Higher Education

(a) that Council to comply with such directions; and

(b) the governing authority of any Higher Educational Institute to afford such facilities, and to furnish such information, to that Council or any member or officer thereof as may be necessary to enable that Council to comply with such directions.

(a) the National Council of Higher Education to comply with any order issued to that Council under section 5; and

(b) the governing authority of the Higher Educational Institute to which that order relates to afford all such facilities, and to furnish all such information, to that Council or any member or officer thereof as may be necessary to enable that Council to comply with any such order.

(1) There shall be established a Council which shall be called the National Council of Higher Education (hereafter referred to as the ” National Council “), and which shall consist of the persons who are for the time being members of that Council under this Part of this Act.

(2) The National Council 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 National Council shall have power to acquire, hold, take or give on lease or hire, mortgage, pledge and sell or otherwise dispose of movable or immovable property.

(4) The seal of the National Council shall be in the custody of the Chairman of that Council. The seal of the National Council shall not be affixed to any instrument or document except in the presence of two members of that Council both of whom shall sign such instrument or document in token of their presence.

(1) to advise the Minister on-

(2) to perform such other functions and duties as are specified in this Act.

(a) a Chairman and eight other members all of whom shall be appointed by the Governor-General from among persons of eminence in diverse walks of life, having due regard for the need to include persons of scientific or academic distinction or persons who have achieved distinction in the Arts, Sciences or Technology; and

(b) the following other members: –

(a) if he is an undischarged bankrupt or insolvent; or

(b) if he is convicted of any crime or offence involving moral turpitude; or

(c) if he is, under any law in force in the Island, found or declared to be of unsound mind; or

(d) if he is a member of the Senate or the House of Representatives.

(a) if he is not the Chairman of that Council, by writing under his hand addressed to the Chairman; or

(b) if he is the Chairman of that Council, by writing under his hand addressed to the Governor-General.

(1) The quorum for a meeting of the National Council shall be seven of whom not less than five shall be members entitled to vote.

(2) The Chairman of the National Council shall preside at all meetings of that Council. In the absence of the Chairman from any meeting of that Council, the members of that Council shall elect one of their number to preside at the meeting.

(3) Subject to the provisions of this Act, the procedure for the transaction of business and for the conduct of meetings by the National Council shall be determined in accordance with rules made by that Council under this Act.

(4) All acts done at any meeting of the National Council shall, notwithstanding that it be afterwards discovered that there was some defect in the appointment of a member of that Council or that any such member was disqualified, be as valid as if every such member had been duly appointed and was qualified to be such member.

(5) No proceeding or act of the National Council shall be invalidated by reason only of any vacancy in the membership of that Council.

(6) A meeting of the National Council shall be held at least once in each month, and whenever a written requisition to hold any such meeting is made by the Minister to the Chairman of that Council.

(1) The Chairman of the National Council shall be the chief executive officer of that Council, and shall be a whole-time officer of that Council.

(2) The Chairman of the National Council shall be in control of the day to day administration of the affairs of that Council.

(3) The National Council may, by resolution, delegate to the Chairman any of its powers, functions or duties under this Act or any other written law, other than its powers, functions or duties under sections 29, 30 and 33.

(4) In the exercise, discharge or performance of the powers, functions or duties conferred or imposed on him, or delegated to him, under this Act or any other written law, the Chairman of the National Council shall be subject to the general or special directions of that Council.

(5) The Chairman of the National Council shall, not withstanding that he is the chief executive, and a whole-time, officer of that Council, be deemed not to be a member of the staff of that Council.

(6) The Chairman of the National Council shall be remunerated in such manner as may be determined by the Minister in consultation with the Minister of Finance.

(1) The staff of the National Council shall, subject to the approval of the Minister, consist of the following: –

(2) Subject to the other provisions of this Part of this Act, the National Council-

(3) Rules may be made by the National Council in respect of all or any of the matters referred to in this section, subject to the approval of the Minister.

(1) At the request of the National Council, any officer in the public service may, with the consent of that officer and the Secretary to the Treasury, be temporarily appointed to the staff of that Council for such period as may be determined by that Council with like consent.

(2) Where an officer in the public service is temporarily appointed to the staff of the National Council-

(3) Where the National Council employs any person who has entered into any contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to that Council by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

(4) At the request of the National Council, any officer or servant of any Higher Educational Institute which is a University may, with the consent of that officer or servant and the Vice-Chancellor of that University, be temporarily appointed to the staff of that Council for such period as may be determined by that Council with like consent, or be permanently appointed to such staff, on such terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by that Council and such Vice-Chancellor.

(5) Where any officer or servant of any Higher Educational Institute is temporarily appointed to the staff of the National Council, he shall be subject to the same disciplinary control as any other member of such staff.

(1) The National Council shall have its own Fund.

(2) There shall be paid into the Fund of the National Council-

(3) There shall be paid out of the Fund of the National Council all sums of money required to defray any expenditure incurred by that Council in the carrying on of its business or in the exercise, discharge and performance of its powers, functions and duties under this Act or any other written law, and all such sums of money as are required to be paid out of such Fund by or under this Act.

