ACT, No. 31 OF 2014

31of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
OCEAN UNIVERSITY OF SRI LANKA
ACT, No. 31 OF 2014
[Certified on 07th September, 2014]
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 September 12, 2014
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 60.00 Postage : Rs. 45.00

Ocean University of Sri Lanka 1
Act, No. 31 of 2014
[Certified on 07th September, 2014]
L.D.—O. 31/2011.
AN ACT TO PROVIDE FOR THE ESTABLISHMENT, MAINTENANCE AND
ADMINISTRATION OF THE OCEAN UNIVERSITY OF SRI LANKA; TO
PROVIDE THE NECESSARY LEGAL INFRASTRUCTURE FACILITATING
COURSES LEADING TO HIGHER EDUCATION AT THEOCEAN UNIVERSITY
OF SRI LANKA; TO REPEAL THE NATIONAL INSTITUTE OF FISHERIES
AND NAUTICAL ENGINEERING ACT, NO. 36 OF 1999; AND FOR
MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
WHEREAS there is a requirement to cater to the manpower Preamble.
needs in the fisheries, marine and maritime sectors of
Sri Lanka:
AND WHEREAS it is necessary to establish a higher
education institution for the purpose of enhancing the
scientific, technical and managerial skills of persons
engaged in the fields of fisheries, ocean sciences, maritime
technologies and allied fields:
AND WHEREAS it has become necessary to ensure that the
higher educational qualification obtained by the persons
who pursue studies in the above fields will be a qualification
which has recognition within as well as outside Sri Lanka:
AND WHEREAS it has become a matter of national
importance to establish a University to impart knowledge in
the above fields in order that the knowledge acquired by the
persons engaged in those fields be utilized for the
development of the country.
BE it therefore enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Ocean University of Sri Short title and
Lanka Act, No. 31of 2014 and shall come into operation on date of operation.
such date as the Minister may appoint by Order published in
the Gazette (hereinafter in this Act referred to as the
“appointed date”).
2—PL 008390—2,050 (08/2014)
2 Ocean University of Sri Lanka
Act, No. 31 of 2014
PART I
ESTABLISHMENT OF THE OCEAN UNIVERSITY OF SRI LANKA.
Establishment of 2. (1) Notwithstanding anything to the contrary in the
the Ocean Universities Act, No. 16 of 1978, there shall be established a
University of Sri
Lanka. University called the Ocean University of Sri Lanka
( hereinafter in this Act referred to as “ the University”).
(2) The University shall be a body corporate with
perpetual succession and, by the name assigned to it by
subsection (1), may sue and be sued.
Seal of the 3. (1) The University shall have the full power and
University.
authority to have and use a common seal which shall be in
the custody of the Registrar of the University and may be
altered in such manner as may be determined by the Board
of Governors of the University.
(2) The seal shall not be affixed to any instrument or
document except in the presence of the Registrar or any
other officer as may be nominated by the Vice Chancellor in
that behalf who shall sign such instrument or document in
token of his presence.
PART II
OBJECTIVES AND POWERS OF THE UNIVERSITY.
Objectives of the 4. The objectives of the University shall be to—
University.
(a) provide for University education in the fields of
fisheries, ocean sciences, maritime technology and
allied fields;
(b) offer vocational and technical courses of study
relating to fisheries and allied fields in order to
cater to the manpower needs in any areas;
Ocean University of Sri Lanka 3
Act, No. 31 of 2014
(c) disseminate knowledge relating to fisheries, marine
and maritime sectors among persons who are
engaged in fisheries and allied fields;
(d) provide for extension courses for continuous
professional development in the fields of fisheries,
ocean sciences, maritime technology and allied
fields;
(e) provide vocational and technical courses for
personnel in the fields of fisheries and allied fields
for admission to the University;
(f) provide for the progressive development of students
in the fields of engineering, scientific, technical and
vocational education and training systems, based
on their aptitude and ability to acquire a University
education in the fields of fisheries, ocean sciences,
maritime technology and allied fields; and
(g) provide courses of study for those who possess
National Vocational Qualifications and assist them
to upgrade their competency and acquire academic
qualifications in the fields of fisheries, ocean
sciences, maritime technology and allied fields.
5. (1) The University shall subject to the provisions of powers of the
this Act, have the power to— University.
(a) acquire by way of purchase or otherwise both
movable and immovable property and to take,
accept and hold any such property which may
become vested in it by virtue of such purchase or
otherwise:
Provided that, any immovable property of the
University shall not be disposed of without the prior
written approval of the Minister to whom the subject
of Skills Development is assigned.
4 Ocean University of Sri Lanka
Act, No. 31 of 2014
(b) exercise, perform and discharge such powers,
functions and duties as are conferred or imposed on
or assigned to the University by this Act;
(c) admit students in keeping with the admission criteria
for different categories of candidates along with an
aptitude test as recommended by the Admission,
Accreditation and Quality Assurance Council under
section 23, and provide instructions for courses of
study designed in keeping with the objectives of
the University;
(d) recognize examinations and duration of study
programmes of any University established or
deemed to be established under the Universities
Act, No. 16 of 1978 and any higher educational
institution, technical and vocational or professional
institution, for the purpose of admitting students to
the University;
(e) conduct programmes of studies and training
programmes relating to fisheries and Ocean
sciences, maritime technology and allied fields;
(f) hold examinations in the programmes specified in
paragraph (e) and assess the performance of such
students;
(g) grant and confer degrees and other academic
distinctions in conformity with any Statute enacted
for such purpose;
(h) establish institutions for vocational training in
related fields including the National institute of
Fisheries and Maritime Training. The Institute of
Fisheries and Maritime Training shall be established
prior to the appointed date;
(i) establish centers and campuses of the University
on a provincial and Regional basis;
Ocean University of Sri Lanka 5
Act, No. 31 of 2014
(j) charge fees or any other payments for the courses of
study and training programmes conducted by the
University;
(k) charge fees for any extension services provided to
the public or any institution, as the case may be,
and disburse the income so generated for the
attainment of the objects of the University in such
manner as shall be prescribed by Ordinance;
(l) undertake advisory, consultancy and any income
generating functions and disburse the proceeds
thereof for the development of any scheme approved
by the Board of Governors of the University;
(m) establish any committee or sub-committee
including an Audit and Management Committee
as may be necessary to carry out the functions of
the University;
(n) invest any fund not immediately required for the
purposes of the University in such manner as the
Board of Governors of the University may consider
appropriate;
(o) co-operate by way of exchange of teachers, students
and scholars with other institutions in or outside
Sri Lanka having objects or interests similar to those
of the University;
(p) make arrangements for the conduct of examinations
for persons in the affiliated institutions and also to
enable the persons who do not receive instructions
at the University to obtain degrees, diplomas and
certificates from the University and to determine
the courses of instruction for such examinations;
(q) provide facilities for higher education to persons
employed by the University;
6 Ocean University of Sri Lanka
Act, No. 31 of 2014
(r) make opportunities available to the staff and
students of the University for research and thereby
for the advancement and dissemination of
knowledge;
(s) confer honorary degrees or other distinctions on
persons approved by the Academic Council and
the Board of Governors of the University, in
conformity with any Statute made for the purpose;
(t) award fellowships, scholarships, bursaries, medals
and other prizes in conformity with any Statutes
made for the purpose;
(u) introduce Senior Professorships, Professorships,
Associate Professorships, Senior Lectureships,
Lectureships, Assistant Lectureships and other non-
academic positions, as may be required for the
purposes of this Act;
(v) establish and maintain libraries, laboratories and
other buildings for instructional purposes as may
be necessary for the purposes of this Act;
(w) appoint, employ, remunerate and exercise
disciplinary control and power of dismissal over
such officers and servants as may be necessary for
the purpose of achievement of the objects under
this Act;
(x) establish and regulate provident fund schemes or
pension schemes for the benefit of the officers and
servants of the University and make contributions
to any such scheme;
(y) open, operate and close bank accounts in any bank
or banks approved by the Central Bank of Sri Lanka;
and
Ocean University of Sri Lanka 7
Act, No. 31 of 2014
(z) do all such other acts or things as may be necessary
for the attainment of the objects of this Act.
(2) The powers enumerated above shall unless otherwise
expressly provided for by this Act be exercised by the Board
of Governors of the University.
PART III
POWERS OF THE MINISTER
6. (1) The Minister shall be responsible for the Responsibility
administration and implementation of the provisions of this and powers
of the
Act.
Minister.
(2) The Minister, in fulfilling his responsibilities under
subsection (1), shall in consultation with the Vice Chancellor
of the University, issue to the Board of Governors of the
University, form time to time, written directions as he may
consider necessary for the smooth functioning of the
University.
(3) It shall be the duty of the Board of Governors of the
University to comply with all such directions as may be
issued by the Minister under this section.
