemed to be a certificate issuedby such officer under subsection (2).

132. Any person who is prohibitedunder the provisions of section 131 fromentering or remaining within the precincts ofa Higher Educational Institution or partthereof and who, without reasonable cause,enters or remains within such precincts orpart thereof in contravention of suchprohibition, shall be guilty of an offence,and shall, on conviction by a Magistrate, beliable to a fine of one hundred rupees inrespect of each day or part thereof on whichhe has entered or during which he hasremained within such precincts or partthereof.

133. An offence under section 131 shallbe cognizable and bailable within themeaning of the Code of Criminal ProcedureAct.

PART XIX

STATUTES, BY-LAWS, REGULATIONSAND RULES

134. (1) Subject to the provisions of Statutes.this Act, and of the Orders and Ordinancesmade thereunder. Statutes may be made bythe Court of a University in respect of all orany of the following matters:—

(a) where not otherwise provided for,,the filling of vacancies in, and theconvening of, any Authority orother body;

(b) the determination of the degrees,diplomas, certificates and otheracademic distinctions to beconferred;

(c) the conferment of honorary degrees;

(d) the institution and award off e l l o w s h i p s , s c h o l a r s h i p s ,exhibitions, bursaries, medals andother prizes for which funds orproperty may in any mannerwhatsoever be provided;

(e) all matters for which, under theprovisions of this Act, Statutes areauthorized or required to be made;and

(f) all matters which, under theprovisions of this Act are to be, ormay be, prescribed by Statute,

(2) Every Statute shall, when assented toby the Court, be published in the Gazetteand shall come into force on such date asmay be specified therein.

135. (1) Subject to the provisions of By-laws.this Act, and of the Orders, Ordinances andStatutes made thereunder, By-laws may bemade by the governing authority of aHigher Educational Institution in respect ofall or any of the following matters;—

(a) the courses of study prescribed fordegrees, diplomas, certificates andother academic distinctions;

Penalty foroffence ofdisobeyingprohibition.

Offences undersection 131 tobe cognizableand bailable.

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(b) the conditions subject to whichstudents shall be admitted tocourses of study and examinationsprescribed for degrees, diplomas,certificates and other academicdistinctions and shall be eligible forsuch academic distinctions;

(c) the fees to be charged for courses ofstudy, examinations, residence andthe award of degrees, diplomas,certificates and other academicdistinctions;

(f) the conditions of residence and thediscipline of students;

(e) where not otherwise provided for,the constitution, powers, duties andfunctions and the terms ofmembership of any Authority, orother body;

(f) all matters connected with theelection of representatives to thevarious Author i t ies and otherbodies;

(g) the conditions and mode ofappoin tment , dut ies andemoluments of examiners, and theconduct and main tenance ofstandards of examinations;

(h) all matters for which, under theprovisions of this Act or of theOrdinances and Statutes madethereunder. By-laws are authorizedor required to be made ; and

(i) all mat ters which, under theprovisions of this Act or of theOrdinances and Statutes madethereunder, are to be, or may be,prescribed by or provided for byBy-laws.

(2) No By-law shall be made by thegoverning authority of a HigherEducational Institution in respect of anymatter relating to, or connected with,teaching in, or the examinations of, that

Intitution, unless a draft of such By-law hasbeen prepared and submitted to suchgoverning authority by the Senate or theAcademic Syndicate, as the case may be, ofthat Institution.

(3) Every By-law made by the governingauthority of a Higher EducationalInstitution shall come into force on suchdate as shall be specified therein.

136. Subject to the provisions of this Regulations.Act and of the Orders, Ordinances, Statutesand By-laws made thereunder. Regulationsmay be made by the Senate or the AcademicSyndicate, as the case may be. of a HigherEducational Institution in regard to anyacademic matter and for the amendment,variation or revocation of an existingRegulation.

In this section " academic matter " meansany matter which is subject to the controland general direction of such Senate orAcademic Syndicate.

137. (1) Subject to the provisions of Rules.this Act, and of any appropriate Instrument,the Commission, the Appeals Board, andany Authority or other body of a HigherEducational Institution may make Rules—

(a) for all matters which, under theprovisions of this Act or of anyappropriate Instrument, are to be,or may be, prescribed by Rules;

(b) for all matters in respect of which,under the provisions of this Act orof any appropriate Instrument,Rules are required or authorized tobe made; and

(c) for all other matters solelyconcerning the Commission, theAppeals Board, or any Authority orother body of a Higher EducationalInstitution and not provided for bythis Act or any appropriateInstrument.

