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Short title and date of operation.
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1. This Act may be cited as the Colleges of Education Act, No. 30 of 1986, and shall come into operation on such date as the Minister may appoint, by Order published in the Gazette
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College of Education Order.
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2.
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(1) The Minister may by an Order published in the College of Education Gazette (hereinafter referred to as ” a College of Education Order. Order “)
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(a) establish a College of Education (hereinafter referred to as “a College”) ]01′ the purpose of conducting courses of study leading to the award of degrees, diplomas and other academic distinctions of the Institute which are recognized as teaching qualifications under the National Institute of Education Act, No. 28 of 1985, and specified in that Order;
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(b) assign a name to such College; and
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(c) specify the location or site which shall be the seat of such College.
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(2) A College of Education Order may at, any time be amended, varied or revoked by the Minister.
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(3) Every Order made under subsection (1) and any amendment, variation or revocation of such Order made under subsection (2) shall be published in the Gazette and shall come into force on such date as may be specified therein and shall, as soon as possible thereafter, be tabled in Parliament.
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(4) Upon the coming into force of a College of Education Order made under subsection (1), a College of Education shall be deemed to have been established under the name assigned to it by that Order.
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(5) Every College established under subsection (1) shall be deemed to have been registered as a College affiliated to the Institute.
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Colleges of Education Board.
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3. There shall be a Colleges of Education Board, (hereinafter referred to as “the Board “), which, subject to the direction of the Minister, shall be the managing authority of the Colleges.
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Constitution of the Board.
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4.
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(1) The Board shall consist of
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(a) the following ex officio members, namely–
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(i) the Secretary to the Ministry of the Minister in charge of the subject of Education;
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(ii) the Chief Commissioner of the Board; and
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(b) six other public officers appointed by the Minister.
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(2) The Secretary referred to in subsection (1) shall be the Chairman of the Board.
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(3) Every member of the Board appointed under paragraph (b) of subsection (1) shall, unless he vacates office earlier by death or by ceasing to be a public officer, hold office for a period of four years from the date of his appointment. to such office:
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Provided that one-half of the members appointed under paragraph (b) of subsection (1) shall retire every second year. For the purpose of securing such retirement the term of office of three of the members first appointed to the Board, so specified by the Minister shall terminate at the expiry of a period of two years from the date of appointment to the Board.
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(4)
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(a) Where a member of the Board appointed under paragraph (b) of subsection (1) dies or ceases to be a public officer, the Minister may appoint another public officer to be a member in place of the member who dies or ceases to be a public officer.
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(b) Any member of the Board appointed under paragraph (a) of this subsection, shall, unless he earlier vacates his office by death or by ceasing to be a public officer, hold office for the unexpired portion of the term of office of the member whom he succeeds.
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(5) Where a member appointed under paragraph (b) of subsection (1) is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Minister may appoint another public officer to act in his place.
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(6) Every ex-officio member of the Board shall hold office as long as he holds the post by virtue of which he is a member of the Board.
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Powers, duties and functions of the Board.
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5. Without prejudice to the generality of the power conferred on it by section 3, the Board shall exercise, perform and discharge the following powers, duties and functions :
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(a) prepare from time to time development plans for the Colleges and submit such plans to the Minister for approval;
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(b) ensure that the development plans as approved by the Minister are implemented;
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(c) advise the Minister from time to time as to the financial provisions to be made in respect of each College;
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(d) prescribe by rule with the concurrence of the Institute, the requirements for the admission of students to the Colleges ;
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(e) select students for admission Ito each College;
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(f) determine with the concurrence of the Institute, the courses of study and the practical training to be provided for students in each College;
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(g) determine with the concurrence of the Institute the additional conditions to be fulfilled by students of the Colleges who have passed the examinations leading to the award of degrees, diplomas or academic distinctions of the Institute prior to the award of any such degree, diploma or academic distinction;
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(h) provide assistance for, and facilitate the establishment of the Colleges;
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(i) Co-operate and collaborate by way of exchange of teachers, students and scholars or otherwise, with Institutions which have objectives that are similar to the Colleges;
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(j) determine the internal ‘Organization of the Colleges; (k) tender advice on the creation of academic posts and other posts as may be required for the purposes of each College;
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(k) tender advice on the creation of academic posts and other posts as may be required for the purposes of each College;
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(l) institute and award fellowships, scholarships, bursaries and medals and other prizes tenable at the Colleges;
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(m) regulate the residence, discipline and well being of the staff and students of the Colleges;
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(n) dismiss any students for any breach of discipline, in accordance with the rules;
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(0) demand and receive fees for the provision of courses and other services at the Colleges, in accordance with any regulations providing for the same;
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(p) improve the educational standards of the schools in the vicinity of the Colleges by enriching their curricula, promoting the use of teaching devices and other activities thereon;
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(q) make rules in respect of the management of the affairs of the Colleges; and
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(r) do all such other acts or things which in the opinion of the Board are necessary for, or conducive or incidental to, the attainment of the objectives of the Colleges.
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Meetings of the Board.
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6.
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(1) The Secretary referred to in section 4(1) shall preside at all meetings of the Board. In the absence of the Secretary, the members present shall elect from among themselves a member to preside at such meetings.
