44of2011.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
NATIONAL POLICE ACADEMY
ACT, No. 44 OF 2011
[Certified on 21st November, 2011]
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 November 25, 2011
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 13.00 Postage : Rs. 15.00
National Police Academy Act, No. 44 of 2011 1
[Certified on 21st November, 2011]
L.D.—O. 39/2010.
ANACT TO PROVIDE FOR THE ESTABLISHMENT OF ANATIONAL POLICE
ACADEMY; TO IDENTIFY THE OBJECTIVE AND FUNCTIONS OF, AND TO
PROVIDE FOR THE MANAGEMENT AND ADMINISTRATION OF THE
NATIONAL POLICE ACADEMY; AND TO PROVIDE FOR MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
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 National Police Academy Short title.
Act, No. 44 of 2011.
PART I
ESTABLISHMENT OF THE NATIONAL POLICE ACADEMY
2. (1) There shall be established an academy, which Establishment
shall be called the “National Police Academy” (hereinafter of the National
Police
referred to as “the Academy”).
Academy.
(2) The Academy shall, by the name assigned to it by
subsection (1) be a body corporate and shall have perpetual
succession and a common seal and may sue and be sued in
such name.
3. The Secretary to the Ministry of the Minister assigned The Academy to
the administration of the Police Department, shall be charged be the
responsibility of
with the responsibility of ensuring the efficient management the Secretary to
and administration of the Academy in order to achieve the the Ministry of
the Minister
objective for which the Academy is established. assigned the
administration
of the Police
Department.
4. The objective of the Academy shall be to develop Objective of the
the professional knowledge and skills of police officers and Academy.
other law-enforcement officers selected for training at the
2—PL 006260—4,090 (09/2011)
2 National Police Academy Act, No. 44 of 2011
Academy in order to prepare and equip them for appointment
to appropriate positions in their respective professions.
Functions of the 5. The functions of the Academy shall be to—
Academy.
(a) provide advanced training and education on
policing, law-enforcement and related subjects to
student officers;
(b) conduct research and studies on issues directly
related to policing and law-enforcement; and
(c) disseminate and share professional knowledge on
policing and law-enforcement for the benefit of
those concerned through relevant programmes and
publications.
Powers of the 6. (1) The Academy shall have the power to do all such
Academy. acts as may be necessary for the discharge of any or all of its
functions specified in section 5 of this Act.
(2) Without prejudice to the generality of the powers
conferred on it by subsection (1), the Academy may—
(a) admit student officers to follow the courses of study
at the Academy;
(b) levy such fees, where necessary, from student
officers as are prescribed;
(c) conduct examinations for the purpose of evaluating
the proficiency of student officers admitted for
selected courses of study;
(d) issue certificates and grant and confer the post-
nominal title “npa” (national police academy) on
student officers on the successful completion of
the courses of study;
National Police Academy Act, No. 44 of 2011 3
(e) award, subject to the approval of the relevant
educational authorities, diplomas, certificates and
other academic distinctions on subjects related to
policing and law-enforcement;
(f) affiliate to any University, subject to the approval
of the University Grants Commission and the
relevant local or foreign University;
(g) publish and disseminate journals and similar
documents to facilitate the functions of the
Academy;
(h) conduct research programmes on policing and law-
enforcement to facilitate the functions of the
Academy;
(i) erect, equip and maintain for the purposes of the
Academy, libraries, laboratories and other
buildings;
(j) create lectureship and other posts as may be required
for the efficient functioning of the Academy;
(k) appoint such employees and agents as are necessary
for the administration of the affairs of the Academy;
(l) receive grants, gifts or donations, whether from local
or foreign sources;
(m) borrow or raise money for the purpose of the
Academy in such manner and upon such security
as the Board may think fit;
(n) take or hold any movable or immovable property
which may become vested in it by this Act or by
virtue of any purchase, grant, gift, testamentary
4 National Police Academy Act, No. 44 of 2011
disposition or otherwise, and to sell, mortgage,
lease, grant, convey, devise, assign, exchange or
otherwise dispose of any such movable or
immovable property;
(o) enter into and perform or carry out, whether directly
or through any officer or agent authorised in that
behalf by the Academy, all such contracts or
agreements as may be necessary for the attainment
of the objectives of the Academy; and
(p) invest its funds in such a manner as the Board may
think fit.