(2) Any Rule made by the Commission,by the Appeals Board, or by any Authorityor other body of a Higher Educational

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Cap. 383] UNIVERSITIES

Certainprovisionsapplicableupon the repealof Act No. 1 of1972.

Institutesestablishedunder ActNo.1 of 1972deemed to beestablishedunder this Act.

Institution, may at any time, be amended,added to, varied or rescinded by a like Rulemade by such Commission, Appeals Board,Authority or other body.

PART XX

TRANSITORY PROVISIONS

*139. (1) Upon the repeal of theUniversity of Ceylon Act, No. 1 of 1972,each Campus specified in Column I belowshall be deemed to be a Universityestablished by Order made under section 21of this Act, and having the name and stylespecified in the corresponding entry inColumn II below, and accordingly, all theprovisions of this Act shall, mutatismutandis, apply to and in relation to suchUniversity—

Column I

Colombo

Peradeniya .

Vidyodaya .

Vidyalankara

Katubedda .

Jaffna

Column II

. University of Colombo, SriLanka;

. University of Peradeniya,Sri Lanka;

. University of SriJayewardenepura, SriLanka;

. University of Kelaniya, SriLanka;

. University of Moratuwa,Sri Lanka;

. University of Jaffna, SriLanka.

(2) Every Faculty of such Campus shallbe deemed, for all purposes, to be a Facultyof such University.

(3) Every Department of Study of suchFaculty shall be deemed, for all purposes, tobe a Department of Study therein.

140. (1) Upon the repeal of theUniversity of Ceylon Act, No. 1 of 1972,every Institute established or deemed to beestablished under that Act and in existenceon the day immediately preceding the dateof such repeal shall be attached to such

Higher Educational Institution as theCommission may determine, and shall asnearly as may be possible, continue tofunction as an Institute under such HigherEducational Institution in accordance withthe Statute under which such Institute wasestablished.

(2) For the purposes of this section,Statutes made under the aforesaid Act inrelation to each Institute shall be deemed tobe Ordinances made by the Commissionunder section 18 of this Act.

(3) The Commission shall, within oneyear of the date of such repeal, determinethe structure and composition of suchInstitute.

141. Subject to the provisions of this Effect of repealAct and of any appropriate Instrument, the of Act No. I offollowing provisions shall apply as from thedate of coming into operation of this Act—

(1) All teachers, officers and otheremployees in the service of the oldUniversity on the day immediatelypreceding the date of coming into operationof this Part of this Act, who have notreached their respective ages of retirementshall be deemed to be teachers, officers andother employees in the service of suchHigher Educational Institution as theCommission may determine and shall holdtheir offices with as nearly as may be thesame status and on the same terms,including terms relating to salaries or wages,the termination of employment allowancesor other benefits as they had or enjoyed inthe service of the old University.

(2) The Commission may within oneyear of the date of coming into operation ofthis Part of this Act, review theappointments held by teachers, officers andother employees of the old University whowere in the service of that University on theday immediately preceding the date ofcoming into operation of this Part of thisAct, and order the abolition of such postswhich are found to be superfluous or thetermination of services of such persons ashad been appointed to their respective postsin contravention of the schemes of

* Section 138, repealing the University of Ceylon Act, No. 1 of 1972, is omitted.

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Pramod N Hettihewa

1972.


recruitment which were in force at the timewhen such appointments were made, withdue notice given to them.

(3) All debts, obligations and liabilitiesincurred and all contracts, deeds, bonds,agreements and other instruments executedor entered into, and all matters and thingsengaged to be done by, with, or for, the oldUniversity prior to the date of coming intooperation of this Part of this Act shall bedeemed to have been incurred, executed,entered into or engaged to be done by, withor for, a Higher Educational Institutionestablished under this Act. The Commissionshall indicate to the parties concerned theappropriate Higher Educational Institutionto which such debt, obligation contract,deed, bond, agreement or other instrumentrelates.

(4) (a) All suits, prosecutions, appealsor other legal proceedings civil and criminalwhich have been instituted in any court ortribunal by or against the old Universityprior to the date of coming into operationof this Part of this Act shall be deemed tohave been instituted by or against theCommission.

