NORTH WESTERN PROVINCIAL COUNCIL

North Western Early Childhood Education Development Authority Statute (Amendment) No........ of 2003 of North Western Provincial Council

No. 1,314 - FRIDAY, NOVEMBER 07, 2003

IT is hereby notified that North Western Early Childhood Education Development Authority Statute (Amendment) No. ...... of 2003 appended below, will be presented to the North Western Provincial Council after a lapse.of Ten (10) days from its publication in this Government Gazette.

Any person interested in representing any matters pertaining to provisions in this Statute should submit them to me within the Ten (10) days period referred to above.

Athula Sarath Kumara Wuesinghe, Chief Minister, North Western Provincial Council and Provincial Minister of Finance Planning, Law and Peace, Local Government & Provincial Administration. Manpower, Education & Cultural Affairs, Environment, Housing & Construction, Industries, Rural Industries & Women's Affairs.

Chief Ministry, North Western Province, Kurunegala, 08th October, 2003.


NORTH WESTERN PROVINCE

Early Childhood Education Development Authority Statute, No.......2003

NORTH WESTERN PROVINCE CHILDREN'S EARLY CHILDHOOD EDUCATION DEVELOPMENT AUTHORITY STATUTE, MO.......OF 2003

A Statute to provide for the establishment of the North Western Province Children's of Early Childhood Education Development Authority for the development of children's education in the North Western Province through the management and supervision of early childhood education centers and other incidental matters thereto.

The North Western Provincial Council of the Democratic Socialist Republic of Sri Lanka hereby enacts as follows:-

Short Title.
1. This statute shall be known as North Western Province Children's Early Childhood Education Development Authority No...............of 2003.

PART I

North Western Province Children's Early Childhood Education Development Authority

Establishment of North Western Province Children's Early Childhood Education Development Authority.
2.
(1) North Western Province Children's Early Childhood Education Development Authority, referred to hereinafter as Authority, is hereby established.
(2) Authority, in the name given in sub-section (1) shall be an incorporations with continuous existence and having a general seal and the authority can institute legal action while legal action can be instituted against the Authority, under this name.

Objectives of the Authority.
3. (1) The objectives of the Authority shall be the development of early childhood education of children in the North Western Province through supervision and management of the early childhood in the Province.

Activities of the Authority.
4. Authority may conduct the following activities in order to achieve its objectives:-
(a) Providing necessary guidance and assistance to improve and promote children's early childhood education activities that the North Western Province ;
(b) Registration, supervision and regulating the activities of the early childhood;
(c) Stipulating conditions regarding levying of fees from students of the Early Childhood Education Centers ;
(d) Stipulating educational and professional qualifications for early childhood education instructors;
(e) Training of the instructors of Early Childhood Education Centers ;
(f) Establishment and maintenance of teacher training institutes for the training of early childhood education teachers and issuing certificates to those who undergo training in the proper manner;
(g) Conducting in-service sessions pertaining to modem techniques in children's pre-education ;
(h) Stipulating standards for administration and maintenance of early childhood education centers run by other organizations including Local Government Institutions;
(i) Creating community awareness of importance of developing of early childhood education centers of children;
(j) Taking any other relevant steps, apart from those specifically stated above, necessary to promote early childhood of children within the Province.

Powers of the Authority.
5. Authority should possess the powers reasonably necessary to achieve its activities and should possess the powers stated below specially :-
(a) Acquire or hold in any manner, lease or rent out, mortgage, pledge, sell or dispose in any other manner, any movable or immovable property ;
(b) Levying charges or fees for services provided by the Authority ;
(c) Obtaining funds, equipment and other assistance to perform the work of the Authority ;
(d) Stipulating work performance standards for the officers and employees of the Authority, evaluation of the work performance of officers and employees in accordance with such stipulated standards and take follow-up action accordingly.
(e) Frame rules and regulations pertaining to appointments, training, promotions, payment of emoluments, disciplinary control, conduct and grant of leave to officers and employees of the Authority.
(f) Enter into agreements that may be necessary to perform the activities of the Authority ;
(g) Frame rules pertaining to general administration of the Authority ;
(h) Perform all other activities necessary, incidental to or affecting the activities of the Authority.

