Tertiary And Vocational Education

(1) There shall be established a Commission which shall be called the Tertiary and Vocational Education Commission (hereinafter 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 that name.

(1) The general objects of the Commission shall be

(2) In the development of tertiary education and vocational education the Commission shall be guided by the directive principles set out in sub-paragraph (h) of paragraph (2) of Article 27 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

(a) to advise the Minister on the general policy relating to tertiary education and vocational education;

(b) to ensure that the general policy in regard to tertiary education and vocational education is given effect to;

(c) to co-ordinate the system of tertiary education and vocational education ;

(d) to submit reports to the Minister on the financial, staff and other requirements of institutes registered under this part of this Act;

(e) to make or pay, with the approval of the Master grants and subsidies to institutes, persons and establishments registered under this Part of this Act, in respect of any purpose authorized by a Development Plan ;

(f) to determine the facilities necessary to ensure the proper welfare of students and staff of all institutes and establishments registered under this Part of this Act 5

(g) to make rules ; and

(h) to make grants and pay subsidies under contracts to private sector establishments, to conduct specific training programmes in compliance with Development Plans;

(i) to undertake research and development activities in vocational education and training;

(j) to establish and maintain a labour market information systems for collecting, information for the purposes of planning, and providing vocational guidance, in the field of vocational education and training;

(k) to establish and maintain system for quality assurance in vocational education and training including standards in respect of occupational skills, training, programmes, testing and quality management systems.

(l) to do all such other acts which in the opinion of the Commission are necessary for or conducive or incidental to the attainment of the objects of the Commission.

(1) The Minister shall be responsible for the general direction of tertiary education and vocational education and the administration of this Act.

(2) The Minister may from time to time issue to the Commission such general written directions as he may deem necessary in a pursuance of national policy to enable him to discharge effectively his responsibility for tertiary education and vocational education and the administration of this Act:

Provided however, the Minister shall not issue and such directions to the Commission relating to the exercise by the Commission of its powers under section 20 and section 26.

(3) The Minister may from time to time call on the Commission to furnish such information as he may deem necessary relating to its functions and duties.

(4) The Commission shall comply with such directions and the governing authority of every institute, agency and other establishment providing tertiary education and vocational education shall afford such facilities or provide such information to the Commission as may be necessary to enable the Commission to comply with such direction.

(1) The Commission shall consist of the following members :-

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

(3) The President shall in consultation with the Minister appoint one of the appointed Members of the Commission to be the Chairman of the Commission (hereinafter referred to as “the Chairman”).

(4) Subject to the provisions of section 7, every appointed Member of the Commission shall hold office for a period of four years from the date of his appointment to such office”.

(1) The President may after consultation with the Minister by order made in writing remove an appointed member from office without assigning any reason therefor, and thereupon such member shall be deemed to have vacated office.

(2) An appointed member may at any time resign from his office by letter to that effect addressed to the Minister and such resignation shall take effect upon it being accepted by the Minister.

(3) In the event of the vacation of office by death, resignation or removal of any appointed member, the President may in accordance with the provisions of paragraph (h) of subsection (1) of section 6, appoint any other person to succeed such member. Any person so appointed in place of such appointed member, shall hold office during the unexpired term of office of the member whom he succeeds.

(1) The Chairman shall preside at every meeting of the Commission. In the absence of the Chairman from any such meeting the members present shall elect one of the members present to preside at such meeting.

(2) The quorum for any meeting shall be decided by the Commission.

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

(4) The Chairman shall

(5) Subject to the provisions of subsections (3) and (4) the Commission may regulate its own procedure in regard to its meetings and the transaction of business at such meetings.

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

(7) If the Chairman is by reason of leave, illness, absence from Sri Lanka or other cause, is temporarily unable to perform the duties of his office the Minister may appoint one of the members as acting Chairman for such period the Chairman is unable to perform the duties of his office.

(1) The Commission may establish committees to assist it in the performance of its functions and may appoint any such persons as it may deem fit to be members of any such committees.

(2) The Commission may delegate to a committee established under subsection (1) such of its powers as it may deem fit, but shall not be divested of any power which it may have delegated to a committee. The Commission may amend or revoke any decision made by a committee.

(1) There shall be appointed

(2) The Director-General shall be the head of the office of the Commission and be responsible for its administration.

(3) The Director-General shall

(4) In the exercise of the powers vested in him under subsections (2) and (3) of this section, the Director- General shall have the power to make such order as may seem necessary to him.