PART II
BOARD OF MANAGEMENT OF THE ACADEMY
Constitution of 7. (1) The management and the administration of the
the Board of affairs of the Academy shall be vested in a Board of
Management of
management (in this Act referred to as “the Board”) which
the Academy.
shall consist of—
(a) the following ex-officio members, namely—
(i) the Secretary to the Ministry of the Minister
assigned the administration of the Police
Department who shall be the Chairman;
(ii) a senior official of the rank of Deputy
Secretary to the Treasury nominated by the
Secretary to the Ministry of the Minister to
whom the subject of Finance is assigned;
(iii) an Additional Secretary to the Ministry of
the Minister assigned the administration of
the Police Department, nominated by the
Secretary;
(iv) the Inspector-General of Police; and
(v) the Executive Director of the Academy
appointed under section 13;
National Police Academy Act, No. 44 of 2011 5
(b) two members appointed by the Minister in
consultation with the Secretary; having proven
ability in the fields of national security, public
security, law, and public administration.
(2) The Chairman shall preside at all meetings of the Board
and in the absence of the Chairman from any such meeting
of the Board, a person from among members of the Board
referred to in subparagraph (ii) of paragraph (a) of subsection
(1) and subparagraph (iii) of paragraph (a) of subsection (1)
and paragraph (b) of subsection (1), who has been duly
nominated by the Chairman, shall preside at any such
meeting.
(3) The Principal Administrative Officer of the Academy
shall function as Secretary to the Board.
8. (1) The seal of the Academy shall be in the custody Seal of the
of such person as the Board may decide from time to time. Academy.
(2) The seal of the Academy may be altered in such manner
as may be determined by the Board.
(3) The seal of the Academy shall not be affixed to any
instrument or document except in the presence of the
Chairman and one other member of the Board, both of whom
shall sign the instrument or document in token of their
presence:
Provided that where the Chairman is unable to be present
at the time when the seal of the Academy is affixed to any
instrument or document, any other member of the Board
authorised in writing by the Chairman in that behalf, shall
be competent to sign such instrument or document in
accordance with the preceding provisions of this subsection.
(4) The Academy shall maintain a register of all
instruments or documents to which the seal of the Academy
is affixed.
6 National Police Academy Act, No. 44 of 2011
Branches within 9. The Academy shall consist of such Branches as are
the Academy. from time to time deemed necessary, by the Board.
Meetings and 10. (1) Subject to the other provisions of this Act, the
quorum at Board may regulate its procedure in regard to the meetings
meetings of the
of the Board and the transaction of business at such meetings.
Board.
(2) Five members shall form a quorum at any meeting of
the Board.
Vacancy among 11. No act, decision or proceeding of the Board shall be
members not to invalidated by reason only of the existence of a vacancy
invalidate
among its members or any defect in the appointment of its
proceedings of
the Board. members.
Annual 12. The Board shall as soon as may be practicable,
estimates. submit through the Secretary to the Ministry of the Minister
to whom the administration of the Police Department is
assigned the annual estimates or supplementary estimates,
as the case may be, to the Treasury for the purpose of securing
the necessary budgetary allocation for the Academy.
PART III
STAFF OF THE ACADEMY
The Executive 13. (1) There shall be appointed by the Minister a person
Director. to be the Executive Director of the Academy (hereinafter
referred to as “the Executive Director”) who shall be a qualified
senior officer holding the rank of Senior Deputy Inspector
General of Police or Deputy Inspector General of Police.
(2) The Executive Director shall hold office for a period
of three years from the date of his appointment and shall be
eligible for reappointment, unless he vacates his office earlier
by retirement, death, resignation or removal.
(3) The Executive Director may resign his office as
Executive Director by written communication in that behalf
addressed to the Minister, forwarded through the Secretary
to the Ministry of the Minister to whom the administration
of the Police Department is assigned.
National Police Academy Act, No. 44 of 2011 7
(4) The Minister may, if he thinks it expedient to do so,
by Order published in the Gazette, remove the Executive
Director from office for reasons assigned.
(5) The Executive Director, in respect of whom an Order
under subsection (4) is made, shall vacate is office on the
date of publication of such Order in the Gazette, or on such
other date as may be specified in such Order.
(6) In the event of the person appointed as Executive
Director—
( a) vacating his office or ceasing to be a member of the
Police Department of which he was a member prior
to the expiry of his term of office as Executive
Director, the Minister shall having regard to the
provisions of subsection (1), appoint a qualified
officer as Executive Director, and he shall, unless
he earlier vacates office, hold office for a period of
three years from the date of his appointment and
shall be eligible for reappiontment; or
(b) being temporarily unable to discharge the functions
of his office by reason of ill health, absence from
Sri Lanka or any other reason, the Minister shall
having regard to the provisions of subsection (1),
appoint the person holding the position of Principal
Administrative Officer of the Academy, to act in
his place as Executive Director during such period.