(1) The National Council shall cause its accounts to be kept in such form and manner as may be determined by the Treasury in consultation with the Auditor-General.

(2) The books of accounts of the National Council shall be kept at the office of that Council.

(3) The financial year of the National Council shall be as determined by that Council.

(1) The National Council shall have its accounts audited each year by the Auditor-General. For the purpose of assisting him in the audit of such accounts, the Auditor-General may employ the services of any qualified auditor or auditors who shall act under his direction and control.

(2) For the purpose of meeting the expenses incurred by him in auditing the accounts of the National Council, the Auditor-General shall be paid from the Fund of that Council such remuneration as the Minister may determine with the concurrence of the Minister of Finance. Any remuneration received from that Council by the Auditor-General shall, after deducting any sums paid by him to any qualified auditor employed by him for the purpose of such audit, be credited to the Consolidated Fund of Ceylon.

(3) For the purpose of this section, the expression ” qualified auditor ” means-

(1) The Auditor-General shall examine the accounts of the National Council and furnish a report-

(2) The Auditor-General shall transmit his report to the National Council.

(1) No suit or prosecution shall lie-

(2) Any expense incurred by the National Council in any suit or prosecution brought by or against that Council before any court shall be paid out of the Fund of that Council, and any costs paid to, or recovered by, that Council in any such suit or prosecution shall be credited to that Fund.

(3) Any expense incurred by any such person as is referred to in paragraph (b) of subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or purports to be done by him under this Act or any Regulations made by the National Council thereunder, or on the direction of that Council, shall, if the court holds that the act was done in good faith, be paid out of the Fund of that Council, unless such expense is recovered by him in such suit or prosecution.

(1) The National Council shall have power to do all such acts or things as may be necessary for, or conducive to, the attainment of its objects.

(2) Without prejudice to the generality of the powers conferred on the National Council by sub-section (1), that Council shall have all or any of the following powers: –

(3) In exercising the power conferred on the National Council by paragraph (b) of subsection (2) in respect of any University, that Council shall, in particular, have due regard to the development of that University, its financial needs and the national purpose which it serves or may serve.

(4) In exercising the power conferred on the National Council by paragraph (d) of subsection (2) in respect of any Higher Educational Institute, that Council shall, in particular, have due regard to the adequacy or otherwise of the staff, housing or student accommodation, and other facilities of that Institute as well as the national manpower requirements. That Council may, for the purposes of the preceding provisions of this subsection, consult the Admissions Committee, if any, of each Higher Educational Institute appointed under paragraph (j) (ii) of section 48 (2).

(1) The National Council shall establish and maintain, at such place in Ceylon as it may deem most convenient, an agency which shall be called the Central Agency for the regulation of Admissions.

(2) The function of the Central Agency for Admissions shall be to regulate and co-ordinate the admission of students to Higher Educational Institutes in accordance with the directions of the National Council.

(1) The National Council may make Regulations in respect of all such matters as it may deem necessary to enable it to effectively exercise, discharge and perform its powers, functions and duties under this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the National Council may make Regulation in respect of all or any of the following matters: –

(3) Every Regulation made by the National Council under this Act shall be submitted to the Minister for his approval, and shall, after such approval, be published in the Gazette.

(4) Every Regulation made by the National Council under this Act which is approved by the Minister and published in the Gazette shall come into operation on the date of such publication, or on such later date as may be specified therein.

(1) On the recommendation of the National Council, the Minister may by Order-

(2) An Incorporation Order shall be published in the Gazette.

(3) No Incorporation Order shall come into force until it is approved by resolution of the Senate and the House of Representatives.

(1) Upon the coming into force of the Incorporation Order, a Higher Educational Institute having the status of a University, with the name and style assigned to it by that Order, shall be deemed to have been established, and by which name the Chancellor, the Pro-Chancellor, the Vice-Chancellor and the members for the time being of the Board of Regents and the Senate shall be deemed to have been constituted a body corporate with perpetual succession and with full power and authority by and in such name-

(2) The powers conferred on a University by the preceding provisions of this section shall, unless otherwise expressly provided by this Act or any appropriate Instrument, be exercised by the Board of Regents.

(1) The purposes of providing, promoting, and developing higher education and research in such branch or branches of learning as is or are specified in the Incorporation Order shall be the objects of a University.

(2) On the recommendation of the National Council, the Minister, may by Order alter-

by amending the appropriate provisions of the Incorporation Order.

(3) An Order amending the Incorporation Order shall be published in the Gazette.

(5) No Order amending the Incorporation Order shall come into force until it is approved by resolution of the Senate and the House of Representatives.