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(2) The quorum for any meeting shall not be less than five members of the Board.
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(3) All questions for decision at any meeting of the Board shall be decided by the vote of a majority of the members present. In the case of an equality of votes, the Chairman or any other member presiding at any meeting of the Board shall, in addition to his ‘Own vote, have a casting vote.
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(4) Subject to the provisions of subsection (2), the Board may regulate its own procedure in regard to its meetings and the transaction of business at such meetings.
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Chief Commissioner of the Board.
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7.
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(1) There shall be appointed a Chief Commissioner of the Board (hereinafter referred to as “the Chief Commissioner”) who shall be the Chief Administrative officer of the Board and the Superintendent of Colleges.
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(2) The Chief Commissioner shall, subject to the general direction and control of the Board, be charged with the supervision of administration of the Colleges and the control of the staff of the Board. He shall also be responsible for the execution of the decisions of the Board.
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(3) The Chief Commissioner shall exercise, perform and discharge such powers, duties and functions as may be delegated to him by the Board.
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Chief Commissioner to administer certain properties vested in the State.
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8. All immovable properties vested in the State under the Assisted Schools and Training Colleges (Supplementary Provisions) Act, No.8 of 1961 and used for the purposes of any College shall, notwithstanding anything in any other law, be deemed to have been and to be, used for a purpose authorized by that Act and an such property shall be managed and administered by the Chief Commissioner for and on behalf of, the State.
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Presidents of Colleges.
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9.
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(1) There shall be appointed a President for each of the Colleges established by a College of Education Order under paragraph (a) of subsection (1) of section 2.
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(2) The President of a College shall be the principal academic and administrative officer of the College and shall, subject to the general direction and control of the Board, be responsible for
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(a) the admission of students to the College in accordance with such rules as may be prescribed in that behalf;
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(b) the provision of instruction and training in such specialties of education as may be specified by the Board with the concurrence of the Institute;
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(c) the maintenance of discipline in the College;
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(d) the provision of amenities for students who have been admitted to the College;
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(e) the promotion of the moral, mental and physical well being of the staff and students of the College; and
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(f) the performance of such other duties as may be prescribed.
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The Staff of the Board and the Colleges.
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10.
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(1) There shall be appointed such staff as may be necessary to assist the Board in the discharge of its functions.
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(2) There shall be appointed to each College, such academic and non-academic staff as may be necessary to assist the President of the College in the discharge of his functions.
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Delegation of powers of the Board to the Chief Commissioner or any Committee of the Board.
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11.
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(1) The Board may delegate to the Chief Commissioner or any Committee of the Board, any of its powers, duties and functions.
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(2) The Chief Commissioner to whom or any Committee to which, any power, duty or function has been delegated under subsection (1), shall exercise, perform and discharge such power, duty or function subject to the direction and control of the Board.
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Academic powers of the Colleges.
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12. Every College established under section 2 (1) (a) shall exercise, perform and discharge the following academic powers, functions and duties:-
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(a) to provide courses of study and training programmes leading to the award of degrees, diplomas and other academic distinctions of the Institute which are recognized as teaching qualifications under the National Institute of Education Act, No. 28 of 1985 ;
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(b) to hold with the concurrence and under the supervision of the Institute, examinations for the purposes of ascertaining students of the College who have reached the standards prescribed by the Institute for the award or such degrees, diplomas and academic distinctions.
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Chief Commissioner to contract on behalf of State.
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13.
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(1) Any contract for the purposes of any College shall be entered into by the Chief Commissioner on behalf of the State.
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(2) In the exercise of any power conferred by subsection (1), the Chief Commissioner shall be subject’ to the direction and control of the Board.
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Restriction on the use of the words ” College of Education. “
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14.
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(1) On or after the date of coming into operation of this Act no educational institute other than an educational institute established under section 2 of this Act, shall be established or maintained by or under a name which contains the words” College of Education “.
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(2) Where there is a contravention of the provisions of subsection (1) in respect of any educational institute, the governing authority or the proprietor of that institute shall be guilty of an offence and shall on conviction by a Magistrate, be liable to a fine of one thousand rupees for each day after the date on which the words” College of Education” was used as its name or part of its name after the coming into operation of this Act.
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Existing Colleges of Education to continue.
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15.
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(1) Every College of Education established and maintained by the Government prior to the date of the coming into operation of this Act shall, notwithstanding anything to the contrary in this Act, be maintained for a period of two months from that date.
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(2) Every Order made under section 2 shall specify the College, if any, referred to in subsection (1) to which the College of Education established by the Order is the successor.
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Regulations.
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16.
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(1) The Minister may make regulations for, and in respect of, all or any of the following matters:
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(a) all matters which are required to be prescribed or in respect of which regulations are required or authorized to be made;
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(b) the general welfare of the staff and students of the Colleges; and
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(c) the administration of the affairs of the Board.
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(2) 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 regulation.
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(3) Every regulation shall, as soon as convenient after 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 its disapproval, but without prejudice to anything done there under.
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(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded, shall be published in the Gazette.
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Interpretation.
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17. In this Act, unless the context otherwise requires “Institute” means, the National Institute of Education established by Act No. 28 of 1985.
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