14. (1) The Executive Director shall, subject to the Duties of the
general direction and control of the Board, be charged with Executive
Director.
the direction of the affairs of the Academy and the discharge
of the functions of the Academy. He shall also be charged
with the overall administrative and disciplinary control of
the employees and student officers of the Academy.
(2) The Executive Director may in writing, with the
approval of the Board, delegate to any employee of the
Academy such of his duties as he may from time to time
8 National Police Academy Act, No. 44 of 2011
consider necessary. Any employee to whom such functions
are so delegated shall exercise them subject to the general or
special direction of the Executive Director. Notwithstanding
such delegation it shall be competent for the Executive
Director, where necessary, to continue to discharge such
functions.
(3) The Executive Director may in consultation with the
Board decide on the medical, welfare and recreational
facilities to be provided for student officers by the Academy.
(4) The Executive Director may take necessary measures
for the security and the protection of the Academy with the
approval of the Board.
The Principal 15. (1) The Board shall appoint an officer holding the
Administrative rank of Deputy Inspector General of Police or Senior
Officer of the
Superintendent of Police to serve as the Principal
Academy.
Administrative Officer of the Academy for such period as
may be determined by the Board.
(2) The Principal Administrative Officer of the Academy
shall be responsible to the Executive Director for supervising,
coordinating and facilitating the affairs of the Academy in
accordance with instructions issued by the Executive
Director for that purpose.
Appointment 16. The Board may, subject to the provisions of this
and conditions
Act—
of the staff of
the Academy.
( a) appoint such officers and servants as it considers
necessary for the discharge of the functions of the
Academy and formulate policies to exercise
disciplinary control over, or dismiss, such officers
or servants;
(b) fix the rates at which such officers and servants
shall be remunerated;
(c) determine the terms and conditions of service of
such officers or servants; and
National Police Academy Act, No. 44 of 2011 9
(d) establish and regulate provident funds or schemes,
where applicable, for the benefit of such officers or
servants and make contributions to any such funds
or schemes.
17. (1) At the request of the Board, any officer in the Appointment of
public service may, with the consent of that officer and of public officers
etc. to the staff
the Secretary to the relevant Ministry, be temporarily
of the Academy.
appointed to the staff of the Academy 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 Academy 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 him.
(3) Where any officer in the public service is permanently
appointed to the staff of the Academy 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 Academy 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 Academy 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 Academy for such period as
may be 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.
10 National Police Academy Act, No. 44 of 2011
(6) Where any officer or servant of any Higher Educational
Institution is temporarily appointed to the staff of the
Academy, he shall be subject to the same disciplinary control
as any other member of such staff.
PART IV
THE BOARD OF STUDIES AND THE BOARD OF DISCIPLINE OF THE
ACADEMY
The Board of 18. (1) The affairs of the Academy relating to academic
Studies of the and professional studies shall be vested in the Board of
Academy.
Studies. The Board of Studies shall consist of—
(a) the Executive Director;
(b) the Principal Administrative Officer of the
Academy;
(c) two persons nominated by the Board;
(d) a representative nominated by the Vice-Chancellor
of the University to which the Academy may be
affiliated; and
(e) the heads of various Branches in the Academy.
(2) The Board of Studies shall discharge the functions
assigned to, or conferred on it, subject to the general direction
and control of the Board and any rules which may be made
in that behalf by the Board.
(3) The Board of Studies shall have control and general
direction over the instruction, training, research and
examination of the Academy.
National Police Academy Act, No. 44 of 2011 11
(4) The Board of Studies shall be charged with the exercise,
performance and discharge of the following powers, duties
and functions:—
(a) to identify and recommend to the Board, the courses
of study and the curricula of such courses which
are to be offered by the Academy;
(b) to decide on the degrees, diplomas, certificates and
other academic distinctions which shall be awarded
for the courses of study offered at the Academy;
(c) to identify the training to be followed, the
examinations to be passed and the other conditions
to be satisfied by students who wish to qualify for
such degrees, diplomas, certificates and other
academic distinctions;
(d) to consider and report on any matter referred to it
by the Board;
(e) to present recommendations and reports to the Board
on matters connected with the courses of study,
teaching programmes, research programmes or
examinations being conducted by the Academy;
(f) to appoint committees, which may include persons
not being members of the Board of Studies for the
purpose of considering and reporting on any special
subject or subjects;
(g) to recommend to the Board—
(i) the requirements for the admission of students
to courses of study and examination;
(ii) the persons who are suitable for recognition
as teachers or examiners;
12 National Police Academy Act, No. 44 of 2011
(iii) the persons who, having passed the
prescribed examinations and having satisfied
other prescribed conditions, are eligible for
the award of diplomas, certificates and other
academic distinctions;
(h) to identify the mode and conditions of competition
for fellowships, scholarships, exhibitions, bursaries,
medals and other prizes; and
(i) to name the persons suitable for the award of
fellowships, scholarships, exhibitions, bursaries,
medals and other prizes.