(b) Where such suit, prosecution, appealor other legal proceeding civil and criminalhas been instituted, the Commission maymake an application to court for an order tosubstitute the appropriate HigherEducational Institution to which such suit,prosecution, appeal or other legalproceeding relates, and the court shall makesuch order as it thinks fit. Where anapplication is made under the provisions ofthis paragraph, the provisions of the CivilProcedure Code relating to substitutionshall, mutatis mutandis, apply to and inrelation to such application.

(5) (a) All decrees or orders made by acompetent court or tribunal in favour of oragainst, the old University prior to the dateof coming into operation of this Part of thisAct shall be deemed to have been made infavour of or against, the Commission.

(b) Where such decrees or orders havebeen made by a court, the Commission maymake an application to that court for anorder to substitute the appropriate Higher

Educational Institution to which suchdecree or order relates, and the court shallmake such order as it thinks fit. Where anapplication is made under this paragraph,the provisions of the Civil Procedure Coderelating to substitution shall, mutatismutandis, apply to and in relation to suchapplication.

(6) The University Provident Fund ofthe old University together with the interestthereon as at the date of coming intooperation of this Part of this Act shall betransferred to the Universities ProvidentFund established under this Act, and everycontributor to the University ProvidentFund on the day immediately preceding thedate of coming into operation of this Part ofthis Act and every person who was acontributor to that Fund until the date ofhis voluntary retirement under the repealedAct, No. 1 of 1972, shall be deemed to be acontributor to the Universities ProvidentFund, Where any contributor who ceasedfrom the date of his voluntary retirementunder the University of Ceylon Act, No. 1of 1972, to contribute to the provident fundestablished under that Act becomes acontributor to the Universities ProvidentFund under this Act, compound interest atthe rate determined under section 46 (3) ofthat Act shall be deemed to have accrued tothe amount lying to the credit of that personin such fund as from the date of suchretirement until the date of coming intooperation of this Part of this Act andaccordingly such amount shall be creditedto the account of that person in theUniversities Provident Fund.

(7) All property, movable andimmovable, which has been vested in, orlegally purchased or acquired by, or leasedto, or placed at the disposal of, or in anyother manner transferred to the oldUniversity, or which is held in trust for theold University, or is in its possession orcontrol at the date of coming into operationof this Part of this Act, shall be held by orin trust for the Commission or such HigherEducational Institution as the Commissionshall determine, subject to the trusts,charges, liabilities, reservations, servitudesor other encumbrances and on the termsand conditions appertaining, attaching orapplicable thereto at that date.

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Specialprovisionsrelating totransferredmembers ofstaff of oldUniversity.

142. (1) Subject to the provisions ofthis Act and of any appropriate Instrument,the following provisions shall apply toteachers, officers and other employees of theold University after the date of coming intooperation of this Part of this Act—

(a) Where the post or office held bysuch teacher, officer or otheremployee is abolished undersubsection (2) of section 141, theHigher Educational Institution towhich such teacher, officer or otheremployee was attached shall payhim compensation for loss ofemployment. Such compensationshall be determined by the HigherEducational Institution concerned.

(b) Any teacher, officer or otheremployee of the old University may,within two years of the date ofcoming into operation of this Partof this Act, retire from the serviceof the Higher Educa t i ona lInstitution to which he wasattached, after his having given tosuch Institution at least twomonths' wri t ten notice of hisintention to retire:

Provided that this paragraph shall notapply—

(i) to a teacher, officer or otheremployee w h o has not beenconfirmed in his appointment ; or

(ii) to a teacher, officer or otheremployee who, having availedhimself of leave for study or otherpurpose, is under and agreement toserve the Higher EducationalInstitution, the old University or aUniversity deemed to be establishedunder the Higher Education Act,No. 20 of 1966*, for a specifiedperiod; or

(iii) to an officer or other employee whohas completed his fifty-fifth year.

(2) Where a teacher, officer or otheremployee of the old University has retiredunder the provisions of paragraph (b) of

subsection (1) of this section, the HigherEducational Institution concerned shall payhim by way of gratuity or retiringallowance, such compensation as mighthave been granted to him had his post beenabolished under subsection (2) of section141, and for the purpose of determiningsuch gratuity or retiring allowance hisservice under the old University and underany one or more of its predecessors shall bedeemed to be service to the HigherEducational Institution of which he was anemployee at the time of retirement.