(4) The Minister may, from time to time, for the purpose
of effectually fulfilling his responsibilities relating to the
administration and implementation of the provisions of this
Act, order that all or any of the activities pertaining to the
administration of the University be investigated and reported
to him by the Board of Governors of the University.
(5) Upon receipt of a report from the Board of Governors
of the University in compliance with an order under
subsection (4), the Minister upon consideration of the report
shall direct the Board of Governors of the University to take
such remedial action as he may consider appropriate in
relation to the activity pertaining to the administration of
8 Ocean University of Sri Lanka
Act, No. 31 of 2014
the University of which an investigation has been carried
out under subsection (4).
Where situation 7. Where the Minister is of the view that any situation
prevails is likely prevailing in the University is likely to endanger the national
to endanger the
security or is detrimental or prejudicial to national policy or
national security
&c. is likely to disrupt the smooth functioning of the University,
he shall direct the Board of Governors of the University to
take all such steps as may be necessary to bring such situation
under control.
Measures to be 8. (1) Where the Minister, in consultation with the Vice
taken by the Chancellor of the University is of the view that due to any
Minister in the
strike, lockout or any such circumstances, the work or the
event of a lockout
&c. administration of the University has been seriously disrupted
and the relevant authorities of the University have failed to
restore normal conditions, he shall take all such measures as
may be necessary to ensure the restoration of normal
conditions of the University. The Minster may, at any time
prior to normal condition is restored, by Order published in
the Gazette make such provisions as he may deem
appropriate in respect of all or any of the following
matters:—
(a) the closure of the University;
(b) the appointment of any person by name or by office
to be a competent authority for the purpose of
exercising, performing or discharging any power,
function or duty under this Act, in lieu of the officer,
authority or other body of the University;
(c) any other matter connected with or relating to any
of the matters specified in paragraph (a) or (b).
(2) An Order made by the Minister under subsection (1)
shall come into force on such date as may be specified therein,
and shall within one month from the date of publication of
the Gazette be tabled in Parliament. The Order shall unless
Ocean University of Sri Lanka 9
Act, No. 31 of 2014
earlier rescinded remain in force for a period not exceeding
three months therefrom.
9. (1) The University shall before the expiry of a period Annual Report of
of six months after the closure of each financial year, submit the University.
to the Minister a report containing a full account of its
activities during that year. The Minister shall cause copies
thereof to be tabled in Parliament.
(2) The University shall cause copies of the report submitted
under subsection (1) to be made available to the public on
payment of a fee as may be determined by the University.
PART IV
CHANCELLOR AND OFFICERS OF THE UNIVERSITY
10. (1) The President shall appoint the Chancellor of Chancellor
the University who shall be the Head of the University and and officers
of the
who shall hold office for a period of five years from the date
University.
of such appointment.
(2) The Chancellor shall when present preside at every
Convocation of the University.
(3) The officers of the University shall be as follows:—
(a) the Vice Chancellor;
(b) the Deputy Vice Chancellor (if any)
(c) the Rector of each Campus;
(d) the Dean of each Faculty;
(e) the Registrar of the University;
(f) the Director, Media and Information Services;
(g) the Director, Finance;
10 Ocean University of Sri Lanka
Act, No. 31 of 2014
(h) the Director, Admission, Accreditation and Quality
Assurance Council; and
(i) any person holding a post declared by any Statute
to be that of an officer of the University.
The Vice 11. (1) The Vice Chancellor of the University shall be
Chancellor. appointed by the President in consultation with the Minister,
from and out of a Panel of three persons nominated by the
Board of Governors of the University.
(2) The Panel of three persons to be nominated for the
purpose of subsection (1) shall be selected from amongst
those who have academic qualifications, knowledge and
experience in the fields of engineering, fisheries, science,
technology, management or any other relevant field.
(3) The Vice Chancellor shall hold office for a period of
four years. However a person shall not be appointed as a
Vice Chancellor for more than two consecutive terms.
(4) The Vice Chancellor shall be a full-time officer of the
University and shall be the principal executive officer and
the principal academic officer thereof. He shall be an ex-
officio member and Chairman of both the Board of Governors
of the University and of the Academic Council. The Vice
Chancellor shall be entitled to convene, be present and speak
at any meeting of any other Authority of the University or
other body as may be prescribed by Ordinance, but shall not
be entitled to vote at any such meeting, unless he is a member
of such other Authority or other body.
(5) It shall be the duty of the Vice Chancellor in
accordance with such directions as may, from time to time,
be lawfully issued to him in that behalf by the Board of
Governors of the University, to ensure that the provisions of
this Act and of any appropriate Instrument are duly observed,
and he shall have and may exercise all such powers as he
may deem necessary for the purpose.
Ocean University of Sri Lanka 11
Act, No. 31 of 2014
(6) Subject to the provisions of this Act, it shall be the
duty of the Vice Chancellor to give effect to and ensure that
effect is given to the decisions of the Board of Governors of
the University and of the Academic Council.
(7) The Vice Chancellor shall be the Accounting Officer
of the University and shall be responsible for the maintenance
of discipline within the University.
(8) The Vice Chancellor may, unless he vacates office
earlier or is removed from office under subsection (9) of this
section, hold office until he has completed his sixty fifth
year or his term of office expires whichever is earlier.
(9) The President may remove the Vice Chancellor from
office for reasons assigned therefor.
(10) Where the Vice Chancellor by reason of leave, illness,
absence from Sri Lanka or for any other cause is temporarily
unable to perform the duties of his office, the Deputy Vice
Chancellor, if any, shall perform such duties on behalf of the
Vice Chancellor. If a Deputy Vice Chancellor is not available,
the Minister, on the recommendation of the Board of
Governors of the University shall within seven days of the
occurrence of such inability, make such arrangements as he
may think fit for carrying on the duties of the office of the
Vice Chancellor. The Registrar of the University shall until
such arrangements are made carry out the routine duties of
the office of the Vice Chancellor.
(11) Where any vacancy occurs in the office of the Vice
Chancellor, the President may within seven days of the
occurrence of such vacancy, make such arrangement as he
may think fit, for carrying on the duties of the office until a
permanent appointment is made. Until such arrangements
are made, the Registrar of the University shall carry out the
routine duties of the office of the Vice Chancellor.
12 Ocean University of Sri Lanka
Act, No. 31 of 2014
Deputy Vice 12. A Deputy Vice Chancellor of the University shall
Chancellor of the be appointed by the Board of Governors of the University
University.
upon the recommendation of a select committee, the
composition of which shall be prescribed by Ordinance. On
being appointed the Deputy Vice Chancellor shall function
as a full time officer of the University under the direction of
the Vice Chancellor. The Board of Governors of the
University shall decide on the duties and functions of the
Deputy Vice Chancellor, if any.
The Dean of a 13. (1) There shall be a Dean of each Faculty who shall
Faculty. be the academic and administrative Head of such Faculty.
The Dean shall be elected by the Faculty from among the
Senior Professors, Professors, Associate Professors and Senior
Lecturers who are members of such Faculty.
(2) The Dean shall subject to the provisions of any
appropriate instrument, hold office for a period of three years
reckoned from the date of his election and shall unless
disqualified from holding such office, be eligible for re-
election. However he shall not in any event hold office for
more than two consecutive terms.
(3) The Dean of a Faculty who is disqualified from
continuing to function as an officer of the University under
section 59 of this Act shall be removed from such office.
(4) Where owing to leave of absence, illness or other cause,
the Dean of a Faculty is temporarily unable to perform the
duties of his office for a period exceeding three months, the
Vice Chancellor shall appoint a Senior Professor, Professor,
Associate Professor or a Senior Lecturer of that Faculty, to
act in the post of Dean for such period.
(5) Where a Dean of a Faculty is removed, retires, resigns,
or is for any other reason unable to perform the duties of his
office for a period exceeding three months, the post of Dean
of the Faculty shall be deemed to have become vacant, and
a new Dean shall be elected in accordance with the provisions
Ocean University of Sri Lanka 13
Act, No. 31 of 2014
of subsection (1). The person so elected shall hold office for
the un-expired term of office of his predecessor.
14. (1) The Registrar of the University shall be appointed Registrar of the
University.
by the Board upon the recommendation of a select committee
the composition of which shall be prescribed by Ordinance
and shall function as a full time officer of the University.
The Registrar shall also be the Assistant Accounting officer
of the University.
(2) The Registrar shall—
(a) subject to the direction and control of the Vice –
Chancellor, be responsible for the general
administration of the University and the
disciplinary control of its non academic staff;
(b) be responsible for the custody of the records and
the property of the University; and
(c) exercise, discharge and perform such powers, duties
and functions as may be conferred or imposed on or
assigned to him by this Act or by any appropriate
instrument.
15. (1) The Director, Media and Information Services The Director,
of the University shall be appointed by the Board of Media and
Information
Governors of the University upon the recommendation of a Services.
select committee, the composition of which shall be
prescribed by Ordinance, and shall function as a full-time
officer of the University.