(5) The Commission shall have the power to amend, revise or revoke any order made by the Director-General.

(6)

(1) At the request of the Commission, an officer in the public service, may with the consent of that officer, the Secretary to the Ministry under which that officer is serving and the Secretary to the Ministry of the Minister in charge of 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 be permanently appointed to such staff.

(2) Where any officer of the public service is temporarily appointed to the staff of the Commission, 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 of the public service is permanently appointed to the staff of the Commission, the provisions of subsection (3) of section 14 of the National Transport Commission Act. No. 37 of the 1991, shall mutatis mutandis, apply to, and in relation to, him.

(4) Where the Commission employs any persons who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period of time, service to the Commission by that person shall be regarded as service to the Government for the purposes of discharging his obligations under such agreement.

(1) The Commission shall have its own Fund.

(2) There shall be paid into the Fund of the Commission –

(3) There shall be paid out of the Fund of Commission all such sums of money as are required to defray any expenditure incurred by the Commission in the exercise and discharge of its powers and functions under this Act and all such sums of money as are required or authorized to be paid out of the Fund of the Commission by or under this Act.

(1) The Commission shall cause proper books of accounts to be kept of the income and expenditure, asset and liabilities and all other transactions of the Commission.

(2) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public Corporations shall apply to the audit of the accounts of the Commissions.

(a) shall be in the custody of such person as the Commission may determine from time to time;

(b) may he altered in such manner as may be determined by the Commission;

(c) shall not be affixed to any instrument or document except in the presence of two members of the Commission authorized in writing in that behalf by the Chairman of the Commission, both of whom shall sign the instrument or document in token of their presence.

(1) No action or prosecution shall be Instituted-

(2) any expenses incurred by this Commission in any action or prosecution brought by or against the Commission before any court shall be paid out of the Fund of the Commission and any costs paid, to or recovered by the Commission, in any such action or prosecution shall be credited to the Fund of the Commission

(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any action or prosecution brought against him before any court in respect of any act which is done, or purposed to be done, by him under this Act or on the direction of the Commission shall, if the court holds that such act was done in good faith, he paid out of the Fund of the Commission, unless such expenses are recovered by him in such action or prosecution.”.

(1) The Commission shall, from time to time in according with the guidelines including criteria for eligibility or entry requirements issued by the Minister prepare a plan or plans as the case may be, for the development or tertiary education and vocational education in. Sri Lanka. The Minister shall with his report thereon submit such plan or plans to the President for approval.

(2) The President may in consultation with the Minister approve such plan or plans with or without amendments.

(3) Each such plan approved under subsection (2) by the President, shall be published in the Gazette by the Minister as a Tertiary Education and Vocational Education Development Plan (in this Act referred to as “the Development Plan”). The Commission shall be responsible for giving effect to all Development Plans.

(4) Upon a request by a Chief Minister of a Province. the Minister may direct the Commission to prepare a plan under subsection (1) for the development of tertiary education and vocational education in the said Province. The President shall before making a determination under sub section (2) consult the Chief Minister thereof.

(5) The Commission may with the approval of the Minister make any grants or pay any subsidy in respect of any purpose authorized by a Development Plan.

(6) The general institutions for the provisions of tertiary education and vocational education or tertiary education or vocational education shall be Regional Colleges, Technical Colleges and Shilpayathanas.

(7) The provisions of this section shall not apply in respect of the University Grants Commission established under the Universities Act, No. 16 of 1978.

(1) The Commission may under subsection (1) of section 11 prepare plans for any nationally recognized system of tertiary education awards and vocational education awards, including the recognition of any registered examination an examination for such purpose.

(2) Whenever a Development Plan includes a scheme of awards referred to in subsection (1), such scheme of awards shall be recognized as a national tertiary education and vocational education award.

(1) A Development Plan may specify a tertiary education course or vocational education course conducted by any person or establishment other than

as a specified course.

(2) The Minister may by Order published in the Gazette appoint a date from which such course will be deemed to be a specified course for the purposes of section 15.

(1) No person shall, establish, manage, run or control any institute for the provision of tertiary education and vocational education, or tertiary education or vocational education without being registered under this Act,

(2) Any development plan may classify the categories of persons and establishments providing tertiary education and vocational education or tertiary education or vocational education as the case may be, for the purpose of registration under subsection (1).

