ACT, No. 26 OF 2007

26of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
NATIONAL INSTITUTE OF LANGUAGE
EDUCATION AND TRAINING
ACT, No. 26 OF 2007
[Certified on 13th July, 2007]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 13, 2007
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 14.00 Postage : Rs. 7.50

National Institute of Language Education and 1
Training Act, No. 26 of 2007
[Certified on 13th July 2007]
L.D.—O. 20/2006.
ANACT TO PROVIDE FORTHE ESTABLISHMENT OF THENATIONALINSTITUTE
OF LANGUAGE EDUCATION AND TRAINING ; AND FOR MATTERS
CONNECTED THEREWITH OR INCIDENTALTHERETO
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :—
1. This Act may be cited as the National Institute of Short title.
Language Education and Training Act, No. 26 of 2007.
PART I
NATIONAL INSTITUTE OF LANGUAGE EDUCATIONANDTRAINING
2. There shall be established an Institute to be called the Establishment of
National Institute of Language Education and Training National Institute
of Language
(hereinafter referred to as “the Institute”). The Institute shall
Education and
by the name assigned to it by this section, be a body corporate Training.
with perpetual succession and a common seal and may sue
and be sued in such name.
3. (1) The administration and management of the affairs Board of
of the Institute shall be vested in a Board of Management Management.
(hereinafter referred to as “the Board”) consisting of such
members as hereinafter provided.
(2) The Board shall consist of—
(a) the following ex-officio members appointed by
the Minister :—
(i) the person for the time being holding the
office of Secretary to the Ministry of the
Minister in charge of the subject of
Education ;
2 National Institute of Language Education and
Training Act, No. 26 of 2007
(ii) the person for the time being holding the
office of Secretary to the Ministry of the
Minister in charge of the subject of Public
Administration ;
(iii) the person for the time being holding the
office of Secretary to the Ministry of the
Minister in charge of the subject of
Finance ; and
(iv) the person for the time being holding the
office of Secretary to the Ministry of the
Minister in charge of the subject of
Constitutional Affairs and National
Integration ; and
(b) five other members appointed by the Minister
from among persons who have had experience
and have shown capacity in the fields of
languages, literature and education and
management.
(3) The Minister shall appoint a Chairman of the Board
from among the members of the Board.
(4) The provisions of the Schedule to this Act shall apply
in relation to the appointment and terms of office of members
of the Board, the remuneration payable to such members, the
meetings of the Board and the Seal of the Institute.
Objects of the 4. The objects for which the Institute is established shall
Institute. be to serve as an Institute that shall generate—
(a) competent teachers to teach Sinhala, Tamil and
English to those who are desirous of acquiring such
knowledge ;
(b) competent translators and interpreters in the Sinhala,
Tamil, and English languages who shall constitute
the National Translators Service and the National
Interpreters Service to be established by written law;
National Institute of Language Education and 3
Training Act, No. 26 of 2007
(c) qualified trainers to train language teachers,
translators and interpreters in the Sinhala, Tamil and
English Languages ;
(d) trained persons with trilingual capabilities for the
efficient provision of services to the public.
5. The functions of the Institute shall be— The functions of
the Institute.
(a) to provide extensive training in the Sinhala, Tamil
and English languages so as to make available
persons competent to teach Sinhala, Tamil and
English to persons who are desirous of acquiring
such knowledge ;
(b) to conduct research and studies on issues relating to
language training, with a view to utilizing the results
of such research and studies for the effective
functioning of the Institute ;
(c) to provide training and education to suitable persons
in languages and to award certificates and diplomas
to successful candidates on completion of such
training and education ;
(d) to build up a body of trained personnel equipped to
undertake the teaching of languages ;
(e) to establish a repository of information on matters
relating to languages ;
(f) to conduct specified language courses in Sinhala,
Tamil and English languages for special categories
of person such as interpreters, translators and
stenographers ; and
4 National Institute of Language Education and
Training Act, No. 26 of 2007
(g) to undertake, assist, and promote linguistic research
activities in Sinhala, Tamil and English languages
and foreign languages and where it appears to be
necessary make recommendation to the relevant
authorities on the improvements and changes to be
made to the Sinhala, Tamil and English languages.