(a) to provide for instruction in any approved branch of learning;

(b) to hold examinations for the purpose of ascertaining the persons who have acquired proficiency in different branches of learning;

(c) to co-operate, by way of exchange of teachers, students and scholars or otherwise, with other Universities or authorities in any part of the world which have objects similar or substantially similar to the University;

(d) to provide post-graduate courses and for this purpose to co-operate with other Universities or authorities in any part of the world in such manner and for such purpose as the University may determine;

(e) to grant and confer degrees, diplomas and other academic distinctions to and on persons who have pursued approved courses of learning in the University and who have passed the examinations of the University;

(f) to admit graduates and students of other Universities to equal or similar degrees and courses in the University on such conditions as may be prescribed by Ordinance and to register them as graduates and students of the University;

(g) to make all necessary arrangements to conduct external examinations for enabling those not instructed at the University itself to obtain degrees and diplomas of the University;

(h) to confer degrees of the University on any persons who are employed by the University as Professors, Readers, Lecturers or otherwise, or who have carried on independent research therein;

(i) to confer honorary degrees or other distinctions on approved persons;

(j) to recognize the examinations and periods of learning or study passed by persons seeking admission to, or by students of, the University at other Universities or places of learning of University status as equivalent to such examinations and periods of study in the University, or such part thereof, as may be prescribed by Ordinance, and to withdraw such recognition at any time;

(k) to erect, equip, and maintain for the purpose of the University, libraries, laboratories and other buildings whether for instructional or residential purposes;

(l) to create, Professorships, Readerships, Lectureships, and such other posts as may be required for the purposes of the University;

(m) to institute and award Fellowships, Scholarships, Exhibitions, Bursaries, and Medals and other Prizes;

(n) to manage Halls of Residence, and to license lodging-houses, for the residence of students of the University;

(o) to regulate and provide for the residence, discipline, and moral, mental and physical well-being of officers, teachers and students of the University;

(p) to demand and receive such fees as may from time to time be prescribed by Regulation; and

(q) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.

(1) Nothing in the provisions of section 38 shall be deemed or construed to prevent religious instruction being given in a University in any manner which may be prescribed by Statute to those willing to receive it by persons approved for that purpose by the Board of Regents.

(2) Nothing in the provisions of section 38 shall be deemed or construed to prevent any person who is lawfully in Ceylon under the authority of a passport or visa granted or issued under the Immigrants and Emigrants Act from being-

(1) Where the Minister is satisfied that a University which is to be established under this Act will be unable to commence to carry out its objects as from the date of its establishment until arrangements, administrative or otherwise, and the appropriate Instruments, which are necessary to enable it to do so are made under this Act, the Minister may, by Order published in the Gazette, authorize the University to postpone such commencement until such date as shall be specified in the Order, and such Order shall be deemed, for the purposes of this Act, to be sufficient authority for the University to postpone the carrying out of such objects until the date so specified.

(2) The date specified in any Order made under sub-section (1) as the date to which a University which is to be established under this Act may postpone the carrying out of us objects may, on or after the date of its establishment but before the first-mentioned date expires, be altered by the Minister by Order published in the Gazette.

(1) The Governor-General shall be ex officio Chancellor of the University. He shall be the head of the University, and shall, when present, preside at any Convocation of the University.

(2) The Minister shall be ex officio Pro-Chancellor of the University. He shall, when present and in the absence of the Chancellor, preside at any Convocation of the University.

(1) The Vice-Chancellor of a University shall be a person of eminence appointed by the Minister out of a panel of at least three names recommended by the National Council.

(2) The Vice-Chancellor shall be a whole-time officer of a University, and shall be the principal executive and academic officer thereof. He shall be an ex officio member and Chairman of the Board of Regents and of the Senate. He shall convene all meetings of such Board, and Senate, and shall, in the absence of the Chancellor, the Pro-Chancellor, and the Vice-Chancellor Emeritus, if any, preside at any Convocation of the University. He shall be entitled to convene, be present at, and speak at, any meeting of any other Authority or body of the University, but shall not be entitled to vote at any such meeting unless he is a member of such other Authority or body.

(3) It shall be the duty of the Vice-Chancellor of a University, in accordance with such directions as may from time to time be issued to him in that behalf by the Board of Regents, to ensure that the provisions of this Act and any appropriate Instruments, are duly observed, and he shall have and may exercise all such powers as he may deem necessary for the purpose.

(4) It shall be the duty of the Vice-Chancellor of a University to give effect, or to ensure that effect is given, to the decisions of the Board of Regents and of the Senate.

(5) The Vice-Chancellor shall be responsible for the discipline of a University.

(6) The Vice-Chancellor of a University shall, unless he earlier vacates office, hold office for a term of five years, or until he has completed his sixty-fifth year, whichever event occurs earlier, and shall thereafter be deemed to have voluntarily retired:

Provided, however, that if, under the preceding provisions of this sub-section, his term of office expires in the course of an academic year he shall continue in that office until the last day of such academic year, and shall thereafter be deemed to have voluntarily retired.

A Vice-Chancellor shall be eligible for reappointment.

(7) If the Vice-Chancellor of a University, by reason of leave, illness, absence from Ceylon, or other cause, is temporarily unable to perform the duties of his office, the Minister may, within a period of fourteen days from the date of such inability, make such arrangements as he may think fit for carrying on the office. Until such arrangements are made, the Secretary thereof shall carry on the routine duties of the office.

(1) At the request of the Minister, any officer in the public service may, with the consent of that officer and the Secretary to the Treasury, be appointed to the staff of the University as the Secretary thereof for such period as may be determined by the Minister with like consent.