(2) The Director, Media and Information Services shall—
(a) subject to the direction and control of the Vice
Chancellor, be responsible for the general
administration of the Media and Information Centre
or Centres of the University; and
14 Ocean University of Sri Lanka
Act, No. 31 of 2014
(b) exercise, perform and discharge such powers, duties
and functions as may be conferred or imposed on or
assigned to him by this Act or by any appropriate
instrument.
The Director, 16. (1) The Director, Finance of the University, shall be
Finance.
appointed by the Board of Governors of the University upon
the recommendation of a select committee, the composition
of which shall be prescribed by Ordinance, and shall function
as a full-time officer of the University.
(2) The Director, Finance shall—
(a) subject to the direction and control of the Vice
Chancellor, be responsible for the general
administration of the finances of the University and
shall maintain its accounts in such form and manner
as may be prescribed by Ordinance; and
(b) exercise, perform and discharge such powers, duties
and functions as may be conferred or imposed on or
assigned to him by this Act or by any appropriate
Instrument.
(3) The Director, Finance shall have the custody of all the
funds of the University.
The Director, 17. (1) The Director, Admission, Accreditation and
Admission, Quality Assurance Council of the University, shall be
Accreditation and
Quality Assurance appointed by the Board of Governors of the University upon
Council. the recommendation of a select committee, the composition
of which shall be prescribed by Ordinance. The Director,
Admission, Accreditation and Quality Assurance Council
shall function as a full -time officer of the University.
(2) The Director, Admission, Accreditation and Quality
Assurance Council shall—
(a) subject to the direction and control of the Vice
Chancellor, be responsible for the admission criteria
Ocean University of Sri Lanka 15
Act, No. 31 of 2014
and for ensuring quality assurance of courses and
other supporting services provided by the
University; and
(b) exercise, perform and discharge such powers, duties
and functions as may be conferred or imposed on or
assigned to him by this Act or by any appropriate
Instrument.
PART V
THE AUTHORITIES OF THE UNIVERSITY
18. The Authorities of the University shall be the The Authorities of
following :— the University.
(a) the Board of Governors;
(b) the Admission, Accreditation and Quality
Assurance Council;
(c) the Academic Council;
(d) the Faculty Boards; and
(e) such other bodies as may be prescribed by
Ordinances to be Authorities of the University.
19. (1) The Board of Governors of the University The Board of
Governors of the
(hereinafter in this Act referred to as the “Board”) shall
University.
consist of—
(a) the following ex-officio members:—
(i) the Vice Chancellor;
(ii) the Deputy Vice-Chancellor, if any;
(iii) Dean of each Faculty;
16 Ocean University of Sri Lanka
Act, No. 31 of 2014
(iv) the Director of each institute established
under any Ordinance;
(v) the Secretary to the Ministry of the Minister
in charge of the subject of Skills Development
or his nominee;
(vi) the Secretary to the Ministry of the Minister
in charge of the subject of Finance or his
nominee;
(vii) the Secretary to the Ministry of the Minister
in charge of the subject of Higher Education
or his nominee;
(viii) the Secretary to the Ministry of the Minister
in charge of the subject of Shipping or his
nominee;
(ix) the Secretary to the Ministry of the Minister
in charge of the subject of Science and
Technology or his nominee;
(x) the Secretary to the Ministry of the Minister
in charge of the subject of Fisheries and
Aquatic Resources or his nominee;
(xi) the Rector of each Campus, if any;
(xii) the Chairman of the Vocational Training
Authority of Sri Lanka, established by the
Vocational Training Authority of Sri Lanka
Act, No. 12 of 1995;
(xiii) the Chairman of the National Aquatic
Resources Research and Development
Agency established by the National Aquatic
Resources Research and Development
Agency Act, No. 54 of 1981;
Ocean University of Sri Lanka 17
Act, No. 31 of 2014
(xiv) the Chairman of the National Apprentice and
Industrial Training Authority, established by
the Tertiary and Vocational Education Act,
No. 20 of 1990; and
(xv) the Director-General of the Tertiary and
Vocational Education Commission
established by the Tertiary and Vocational
Education Act, No. 20 of 1990; and
(b) the following persons appointed by the Minister
(in this Act referred to as “appointed members”)
(i) two members of the Academic Council
nominated by such Council from among its
members;
(ii) one member representing each of the
professional bodies in the areas of
engineering, science and management;
(iii) three members from among persons who have
rendered distinguished service in educational,
professional and administrative spheres.
(2) The Chairman of the Board shall be the Vice
Chancellor who shall preside at all meetings of the Board. If
the Chairman is unable to preside at any meeting, the
members present shall elect a member from among
themselves to preside at such meeting. The Registrar of the
University shall function as the secretary of the Board.
(3) An appointed member of the Board shall, unless he
vacates office earlier, hold office for a term of three years
reckoned from the date of his appointment, and shall, unless
removed from office, be eligible for re-appointment:
Provided that, if any appointed member vacates his office
prior to the expiry of his term, his successor shall hold office
for the unexpired period of the term of the member whom he
succeeds.
18 Ocean University of Sri Lanka
Act, No. 31 of 2014
(4) An appointed member of the Board may resign his
office by writing under his hand addressed to the Minister.
(5) An appointed member of the Board who is
disqualified from continuing to be a member of an Authority
of the University under section 59 of this Act shall be
removed from such office.
(6) An appointed member of the Board who for whatever
reason absents himself from three consecutive meetings of
the Board, shall be deemed to have vacated his office as a
member and the Minister shall, having regard to the
provisions of paragraph (b) of subsection (1), appoint another
person to fill the resulting vacancy.
(7) An appointed member of the Board may be paid such
allowances as the Minister, in consultation with the Minister
in charge of the subject of Finance shall determine.
(8) The quorum for a meeting of the Board shall be one
third of the total number of members.
(9) The Board shall meet whenever necessary provided
that it shall have at least ten meetings in each year.
(10) The Chairman of the Board shall whenever he thinks
necessary or within one week upon the receipt by him of a
written requisition from not less than one third of the total
membership of the Board convene a special meeting of the
Board.
Powers, duties and 20. (1) Subject to the provisions of this Act, the Board
functions of the shall exercise, perform and discharge the powers, duties and
Board.
functions conferred or imposed on or assigned to the
University by this Act.
(2) Without prejudice to the generality of the powers
conferred upon it by subsection (1), the Board shall exercise,
Ocean University of Sri Lanka 19
Act, No. 31 of 2014
perform and discharge the following powers, duties and
functions:—
(a) approve courses of study recommended by the
Academic Council;
(b) determine, from time to time, the requirements for
the admission of students to the University having
considered the recommendations made by the
Admission, Accreditation and Quality Assurance
Council;
(c) hold, control and administer the property and funds
of the University;
(d) select a coat of arms for the University and
determine its form;
(e) regulate and determine all matters concerning the
University in accordance with the provisions of this
Act and of any appropriate instrument;
(f) inquire into or investigate, from time to time, the
financial needs of the University;
(g) prepare, from time to time, corporate strategic plans
and corresponding budgets for the University, for
periods not less than three years at a time;
(h) determine, from time to time, within the overall
wage and salary policies of the Government, the
quantum of remuneration that should be paid to
the members of the staff of the University and other
benefits that the staff is entitled to receive;
(i) administer any funds placed at the disposal of the
University for specific purposes;
(j) receive and accept by way of bequests, donations,
grants or otherwise property made to the University;
20 Ocean University of Sri Lanka
Act, No. 31 of 2014
(k) consider the annual report and the annual accounts
of the University and submit such report and
accounts, along with any amendments that it may
consider necessary to the Minister;
(l) prepare the budget estimates and the annual
financial appropriations of the University and
submit the same to the Minister;
(m) make Statutes when so required for any matter in
respect of which Statutes are required to be made
under this Act;
(n) make by-laws in respect of any matter for which by-
laws are authorized to be made under this Act;
(o) provide buildings, premises, furniture, equipment
and other materials needed for the carrying on of
the work of the University;
(p) appraise performance of persons in the staff of the
University;
(q) appoint examiners, whether from the staff of the
University or from elsewhere, after considering any
recommendations made by the Academic Council,
and determine the fees which may be paid to such
examiners;
(r) appoint a Board of Welfare which shall include a
representative of the students, for the promotion of
the general well being of the students of the
University. The composition, powers, duties and
functions of such Board shall be prescribed by
Ordinance;
(s) appoint a Board of Residence and Discipline which
shall include a representative of the students, for
the maintenance of discipline and provision of
Ocean University of Sri Lanka 21
Act, No. 31 of 2014
residential facilities for the staff and students of the
University and matters connected therewith or
incidental thereto. The composition, powers, duties
and functions of such Board shall be prescribed by
Ordinance;
(t) enter into, implement and where necessary cancel
contracts on behalf of the University and invest
any moneys belonging to the University, including
any unapplied income generated by the University,
in the purchase of immovable property in Sri Lanka,
or any such investments or place in fixed deposits
in any bank approved by the Board, any portion of
such moneys not required for immediate
expenditure;
(u) determine after consultation with the Academic
Council, the academic dress or insignia or both of
the Vice Chancellor, the officers, the graduates and
students of the University;
(v) institute, abolish or suspend Senior Professorships,
Professorships, Associate Professorships, Senior
Lectureships, Lectureships and Assistant
Lectureships, in consultation with the Admission,
Accreditation and Quality Assurance Council;
(w) institute, abolish or suspend any non-academic post
in consultation with the Admission, Accreditation
and Quality Assurance Council;
(x) decide on the qualifications required for any post
referred to in paragraphs (xxi) and (xxii) in
consultation with the Admission Accreditation and
Quality Assurance Council;
(y) establish collaborations and partnerships with
public and private sector, for the purpose of
achieving the objects of the University;
22 Ocean University of Sri Lanka
Act, No. 31 of 2014
(z) establish such number of Faculties, Academic
Divisions, Departments of Study, Units or Centres
as may be recommended by the Academic Council;
(aa) permit officers of the University, permanent staff or
any members of the Board to serve on the Board of
Management of any organization registered under
the Companies Act, No. 7 of 2007 and contribute
towards consultancy services of such organizations
solely for the undertaking of income generation
activities and commercialization of knowledge
provided that, the profits of such organization
would be donated to the University for its
development and welfare of the staff and students,
For the purposes of this paragraph, “University
Board” means any university Board, including the
Board of Welfare and the Board of Residence and
Discipline appointed by the Board of Governors.