Establishment of Board of Management and its composition.
6.
(1) Management of the activities of the Authority will be entrusted to a Board of Management (hereinafter referred to as Board) consisting of the following :
(a) Ex-officio members, viz.,
(i)Secretary to the Provincial Ministry of Education ;
(ii)Provincial Director of Education;
(iii)Provincial Commissioner of Local Government;
(iv)Provincial Director of Social Services;
(v)Provincial Commissioner of Probation and Childcare Services;
(vi)Provincial Director of Health Services.
(b) (i) Two persons outside the State Sector possessing knowledge and experience in children's early childhood education in the opinion of the Minister.
(c) (ii) One person from the State Sector possessing knowledge and experience in children's early childhood education, in the opinion of the Minister.
(2) Any person-
(a) who is a member of Parliament or a Member of a Provincial Council or if elected as a Member of Parliament or a Member of Provincial Council ;or
(b) who is directly or indirectly holding or enjoying any right or benefit under any agreement processed by or on behalf of the Authority ; or
(c) who is having any financial or any other relationship which can adversely affect his performance of duties as a Board Member,
shall be disqualified to be appointed or to continue to perform duties, as a Member of the Board.
(3) Every member appointed under Section 6, sub-section 1, para(b) shall hold office for a period of 03 years, unless he ceases to hold office due to resignation, death or removal from office.
(4) (a) Any member of the Board appointed under this Section 6, sub-section (1), para, (b) when ceases to hold office due to resignation, death or removal from office, the successor shall hold office for the balance period of his predecessor.
(5) When a member appointed under Section 6, sub-section (1), para, (b) is unable to perform his duties due to illness or any other disability or when away from the Island, the Minister may appoint another person to act for him considering the provisions of the aforesaid Section.

Powers of Minister to remove a Board Member.
7. Secretary to the Minister shall be the Chairman of the Board while the director of the Authority shall be the Secretary of the Board. A member appointed under Section 6, sub-section (1), para, (b) may be removed from office by the Minister for cause assigned.

Resignation of Board Members.
8. A member appointed under Section 6, sub-section (1), para, (b) may resign office at any time by, letter addressed to the Minister.

Eligibility for re-appointment as a Board Member.
9. A member appointed under Section 6, sub-section (1), para, (b) shall be eligible for reappointment, unless removed under Section 7.

Existence of any vacancy or any irregularity in appointing a member should not be considered as a reason for cancellation of any action or activities of the institution.
10. Existence of any vacancy in the Board or any irregularity in appointing any Board Member alone should not be considered as a reason to make any action or activity of the institution null and void.

Emoluments of Members.
11. All members or any member of the Board may be paid emoluments from the funds of the Authority as decided by the Minister with the concurrence of the Chief Minister.

Board Meetings.
12.
(1) Board Meetings should be held at least once a month.
(2) Secretary to the Board should inform each member in writing of Board meetings, at least 07 days ahead of the meeting, along with the agenda of such meeting.
(3) Notwithstanding the. provisions in sub-section (2) the Secretary should summon a Special Board Meeting, when two Board Members make a written request to this effect, within 7 days from such request.
(4) The quorum for any Board Meeting shall be 03 members.
(5) Chairman shall preside over the Board Meetings and when the Chairman is not present at any meeting, a member elected by majority of members present shall preside over such meeting.
(6) If the Chairman is temporarily unable to discharge the functions of his office, by reason of illness, absence from Sri Lanka or any other cause, the Minister may appoint another member of the Board to act in his place.
(7) In the event of an equality of votes, regarding any matter or any issue to be decided at a Board Meeting, the Chairman shall have and exercise a casting vote in addition to his vote.
(8) The Board should decide about its meetings and the procedure to be adopted regarding the conduct of such meetings under the provisions of this Section.