(2) The provisions of subsection (2) of section 18 shall, mutatis mutandis, apply in relation to any officer in the public service who is temporarily appointed to the staff of a University as the Secretary.

(3) The Secretary shall be responsible for the custody of the records, property and funds of a University, and shall be the ex officio Secretary of the Board of Regents and of the Senate.

(4) The Secretary of a University shall, 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.

(5) The Secretary shall be the Chief Accounting Officer of a University.

(6) There shall be a Librarian of a University who shall be appointed by the Board of Regents. The Librarian shall be a whole-time officer of the University, and shall exercise, discharge and perform all such powers, functions and duties as may be conferred or imposed on him by this Act or any appropriate Instrument.

(a) the Board of Regents;

(b) the Senate;

(c) the Faculties; and

(d) such other bodies as may be prescribed by Statute to be such Authorities.

(1) The Board of Regents of a University shall consist of the following persons: –

(2) A person shall be disqualified for being appointed a member of the Board of Regents of a University, or from continuing in office as an appointed member of that Board,-

(3) Subject to the provisions of sub-section (4), any appointed member of the Board of Regents of a University shall, unless he vacates office earlier, hold office for a term of three years reckoned from the date of his appointment, and shall be eligible for reappointment:

Provided, however, that if any appointed member of such Board of Regents vacates his office prior to the expiration of his term, his successor shall, unless such successor vacates his office earlier, hold office for the unexpired portion of such term.

(4) An appointed member of the Board of Regents of a University may resign office by writing under his hand addressed to the Chairman.

(5) If any appointed member of the Board of Regents of a University is, by reason of illness or other infirmity or absence from Ceylon or any other cause.

(6) The members of the Board of Regents of a University, other than the Chairman, shall not be entitled to any remuneration but may be paid such allowances as the Minister shall, in consultation with the Minister of Finance, approve.

(7) The quorum for a meeting of the Board of Regents of a University shall be seven, of whom not less than five shall be members entitled to vote.

(8) The Chairman of the Board of Regents of a University shall preside at all meetings of that Board. In the absence of the Chairman from any meeting of that Board, the members thereof shall elect one of their number to preside at such meeting.

(9) Subject to the provisions of this Act, the procedure for the transaction of business by the Board of Regents of a University shall be determined in accordance with rules made by that Board under this Act.

(10) The Board of Regents of a University shall meet whenever necessary so however that they meet on not less than six occasions in each academic year.

(11) The Chairman of the Board of Regents of a University may, whenever he thinks fit, convene a special meeting of that Board.

(1) The Board of Regents of a University shall, subject to the provisions of this Act and of any appropriate Instrument, exercise, discharge and perform the powers, functions and duties conferred or imposed on the University.

(2) Subject to the provisions of this Act and of any appropriate Instrument, the Board of Regents of a University shall have, and may exercise and perform, the following powers and duties: –

Provided that no resolution shall be passed by the Board of Regents in relation to any academic matter unless the Senate has first been given an opportunity of recording and transmitting to such Board its opinion thereon.

In this subsection, ” academic matter ” includes any matter which is subject to the control and general direction of the Senate under section 48.

(3) The Board of Regents of a University may request any Professor or other teacher, or any officer or employee of the University to furnish such Board with such information as it may require in regard to his official duties and functions; and it shall be the duty of such Professor, or other teacher or officer or employee so requested to comply with such request, and to furnish such information.

(4) Any Professor or other teacher, or any officer or other employee, of a University who is dissatisfied with any decision made by the Board of Regents regarding all or any matters relating to his conditions of service may, within one month of such decision being conveyed to him, appeal to the National Council through that Board. The decision of that Council on such appeal shall be final and conclusive.

(1) The Senate of a University shall consist of the following persons: –

(2) The mode of election of a member of the Senate of a University, and his term of office, shall be as determined by Statute.

(3) The quorum for a meeting of the Senate shall be twelve.

(4) The Chairman of the Senate of a University shall preside at all meetings of the Senate. In the absence of the Chairman from any meeting of the Senate, the members thereof shall elect a person from among those present to act in his place.

(5) Subject to the provisions of this Act and of any appropriate Instrument, the procedure for the transaction of business by the Senate of a University shall be determined in accordance with Rules made by the Senate under this Act.

(1) The Senate shall be the academic Authority of a University, and shall have control and general direction of the standards of education and examinations within the University, subject to the provisions of this Act and of any appropriate Instrument.

(2) Subject to the provisions of this Act and of any appropriate Instrument, the Senate of a University shall have, and may exercise and perform, the following powers and duties: –

(1) A University may, from time to time, with the concurrence of the National Council and with the approval of the Minister, establish such number o Faculties as it may deem necessary for the attainment of its objects. The University shall assign a suitable name or designation to each such Faculty. Any such Faculty may be so established whether by the addition of Faculties or by the sub-division or combination of an existing Faculty or of existing Faculties, or otherwise.

(2) The Minister may from time to time, acting on the advice of the National Council, as respects any University,-

(3) Each Faculty of a University shall consist of the following ex officio members, namely all such Professors, Readers, Lecturers, and Assistant Lecturers, of the departments of study comprised in such Faculty as have been confirmed in their appointments as such.