(bb) determine and assign the duties and functions of
the Deputy Vice Chancellor, if any;
(cc) award fellowships, scholarships, bursaries, medals
and other prizes, on the recommendations of the
Academic Council; and
(dd) exercise all other powers of the University, the
exercise of which is not otherwise provided for in
this Act or in any appropriate Instrument.
(3) No resolution shall be passed by the Board in relation
to any academic matter, unless the Academic Council has
first been given an opportunity of recording and transmitting
to the Board its opinion thereon.
In this section, “academic matter” means any matter which
is subject to the control and general direction of the Academic
Council.
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21. (1) The Board may make Ordinances in respect of Powers of the
all such matters as it may deem necessary to enable it to Board to make
Ordinances.
effectively exercise, perform and discharge its powers, duties
and functions under this Act.
(2) Without prejudice to the generality of the powers
conferred by subsection (1), the Board may make Ordinances
in respect of all or any of the following matters:—
(a) all matters required to be prescribed by Ordinance
or in respect of which Ordinances are authorized to
be made by the Board under any other provision of
this Act;
(b) the establishment of institutions and maintenance
of standards of such institutions for vocational
training in related fields;
(c) the terms and conditions of service of the full time
officers of the University;
(d) the terms and conditions of service of the staff of
the University;
(e) the establishment and maintenance of standards of
instruction in the University for the grant of degrees,
diplomas and other academic distinctions;
(f) the recognition of foreign degrees and diplomas
and other academic distinctions; and
(g) any other matter connected with or incidental to
any of the matters aforementioned.
(3) Every Ordinance made by the Board under this Act
shall be published in the Gazette and shall come into
operation on the date specified therein.
24 Ocean University of Sri Lanka
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The Admission, 22. (1) The Admission, Accreditation and Quality
Accreditation and Assurance Council of the University (hereinafter referred to
Quality Assurance
as the “Quality Assurance Council”, shall consist of—
Council.
(a) the following ex-officio members:—
(i) the Dean of each Faculty of the University;
(ii) the Director-General of the Tertiary and
Vocational Education Commission
established by the Tertiary and Vocational
Education Act, No. 20 of 1990;
(iii) the Director of the Quality Assurance
Council;
(iv) the Registrar of the University;
(v) the Head of the body entrusted with the
responsibility of regulating the activities of
Colleges of Technology; and
(b) the following persons appointed by the Vice
Chancellor (in this section referred to as “appointed
members”):—
(i) one representative each from the professional
bodies in Fisheries and Ocean Sciences,
Maritime Technologies and allied fields up
to a maximum of three members;
(ii) one University academic each from other
Universities in Fisheries and Ocean Sciences,
Maritime Technologies and allied fields up
to a maximum of three members elected from
amongst the Deans of Faculties;
(iii) three representatives from Academic Council,
nominated by that Council from among its
members; and
Ocean University of Sri Lanka 25
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(iv) Director of Quality Assurance Council of the
University Grants Commission and two
directors responsible for the National
Vocational Qualifications and for
Accreditation, from the Tertiary and
Vocational Education Commission
established by the Tertiary and Vocational
Education Act, No. 20 of 1990.
(2) The Chairman of the Quality Assurance Council shall
be elected from among the Deans of each faculty who shall
preside at all meetings of such Council. If the Chairman is
unable to preside at any meeting, the members present shall
elect a member present to preside at such meeting.
(3) The Registrar of the University shall be the Secretary
to the Quality Assurance Council.
(4) The quorum for a meeting of the Quality Assurance
Council shall be one half of its total membership and the
Quality Assurance Council shall meet whenever necessary,
provided that it shall meet at least on one occasion in each
year.
(5) An appointed member of the Quality Assurance
Council shall unless he vacates office earlier, hold office for
a term of four years reckoned form the date of his
appointment, and shall, unless removed from office, be
eligible for re-appointment:
Provided that, if any appointed member vacates his office
prior to the expiry of his term, his successor shall hold office
only for the unexpired period of the term of office of the
member whom he succeeds.
(6) An appointed member of the Quality Assurance
Council may resign his office by writing under his hand
addressed to the Vice Chancellor.
26 Ocean University of Sri Lanka
Act, No. 31 of 2014
(7) An appointed member of the Quality Assurance
Council who is disqualified from continuing to be a member
of an Authority of the University under section 59 of this
Act shall be removed from such office.
(8) An appointed member of the Quality Assurance
Council who for whatever reason absents himself from three
consecutive meetings of the Quality Assurance Council,
shall be deemed to have vacated his office as a member and
the Vice Chancellor shall, having regard to the provisions
of paragraph (b) of subsection (1), appoint another person to
fill the resulting vacancy.
(9) An appointed member of the Quality Assurance
Council may be paid such allowance as the Minister shall in
consultation with the Minister in charge of the subject of
Finance determine.
Powers of the 23. The Quality Assurance Council shall have the power
Quality Assurance to recommend to the Board upon consideration of any
Council.
appropriate reports, on matters relating to—
(a) the admission criteria for courses of study at the
University:
Provided that, any aptitude test for any
category of candidates for the admission shall be
conducted by the Department of Examinations in
consultation with the University;
(b) the number of students to be admitted to each course
of study;
(c) the qualifications from among National Vocational
Qualifications and any other vocational
qualifications awarded or granted by any public or
private institution, that are required to be satisfied
in order to gain admission for courses of study at
the University;
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(d) the recruitment and promotion criteria for the staff
of the University;
(e) any matter relevant for the maintenance or
upgrading of academic standards of courses;
(f) the institution, abolition or suspension of Senior
Professorships, Professorships, Associate
Professorships, Senior Lectureships, Lectureships
and Assistant Lectureships;
(g) the formulation of accreditation requirements of
courses of studies at the University, in consultation
with the Academic Council and relevant
stakeholders;
( h) the qualification requirements of all teachers and
non-academic staff of the University;
(i) collaborations to be established with other national
and international higher educational institutions
and professional bodies to further the objectives of
the University;
(j) the appointment of such number of committees
consisting of its own members and any other
professionals outside its membership, as it may
deem necessary to deliberate and report to it on
matters pertaining to its powers, which may be
referred to such committee; and
(k) any other matter that may be referred to it by the
Board for its recommendation.
24. (1) The Academic Council shall consist of— The Academic
Council.
(a) the following ex-officio members:—
(i) the Vice Chancellor;
28 Ocean University of Sri Lanka
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(ii) the Deputy Vice-Chancellor, if any;
(iii) the Dean of each Faculty;
(iv) the Rector of each Campus and the Director
of each Institute established under the
University;
(v) every Senior Professor and Professor of the
University;
(vi) the Registrar of the University;
(vii) the officer designated to be in charge of
examinations;
(viii) the Director of media and information
services;
(ix) the Director of the Quality Assurance
Council;
(x) the Head of each academic Department of
Study of the University;
(b) the following elected and appointed members:—
(i) such number of Associate Professors and
Senior Lecturers not exceeding seven
representatives from each faculty, as may be
elected by the permanent teachers of such
Faculty, from among their numbers;
(ii) such number of Lecturers as is equal to the
total number of Faculties, elected by the
faculty Board to represent each of such
faculties ; and
(iii) such number of members as is equal to the
total number of Faculties, appointed by the
Board from among persons who have rendered
distinguished service in educational,
professional, commercial, industrial,
Ocean University of Sri Lanka 29
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scientific or administrative spheres, as
recommended by the respective Faculty
Boards.
