National Education Commission

(1) The President, subject to the provisions of the Constitution, may, declare from time to time the National Education Policy which shall be conformed to by all authorities and institutions responsible for education in all its aspects.

(2) The National Education Policy includes the following matters : “

Aims and goals of education ; the structure of the educational system preschool. primary, secondary, tertiary, higher, informal, non formal, adult, special, professional and religious; the establishment, location and distribution of educational institutions, including methods and criteria for admission of students and recruitment of teachers; the content of education, including medium of instruction, diversification of curricula, text books and learning materials, the place of religious knowledge, observance and practice, assessment and evaluation, the examination system, certificates, diplomas and academic awards and recognition of qualifications; recruitment, placement, disciplinary control and professional growth of education service personnel, including teachers, para educational personnel, supervisors and administrators; resources for education, including the mobilisation of community participation; and ancillary services for education including mid-day meals, health and dental services, physical education and sports.

(3) The National Education Policy shall be formulated on a consideration of the recommendations and advice made to the President by the National Education Commission established by section 3.

(1) There shall be established a Commission which shall be called the National Education Commission (here in after referred to as the “Commission”).

(2) The Commission shall, by the name assigned to it by subsection (1), be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

(1) The Commission shall consist of the following :”

(2) A person shall be disqualified from being appointed or continuing as a member of the Commission if he is or becomes a Member of Parliament, a member of a Provincial Council or a member of a local authority.

(3) A member of the Commission may resign his office by a letter addressed to the President and such resignation shall take effect upon its acceptance by the President.

(4) The President may, for cause assigned, remove any member of the Commission from office.

(5) The term of office of a member of the Commission appointed under paragraphs (c), (d), (e) and (f) of subsection (1) shall be five years :

Provided that a member appointed by the President to fill a vacancy in the office of any such member of the Commission, shall hold office for the unexpired period of the term of office of the member whom he succeeds.

(6) Where a member of the Commission appointed under paragraphs (c),(d), (e) and (f) of subsection (1) becomes, by reason of illness or other infirmity or absence, from Sri Lanka, temporarily unable to perform the duties of his office, the President may, having regard to the provisions of the paragraph under which he was appointed, appoint a fit and proper person to act in place of that member.

(7) A member of the Commission referred to in para graph (a) or (b) of subsection (1) shall hold office so long as he holds the office by virtue of which he is a member of the Commission.

(8) A member of the Commission shall be paid such remuneration as may be determined by Parliament. The remuneration payable to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during his term of office.

(9) A member of the Commission appointed under para graphs (c), (d) (e) and (f) of subsection (1) who vacates office by effluxion of time shall be eligible for reappointment.

(10) No act or decision or proceeding of the Commission shall be deemed to be invalid by reason only of the existence, of a vacancy among its members or any defect in the appointment of a member thereof.

(1) The President shall appoint a Chairman, a Vice- Chairman (Policy) and a Vice-Chairman (Planning) respectively, of the Commission from among the members of the Commission.

(2) The Chairman or a Vice-Chairman may resign from the office of Chairman or Vice-Chairman, as the case may be, by letter addressed to the President and such resignation shall take effect upon its acceptance by the President,

(3) The President may, for cause assigned, remove the Chairman or any Vice-Chairman from office.

(4) Subject to the provisions of subsections (2) and (3), the term of office of the Chairman shall be his period of membership of the Commission and the term of office of a Vice-Chairman shall be his period of membership of the Commission.

(5) Where the Chairman or a Vice-Chairman of the Com mission becomes, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the President may appoint another member of the Commission to act in his place.

(1) The Chairman shall preside at every meeting of the Commission. In the absence of the Chairman from any meeting of the Commission, any Vice-Chairman present shall preside at such meeting. In the absence of the Chairman, and the Vice-Chairmen from any meeting of the Commission, the members present at such meeting shall elect from among themselves a Chairman for that meeting.

(2) The quorum for any meeting of the Commission shall be eight.

(3) Any question arising for decision at any meeting of the Commission shall be decided by a majority of the votes of the members present and voting. In the event of an equality of votes, the Chairman or the member presiding at such meeting shall, in addition to his vote, have a casting vote.

(4) Subject to the provisions of this section, the Com mission may regulate the procedure in regard to its meetings, and the transaction of business at such meetings.

(1) The seal of the Commission shall be in the custody of the Commission.

(2) The seal of the Commission may be altered in such manner as may be determined by the Commission.