Powers of the 6. For the purpose of effectively discharging its
Institute. functions, the Institute shall have the power-—
(a) to accept and receive grants, donations, gifts,
bequests both movable and immovable, from
domestic and foreign sources, and to apply them to
the promotion of its aims and objects ;
(b) to acquire and hold property, movable or immovable,
which may vest in it by virtue of any purchase, grant,
gift, testamentary disposition or otherwise and
subject to the rules of the Institute, to sell, assign,
exchange or otherwise dispose of the same ;
(c) to enter into agreements for co-operation with
educational and other institutions, whether in Sri
Lanka or abroad, having objects wholly or partly
similar to those of the Institute, for the exchange of
personnel, advisory services, research, the training
of personnel or generally, for such purposes as may
be conducive to the objects of the Institute ;
(d) to open and maintain current, savings or deposit
accounts in any bank or banks ;
(e) to enter into all such contracts as may be necessary
for the discharge of its functions ;
(f) to invest its funds in such securities as may be
approved by the Board ;
National Institute of Language Education and 5
Training Act, No. 26 of 2007
(g) to collect, print and publish reports, periodicals and
papers on subjects falling within the purview of the
Institute ;
(h) to conduct lectures, seminars and workshops on
subjects relevant to the discharge of the functions
of the Institute ;
(i) to make rules in respect of the management of the
affairs of the Institute ;
(j) to raise or borrow money for the purpose of the
Institute on any security or otherwise and to secure
or discharge any debt or obligation of the Institute
in such manner as the Board deems fit;
(k) to establish a library of relevant publications and
research reports of all areas coming within the
purview of the Institute ;
(l) to call for applications and select persons eligible
to undergo training at the Institute ;
(m) to maintain association with institutions having
similar objects in other countries and to develop
working relationships ; and
(n) to do such other acts and things as may be necessary
to promote the objects of the Institute.
7. There shall be an Academic Board of the Institute Academic Board.
(hereinafter referred to as the “Academic Board”) which shall
consist of the following persons :—
(i) the Chairman of the Institute ;
(ii) the Director-General of the Institute ;
(iii) the Commissioner of the Department of Official
Languages ;
6 National Institute of Language Education and
Training Act, No. 26 of 2007
(iv) six Department Heads appointed by the Board in
consultation with the University Grants Commission,
from among the Department Heads of the Sinhala,
Tamil and English Departments and the Linguistic
Departments of all Universities established under
the Universities Act, No. 16 of 1978.
Powers of the 8. (1) The Academic Board shall be responsible to the
Academic Board. Institute and shall have the power to —
(a) advise the Institute subject to the provisions of this
Act, on such matters as may relate to the academic
activities of the Institute ;
(b) conduct examinations in accordance with the
rules of the Institute and recommend to the Board,
persons who having passed such examinations and
satisfied such other conditions as the Institute may
prescribe, are eligible for the award of diplomas,
certificates and other academic distinctions of the
Institute ;
(c) consider the report on any matter referred to it by
the Board ;
(d) make and forward recommendations and reports to
the Board on all matters connected with the courses
for study, training programmes and examinations
conducted by the Institute ;
(e) recommend to the Board requirements that shall be
imposed for admission of students to courses of study
or training programmes and examinations
conducted by the Institute ;
(f) make rules relating to courses of study, training
programmes and examinations conducted by the
Institute and submit such rules to the Board ;
National Institute of Language Education and 7
Training Act, No. 26 of 2007
(g) recommend to the Board, names of persons suitable
for appointment as examiners at examinations
conducted by the Institute ;
(h) recommend to the Board rules, schemes of
recruitment and procedures relating to the
appointment, dismissal and disciplinary control of
the academic staff of the Institute, their wages,
remuneration, allowances and fees and their hours
of work, holidays and leave ;
(i) recommend to the Board, conditions that shall be
applicable to the awarding of scholarships,
exhibitions, bursaries, medals and prizes awarded
by the Institute ;
(j) recommend to the Board, persons who have satisfied
the conditions approved by the Board for the
scholarships, exhibitions, bursaries, medals and
prizes ;
(k) appoint, with the approval of the Board, committees
comprising the representatives of the Academic
Board ; and
(l) make rules relating to the meetings of the Academic
Board and for the regulation of the procedure to be
followed at such meetings.
(2) The Board or any officer to whom powers in respect of
any academic matter referred to in subsection (1) has been
delegated shall not take any decision on that matter without
the prior recommendation of the Academic Board being
obtained. Where the decision of the Board or such officer is
contrary to the recommendation of the Academic Board, the
Board or such officer shall adduce reasons for not adhering
to the recommendation of the Academic Board.