(2) Each member elected or appointed under paragraph
(b) of subsection (1), shall hold office for a period of two
years reckoned from the date of his election or appointment,
as the case may be.
(3) The quorum for a meeting of the Academic Council
shall be one third of its total membership.
(4) The Academic Council shall meet whenever necessary,
provided that, it shall meet not less than ten occasions in
each year.
(5) The Chairman of the Academic Council shall be the
Vice Chancellor who shall preside at all meetings of the
Academic Council. If the Chairman is unable to preside at
any meeting, the Deputy Vice Chancellor, if any shall
preside at such meeting. In the absence of the Deputy Vice
Chancellor, the members present shall elect a member from
among those present to preside at such meeting.
25. (1) The Academic Council shall be the academic Powers, duties and
authority of the University and subject to the provisions of functions of the
Academic
this Act or any appropriate instrument, shall have control Council.
and general direction of the standard of instruction,
education, research and examinations of the University.
(2) Without prejudice to the generality of the powers
conferred upon it by subsection (1), the Academic Council
shall exercise, perform and discharge the following powers,
duties and functions:—
(i) to advise the Board, upon consideration of the
reports submitted by any Faculty on the methods
of regulating the courses of study and examinations,
and to make recommendations to the Board
regarding such courses of study;
30 Ocean University of Sri Lanka
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(ii) recommend to the Board after considering any
reports submitted by any Faculty or Faculties, the
names of persons suitable to be appointed as
examiners;
(iii) evaluate any request made by a Faculty Board on
any proposals relating to the institution, abolition
or suspension of Senior Professorships,
Professorships, Associate Professorships, Senior
Lecturerships, Lecturerships and Assistant
Lecturerships in the University, and make its
recommendations on the same to the Quality
Assurance Council;
(iv) recommend to the Board after considering the
reports submitted by any Faculty or Faculties—
(a) schemes for the re-organization of existing
Faculties; and
(b) schemes for the assignment of subjects of
study to the respective Faculties;
(v) make recommendations to the Board on matters
relating to the mode and conditions of competition
to be imposed for the grant of fellowships,
scholarships, exhibitions, bursaries, medals and
other prizes;
(vi) make recommendations to the Board on matters
relating to the award of fellowships, scholarships,
exhibitions, bursaries, medals and other prizes;
(vii) appoint such number of Standing Committees, or
ad hoc committees or Boards from and out of the
members of the Academic Council as it may deem
necessary, and in particular, the following:—
(a) Media and Information Services Committee;
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(b) Research and Publication Committee;
(c) Industry-University partnership Committee;
(d) Curriculum Development and Evaluation
Committee;
(e) Leave and Awards Committee; and
(f) Regional Committee;
(viii) specify the terms of reference of the Committees
and Boards appointed under paragraph (vii) and to
either approve the reports submitted by any such
Committee or Board with or without modification,
or to reject such reports;
(ix) refer to the Quality Assurance Council any proposals
made by a Faculty Board relating to the admission
of students to any courses of study along with its
observations on the same; and
(x) recommend to the Board, from time to time,
regarding the establishment of such Faculties as it
may deem necessary for developing its teaching,
research and extension programmes.
26. (1) The Faculty Board of each Faculty of the The Faculty
Board.
University shall consist of the following persons:—
(a) the Dean of the Faculty;
(b) the Head of each Academic Department of Study;
(c) all Senior Professors, Professors, Associate
Professors, Senior Lecturers and Lecturers of the
Faculty;
32 Ocean University of Sri Lanka
Act, No. 31 of 2014
(d) the Director, Quality Assurance Council or his
nominee;
(e) the Director, Media and Information Services or his
nominee;
(f) two members of the permanent staff imparting
instructions in the Faculty, excluding those referred
to in paragraph (c), elected by themselves from
among those in the permanent staff;
(g) two students elected by the students of the Faculty
from among their numbers:
Provided that, the members elected under this
paragraph shall be excluded from the proceedings
of any meeting of the Faculty Board relating to the
election of the Dean under section 13 of this Act
and relating to examinations and connected matters
and any such meeting shall, notwithstanding such
exclusion, be deemed to have been duly held ; and
(h) five persons not being members of the staff of the
University, nominated by the Faculty from among
persons of eminence in areas of study relevant to
the respective Faculty.
(2) The members elected under paragraph (g) of
subsection (1) shall hold office as a member for a period of
one year and all other elected members shall hold office for
a period of three years, reckoned from the date of his election.
(3) The Chairman of the Faculty Board shall be the Dean
of the Faculty who shall preside at all meetings of the Faculty
Board. Where the Dean of the Faculty is unable to preside at
any such meeting, the members present shall elect a member
present other than a member elected under paragraph (g) of
subsection (1), to preside at such meeting.
Ocean University of Sri Lanka 33
Act, No. 31 of 2014
(4) The quorum for a meeting of the Faculty Board shall
be one third of its total membership and it shall meet
whenever necessary, provided that it shall meet not less than
ten occasions in each year.
27. Subject to the provisions of this Act, a Faculty Powers duties and
Board shall exercise, perform and discharge the following functions of the
Faculty Board.
powers, duties and functions—
(a) to consider and report on any matter referred to it
by the Academic Council;
(b) subject to the control of the Academic Council, to
regulate matters connected with teaching,
examinations and research in the various branches
of oceanography, marine engineering, fisheries and
ocean science and management, technical and
vocational education and training;
(c) to present recommendations and reports to the
Academic Council on all matters connected with
the courses of study and examinations in the
Faculty;
(d) to appoint committees which may include persons
other than members of the Faculty for the purpose
of considering and reporting on any special subject
or subjects; and
(e) recommend to the Academic Council names of
persons suitable to be appointed as examiners.
PART VI
CAMPUSES
28. The Board may by an Order (hereinafter referred to Establishment of
as “the Campus Order”)— Campuses.
(a) establish a Campus of the University;
34 Ocean University of Sri Lanka
Act, No. 31 of 2014
(b) assign a name and style to such Campus;
(c) specify the location or site of such Campus;
(d) assign a Faculty or Faculties to such Campus; and
(e) specify the Department of Study comprising such
Faculty or Faculties.
The Rector of a 29. (1) The Rector of a Campus shall be appointed by
Campus. the Vice-Chancellor. He shall unless he vacates office earlier
hold office for a period of three years reckoned from the date
of his appointment and shall unless removed from office be
eligible for re-appointment for a further period of three years
immediately succeeding the aforesaid period.
(2) If the Rector by reason of leave, illness, absence from
Sri Lanka or other cause, is temporarily unable to perform
the duties of his office, the Vice-Chancellor shall within
seven days of the occurrence of such inability make such
arrangements as he may think fit for carrying on the duties
of the office. Until such arrangements are made the Registrar
shall carry on the routine duties of the office of the Rector.
(3) The Rector shall be a full time officer of the Campus
and shall be the academic and administrative Head of the
Campus.
(4) The Rector shall be the Chairman of the Campus.
The Campus 30. (1) A Campus shall have a Board, (hereinafter
Board. referred to as the “Campus Board”), the composition of which
shall be prescribed by Ordinance.
(2) The Campus Board shall be responsible—
(a) for the internal administration of the Campus;
(b) for making arrangements for the general wellbeing
of and the provision of amenities for persons
attached to the Campus; and
Ocean University of Sri Lanka 35
Act, No. 31 of 2014
(c) for the performance of any other duty as may be
prescribed by Statute.
(3) The Campus Board may with the approval of the Board
of Governors of the University make Rules in repect of all
matters relating or incidental to or connected with the
internal administration of the Campus.
PART VII
CONVOCATION OF THE UNIVERSITY
31. (1) The University shall for the purpose of conferring Holding of the
degrees, hold a convocation once in every year on such date Convocation of
the University.
or dates as may be approved by the Chancellor:
Provided that, the University may hold a Special
Convocation at any other time, as the Chancellor may
determine.
(2) Notwithstanding the provisions of subsection (1), first
degrees may be conferred without the holding of the
convocation.
(3) The procedure for the holding of a Convocation shall
be prescribed by by-laws.
(4) The President shall when present preside at
Convocation. In the absence of the President, the Chancellor
shall preside at such Convocation and in the absence of
both the President and the Chancellor, the Vice Chancellor
shall preside at such Conversation.
PART VIII
STAFF OF THE UNIVERSITY
32. Every appointment to the staff of the University Board to appoint
shall be made by the Board in accordance with such schemes staff of the
University.
of recruitment and procedures as prescribed by Ordinance
for the same.
36 Ocean University of Sri Lanka
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Determination of 33. The qualifications of all teachers of the University
qualifications of
shall be determined by the Board in consultation with the
staff of the
University. Quality Assurance Council while qualifications of all non-
academic staff shall be determined by the Board in
consultation where it considers necessary with the Quality
Assurance Council.