(3) Application for registration shall be made to the Director-General. On receipt of such application the Director-General shall submit a report on the suitability of the institute including the facilities available, and the adequacy of the staff of the institute to the Commission.

(4) Where the Commission is satisfied on the report submitted by the Director-General, that the institute Is able to adequately provide tertiary education and vocational education or tertiary education or vocational education as the case may be, in conformity with the Development Plans, the Commission shall approve such application. Upon the approval the Director-General shall register such institute, under such name and style specified by the Commission. The Commission shall also specify the governing authority of the institute and the appropriate category under which the institute is to be registered.

(5) The Director-General shall cause to be published in the Gazette from time to time a list of the institutes registered under subsection (4), and such other particulars, relating to those institutes as are prescribed.

(6) Provisions of this section shall not apply to

(1) No person or establishment shall conduct any tertiary education and vocational education course or tertiary education course or vocational education course being a specified course without being registered under this Act.

(2) Application for registration shall be made to the Director-General. On receipt of such application the Director-General shall submit a report on the suitability of the person or establishment including the facilities available and the adequacy of the staff of the person or establishment to the Commission.

(3) Where the Commission is satisfied on the report submitted by the Director-General, that the person or establishment is able to adequately provide tertiary education and vocational education or tertiary education or vocational education as the case may be in conformity, with the Development Plan the Commission shall approve such application. Upon approval the Director-General shall register such person or establishment, under such name and style specified by the Commission. The Commission shall also specified the governing authority of the establishment or person and the appropriate category under which the establishment or person is to be registered.

(4) The Director-General shall cause to be published in the Gazette from time to time a list of the persons or establishments registered under subsection (3), and such other particulars relating to those establishments or persons as are prescribed.

(1) No person or establishment shall conduct any examination for conferring or granting any tertiary education award or vocational education award, without being registered with the Director-General under this Act:

Provided however, the provisions of this subsection shall not apply in respect of

(2) There shall be prescribed the information to be furnished for the purpose of registration under the provisions of this section.

(3) Application for registration shall be made to the Director-General and the Director-General shall forward to the Commission all applications which are in conformity with the prescribed procedure.

(4) The Commission shall approve all applications which conform to the prescribed procedure. Upon approval the Director-General shall register such examination.

(5) The Director-General shall cause to be published in the Gazette from time to time a list of the examinations registered under subsection (4).

(1) The Commission may exercise the following powers in respect of any institute registered under section 14 and any persons and establishments registered under section 15.

(2) The Minister may on the advice of the Commission by Order published in the Gazette specify the number of students to be trained in respect of any particular course of study or training and the reasons for so specifying. Upon the publication of such Order the Commission may deter mine in accordance with the provisions of such Order the number of students to be admitted for such specified course, in all institutes registered under section 14 and by any person or establishment registered under section 15.

(a) to call for information and returns from

(b) to enter and inspect the premises of a registered institute, person or establishment, or any premises where any specified course is being conducted.

(1) The Commission shall have the power to cancel a registration granted under section 14 or section 15 on any one or more of the following grounds:

(2) The Commission may from time to time direct the Director General to inquire and to submit a report to the Commission as to the cancellation of the registration of any registered institute or any person or establishment conducting a specified course on any of the grounds specified in subsection (1) :

Provided the Commission may with the approval of the Minister appoint any other suitable person to conduct such an inquiry where

(3) The Director-General or any other person conducting the inquiry shall, after due notice to affected parties, conduct an inquiry and submit a report to the Commission on the findings of the inquiry and the recommendations with copies to the affected parties.

(4) On receipt of the notice under subsection (3) the Commission may by notice sent to the party affected, require him, within such time as specified in the notice, to show cause why his registration should not be cancelled and whereas such party fails to dc so within the time specified, the Commission may cancel the registration.

(5) Where on receipt of a notice under subsection (4), the party fails to show cause to the satisfaction of the Commission, the Commission may by order, cancel the registration, subject to an appeal to the Court of Appeal under section 21.

(6) The order made under subsection (5) shall take effect-

(1) Notwithstanding anything contrary in any other law, any Institute of Higher Learning may, in accordance with any Development Plan and with the approval of the relevant Minister if any and the Minister, award associate degrees in such specified branches of learning.

(2) Any Institute of Higher Learning empowered to award associate degrees under the provisions of subsection (1), shall subject to the provisions of subsection (4) of section 25 have the following powers :

(1) The Minister may, in accordance with any Development Plan, by Order published in the Gazette recognize any institute other than an Institute of Higher Learning as an associate degree institute for the purpose of awarding associate degrees in such branches of learning as are specified therein.