(3) Any teacher, officer or otheremployee of the old University who isdissatisfied with the compensation payableto him under subsection (1) or (2) of thissection may appeal to the Appeals Board,whose decision thereon shall be final.

143. Notwithstanding anything to thecontrary in any other provision of this Act,the following provisions shall apply for thepurpose of enabling all such arrangementsand measures to be made and taken as arenecessary for the operation of this Act:—

(a) The Commission shall be appointedby the Pres ident , and shallcommence to function as from suchdate as may be specified by theMinister.

(b) The first Secretary of theCommission shall be appointed bythe Commission, and when soappointed—

(i) he shall commence to functionas from such date as may bes p e c i f i e d b y t h eCommission; and

(ii) he shall exercise, perform anddischarge in respect of theCommission all such powers,duties and functions as areconferred or imposed on orassigned to him under thisAct or any appropriateInstrument.

(c) Any officer or other employee of theold University may with the consentof that officer or other employee

Specialprovisionspending theestablishmentof a HigherEducationalInstitutionunder this Act.

* Repealed by Act No. 1 of 1972

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and the principal executive officerof that University, be temporarilyappointed to the staff of theCommission for such period as maybe determined by the Commission,wi th l ike consent , or bepermanently appointed to such staffon such terms and conditions,including those relating to pensionor provident fund rights, as may beagreed upon by that Commissionand that Principal executive officer.

(d) The first Vice-Chancellor of everyUniversity deemed to be establishedunder section 139 shall beappointed by the President andwhen so appointed—

(i) he shall commence to functionas from the date of cominginto operation of this Part ofthis Act;

(ii) he shall exercise, perform anddischarge in respect of theUniversity to which he is soappointed, all such powers,duties and functions as areconferred or imposed on orassigned to him under thisAct or any a p p r o p r i a t eInstrument;

(iii) he may exercise, perform anddischarge the powers, dutiesand functions of any or all theAuthorities of the Universityto which he is so appointeduntil such time as suchAuthori t ies are dulyconstituted under this Act;and

(iv) he shall, unless he vacatesoffice earlier, and subject tothe provisions of section 34 (1)(b), hold office for a term ofthree years reckoned from thedate of his appointment, andshall be eligible for re-appointment under section 34(1) (a) for a further period ofthree years immediatelysucceeding the aforesaidperiod.

(e) The first Registrar of each Universitydeemed to be established undersection 139 shall be appointed bythe Commission, and shall when soappointed exercise, perform anddischarge in respect of theUniversity to which he is soappointed, all such powers, dutiesand functions as are conferred orimposed on or assigned to himunder this Act or any appropriateInstrument.

(f) The first Bursar of each Universitydeemed to be established undersection 139, shall be appointed bythe Commission, and shall, when soappointed, exercise, perform anddischarge in respect of theUniversity to which he is soappointed, all such powers, dutiesand functions as are conferred orimposed on or assigned to himunder this Act or any appropriateInstrument.

144. Notwithstanding anything in anyother provision of this Act, the followingprovisions shall apply during thetransitional period pending theestablishment of a University under this Actfor the purpose of enabling all sucharrangements and measures to be made andtaken as are necessary to enable suchUniversity to commence to function as such,and to carry out its objects, as early aspossible after the date of itsestablishment:—

(a) The first Vice-Chancellor of theUniversity shall be appointed by thePresident, and when so appointed—

(i) he shall exercise, perform anddischarge all such powers,duties and functions as areconferred or imposed on orassigned to him under this Actor any appropr i a t eInstrument;

(ii) he may exercise, perform anddischarge the powers, dutiesand functions of any or all the

Specialprovisionspending theestablishmentof a Universityunder this Act.

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Authorities of the University,until such time as suchA u t h o r i t i e s are d u l yconstituted under the Act;and

(iii) he shall, unless he vacatesoffice earlier, and subject tothe provisions of section 34 (1)(b), hold office for a term ofthree years reckoned from thedate of his appointment, andshall be eligible for re-appointment under section 34(1) (a) for a further period ofthree yea rs i m m e d i a t e l ysucceeding the aforesaidperiod.