Institution, abolition 34. (1) It shall be the duty of each Faculty Board to
and suspension of make written proposals to the Academic Council relating to
posts in the staff of
the institution, abolition and suspension of posts of teachers
the University.
required for such Faculty. The Academic Council shall
consider and evaluate such proposals and thereafter make
its recommendations to the relevant Faculty Board.
(2) It shall be the duty of the Registrar of the University
to make recommendations to the Board relating to the
institution, abolition and suspension of all non-academic
posts in the University.
(3) The Faculty Board may where it considers it
appropriate prior to the institution, abolition or suspension
of any post of a teacher or of any non-academic post in the
University obtain the advice of the Quality Assurance
Council regarding the same.
Probationary 35. (1) Every appointment to a post of a teacher shall in
periods and the first instance be for a probationary period of three years,
confirmation.
which period may be extended by the Board for a period of
one year at a time, so however the extension shall not in the
aggregate exceed a period of three years. At the end of the
probationary period, the appointment may be confirmed in
accordance with the requirements or conditions as to
confirmation provided for in the appropriate schemes of
recruitments as prescribed by Ordinance.
(2) Every appointment to a non-academic post shall in the
first instance be for a probationary period of three years and
such appointment may thereafter be confirmed in accordance
with the confirmation criteria as prescribed by Ordinance.
Ocean University of Sri Lanka 37
Act, No. 31 of 2014
36. (1) A person holding the post of a teacher shall if he Retirement of
has been confirmed in his post, hold such post until he has teachers and
persons holding a
completed sixty years. If the sixtieth year ends before the non-academic
end of the academic year, he may continue till the end of post.
such academic year and shall thereafter be deemed to have
retired from service:
Provided that, the holder of such post may at any time
pending an inquiry by the Board be suspended for
misconduct, inefficiency or dereliction of duty and may be
dismissed or compulsorily retired if found guilty after such
inquiry on a resolution adopted by such Board.
(2) Notwithstanding the provisions of subsection (1), a
teacher who has reached sixty years of age and who in the
opinion of the Board is competent to continue to hold such
post may be recruited on contract basis to serve as a teacher
for a maximum period of five years so however such period
shall not exceed one year at a time. The period of service
however may be extended further by one year each at a time,
until he completes sixty-five years of age.
(3) Public Adminstration Circulars relating to the age of
retirement of public officers shall be applicable in regard to
the age of retirement of those holding any non-academic
post in the University:
Provided that, the holder of any such post may at any
time pending an inquiry by the Board be suspended for
misconduct, inefficiency or dereliction of duty and may be
dismissed or compulsorily retired if found guilty after such
inquiry on a resolution adopted by the Board.
(4) Where before completing the probationary period
referred to in section 35, a person holding—
(a) the post of a teacher reaches the age of sixty years;
or
38 Ocean University of Sri Lanka
Act, No. 31 of 2014
(b) a non-academic post reaches the age of retirement
specified in the Public Adminstration Circular
referred to in subsection (3),
such person shall be deemed to have retired from service
from the date on which he reached that age.
(5) Every holder of a post in the University who is
dismissed or is compulsorily retired from his post or is
otherwise punished for misconduct, inefficiency or
dereliction of duty may appeal against such dismissal or
retirement or other punishment to the University Appeals
Board.
Appointment of 37. (1) At the requset of the Board, an officer in the
public officers to public service may with the consent of that officer, the
the staff of the
University. Secretary to the Ministry by or unedr which that officer is
employed, the Secretary of the Minister in charge of the
subject of Public Administration and the Public Service
Commission, be temporarily appointed to the post of a
teacher of the University for such period as may be
determined by the Board or with like consent be permanently
appointed as a teacher.
(2) The provisions of subsection (2) of section 14 of the
National Transport Commission Act, No. 37 of 1991 shall
mutatis mutandis apply to and in relation to any officer in
the public service who is temporarily appointed to the post
of a teacher of the University and the provisions of subsection
(3) of section 14 of that Act shall mutatis mutandis apply to
and in relation to any officer in the public service who is
permanently appointed to the post of a teacher of the
University.
(3) Where the University employs any person who has
entered into a contract with the Government by which he
has agreed to serve the Government for a specified period,
any period of service to the University by that person shall
be regarded as service to the Government for the purpose of
discharging the obligations of such contract.
Ocean University of Sri Lanka 39
Act, No. 31 of 2014
38. At the request of the Board any teacher in the Appointment of
service of any Higher Educational Institution established teachers of Higher
Educational
under the Universities Act, No. 16 of 1978, may with the
Institutions to the
consent of such teacher, the University Grants Commission staff of the
and the governing authority of that institution, be University.
temporarily appointed to the post of a teacher of the
University. Such appointment shall be for such period as
may be determined by the Board or with like consent be
permanently appointed to such post on such terms and
conditions as may be agreed upon by the Board and such
Higher Educational Institution. Such teacher shall be subject
to the same disicplinary control as any other teacher in the
staff of the University.
PART IX
UNIVERSITY APPEALS BOARD
39. (1) The Minister shall, from time to time, appoint Appointment of
from among persons who have knowledge and experience the Panel of
Inquiry and
in the fields of oceanography, marine engineering, fisheries
Investigation.
and ocean science, management, academic administration,
financial management and legal or other relevent service
sectors, a Panel of Inquiry and Investigation consisting of
not less than nine persons.
(2) A person appointed as a member of the Panel of Inquiry
and Investigation shall hold office for a period of five years
from the date of appointment and unless removed from office
shall be eligible for re-appointment.
(3) A member of the Panel of Inquiry and Investigation
may resign from his office by writing addressed to the
Minister.
40. (1) Where— Constitution of the
University Appeals
Board.
(a) any appeal is made by any member of the staff of
the University against an appointment, promotion,
dismissal, suspension, disciplinary action taken
against him or in respect of any salary anomaly;or
40 Ocean University of Sri Lanka
Act, No. 31 of 2014
(b) any investigaion is required to be made into any
matter pertaining to the functions of the University,
the Board shall constitute a University Appeals Board
consisting of three members, selected from and out of the
persons appointed to the Panel of Inquiry and Investigation
by the Minister under section 39 to inquire into such appeal
or to conduct such investigation, as the case may be.
(2) The members of the University Appeals Board shall
elect from among themselves one of its members to be the
Chairman of such Board.
(3) There shall be a Secretary to the University Appeals
Board appointed by the Chairman of such Appeals Board.
(4) The procedure for the conduct of the proceedings of a
University Appeals Board shall be determined by the Board
by rules made in that behalf.
(5) At the conclusion of an inquiry into an appeal or the
conduct of the investigation, as the case may be, it shall be
the duty of the Chairman of the University Appeals Board to
convey to the Board, its decision and the reasons therefor
along with a report on such appeal or investigation. Further,
a copy of the decision and the reasons therefor shall also be
sent through registered post to the person who preferred the
appeal, within one week from the date of such decision.
(6) The members of the University Appeals Board shall
in respect of each appeal inquired into or investigation
conducted by them, be paid such allowance as the Minister
shall determine in consultation with the Minister in charge
of the subject of Finance.
Appeals from the 41. A person aggrieved by the decision of the University
decision of a Appeals Board in respect of any appeal made under
University Appeals
paragraph (a) of subsection (1) of section 40 may appeal
Board.
against such decision to the Court of Appeal within fourteen
days from the date on which the decision and the reasons
therefor were sent to that person by registered post under
subsection (5) of section 40.
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Act, No. 31 of 2014
42. (1) Any expense incurred by the University Appeals Expenses incurred
Board in any suit or prosecution brought by or against such in any suit or
prosecution to be
University Appeals Board before any court shall be paid out
paid out of the
of the University Fund, and any costs paid to or recovered Fund.
by a University Appeals Board in any such suit or
prosecution shall be credited to that Fund.
(2) Any expense incurred by a member of a University
Appeals Board in any suit or prosecution brought against
him before any court in respect of any act which is done or
purported to be done by him under this Act or any
appropriate instrument shall, if the court holds that such act
was done in good faith, be paid out of the Fund of the
University unless such expense is recovered by him in such
suit or prosecution.
PART X
FINANCE
43. (1) The University shall have its own Fund into The University
which shall be credited— Fund.
(a) all moneys voted for its use by Parliament;
(b) all such sums of money as may be received by the
University by way of donations or grants from any
source whatsoever;
(c) fees paid to the University in accordance with the
provisions of any by-laws; and
(d) any other payments required to be made to the
University in accordance with any rule or regulation
made under this Act.
(2) There shall be paid out of the Fund of the University
all such sums of money as are required to defray all
expenditure incurred by the University in the exercise of its
powers under this Act.
42 Ocean University of Sri Lanka
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Grants in aid of 44. The Deputy Secretary to the Treasury shall as soon
the University. as may be practicable after the commencement of each
financial year, pay to the University such sums of money as
may be provided for by Parliament by way of annual
appropriation, supplementary vote or otherwise as a grant in
aid of the University.