(4) The departments of study to be comprised in a Faculty, and the formation of such departments, shall be prescribed by Ordinance.

(5) There shall be a Dean of each Faculty who shall be the academic and administrative head of such Faculty. The Dean shall be elected by the Faculty from among Professors who have been confirmed in their appointments as such and, where possible, who have been Heads of departments of study comprised in such Faculty for a period of at least two years. The Dean shall, subject to the provisions of any appropriate Instrument, hold office for a period of three years. The Dean shall be eligible for reappointment.

(6) When a Dean of a Faculty goes on leave, the Vice-Chancellor shall appoint an acting Dean to serve for the period of absence of the Dean on leave provided the leave does not exceed three months. But where a Dean resigns or retires or goes on leave for a period exceeding three months or is incapacitated or dies, that vacancy shall be filled within one month by the election of a new Dean by the faculty concerned and the person so elected to fill the vacancy shall serve the remainder of the term of his predecessor.

(7) The Head of a department of study comprised in a Faculty shall be a Professor, or in the absence of a Professor, a Reader or a Senior Lecturer, of the Faculty appointed by the Board of Regents on the recommendation of the Senate.

(a) to consider and report on any matter referred to the Faculty for consideration and report by the Senate;

(b) subject to the control of the Senate, to regulate the teaching and research in the departments of study comprised in the Faculty;

(c) to make recommendations and reports to the Senate on all matters connected with or relating to the courses and subjects of study in the Faculty;

(d) to appoint Departmental Committees, which may include members of other Faculties, for the purpose of considering and reporting on any special subject or combination of subjects;

(e) to recommend to the Senate persons fit and suitable for appointment as examiners.

(1) On the recommendation of the National Council, the Minister may, from time to time by Order published in the Gazette, in this Act refered to as ” a Campus Order “,-

(2) On the recommendation of the National Council the Minister may, at any time, amend, vary or revoke a Campus Order by a subsequent Order published in the Gazette.

(1) There shall be a Campus Board for a Campus of a University which shall consist of the following members, namely,-

(2) The Campus Board of a Campus shall be responsible for the internal administration of the Campus of a University, and may make Rules, with the approval of the Board of Regent in respect of all matters relating to or connected with such internal administration.

(3) Subject to the provisions of sections 42 (5) and 46 (2) (k), the Campus Board of a Campus-

(4) There shall be a Chairman of the Campus Board of a Campus of a University who shall be the administrative head of the Campus. Such Chairman shall be subject to the general direction and control of the Vice-Chancellor.

(5) The Chairman of the Campus Board of a Campus shall be elected by the Board from among such of its members as are Deans of Faculties. His term of office shall be a period of one year reckoned from the date of his election. Such Chairman shall not be eligible for re-election as Chairman until the expiration of a period of two years reckoned from the date of the expiration of his previous term of office as Chairman.

(6) The quorum for meetings of, and the procedure for the transaction of business by, the Campus Board of a Campus shall be prescribed by Rules made by that Board.

(1) Subject to the provisions of this Act, Statutes may be made in respect of all or any of the following matters: –

(2) Every Statute which has been made by the Board of Regents of a University shall be submitted to the Minister through the National Council. The Minister may refer the Statute back to that Board through that Council, or may assent thereto.

(3) Every Statute shall, when assented to by the Minister, be published in the Gazette, and shall come into force on the date of such publication.

(1) Subject to the provisions of this Act and the Statutes, Ordinances may be made in respect of all or any of the following matters: –

(2) No Ordinance shall be made by the Board of Regents of a University in respect of any matter relating to or connected with teaching in, or the examination of, the University unless a draft of such Ordinance has been prepared and submitted to that Board by the Senate.

(3) Any Ordinance made by the Board of Regents shall come into force on such date as shall be specified therein.

(1) Subject to the provisions of this Act and of any appropriate Instrument, the Authorities and other bodies of a University may make Rules-

(2) Any Rule made by any Authority or other body of a University may, at any time, be amended, varied or revoked by a like Rule made by such Authority or other body.

(1) Each Faculty of a Campus or a University may have a union called the Students’ Union, in this Act called a ” Faculty Students’ Union “, consisting of the persons who are for the time being students of that Faculty.

(2) A Faculty Students’ Union shall have a President, a Vice-President, a Secretary and a Treasurer who shall be the office-bearers of that Union.

(1) Each Campus or a University shall have a council called the Students’ Council, in this Act referred to as a ” Students’ Council”, consisting of the following ex office members, namely, the President, the Vice-President, the Secretary and the Treasurer, of each Faculty Students’ Union of that Campus or University.

(2) The functions of the Students’ Council of a Campus or a University shall be-

(1) The schemes of recruitment to the staff of a University shall, subject to the provisions of this Act, be as determined by Regulations made by the National Council.

(2) Where a 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.