(b) The first Registrar of the Universityshal l be appo in t ed by theCommission, and shall, when soappointed, exercise, perform anddischarge all such powers, dutiesand functions as are conferred orimposed on or assigned to himunder this Act or any appropriateInstrument.

(c) The first Bursar of the Universityshall be appointed by theCommission and shall, when soappointed, exercise, perform anddischarge all such powers, dutiesand functions as are conferred orimposed on or assigned to himunder this Act or any appropriateInstrument.

For the purpose of this section, "transitionalperiod" means the period commencing onthe date on which a University Order ispublished under this Act, and ending on thedate on which such Order comes into force.

145. In connexion with thepreliminary arrangements for thefunctioning of a University deemed to beestablished under section 139 or for theestablishment of a Higher EducationalInstitution under sections 21, 22, 23 and 24,either generally or with reference to anyspecial matter, the Minister may on therecommendation of the Commission and byOrder published in the Gazette, issue allsuch directions as he may deem necessary

Specialprovisionsrelating to thepowers of theCommission.

with a view to providing for any special orunforeseen circumstances, or to determiningor adjusting any question or matter for thedetermination or adjustment of which noprovision or effective provision is made bythis Act.

146. Notwithstanding anything to thecontrary in section 139, the Commissionshall have during the period of two yearscommencing on the date of coming intooperation of this Part of this Act, the powerto do any or all of the following things:—

(a) to determine the structure andcomposition of each HigherEducational Institution;

(b) to determine the Faculty or Facultiesand the Departments of Studythereof to be assigned to each suchHigher Educational Institution, andto assign the same ;

(c) to determine the subjects ordisciplines of study to be providedor taught in each such HigherEducational Institution; and

(d) to transfer or re-allocate the staff,students, equipment, land, buildingsand other facilities of the oldUniversity among such HigherEducational Institutions.

PART XXI

INTERPRETATION

147. In this Act, unless the context interpretation.otherwise requires—

" administrative staff " means members ofthe staff of a Higher EducationalInstitution, who are not teachers,holding posts carrying an initialsalary of not less than ninethousand rupees per annum or suchother higher initial salary as theCommission may from time to timedetermine by Ordinance madeunder this Act;

" appropriate Instrument" means anyOrder, Ordinance, Statute, By-law,Regulation or Rule made inaccordance with the provisions ofthis Act;

Removal ofdifficulties.

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" By-law " means a By-law made by thegoverning authority of a HigherEducational Institution under thisAct;

"governing authority " in relation to—

(i) a University, means the Councilof that University;

(ii) an Open University, means theCouncil of that OpenUniversity, and

(iii) a University College, meansthe Board of Management ofthat University College;

" Higher Educational Institution " meansa University, Campus, OpenUniversity or University Collegeestablished or deemed to beestablished under this Act;

" non-academic staff" means all themembers of staff of a HigherEducational Institution who are notteachers;

" old University " means the University ofSri Lanka established under theUniversity of Ceylon Act, No. 1 of1972;*

" Order " means an Order made by theMinister under this Act;

" Ordinance " means an Ordinance madeby the Commission or by theAppeals Board under this Act;

" other employee" means any personholding a post other than that of ateacher or officer in a HigherEducational Institution;

" President" means the President of theDemocratic Socialist Republic ofSri Lanka•

" principal executive officer" in relationto—

(i) a University, means the Vice-Chancellor of that University;

(ii) an Open University, means theVice-Chancellor of that OpenUniversity; and

(iii) a University College, meansthe Director of that UniversityCollege;

" recognized institution" means anyinstitution recognized under section25;

" Regulation" means any Regulationmade by the Senate or theAcademic Syndicate, as the casemay be, of a Higher EducationalInstitution, under this Act;

" Rule " means any Rule made under thisAct by the Commission, theAppeals Board, or an Authority orother body of a Higher EducationalInstitution;

" Statute " means any Statute made by theCourt of a University under thisAct;

" teacher " means a Professor, AssociateProfessor, Senior Lecturer,Lecturer and Assistant Lecturer,and the holder of any post declaredby Ordinance to be a post, theholder of which is a teacher; and

" University" means a Universityestablished or deemed to beestablished under this Act.

* Repealed by Act No. 16 of 1978.

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cap.383] universities - commonlii

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