(2) The order under subsection (1) shall specify

(3) In addition to such powers as may be specified in the Order made under subsection (1), an institute shall also have the power

(1) There shall be established an Associate Degree Committee (hereinafter referred to as “the Committee”) of the Commission which shall consist of the following persons:

(2) The members of the Committee shall hold office for a period of four years.

(3) The Minister shall before making an order under the provisions of subsection (1) of section 24 obtain a report from the Committee in relation to such institute including the educational facilities provided thereto.

(4) The Committee shall exercise the following powers :

(5) For the purpose of this section ” institute ” includes Institute of Higher Learning, Associate Degree Institute, and affiliated colleges.

(1) The Minister may on the recommendation of the Commission revoke any order made under section 24.

(2) The Commission may recommend the revocation of any such order in respect of any associate degree institute on any one or more of the following grounds:

(3)

(4) The Minister May, subject to the provisions of section 27, on the receipt of the recommendation after a lapse of six weeks by notice published in the Gazette revoke the said order.

(5) The Minister may make an order under subsection (1) of section 26 on the recommendation of the Commission

(1) The Minister may make regulations in respect of matters for which regulations are authorized or required to be made by this Part of this Act.

(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.

(3) 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 disapproval, but without prejudice to any thing previously done thereunder.

(4) Notification of the date on which any regulation is deemed to be so rescinded shall be published in the Gazette.

(1) The Director-General may apply to court for an order under the provisions of subsection (3), whenever,

(2) Any certificate issued by the Director-General to the effect that

shall be prima facie evidence of the fact stated therein.

(3) The courts shall after inquiry and being satisfied that

make an order prohibiting either

(4) The Director-General may apply to court for any interim order to prevent the violation of the provisions of sections 14, 15, 16 and 24 until an application made under subsection (1) is determined by court and the court may make such order as it deems fit for such purpose.

(1) The Minister may for a period not exceeding one year from the date of commencement of this Act exempt any institute or any category of institutes from registration under the provisions of section 14.

(2) The Minister may prescribe by any interim regulation, for registration of institutes under the provisions of section 14, for the registration of examination under the provisions of section 16 and such regulation shall take effect either for a period not exceeding three years from the commencement of this Act or the publishing of the relevant development plan, whichever happens earlier.

(1) The Commission shall from time to time report to the President and the Minister the measures taken to give effect to the development plans.

(2) The Commission shall, before the expiry of a period of six months after the closure of each financial year transmit a report giving full account of its activities during that year to the Minister who shall cause copies thereof to be tabled in Parliament.

(a) the Kotalawela Defence Academy established by the Kotalawela Defence Academy Act, No. 68 of 1881;

(b) the Buddhist and Pali University established by the Buddhist and Pali University Act, No. 74 of 1981; and

(c) Universities and other Higher Education Institutes established under the provisions of the Universities Act, No. 16 of 1978.

(a) recognized for the purpose of further study in a University or similar institution; or

(b) recognized for the purpose of engaging in an occupation; and

(1) There shall be established an Authority which shall be called the National Apprentice and Industrial Training Authority (hereinafter in this Part referred to as ” the Authority “) and which shall consist of the persons who are for the time being appointed as members of the Authority under section 39.

(2) The Authority 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 ‘re sued in such name.

(1) The objects of the Authority shall be

(a) conduct National Trade Tests in those fields that have been approved by the Minister;

(b) the training and control of training of instructors in respect of vocational training ;

(c) prevision of in plant training for all tertiary level educational institutes;

(d) preparation of schemes of training for in plant training;

(e) implement such measures as are approved by the Minister for the development of the training capacity of training establishments;

(f) establish and manage with the approval of the Minister, any institute or centre for vocational training;

(g) advise the Minister on any matter when so directed by the Minister;

(h) determine different categories of trainees including apprentices; and

(i) do ail such other things which in the opinion of the Authority, are necessary to facilitate the proper carrying cut of its objects or the performance of its duties.

(1) The Authority shall consist of the following members to be appointed by the Minister : of the

(2) All members of the Authority, other than the ex-officio member, shall be appointed for a period of four years.

(3) The Chairman and the Vice Chairman shall exercise such powers as are delegated to them by the Authority.