(3) The seal of the Commission shall not be affixed to any instrument or document except in the presence of two members of the Commission and the Secretary all of whom shall sign the instrument or document in token of their presence.

(1) The functions of the Commission shall be”

(2) Without prejudice to the generality of the matters in respect of which recommendations may be made by the Commission under subsection (1), the Commission may make recommendations to the President on the following matters: ”

(1) The Commission shall have the power”

(2) Commission shall as far as practicable utilize the existing infrastructure and facilities for carrying out the surveys, investigations, studies and research referred to in paragraph (a) of subsection (1). No additional infrastructure or new facilities shall be provided for the Commission, that purpose, except on a direction of the President.

(1) The Chairman shall be the chief executive officer of the Commission

(2) The Commission may by resolution, delegate to the Chairman any of the powers conferred on it by this Act other than the power conferred on it by this subsection, and in the exercise of such powers delegated to him, the Chairman shall be subject to the general or special direction of the Commission.

(3)The Chairman shall notwithstanding that he is the chief executive officer of the Commission, be deemed not to be a member of the staff of the Commission.

(4) There shall be a Secretary to the Commission appointed by the President. The Secretary shall be in charge of the day to day affairs of the Commission. The Secretary shall keep a record of the minutes of the meetings of the Commission and shall be entitled to speak at such meetings but shall not be entitled to vote thereat.

(1) The Commission may, subject to the provisions. of this Act”

(2) Rules may be made by the Commission in respect all or any of the matters referred to in subsection (1).

(1) At the request of the Commission any officer the public service may, with the consent of that officer the Secretary to the Ministry of the Minister in charge the subject of Public Administration, be temporarily appointed to the staff of the Commission for such period as may be determined by the Commission with like consent 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 Commission, the provisions of subsection (2) of section 13 of the Transport Board law. No. 19 of 1978, 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 Commission, the provisions of subsection (3) of section 13 of the Transport Board law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(4) Where the Commission 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 Commission by that 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 Commission, 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 Commission for such period as may be determined by the Commission with like consent or 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 Commission and such principal executive officer.

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

(7) In this section, ” Higher Education Institution ” and ” principal executive officer” shall have the respective meanings assigned to them by the Universities Act, No. 16 of 1978.

(a) when required to do so by a court of law, or

(b) in order to comply with any of the provisions of this Act.

(1) For the purpose of enabling the Commission to exercise and discharge any of its powers and functions, under this Act, the Commission or any person authorised in that behalf by the Commission may, by notice in writing, require any person to furnish to the Commission or to the person authorised by the Commission, within such period as shall be specified in the notice, such returns and information as shall be specified in such notice or require any person to be present at any hearing to be conducted by the Commission.

(2) It shall be the duty of any person who is required by a notice under subsection (1), to furnish any return or in formation or to be present at any hearing to be conducted by the Commission to comply with the requirements of such notice within the period specified in such notice, except where such person is prohibited from furnishing such re turns or information under the provisions of any law.

(3) No information contained in a return furnished under subsection (1) in compliance with the requirements of a notice issued under this section shall be published or communicated by the Commission to any other person except with the consent of the person furnishing such return or information or in the course of the discharge of the functions of the Commission.

(4) Every person who gives evidence at any hearing con ducted by the Commission under this Act shall in respect of such evidence be entitled to all the privileges to which a witness giving evidence before a court of law is entitled in respect of evidence given by him before such court.

(1) Every person who”

shall be guilty of an offence under this Act.

(2) Every person who commits an offence under this Act, shall on conviction after trial before a Magistrate, be liable to a fine not exceeding five thousand rupees.

(3) Where an offence under this Act is committed by a body of persons, then,”

shall be deemed to be guilty of that offence :

Provided, however, that a director or an officer of such body corporate or partner of such firm shall not be deemed to be guilty of such offence if he proves that such offence was committed without his knowledge or that be used all such diligence to prevent the commission of such offence.

(a) against the Commission, for any act which in good faith is done or purported to be done by the Commission under this Act: or

(b) against any member, officer or servant of the Commission 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 Commission.

(1) The Minister may make all such regulations as may be necessary for the purpose of carrying out of giving effect to the principles and provisions of this Act.

(2) Every regulation made by the Minister under subsection (1), shall as soon as convenient after its publication in the Gazette, be brought before Parliament for approval. Any such regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval but without prejudice to anything previously done thereunder. Notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.