Board to consider 45. The budget estimates and the annual financial
budget estimates appropriations of the University prepared with the assistance
and annual of the Director, Finance under paragraph (d) of section 46,
financial
appropriations. shall be considered by the Board before such date as may be
prescribed by by-law. The Board may make such alterations
in such estimates and financial appropriations as it thinks
fit, and shall submit them to the Minister together with the
accounts of the University for the completed financial year
and the Minister may where he considers it necessary amend
any such estimates and financial appropriations.
Duties of the 46. It shall be the duty of the Director, Finance of the
Director, Finance. University to—
(a) keep the accounts of the University in such form
and in such manner as may be prescribed by rules;
(b) receive all moneys paid into the Fund of the
University and to credit such moneys to the proper
heads of accounts;
(c) make all payments in accordance with the
applicable laws, Financial Regulations and
Circulars;
(d) assist the Board in the preparation of budget
estimates and the annual financial appropriations
of the University; and
(e) prepare where necessary any supplementary
estimates under section 50.
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47. The income derived to the University from grants income from
made for specific purposes or from endowments for specific grants for specific
purposes to be
objects shall be separately accounted for in the accounts of separately
the University and no payment shall be made from such accounted for.
income for the general purposes of the University or for any
purposes or objects other than those for which such grants or
endowments were made.
48. The Board shall by resolution adopt the budget The Board to
estimates, annual financial appropriations and annual adopt budget
estimates and
accounts of the University prior to the transmission of the
annual financial
same to the Minister under section 53. appropriations.
49. It shall be lawful for the Board in case of necessity, Transfer of funds
to transfer funds from one vote to another of the annual from one vote to
another.
estimates subject to the approval in writing of the Treasury.
50. (1) In case of necessity and in order to meet any Supplementary
unforeseen expenditure, it shall be lawful at any time for estimates.
Director, Finance, to prepare supplementary estimates of
expenditure.
(2) Financial liability of a recurrent nature arising under
subsection (1) shall not be incurred without the prior approval
of the Minister given with the concurrence of the Minister
in charge of the subject of Finance.
(3) The supplementary estimates prepared under
subsection (1) shall be submitted to the Board for its adoption
and once adopted shall be made available to the Minister
together with the annual appropriation for the succeeding
year.
51. (1) The financial year of the University shall be the Financial year and
calendar year. audit of accounts.
(2) The provisions of Article 154 of the Constitution
relating to the audit of the accounts of public corporations
shall apply to and in respect of the audit of accounts of the
University.
44 Ocean University of Sri Lanka
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Publications of 52. The audited accounts of the University for each
audited accounts.
financial year, shall be published in the Gazette.
Annual accounts 53. (1) The University shall within three months of the
and Auditor- receipt of the Auditor-Generals report in respect of each
General’s report
to be transmitted financial year, transmit to the Minister such report with any
to Minister. comments made thereon by the Board together with the
statement of accounts to which such report relates.
(2) The Minister shall cause copies of all the documents
transmitted to him under subsection (1) to be tabled in
Parliament before the end of the year next succeeding the
year to which such accounts and report relate. The Vice
Chancellor of the University shall attend and answer any
questions arising therefrom before the Public Accounts
Committee of Parliament.
PART XI
STUDENTS ASSEMBLY AND OTHER ASSOCIATIONS
Students 54. (1) The University shall have a Students Assembly
Assembly.
consisting of student representatives elected from among
persons who are for the time being students of the University.
(2) Every election to the Students Assembly shall be
conducted by secret ballot at the commencement of each
academic year by such person or persons as may be
nominated by the Vice Chancellor.
(3) The term of office of the members of the Students
Assembly shall expire at the end of the academic year in
which the Students Assembly was elected.
Recognition of 55. (1) The Board may recognize any society or other
certain Societies association of students established for the sole purpose of
and other
furthering academic or social objectives and which will carry
Associations.
on such activities or functions as may be specified by the
Board by by-laws made in that behalf.
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(2) The membership of any society or other association
established under subsection (1) shall consist entirely of
students of the University.
(3) Subject to the provisions of section 54, the Board
may specify by by-law, the mode of registration of societies
and other associations recognized under subsection (1), their
functions, the mode of conducting elections for the
appointment of their office-bearers and the duties and
functions of such office-bearers.
56. The Board may, from time to time, allocate to the Board to allocate
Students Assembly or to any society or other association money to Students
Assembly etc, for
recognized under section 55, such sums of money as may be approved activity.
deemed necessary by the Board for approved activities.
57. The Board shall by Ordinance prescribe— Board to prescribe
constitution,
duties and
(a) the duties and functions of the Students Assembly; functions of
Students
(b) the office bearers of the Students Assembly and the Assembly.
number of student representatives constituting the
Students Assembly and their mode of election;
(c) the duties and functions of the office bearers of the
Students Assembly;
(d) the Standing Committee or Committees which a
Students Assembly may appoint and the duties and
functions of such Committee;
(e) the purpose for which the funds allocated to the
Students Assembly and to any society or other
association recognized by the Board under section
55 shall be utilized; and
(f) the form and the manner in which the accounts of
the Students Assembly and any society or other
association shall be maintained and audited.
46 Ocean University of Sri Lanka
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Suspension or 58. Where the Students Assembly or any society or other
dissolution of association conducts itself in a manner which in the opinion
students
of the Vice Chancellor is detrimental or prejudicial to the
Assembly, society
or other good name of the University or acts in contravention of any
association. provision of this Act or any appropriate Instrument, the Vice
Chancellor may suspend or dissolve such Students Assembly,
society or other association, as the case may be.
PART XII
GENERAL PROVISIONS
Disqualification 59. A person shall be disqualified from being appointed
from being to or continuing as a member of any Authority of the
members of any
University or as an officer of the University, if such person—
Authority of the
University.
(a) is an un-discharged bankrupt or insolvent;
(b) is convicted of any offence involving moral
turpitude;
(c) is found or declared to be of unsound mind under
any law in force in Sri Lanka or any other country;
(d) is directly or indirectly by himself or by any person
on his behalf or for his use or benefit holds or enjoys
any right or benefit under any contract, other than
his contract of employment, made by or on behalf
of the University;
(e) is or becomes, a Member of Parliament, a member
of a Provincial Council or a member of any local
authority;
(f) is removed from the membership of any Authority
or from any office of the University, for misconduct;
(g) is found to be unfit to continue to be a member of
an Authority or continue to hold office of the
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University, by reason of ill health or physical or
mental infirmity;
(h) is found guilty of misconduct or corruption; or
(i) is found guilty of gross abuse of power of his office.
60. All officers and members of the staff of the University Officers and
shall be deemed to be public servants within the meaning servants of the
University
and for the purposes of the Penal Code (Chapter 19). deemed to be
public servants
under the Penal
Code.
61. The University shall be deemed to be a Scheduled University
institution within the meaning and for the purposes of the deemed to be a
Scheduled
Bribery Act, and the provisions of that Act shall be construed institution within
accordingly. the meaning of
the Bribery Act.
62. (1) Where the presence of any person within the Prohibition on
University, other than of any officer, member of the staff or a undesirable
student of the University is, in the opinion of the Vice persons from
entering precincts.
Chancellor not conducive to the welfare of the University or
its students, the Vice Chancellor may with the consent of
the Board after giving such person an opportunity of being
heard, serve on such person by writing under his hand, a
notice prohibiting such person from entering or remaining
within the precincts of the University or within such part
thereof as may be specified in such notice. Such prohibition
shall remain in force until revoked by the Board.
(2) A certificate under the hand of the Vice Chancellor to
the effect that any person named in the certificate has been
prohibited in accordance with the provisions of subsection
(1) from entering or remaining in the precincts of the
University or any part thereof, shall be admissible as evidence
and shall be prima facie evidence of the facts stated in such
Certificate.
48 Ocean University of Sri Lanka
Act, No. 31 of 2014
(3) Any person who is prohibited under the provisions of
subsection (1) from entering or remaining within the
University precincts or part thereof and who without
reasonable cause, enters or remains within such precincts or
part thereof in contravention of such prohibition, shall be
guilty of an offence and shall on conviction after summary
trial by a Magistrate, be liable to a fine of one thousand
rupees or to an imprisonment for a period not exceeding
three years in respect of each day or part thereof on which he
has entered or during which he has remained, within such
precincts or part thereof.
(4) An offence under subsection (3) shall be a congnizable
and a bailable offence within the meaning and for the purpose
of the Code of Criminal Procedure Act, No. 15 of 1979.