(4) The Minister may, if he considers it expedient so to do, remove, by order published in the Gazette any member of the Authority other titan the ex-officio member without assigning any reason therefor, and such removal shall not be called in question in any court.

(5) A member of the Authority in respect of whom an order under subsection (4) is made by the Minister, shall vacate his office on the date of the publication of such older in the Gazette.

(6) Any member of the Authority other than the ex- officio member may at any time resign from his office by letter to that effect addressed to the Minister and such resignation stall take effect upon it being accepted by the Minister.

(7) Where any member of the Authority other than the ex-officio member dies, resigns or is removed from office, the Minister may, having regard to the provisions of subsection (]) of this section, appoint any other person to be a member in place of the member who dies, resigns or is removed from office. Any person so appointed in place of such member, shall hold office during the unexpired part of the term of office of such member whom he succeeds.

(1) The seal of the Authority shall be in the custody of the Chairman of the Authority and may be altered in such manner as may be determined by the Authority.

(2) The application of the seal of ‘the Authority shall be authenticated by the signature of the Chairman of the Authority, and any other officer of the Authority authorized by the Authority to authenticate the application of the seal.

(1) The meetings of the Authority shall be held once at least in every two months.

(2) The quorum for any meeting of the Authority shall be as determined by the Authority by rules made in that behalf.

(3) The Chairman, of in his absence the Vice-Chairman, or in the case of the absence of both, a member chosen by the members present, shall preside at every meeting of the Authority.

(4) All questions for decision at any meeting of the Authority shall be decided by the vote of ”.he majority of the members present. In case of an equality of votes, the presiding officer shall have a casting vote.

(5) Subject to the preceding provisions of this section, rules may be made under ‘this Act in respect of the meetings of the Authority, (the procedure to be followed, and the business to be transacted, at such meetings.

(1) The Authority may establish committees to assist the Authority in the discharge of its functions. The members of any such committee shall be appointed by The Authority.

(2) The Authority may delegate to any committee appointed by the Authority under subsection (1) any of its functions so, however, that such delegation shall not be deemed or construed to preclude the Authority from discharging any such function so delegated. The Authority shall have the power to amend or revoke any decision made by any committee in consequence of such delegation.

(3) The members of any committee may receive such remuneration or allowances as may be determined by the Minister out of the Fund of the Authority.

(1) The Minister may, from time to time, give special or general directions to the Authority in regard to the general policy on vocational training, and such other matters as he may deem appropriate and it shall be the duty of the Authority to comply with such directions:

Provided that the Minister shall, in issuing directions under subsection (1) with regard to any matter affecting the subjects or functions assigned to any other Minister,in consultation with the Minister.

(2) Directions given under subsection (1) shall conform to Development Plans prepared under this Act.

(1) The Authority may appoint to the staff of the Authority such officers and servants as the Authority may deem necessary,

(2) Subject to the other provisions of this Act, the Authority may

(3) Rules may be made under this Act in respect of all or any of the matters referred to in subsection (2).

(1) At the request of the Authority any officer in the public service may, with the consent of that officer and the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Authority for such period as may be determined by the Authority 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 Authority, 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 Authority, 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 Authority 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 Authority by that person shall be regarded as service to the Government for the purpose of discharging the obligations to such contract.

(1) The Authority may appoint any officer or servant of the Authority by name or by office, to be an inspector for the purposes of this Act:

(2) Every inspector shall be furnished with a certificate of appointment as an inspector by the Authority. Such certificate shall be in such form as may be provided by rules made under this Act, and shall, if so required when within any establishment, be produced by the inspector to the occupier or person holding a responsible position of management at the establishment.

(1) Subject to any rules made in that behalf, an inspector shall have power to do all or any of the following Acts:

(2) The owner or occupier of any establishment, his agents and servants shall at all times furnish the means or facilities required by an inspector as are necessary for the purpose of exercising his powers under subsection (1).

(1) There shall be established a fund called the ” National Apprentice and Industrial Training Fund”, (hereinafter in this Act referred to as ” the Fund “) which shall consist of

(2) There shall be paid out of the Fund

(3) Any expenditure determined by the Minister on the advice of the Authority as necessary for the provision of training under this Part of this Act, shall be deemed to be approved expenditure for the purpose of the provisions of subsection (2).

(1) The financial year of the Authority shall be the calendar year.

(2) The provisions of Article 154 of the Constitution relating to the audit of accounts of public corporations shall apply to the audit of the accounts of the Authority.