(1) Every appointment to a post of Professor or Reader in a University shall be made by the Board of Regents, upon the recommendation of a Selection Committee appointed by that Board. Subject to the condition that at least one-half of the members of that Committee shall also be members of the Senate among whom shall be the Dean of the Faculty and the Professor or Head of the Department to which the appointment is to be made (where such a Professor or Head of Department is himself not a candidate for the post), that Committee shall be constituted in such manner as may be prescribed by Statute.

(2) Every appointment to any post, other than that of Professor or Reader, in a University shall be made by the Board of Regents in accordance with the procedure laid down by Regulations made by the National Council.

(3) Every appointment to a post of Professor or Reader in a University shall, in the first instance, be an acting appointment for a period of one year, and shall be thereafter subject to confirmation by the Board of Regents:

Provided, however, that the preceding provisions of this subsection shall not apply, if the Board of Regents so determines.

(4) Every appointment to a post of teacher, other than that of Professor or Reader, in a University-

(5) The holder of a post of Professor, or Reader, or any teacher, in a University who has been confirmed in his post shall continue in that post until he has completed his sixty-second year, or if he completes his sixty-second year in the course of an academic year, until the last day of such academic year, and shall thereafter be deemed to have voluntarily retired:

Provided, however, that the holder of any such post may, at any time, be suspended pending, or dismissed or compulsorily retired after, an inquiry by the Board of Regents for misconduct, inefficiency or dereliction of duty on a resolution supported by not less than one-half of the number of voting members of the Board of Regents;

And provided further that the holder of the post of Professor may, in special circumstances, be given by the Board of Regents, with the approval of the National Council, extensions of service for a period of one year at a time until he completes his sixty-fifth year and he shall thereafter be deemed to have voluntarily retired.

(6)

Provided, however, that the holder of any such post may, at any time, be suspended pending, or dismissed or compulsorily retired after, an inquiry by the Board of Regents for misconduct, inefficiency or dereliction of duty on a resolution supported by not less than one-half of the number of voting members of the Board of Regents:

And provided further that the holder of any such post may, in special circumstances, be given by the Board of Regents extensions of service for a period of one year at a time until he completes his sixtieth year, and he shall thereafter be deemed to have voluntarily retired.

(7) Every holder of a post in a University who is dismissed or compulsorily retired from his post may appeal against such dismissal or retirement to the National Council whose decision in such appeal shall be final and conclusive.

(8) For the purposes of this section, the term-

(a) who is the holder of a post of Professor, Reader, or any other teacher, in a University means sixty-two; and

(b) who is the holder of any other post in a University means fifty-five:

(1) Every member of the staff of a University, except in such cases as may be prescribed by Statute, shall from the date of his employment on such staff contribute to the provident fund by means of equal monthly deductions from his salary, an amount equal to one-twentieth of his salary; and the University shall, in addition, out of the University Fund, at the same time contribute to the provident fund in respect of every contributor a sum equal to one-tenth of the salary of that contributor.

(2) The Secretary of a University shall open and keep a general account for the provident fund and a separate account in respect of each contributor to that fund. All contributions made by a contributor to the provident fund and all contributions made by the University to the provident fund in respect of that contributor shall be placed to the separate account of that contributor in the provident fund.

(3) The amount lying to the credit of the account of a contributor shall, subject to the provisions of any Statute made in that behalf, accumulate at compound interest at the rate of four per centum per annum until the day on which that contributor completes his age of voluntary retirement; and the account of that contributor shall be closed on that date.

(1) When the account of any contributor is closed as provided in section 68, the Secretary of a University shall, subject to the provisions of section 70, pay to that contributor the full amount lying to the credit of his account in the provident fund.

(2) Where a contributor, before he has completed his age of voluntary retirement, ceases to be employed by a University either on account of ill health or incapacity or on account of the abolition of the post in which he is employed, or voluntarily leaves the service of the University, the Secretary of the University shall, subject to the provisions of section 70, pay to that contributor the full amount which has accumulated to the credit of his account in the provident fund at the date on which he has ceased to be so employed, or on the date on which he voluntarily left, as the case may be.

(3) Where a contributor, before he has completed his age of voluntary retirement, is dismissed or compulsorily retired from the service of a University, the Secretary of the University shall, subject to the provisions of section 70, pay to that contributor the amount contributed by him to the provident fund, together with the accumulated interest thereon up to the date of his dismissal or compulsory retirement, as the case may be.

(4) Where a contributor dies while in the service of a University, the Secretary of the University shall, subject to the provisions of section 70, pay the full amount which has accumulated to the credit of the account of that contributor in the provident fund to the estate of the deceased contributor or to the person lawfully entitled to such amount.

(a) fees to be paid to the University in accordance with the provisions of any appropriate Instrument;

(b) income from endowments;

(c) moneys provided by Parliament as grants in aid of the University;

(d) all other moneys belonging to the University from whatsoever source derived.

(1) The Deputy Secretary to the Treasury shall, as soon as may be practicable after the commencement of each financial year, pay to a University such sums as may be provided by Parliament under the annual Appropriation Act as a grant in aid of the University.

(2) The Deputy Secretary to the Treasury shall, from time to time, pay to a University such moneys as may be provided by Parliament, by way of supplementary vote or otherwise, as a grant in aid of the University.