PART II

Appointment of Director, Other Officers And Employees of the Authority

Appointment of the director of the Authority.
13.
(1) Minister shall appoint a Director of Authority who shall be the Chief Executive Officer of the Authority (hereinafter referred to as the Director).
(2) Director appointed under sub-section (1) shall hold office for a period of five years from the date of appointment, unless relinquished earlier due to death, resignation or removal from office.
(3) Director shall exercise powers and perform functions that may be assigned to him by the Board.
(4) Director appointed under sub-section (1) may be removed from office by the Minister.
(5) Emoluments that may be decided by the Minister, with the concurrence of the Chief Minister, should be paid to the Director.
(6) The office of the Director falls vacant by reason of his death, his removal from office under sub-section (4) or his resignation vide letter addressed to the Minister.
(7) Any person holding the office of Director, shall be eligible for reappointment unless removed from office under sub-section (4).
(8) In the event of the office of Director falling vacant, Minister may appoint a member of the Board to perform Director's functions, until such time an appointment is made under sub-section (1).

Powers of the Board on appointment of Staff of the Authority.
14.
(1) Subject to other provisions in this Statute the Board shall have powers to-
(a) appoint to the Authority staff, other officials and employees that may be required to the Authority to perform its functions ;
(b) exercise the disciplinary control of the officers and employees and their dismissal from service ;
(c) determine wages, salaries and other emoluments of officers and employees ; and
(d) establish and maintain provident funds and schemes for the benefit of officers and employees and making contributions to such funds and schemes.
(2) Board shall make rules under the Statute in respect of all matters or any matter under sub-section (1).

Delegation of powers of appointment to the Director by the Board.
15.
(1) All or any powers of appointment vested in the Board in respect of appointment of other officers or employees to the Authority staff, may be delegated to the Director by the Board. Emoluments and service conditions of officers and employees appointed by the Director under the powers vested in him under this Section, shall be determined by the Director with the concurrence of the Board.
(2) A written appeal may be submitted to the Board against any decision made by the Director under this Section, and the Board decision regarding such appeal shall be final and conclusive.
(3) When an order of dismissal from service of any officer or any employee is made by the Director, it should not take effect unless the dismissal has been approved by the Board.

Provincial Public Service Officers can be appointed to the Authority staff.
16.
(1) Any officer attached to the Provincial Public Service may be temporarily appointed to the staff of the Authority, on the request of the Board with the concurrence of such officer and the Governor or any other person to whom he has delegated powers, for a period that may be determined by the Board or if not, may be appointed on permanent basis with such concurrence.
(2) When a Provincial Public Service officer has been appointed temporarily to the Board staff, the provisions in the National Transport Commission Act, No. 37 of 1991, Section 14, Sub-section (2) with necessary amendments, shall apply in respect of such officer.
(3) When a Provincial Public Service officer has been appointed permanently to the Board staff, the provisions in the National Transport Commission Act, No. 37 of 1991, Section 14, Sub-section (3) with necessary amendments, shall apply in respect of such officer.
(4) When any person who entered into an agreement with the Provincial Council agreeing to. serve the Provincial Council for a specific period, is employed by the Authority, any period of service of such officer under the Authority shall be considered as a service rendered to the Provincial Council, for the purposes of performing obligations under the agreement with the Provincial Council.

Previous service of staff recruited prior to the approval of the Statute to be added to the period of their service.
17. Previous service of every officer and employee attached to the institute for periods prior to the date of approval of the Statute and who are already in service, should be added to his period of service so that no injustice or disadvantage is caused to such officer or employee.

PART III

18.
(1) A Fund known as " North Western Province early Childhood Education Development Fund " shall be established by the Authority, and it should be maintained as a separate account of North Western Provincial Council.
(2) Provisions of the Provincial Councils Act, No. 42 of 1987, Part III shall be applicable to the said Fund.
(3) All monies approved by the Provincial Council from time to time for the use of the Authority and all monies obtained by the Authority to exercise powers and perform, functions and duties of the Authority, shall be credited to the Authority Fund.

Purposes for which the fund can be utilized.
19. Funds may be utilized for the purpose of achieving the objectives of the Authority or to exercise and perform powers, functions, and duties vested in the Authority under this Statute or any other written law.