8 National Institute of Language Education and
Training Act, No. 26 of 2007
(3) No act, recommendation or report of the Academic
Board shall be invalidated by reason only of the existence of
a vacancy among its member or any defect in the appointment
of any member thereof.
PART II
STAFFOF THE INSTITUTE
Director-General 9. (1) The Minister shall, in consultation with the Board,
of the Institute. appoint a Director-General of the Institute from among persons
who have gained eminence in the field of Management.
(2) Director-General shall be the chief executive officer
of the Institute.
(3) The Director-General shall, subject to the directions
of the Board:—
(a) establish a network with local and international
stakeholders;
(b) be responsible for the administration of the affairs
of the Institute;
(c) be responsible for the appointment and disciplinary
control of the staff of the Institute;
(d) be the Secretary to the Board;
(e) be responsible for the implementation of the
decisions of the Board; and
(f) discharge such other functions as may be assigned
by the Board.
(4) The Director-General shall be entitled to be present
and express his views at any meetings of the Board, but shall
not be entitled to vote at such meetings.
Appointment & c. 10. The Institute shall, subject to the provisions of this
of the staff Act, have the power to —
of the
Institute.
(a) appoint such staff as it considers necessary for the
discharge of its functions, and exercise disciplinary
control over such staff;
National Institute of Language Education and 9
Training Act, No. 26 of 2007
(b) fix the rates at which member of the staff shall be
remunerated; and
(c) determine the terms and conditions of service of the
staff of the Institute.
11. (1) At the request of the Board any officer in the Appointment of
public service may, with the consent of that officer and of the public officers to
the staff of the
Secretary to the relevant Ministry or Ministries, be Institute.
temporarily appointed to the staff of the Institute for such
period as may be determined by the Board, or with like
consent be permanently appointed to such staff.
(2) Where any officer in the public service is temporarily
appointed to the staff of the Institute, the provisions of
subsection (2) section 14 of the National Trasport Commission
Act, No. 37 of 1991 shall mutatis mutandis, apply to, and in
relation to him.
(3) Where any officer in the public service is permanently
appointed to the staff of the Institute, the provisions of
subsection (3) of section 14 of the National Transport
Commission Act, No. 37 of 1991 shall, mutatis mutandis,
apply to, and in relation to, him.
(4) Where the Institute employs any person who has
entered into a contract with the Government to serve the
Government for a specified period, any period of service to
the Institute by such person shall be regarded as service to
the Government, for the purpose of discharging the
obligations of such contract.
(5) At the request of the Board any officer or servant of
any Higher Educational Institution may with the consent of
such officer or servant and the principal executive officer of
that Higher Educational Institution, be temporarily appointed
to the staff of the Institute for such period as may be
10 National Institute of Language Education and
Training Act, No. 26 of 2007
determined by the Board or with like consent be permanently
appointed to such staff, on such conditions, including those
relating to pension and provident fund rights, as may be
agreed upon by the Board and such principal executive
officer.
(6) Where any officer or servant of any Higher Educational
Institution is temporarily appointed to the staff of the
Institute, he shall be subject to the same disciplinary control
as any other member of such staff.
(7) In this section, the expressions “Higher Education
Institution” and “principal executive officer” shall have the
respective meanings assigned to them by the Universities
Act, No. 16 of 1978.
PART III
FINANCE
Fund of the 12. (1) The Institute shall have its own Fund.
Institute.
(2) There shall be paid into the Fund of the Institute—
(a) all such sums of money as may be voted from time
to time, by Parliament for the use of the Institute;
(b) all such sums of money as may be received by the
Institute in the exercise, and discharge of its powers
and functions;
(c) all such sums of money as may be received by the
Institute by way of donations, gifts and grants from
any source in Sri Lanka or abroad; and
(d) all such sums of money as may be received as the
income derived from the investment of its funds.
National Institute of Language Education and 11
Training Act, No. 26 of 2007
(3) There shall be paid out of the Fund of the Institute all
such sums of money as may be required to defray any
expenditure incurred by the Institute in the exercise and
discharge of its powers and functions under this Act, and any
other expenditure which is authorized or required to be paid
out of the Fund of the Institute by any provision of this Act.
13. (1) The financial year of the Institute shall be the Financial year and
the audit of the
calendar year.
accounts of the
Institute.
(2) The Board shall cause proper books of accounts to be
kept of the income and expenditure, assets and liabilities
and all other transactions of the Institute.
(3) The provisions of Article 154 of the Constitution
relating to the audit of the accounts of public corporations
shall apply to the audit of the accounts of the Institute.