Statutes. 63. (1) The Board may subject to the provisions of this
Act, make Statutes in respect of all or any of the following
matters:—
(a) where unless otherwise provided for, the manner of
filling of vacancies in and the convening of any
Authority of the University;
(b) the determination of the degrees and other academic
distinctions to be conferred;
(c) the criteria applicable for the conferment of
honorary degrees or other distinctions;
(d) the institution and award of fellowships,
scholarships, exhibitions, bursaries, medals and
other prizes for which funds or property may in any
manner whatsoever be provided; and
(e) all matters for which under the provisions of this
Act, Statutes are authorized or required to be made.
(2) Every Statute made under subsection (1) shall be
published in the Gazette and shall come into force on the
date of such publication or on such other date as may be
specified therein.
Ocean University of Sri Lanka 49
Act, No. 31 of 2014
64. (1) Subject to the provisions of this Act, by-laws By-Laws.
may be made by the Board in respect of all or any of the
following matters:—
(a) the courses of study approved by the Board for the
grant of degrees, diplomas and other academic
distinctions;
(b) the conditions subject to which students shall be
admitted to courses of study and examinations
prescribed for degrees, diplomas and other academic
distinctions;
(c) the fees to be charged for courses of study,
examinations and award of degrees and other
academic distinctions;
(d) all matters connected with the election of
representatives to various authorities and other
bodies of the University;
(e) the conditions and mode of appointment of
examiners, their duties, the fees to be paid to them
and the conduct of and maintenance of standards at
examinations; and
(f) all matters for which under the provisions of this
Act, by-laws are authorized or required to be made.
(2) A by-law in respect of any matter relating to or
connected with teaching and the examinations of the
University shall not be made by the Board, until a draft of
such by-law has first been prepared and submitted to the
Board by the Academic Council.
(3) Every by-law made by the Board shall come into force
on such date as shall be specified therein.
50 Ocean University of Sri Lanka
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Rules. 65. (1) Subject to the provisions of this Act, any
Authority of the University may make rules in respect of all
matters—
(a) for which rules are required to be made under the
provisions of this Act; and
(b) required to be provided for in order to enable such
Authority to carry on its duties and functions under
this Act.
(2) Rules made by an Authority of the University under
subsection (1), shall come into force on such date as shall be
specified therein.
Provisions of the 66. The provisions of the Universities Act, No. 16 of 1978,
Universities Act, shall not apply to or in respect of the University established
No. 16 of 1978
not to apply. by this Act.
PART XIII
INTERPRETATION
Interpretation. 67. In this Act, unless the context otherwise requires—
“Academic Council” means the apex academic
body of the University;
“appropriate Instrument” means any Ordinance,
Statute, by-law, regulation or rule made in
accordance with the provisions of this Act;
“Authority” means any Authority specified in
section 18 of this Act;
“by-law” means a by-law made by the Board under
section 64 of this Act;
“degree” means both undergraduate and
postgraduate degrees awarded by the
University;
Ocean University of Sri Lanka 51
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“Governing Body” means the overall
administrative body of the University;
“Minister” means the Minister to whom the subject
of Skills Development is assigned ;
“non-academic staff” means all the members of the
staff other than the teaching staff of the
University;
“Ordinance” means any Ordinance made by the
Board under section 21 of this Act;
“rule” means any rule made by any Authority of
the University under section 65 of this Act;
“Statute” means any Statute made by the Board
under section 63 of this Act; and
“teaching staff” includes a Senior Professor,
Professor, Librarian, Associate Professor,
Senior Lecturer, Senior Assistant Librarian,
Lecturer and an Assistant Librarian;
68. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case of
inconsistency.
prevail.
69. (1) Notwithstanding anything to the contrary Special Provisions
contained in any other provisions of this Act, pending the pending the
establishment of
establishment and organization of the Faculties, the
the University.
constitution of the several Authorities and the appointment
of the officers and other staff of the University under this
Act, the President shall in consultation with the Minister to
whom the subject of Skills Development is assigned, appoint
an Interim Committee consisting of—
(a) the Secretary to the Ministry of the Minister to
whom the subject of Skills Development is
assigned ;
52 Ocean University of Sri Lanka
Act, No. 31 of 2014
(b) the Chairman of the National Institute of Fisheries
and Nautical Engineering established by the
National Institute of Fisheries and Nautical
Engineering Act, No. 36 of 1999 ;
(c) the Director-General of the National Institute of
Fisheries and Nautical Engineering established by
the National Institute of Fisheries and Nautical
Engineering Act, No. 36 of 1999.
(2) The Interim Committee appointed under subsection
(1) shall subject to the provisions of subsection (4), function
for a period of three months commencing from the appointed
date and shall be responsible for taking all such measures
and making arrangements as may be necessary to enable the
University to commence its activities under this Act.
(3) The Interim Committee, in the discharge of its
functions under subsection (2), shall have the power to—
(a) allocate to the University, the staff, students,
equipment, land, buildings and other facilities and
to determine the structure and composition of each
Faculty and any other Institution and the disciplines
and subjects that are to be assigned to such Faculties
or Institutions, as the case may be ; and
(b) exercise the powers of the Board and of any other
Authority of the University, in respect of any matter
concerning the University and the appointment of
any person or persons, inclusive of officers required
to be appointed under this Act, for the purpose of
organizing, carrying out and directing the
functioning of the University during such period.
(4) The period of three months referred to in subsection
(2) may be extended by the Minister on the recommendation
of the Secretary to the Ministry of the Minister to whom the
subject of Skills Development is assigned for a period not
Ocean University of Sri Lanka 53
Act, No. 31 of 2014
exceeding a further three months, by Notification published
in the Gazette. The Notification shall be brought before the
Parliament for its approval within one month of the date of
its publication in the Gazette. A Notification not so
approved shall be deemed to be rescinded as from the date
of disapproval but without prejudice to the validity of
anything previously done thereunder.
(5) The date on which any Notification shall be deemed
to be rescinded shall be published in the Gazette.
70. (1) Notwithstanding the provisions of the National Officers and
Institute of Fisheries and Nautical Engineering Act, No. 36 servants of the
National Institute
of 1999 the officers and servants of the National Institute of
of Fisheries and
Fisheries and Nautical Engineering established under the Nautical
National Institute of Fisheries and Nautical Engineering Act, Engineering to be
No. 36 of 1999 (in this section referred to as the Institute) offered
employment in
and who are the staff of that Institute as on the appointed
the University.
date, shall, prior to the expiry of a period of two months from
the appointed date, by a written communication addressed
to the First Vice Chancellor of the University inform such
Vice Chancellor, whether such officer or servant would or
would not accept employment in the University or in the
National Institute of Fisheries and Maritime Training
established under paragraph (h) of section 5, as the case may
be, in the event of being offered employment therein.
(2) All officers and servants of the Institute who are offered
employment in the University by the First Vice Chancellor
and who express a desire to accept such employment, shall
become members of the staff of the University or the National
Institute of Fisheries and Maritime Training established
under paragraph (h) of section 5, as the case may be, from the
date specified in the Order made under subsection (1) of
section 71. Such officers and servants shall be employed on
terms not less favourable than their terms of employment in
the Institute and the period of service rendered by them, to
the Institute shall be regarded as a service rendered by them
to the University.
54 Ocean University of Sri Lanka
Act, No. 31 of 2014
(3) Where any officer or servant of the Institute expresses
a desire not to accept employment in the University or the
National Institute of Fisheries and Maritime Training
established under paragraph (h) of section 5, as the case may
be, such officer or servant shall be deemed to have retired
from service form the date specified in the Order made under
subsection (1) of section 71, and shall be eligible for the
retirement benefits that such officer or servant would have
been entitled to, if he retired from service in the Institute
after reaching his age of retirement.
Repeal of the 71. (1) The National Institute of Fisheries and Nautical
National Institute of Engineering Act, No. 36 of 1999 shall stand repealed from
Fisheries and
such date as the Minister shall specify by Order published in
Nautical
Engineering Act, the Gazette, provided the date to be so specified shall be a
No. 36 of 1999. date after three months but within six months of the
appointed date.
(2) Notwithstanding the repeal of the aforementioned Act,
from and after the date specified in the Order made under
subsection (1) of this section-
(a) all movable and immovable property of the National
Institute of Fisheries and Nautical Engineering
shall, from the date specified in the Order made
under subsection (1), vest in the University;
(b) all contracts and agreements entered into by or with
the National Institute of Fisheries and Nautical
Engineering and subsisting on the day immediately
preceding the date specified in the Order made
under subsection (1), shall be deemed to be contracts
and agreements entered into, by or with the
University;
(c) all sums of money lying to the credit of the Fund of
the National Institute of Fisheries and Nautical
Engineering on the day immediately preceding the
date specified in the Order made under subsection
Ocean University of Sri Lanka 55
Act, No. 31 of 2014
(1), shall stand transferred with effect from that date,
to the Fund established by section 43 of this Act;
and
(d) all liabilities of the National Institute of Fisheries
and Nautical Engineering existing on the day
immediately preceding the date specified in the
Order made under subsection (1), shall be deemed
to be the liabilities of the University.

56 Ocean University of Sri Lanka
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