(3) All moneys paid to a University under the preceding sub-sections shall be applied or expended by the University for all or any of the purposes authorized by this Act or any appropriate Instrument.

(a) to keep the accounts of the University in such form as the Board of Regents shall from time to time direct;

(b) to receive all moneys paid into the University Fund and to credit such moneys to the proper heads of account;

(c) to make all authorized payments;

(d) to prepare, for the consideration of the Board of Regents, such quadrennial estimates as are required by the National Council, the annual financial appropriations for the ensuing financial year and any supplementary estimates under section 80:

(a) subject to the provisions of section 73 (3), the Board of Regents may, unless the National Council otherwise directs, transfer moneys assigned under one head of expenditure to any other head; and

(b) every such transfer shall be reported to the National Council as soon as possible thereafter.

(1) A University shall not grant any bonus or make any gift or division of money to or between any of its members, otherwise than in accordance with Statutes made under the provisions of section 56 (1) (f).

(2) Where the Vice-Chancellor of a University, by virtue of the operation of the provisions of this Act, ceases to hold office prior to the date on which he would but for such provisions have vacated his office, the University may, with the consent of the Minister given after prior consultation with the Minister of Finance, grant him such compensation as may be deemed adequate for loss of career.

(3) A Vice-Chancellor of a University holding office on the day immediately prior to the date of the commencement of this Act who, by virtue of the operation of the provisions of this Act, ceases to hold office may be appointed Vice-Chancellor Emeritus of that University for life by the Governor-General. The Vice-Chancellor Emeritus shall when present, and in the absence of both the Chancellor and the Pro- Chancellor, preside at any Convocation of that University.

(a) to remove his name from the register of registered graduates;

(b) to deprive him of all privileges of the University which he enjoys.

(1) Where the Minister is satisfied that, due to any strike or lock-out or any other cause, the work or administration of any University or any Campus thereof has been seriously dislocated and that the University Authorities have failed to restore normal conditions, the Minister may take all such measures as may be necessary to ensure the restoration of normal conditions in the University or such Campus. Pending the restoration of such normal conditions, the Minister may, by Order published in the Gazette, make all such provision as he may deem necessary in respect of all or any of the following matters relating to such University or Campus thereof: –

(2) Any Order made by the Minister under sub- section (1) shall come into force on the date of its publication in the Gazette, or on such later date as may be specified therein. Any such Order shall, as soon as possible thereafter, be tabled in the House of Representatives, and shall remain in force for a period of three months thereafter unless it is earlier rescinded.

(3) Any Order made by the Minister under sub- section (1) shall, so long as it remains in force, have effect notwithstanding anything to the contrary in this Act or any appropriate Instrument.

(1) On or after such date as may be appointed for the purpose of this section, by the Minister by Order published in the Gazette, no educational institute shall, save as otherwise provided in subsection (3), be established or maintained by or under a name which contains the word ” University ” unless it is a Higher Educational Institute within the meaning of this Act.

(2) Where there is a contravention of the provisions of subsection (1) in respect of any educational institute, each member of the governing authority of that institute shall be guilty of an offence, and shall, on conviction after summary trial before a Magistrate, be liable to a fine of one hundred rupees for each day upon which the word ” University” was used as its name or part of its name.

(3) Nothing in the provisions of subsection (1) shall apply to any educational institute which is established or maintained with the approval of the National Council given under and in accordance with Regulations which that Council is hereby authorized to make in that behalf.

a) any student who was admitted to the Colombo Branch of the University of Ceylon prior to October 1, 1967; and

(b) any student who was admitted to the University of Colombo on October 1, 1967.”.

(1) The Minister, on the recommendation of the National Council, may by Order-

(2) Every Order made under subsection (1) shall be published in the Gazette, and shall come into force on the date of such publication or on such later date as may be specified therein.

(a) terminal courses of higher education in branches of learning for a period of two years, being courses with a practical bias designed to meet the manpower requirements of Ceylon; and

(b) interim or transfer courses of higher education in branches of learning for the said period, being courses designed to equip students to be fit for admission to a University at the end of the said period.

(1) Regulations may be made by the National Council in respect of all such matters as the Council may deem necessary to enable a Junior University College to attain its objects.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the National Council may make Regulations in respect of all or any of the following matters relating to a Junior University College: –

Provided, however, that any Regulation made under this subsection shall not affect students undergoing undergraduate study in any educational institute at the date on which this Act comes into operation.

(1) Notwithstanding anything in the Housing and Town Improvement Ordinance, it shall be lawful for the Minister in consultation with the Minister in charge of the subject of Local Government, if he deems it expedient so to do in order to preserve the amenities of the precincts of a University, to declare by Notification published in the Gazette, that Chapter I of Part II of that Ordinance shall apply, subject to the modifications specified in subsection (2) of this section, to any area of land within the precincts or in proximity to the precincts of a University to which the said Ordinance does not otherwise apply, as if such area were an area comprised within the limits of a local authority.