PART IV
GENERAL
14. (1) The Board may delegate to the Chairman of the Delegation of
powers of the
Board any of its power, duties or functions other than its
Board to the
powers under this subsection. Chairman of the
Board.
(2) The Chairman of the Board to whom any power, duty
or function has been delegated under subsection (1) shall
exercise, perform and discharge such power, duty or function
subject to the directions of the Board.
15. (1) There shall be an Advisory Council (hereinafter Advisory Council.
referred to as the “Council”) which shall advise the Institute
on the effectiveness of the measures taken for the
promotion of the Institute and provide a forum to discuss
issues relating to the Institute and the development of the
Institute.
12 National Institute of Language Education and
Training Act, No. 26 of 2007
(2) The Council shall consist of five persons appointed
by the Minister in charge of the subject of National Integration
from among persons who are engaged in the field of languages,
literature and education and have achieved eminence in such
fields.
Power of the 16. The Board may appoint such number of standing
Board to appoint
committees or ad hoc committees as it may deem necessary
standing
committees or ad for the exercise, performance and discharge of the powers,
hoc committees. functions and duties of the Institute.
Directions to the 17. The Minister in charge of the subject of National
Board. Integration may, in consultation with the Board, from time to
time, issue such general or special directions in writing to the
Board as to the exercise and discharge by the Board of its
powers and functions in so far as they relate to matters of
policy and it shall be the duty of the Board to give effect to
all such directions.
Members, officers 18. All members of the Board and officers and servants
and servants of of the Institute shall be deemed to be public officers within
the Board deemed
to be public the meaning, and for the purposes, of the Penal Code.
officers.
Institute deemed 19. The Institute shall be deemed to be a Scheduled
to be a Scheduled
Institution within the meaning of the Bribery Act and the
Institution within
the meaning of provisions of that Act shall be construed accordingly.
the Bribery Act.
Declaration of 20. (1) Every member of the Board and all officers and
secretary.
servants of the Institute shall, before entering upon his duties
sign a declaration pledging himself to observe secrecy
respecting all matters connected with the working of the
Institute, and shall by such declaration pledge himself not to
reveal any matter which may come to his knowledge in the
discharge of his functions, except—
(a) when required to do so by a court of law; and
National Institute of Language Education and 13
Training Act, No. 26 of 2007
(b) in order to comply with any provisions of this Act.
(2) A member of the Board or officer or servant of the
Institute who discloses any information obtained by him in
connection with the discharge of his functions under this
Act, to any person for any purpose other than for a purpose
authorized by subsection (1), shall be guilty of an offence
under this Act and shall on conviction after summary trial by
a Magistrate be liable to a fine not exceeding ten thousand
rupees.
21. (1) The Minister may make regulations in respect Regulations.
of all matters which are required by this Act to be prescribed
or in respect of which regulations are required or authorized
to be made under this Act.
(2) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of publication or on such later date, as may be
specified in the regulation.
(3) Every regulation made by the Minister shall, as soon
as convenient after its publication in the Gazette, be brought
before Parliament for approval.
(4) any regulation which is not so approved shall be
deemed to be rescinded as from the date of disapproval but
without prejudice to anything previously done thereunder.
(5) The notification of the date on which any regulation
is deemed to be so rescinded shall be published in the Gazette.
22. (1) Where any immovable property of the State is State property
required for any purpose of the Institute, such purpose shall both movable and
immovable be
be deemed to be a purpose for which a special grant or lease
made available to
of such property may be made under section 6 of the State the Institute.
Lands Ordinance, and accordingly, the provisions of that
Ordinance shall apply to a special grant or lease of such
property to the Institute.
14 National Institute of Language Education and
Training Act, No. 26 of 2007
(2) Where any movable property of the State is required
for the purpose of the Institute, the Minister who has authority
and control over such property may, by Order published in
the Gazette, transfer to and vest in the Institute the possession
and use of such movable property.
Annual report. 23. The Board shall at the end of each financial year
publish a Report of the activities of the Institute during the
year and it shall be submitted to the Minister for approval.
On being approved by the Minister such Report shall be laid
before Parliament.
Sinhala text to 24. In the event of any inconsistency between the
prevail in case of Sinhala and Tamil texts of this Act, the Sinhala text shall
any inconsistency.
prevail.