Board of 19. The Board shall, in consultation with the Executive
Discipline. Director, appoint a Board of Discipline consisting of the
following—
(a) the Principal Administrative Officer of the
Academy; and
(b) any other officers who in the opinion of the
Executive Director is required for the effective
settlement of the particular misconduct.
Code of 20. (1) Every student officer shall be subject to the Code
Discipline and of Discipline of the Academy. The Code of Discipline shall
application of
be as prescribed by regulations.
the code.
(2) Any student officer found to be in breach of such
Code or who is found guilty of any breach by the Board of
Discipline, may on recommendation being made by the
Board of Discipline to the effect that the conduct of the
student officer is not conducive to the best interest of the
Academy, be liable to be withdrawn from the course of study,
by the Executive Director.
(3) Every act of misconduct of student officers shall be
reported to the respective Head of Institution of such officer
National Police Academy Act, No. 44 of 2011 13
by the Executive Director in order that disciplinary action
as is deemed necessary in terms of the respective laws and
regulations applicable to such institution, be initiated.
(4) Any student officer who is found to be responsible for
causing damage to government property, wilfully or
negligently, shall be liable to indemnify the Academy for
such damage.
21. (1) The disciplinary control of the staff of the Disciplinary
Academy shall be exercised by the Executive Director or control of the
staff of the
any other officer of the Academy, authorised in that behalf
Academy.
by the Executive Director.
(2) The maintenance of disciplinary control of the staff of
the Academy shall be in accordance with the procedure as
specified by rules made by the Board.
PART V
FINANCE
22. (1) There shall be established a Fund called “the Fund of the
National Police Academy Fund” (hereinafter referred to as Academy.
“the Fund”).
(2) The Board shall have the power to manage, control
and operate the Fund.
23. There shall be paid into the Fund— Payment into the
Fund.
(a) all such sums of money as may be voted from time
to time by Parliament for the management and
administration of the Academy;
(b) all such sums of money as may be received by the
Academy by way of donations, gifts or grants from
any source whatsoever, whether within or outside
Sri Lanka;
14 National Police Academy Act, No. 44 of 2011
(c) all moneys received by way of fees in respect of the
courses of study being provided by the Academy;
and
(d) all such sums of money as may be received by the
Academy in the exercise, performance and discharge
of its powers, duties and functions.
Payment out of 24. There shall be paid out of the Fund—
the Fund.
(a) expenses necessary for the establishment, working
and maintenance of the Academy;
(b) the payment of fees to the visiting lecturers; and
(c) all such other payments as are approved by the
Board as being necessary for the purpose of carrying
out the objective of the Academy.
Audit of 25. (1) The Board shall direct the Accountant appointed
Accounts. in terms of section 26, to keep proper books of accounts and
accounts of all income and expenditure, assets and liabilities
and all other financial transactions of the Academy.
(2) The provisions of Article 154 of the Constitution
relating to the audit of accounts of public corporations shall
apply to the audit of accounts of the Academy.
(3) The financial year of the Academy shall be the calendar
year.
(4) The annual accounts of the Academy shall be prepared
by the Accountant who shall cause the same to be forwarded
to the Board through the Executive Director.
Appointment of 26. (1) The Board shall appoint an Accountant for the
an Accountant. Academy.
National Police Academy Act, No. 44 of 2011 15
(2) The Accountant shall be responsible to the Executive
Director of the Academy for the administration and control
of the Fund of the Academy established under section 22 of
this Act and the other financial matters of the Fund.
27. (1) All student officers and the staff of the Academy Payment of
shall be entitled to such emoluments and allowances as may emoluments.
be stipulated in the relevant institutional pay regulations
applicable to them.
(2) All personnel in the Academy referred to above shall
be entitled to any additional allowances as may be paid to
those appointed to training establishments presently under
their respective institutions.
(3) All personnel of the Academy referred to above may
in addition be entitled to such other additional allowances
as may be determined by the Board from time to time with
the concurrence of the Minister in charge of the subject of
Finance.