(2) Upon the publication of any Notification under subsection (1) of this section, the said Chapter shall apply accordingly, subject to the following modifications therein: –

(3) The exercise of any of the powers conferred on the Vice-Chancellor of a University under the provisions of this section shall be subject to the consent of the Board of Regents, and if the Vice-Chancellor refuses to approve any plan, drawing or specification of any building, or to consent to any alteration in any building within the said area on the ground that it will injure the amenities of the precincts of the University, the University shall make compensation to any person for any loss or damage he may sustain in consequence of such refusal; and any person aggrieved by the failure of the University to make such compensation or to make adequate compensation, may appeal to the District Court having jurisdiction in the district in which such area is situated, and the decision of the District Court on any such appeal shall be final and conclusive.

(1) in section 35-

(2) in section 36,-

(1) All teachers, officers and servants in the service of the old University on the day immediately prior to that date who have not on that day completed their sixty-fifth year of age shall be deemed to be teachers, officers and servants in the service of the transferred University, and shall hold their offices with as nearly as may be the same status and on the same terms, including terms relating to salary or wages, the termination of employment, allowances or other benefits as they had or enjoyed in the service of the old University:

Provided that, where a vacancy occurs in the post of Vice-Chancellor of any old University by virtue of the operation of the preceding provisions of this subsection, the Minister shall appoint a person of eminence to fill such vacancy, and such appointment shall be deemed to be an appointment in terms of section 42 (1) of this Act:

And provided, however, that the preceding provisions of this paragraph shall not apply to the Registrar of the old University, who shall cease to hold his post; and provided, further, that the National Council may review, within twelve months of the repeal of a University Enactment, the appointments held by the teachers, officers and other employees of the transferred University and order the abolition of such posts which are found to be superfluous and the termination of service of such persons who are found to be not qualified to hold such posts, with due notice given to them.

(2) All debts, obligations and liabilities incurred and all contracts, deeds, bonds, agreements and other instruments executed or entered into, and all matters and things engaged to be done by, with or for, the old University prior to that date shall be deemed to have been incurred, executed, entered into or engaged to be done by, with or for the transferred University.

(3) All suits, prosecutions, appeals or other legal proceedings, civil and criminal, instituted or which might have been instituted, by or against the old University prior to that date may, subject to the provisions of this Act and of any other written law, be continued or instituted by or against the transferred University.

(4) All decrees or orders made by a competent court in favour of, or against, the old University prior to that date shall be deemed to have been made in favour of, or against, the transferred University.

(5) The University Provident Fund established in respect of the old University by the University Enactment under which it was established shall be deemed to be the University Fund of the transferred University established under this Act.

(6) All property, movable or immovable, which has been vested in, or legally purchased or acquired by, or leased to, or placed at the disposal of, or in any other manner transferred to, the old University, or which is held in trust for the old University, or is in its possession or control at that date shall be held by or in trust for the transferred University, subject to the trusts, charges, liabilities, reservations, servitudes or other encumbrances and on the terms and conditions appertaining, attaching or applicable thereto at that date.

(1) The transferred University shall, if it is practicable to do so, offer such Registrar any post or office in the service of the transferred University with as nearly as may be the same status and on the same terms, including terms relating to salary, the termination of employment, allowances or other benefits, as he had or enjoyed in the service of the old University.

(2) The transferred University shall,-

(3) Such Registrar may, if he is dissatisfied with any determination as to compensation made by the transferred University in respect of him under paragraph (2) of this section, appeal therefrom to the Minister whose decision thereon shall be final and conclusive.

(1) Where the post or office held by such member is abolished the University shall pay him compensation for loss of employment equal to the amount of provident fund contribution which he would have received upon the completion of his full current term of office prior to such abolition:

Provided, however, that the service of such member in the old University was for a period of not less than five years prior to the date of the commencement of this Act:

And provided further that, where the service of such member was for a period of less than the aforesaid five years, such member shall be paid such compensation as may be determined by the transferred University.

(2) Such member may, within twelve months from the date on which he became such member, retire from the service of the University upon his giving to the University at least two months’ written notice of his intention to retire.

(3) Upon the retirement of such member from the service of the University under paragraph (2) of this section, such member may be granted by the University such compensation, by way of gratuity or retiring allowance, as might have been granted if, on the date of his retirement, he had been an officer or servant of the old University in whose employ he was before the date on which he became such member and had been retired by that old University on the ground of the abolition of his post or office; and for the purpose of the grant of such gratuity or retiring allowance, the service of such member under that old University shall be deemed to be service under the University.

(4) Such member may, if he is dissatisfied with any determination as to compensation made by the University under paragraph (1) of this section in respect of him, appeal therefrom to the National Council whose decision thereon shall be final and conclusive.

(1) Notwithstanding anything in any other provision of this Act, the following provisions shall apply during the transitional period pending the establishment of a University under this Act for the purposes of enabling all such arrangements and measures to be made and taken as are necessary to enable the University to commence to function as such, and to carry out its objects, as early as possible after the date of its establishment: –

(a) the National Council, means any member of that Council appointed by the Governor-General; or

(b) a Board of Regents, means any member of that Board appointed by the National Council;

(a) if such Institute is a University, the Board of Regents; or

(b) if such Institute is a Junior University College, such person or body of persons as may be prescribed by Regulation made by the National Council;