Interpretation. 25. In this Act, unless the context otherwise requires—
“local authority” means any Municipal Council,
Urban Council or Pradeshiya Sabha and
includes any Authority created and established
by or under any written law to exercise, perform
and discharge powers, duties and functions
corresponding to, or similar to, the powers,
duties and functions exercised performed and
discharged by any such Council or Sabha;
“Provincial Council” means a Provincial Council
established by Chapter XVIIA of the
Constitution ; and
“University Grants Commission” means the
University Grants Commission established
under the Universities Act, No. 16 of 1978.
National Institute of Language Education and 15
Training Act, No. 26 of 2007
SCHEDULE (Section 3)
PROVISIONS RELATING TO THEMEMBERSOFTHEBOARD
1. A person shall be disqualified from being appointed or continuing
as a member of the Board—
(a) if he is, or becomes, a member of Parliament, any Provincial
Council or any local authority;
(b) if he is not, or ceases to be a citizen of Sri Lanka;
(c) if he is under any law in force in Sri Lanka or in any other
country, found or declared to be of unsound mind;
(d) if he is serving or has served, a sentence of imprisonment
imposed by any court in Sri Lanka or any other country; or
(e) if he had been dealt with under the provisions of section 303
or section 306 of the Code of Criminal Procedure Act, No.
15 of 1979.
2. Every member of the Board shall, unless he vacates office earlier
by death, resignation or removal, hold office for a term of three years
from the date of his appointment and shall unless he has been removed
from office, be eligible for re-appointment:
Provided, that a member appointed in place of a member who had
vacated office by death, resignation or removal, shall hold office for
the unexpired part of the term of office of the member whom he
succeeds.
3. The Minister may, by Order published in the Gazette, and for
reasons assigned, remove any member of the Board from office. A
member in respect of whom an Order is made under this paragraph
shall be deemed to have vacated office on the date of publication of
such Order in the Gazette.
4. A member of the Board may at any time resign from office by
letter to that effect addressed to the Minister and such resignation shall
take effect upon it being accepted by the Minister in writing.
5. In the event of the vacation of office by death, resignation or
removal by any member of the Board, the Minister may, having regard
to the provisions of subsection (2) of section 3 appoint any other
person in place of such member. Any person so appointed in place of
such member, shall hold office during the unexpired part of the term of
office of the member whom he succeeds.
16 National Institute of Language Education and
Training Act, No. 26 of 2007
6. Where a member of the Board by reason of illness, infirmity or
absence from Sri Lanka for a period not less than three months, is
temporarily unable to perform his duties it shall be the duty of such
member to inform the Minister in writing of such inability. Thereupon,
the Minister may having regard to the provisions of subsection (2) of
section 3 appoint some other person to act in his place during such
period.
7. The members of the Board may be paid such remuneration out
of the Fund of the Institute as the Minister may, with the concurrence of
the Minister in charge of the subject of Finance, determine.
8. (1) The Chairman of the Board shall, if present, preside at every
meeting of the Board. In the absence of the Chairman from any such
meeting, the members present shall elect one of the members present,
to preside at such meeting.
(2) The quorum for any meeting of the Board shall be three
members.
(3) The person presiding at any meeting of the Board shall, in
addition to his own vote, have a casting vote.
(4) Subject to the provisions of this paragraph, the Board may
regulate the procedure in regard to the meetings of the Board and the
transaction of business at such meetings.
9. No act, decision or proceeding of the Board shall be deemed to
be invalid by reason only of the existence of any vacancy in the Board
or any defect in the appointment of any member thereof.
10. (1) The Seal of the Institute may be determined and devised by
the Board and may be altered in such manner as may be determined by
the Board.
(2) The Seal of the Institute shall be in the custody of such person
as the Board may decide, from time to time.
(3) The Seal of the Institute shall not be affixed to any instrument
or document except with the sanction of the Board and in the presence
of the Direction-General of the Institute and one member of the Board
who shall sign the instrument or document in token of their presence.
(4) The Board shall maintain a register of the instruments and
documents to which the Seal of the Institute has been affixed.
11. (1) If the Chairman is, by reason of illness or absence from
Sri Lanka temporarily unable to perform the duties of his office, the
Minister may appoint another member of the Board to act in his place.
National Institute of Language Education and 17
Training Act, No. 26 of 2007
(2) The Minister may, for reasons assigned and by Order published
in the Gazette, remove the Chairman from the office of Chairman.
(3) The Chairman may at any time resign from the office of
Chairman by a letter addressed to the Minister. Such resignation shall
take effect upon it being accepted by the Minister in writing.
(4) Subject to the provisions of paragraphs (2) and (3), the term of
office of the Chairman shall be his period of membership of the Board.

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