(4) The period of training of a student officer in the
Academy shall be deemed to be reckonable service for the
purpose of pension, gratuity and allowances.
28. The Board may with the concurrence of the Minister Borrowing
and the Minister in charge of the subject of Finacne, borrow powers of the
Board.
such sums of money as may be necessary to effectively
discharge the functions assigned to it.
PART VI
GENERAL
29. (1) The Board may make rules in respect of the Board to make
courses of study to be provided for student officers by the rules.
Academy on the recommendation of the Executive Director.
16 National Police Academy Act, No. 44 of 2011
(2) Every rule made under subsection (1) shall be
approved by the Minister upon the making thereof, and shall
be published in the Gazette.
Regulations. 30. (1) The Minister may make regulations for the
purpose of giving effect to the principles and provisions of
this Act and in respect of matters required by this Act to be
prescribed or in respect of which regulations are authorised
or required to be made.
(2) Without prejudice to the generality of the powers
conferred by subsection (1), the Minister may make
regulations in respect of all or any of the following matters—
(a) the management and administration of the affairs
of the Academy;
(b) setting out the Code of Discipline;
(c) any other matter which is to be or may be prescribed
or in respect of which this Act makes no provision
or makes insufficient provision which in the opinion
of the Minister, is necessary for the proper
implementation of this Act.
(3) Every regulation made by the Minister shall be
published in the Gazette and shall come into operation on
the date of such publication or on such later date as may be
specified in the regulations.
(4) Every regulation made by the Minister shall, as soon
as convenient after its publication in the Gazette, be brought
before Parliament for approval. Any regulation which is not
so approved shall be deemed to be rescinded as from the
date of such disapproval, but without prejudice to anything
previously done thereunder.
National Police Academy Act, No. 44 of 2011 17
(5) Notification of the date on which any regulation is
deemed to be rescinded shall be published in the Gazette.
31. (1) No suit or prosecution shall lie— Protection for
action taken
under this Act or
(a) against the Academy for any act which in good
on the direction
faith is done or purported to be done by the of the Academy.
Academy under this Act; or
(b) against any member, officer, servant or agent of
the Academy for any act which in good faith is
done or purported to be done by him under this
Act or on the direction of the Academy.
(2) Any expenses incurred by the Academy in any suit or
prosecution brought by or against the Academy and any
costs paid to, or recovered by the Academy in any such suit
or prosecution shall be credited to the Fund.
(3) Any expenses incurred by any such person as is referred
to in subsection (1) of this section 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 on the diretion of the Academy shall, if the court holds
that such act was done in good faith, be paid out of the Fund,
unless such expense is recovered by him in such suit or
prosecution.
32. The members of the Board and all officers and Members of the
servants of the Academy shall be deemed to be public officers Board and
officers and
within the meaning and for the purpose of the Penal Code.
servants of the
Academy
deemed to be
public officers.
33. The Academy shall be deemed to be a Scheduled Academy
Institution within the meaning and for the purpose of the deemed to be a
Scheduled
Bribery Act and the provisions of such Act shall be construed Institution
accordingly. within the
meaning of the
Bribery Act.
18 National Police Academy Act, No. 44 of 2011
Provisions of 34. The provisions of the Universities Act, No. 16 of
Act, No. 16 of
1978 not to 1978, shall not apply to, or in relation to, the Academy
apply. established by this Act.
Sinhala text to 35. In the event of any inconsistency between the
prevail in case
of inconsistency. Sinhala and Tamil texts of this Act, the Sinhala text shall
prevail.
Interpretation. 36. In this Act unless the context otherwise requires—
“Branch” means a section of the Academy that is
responsible for conducting specialised training
pertaining to a particular subject or field;
“Higher Educational Institution” means a University,
Campus, Open University or University College
established or deemed to be established under the
Universities Act, No. 16 of 1978;
“law-enforcement officers” mean an officer of any
organisation that is statutorily vested with the
responsibility of enforcing laws assigned to them;
“Police Department” means the Sri Lanka Police
Department established under the Police Ordinance,
(Chapter II);
“principal executive officer” in relation to—
(i) a University, means the Vice-Chancellor of that
University;
(ii) an Open University, means the Vice-Chancellor
of that Open University; and
(iii) a University College, means the Director of that
University College; and
National Police Academy Act, No. 44 of 2011 19
“student officers” mean and include officers from the
Police Department, public officers, officers of other
law-enforcement agencies of Sri Lanka and officers
from police services and law-enforcement agencies
outside Sri Lanka who are admitted to the Academy
for training and education.
20 National Police Academy Act, No. 44 of 2011
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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