Accounts of the Authority.
20. The Board shall arrange to maintain properly the accounts pertaining to income and expenditure year and all other transactions of each financial and should prepare an Annual Statement of Accounts showing accounts and statistics in the manner directed by the orders made by the Minister including the required information pertaining to the Authority.

Financial Year of the Authority.
21. The Financial Year of the Authority shall be from 1st January to 31st December.

Auditing of Authority Accounts.
22.
(1) Accounts of the Authority for the relevant financial year should be submitted to the Auditor General for auditing before the lapse of 03 months after the end of financial year. For the purpose of auditing the said accounts the Auditor General may obtain the services of qualified any auditor or auditors who act under his guidance to assist him in auditing.
(2) Fees payable for auditing the accounts of the Authority, if any, should be met with Authority funds.
(3) Fees payable for auditing of. accounts by the Auditor General, if any, should be met with Authority funds.
(4) In this section "qualified auditor" means-
(a) A member of the Sri Lanka Chartered Accountants Institute holding a certificate issued by the said Institute to engage in profession as an accountant; or
(b) Any Chartered Accountants' Association with its each partner, is a member of such Institute and holds a certificate issued by such Institute to practice as an Accountant.

23. Auditor General, after examining the accounts of the Authority, should submit a report containing the following facts:-
(a) whether all required information and clarifications were received or not ?
(b) whether an accurate and reasonable impression of the activities of the Authority has been formed ?
(c) matters of importance to Provincial Council pertaining to accounts and important facts revealed pertaining to activities of the Authority.

Auditor General's Report and Annual Report of activities of the Authority to be submitted to the Minister.
24. When the Auditor General's Report and the audited accounts are received, they should be submitted to the Minister along with a report on activities carried out by the Authority during the financial year and the Minister should arrange to submit them to the Provincial Council within twelve months after the end of the financial year.

PART IV

General Provisions

Authority officers and members treated as employees.
25. All members of the Board, officers of the Authority and employees, shall be considered as State employees for the purposes of Penal Code interpretations.

Authority should be considered as a scheduled foundation for the purposes of Bribery Act interpretations.
26. Authority shall be considered as a scheduled Authority for the purposes of the interpretation of the Bribery Act, and the provisions of the said Act should be apprehended accordingly.

Orders.
27.
(i) Minister shall make orders to give effect to the provisions of the Statute.
(ii) Every order made by the Minister should be published in the Gazette, and such orders shall be effective from the date of such publication or from the effective date specifically mentioned in such order.
(iii) Every order made by the Minister should be submitted to the Provincial Council for approval as early as possible after publication in the Gazette. Any order not approved in the same manner should be considered as cancelled effective from the seventh day from the approval and such cancellation shall not affect any action taken such order. Effective date of any course of action taken under any order made by the minister shall be published in the Gazette.

Transitional Provisions.
28. Early Childhood Education Instructors not possessing minimum qualifications may be suspended from services effective from a date determined by the Board, after specifying the minimum qualifications for Early Childhood Education Instructors.

Rules.
29.
(i) Authority may make any rules relating to matters specified or empowered by this Statute ;
(ii) Rules made by the Authority shall be not effective until
(iii) Approved by the Minister.

Offences and punishments.
30. Every person guilty of an offence under this Statute when summarily convicted by a Magistrate, is liable to imprisonment for a period not exceeding 06 months or a penalty not exceeding Rs. 500 or imprisonment and penalty both.

Interpretation.
31. Unless otherwise stated in this Statute-
"Minister" means the Minister in-Charge of the subject of Education in the North Western Provincial Council;
"Governor" means the North Western Province Governor;
"Provincial Council" means the North Western Provincial Council; and
"Provincial Public Service" means, Provincial Public Service of North Western Province, referred to in Provincial Councils Act, No. 42 of 1987, Section 32.
"Early Childhood Education Centers" means Pre-Schools or other institutions dealing with the same activity.

Sinhala text to prevail in case of inconsistency.
32. In the event of any inconsistency.
SCHEDULES