(1) The Minister may direct the Commission In accordance with the provisions of section 11 to prepare a development plan for the development of vocational training in Sri Lanka.

(2) The Development Plan referred to in subsection (1) may provide for

(3) It shall be the duty of the Authority to act in compliance with the Development Han and where the Authority fails to act in accordance with such Plan, the Commission may, with the consent of the Minister, issue orders for the revision or amendment of any instructions issued by the Authority contrary to such Plans, and the Authority shall comply with such orders.

(4) The Minister shall, in consultation with the Commission and in accordance with any Development Plan, prescribe the certificates to be awarded by the Authority.

(1) The Minister shall from time to time prescribe by regulations the occupations in respect of which initial training may be provided.

(2) The regulations under subsection (1)’ shall provide

(3) The Authority shall in accordance with the regulation issue Training Orders specifying the syllabus, time table and any other matter pertaining to initial training in respect of that trainee occupation.

(4) Where the recognition of a trainee occupation is revoked by the Minister, but the contract of initial training Is not terminated, the provision hitherto in force shall apply to such contract.

(1) Provision may be made in the Training Orders issued under section 60 for part of the initial training to be provided in suitable institutions outside the training places, if and in so far as such an arrangement is considered necessary and conducive by the Authority for the provision of such training,

(2) The Authority may enter into an agreement with any institution, for imparting of general and vocational education for any trainees selected for initial training, under the provisions of this Part of this Act.

(1) Initial training for a trainee occupation, shall be given only in accordance with the relevant Training Order,

(2) Initial training in occupations other than a trainee occupation shall not be provided for young persons under eighteen years of age, unless it is intended to prepare them for a subsequent course of instruction.

(3) With the object of developing and assessing new forms of training and new occupations in respect of which initial training may be given, the Minister may, from time to time on the advice of the Authority and in consultation with the Commission, make regulations under subsection (2) of section 60 prescribing occupations in respect of which initial training may be provided.

(a) if he is under the age of sixteen years; and

(b) unless he satisfies the prescribed standards of education and physical fitness applicable in the case of the particular trainee occupation or any other occupation in respect of which training is to be given, and which he intends to follow.

(1) Any employer who intends to engage a trainee for purposes of providing initial training to such trainee shall prior to engaging him, enter into an initial training contract (hereinafter referred to as ” the contract”) with such trainee and register such contract with the Authority.

(2) It shall be the obligation of all employers who intend engaging trainees to inform the Authority of the number and nature of vacancies available in his establishment for engaging trainees.

(1) The contract referred to in section 64 shall be in writing, and may contain any one or more of the following particulars, to be determined by the Authority :

(2) The contract shall be signed by the employer (here in after referred to as “the training employer”) and the trainee, and where he is under the age of majority by his legal representative.

(3) The training employer shall immediately after signing the contract provide the trainee or his legal representative as the case may be, with a copy of the signed contract.

(4) The provisions of subsections (2) and (3) shall apply, to and in relation to any amendments that may be made.

(1) An initial training period shall begin with a period of probation and end on the expiry of the period of training as specified in the contract: Provided however, where a trainee passes his final examination before the expiry of his period of training, his period of initial training shall end on his passing the examination.

(2) Where a trainee fails his final examination, his contract shall, if he so requests, be extended until the next occasion on which he can sit for the examination, subject to a maximum period of one year.

(1) A training employer shall make an application to the Authority to have a contract entered into with a trainee to be entered in the register as soon as the contract is concluded. He shall attach a copy of the contract to his application. The same shall apply, mutatis mutandis, where the essential stipulations of the contract are amended.

(2) Every training employer shall give notice to the Authority

(1) The Authority may, where it deems fit, and taking into consideration the employment opportunities available, and with the approval of the Minister make an. order published in the Gazette specifying the maximum number of contracts that could be registered in respect of each trainee occupation.

(2) Any employer who intends entering into a contract with a trainee shall, prior to entering into such contract, check with the Authority as to whether the maximum number of contracts in that particular trainee occupation has been registered with the Authority.

(3) Any aggrieved party whether an employer or a person who wish to be trained as a trainee as the case may be, may appeal to the Minister and on appeal the Minister may amend or set aside the decision of the Authority in regard to subsection (1).

(1) Every contract and every amendment of its essential stipulations, shall be entered in the register if

(2) The Authority may refuse to enter in the register a contract where the conditions specified in the provision specified hereinbefore are not fulfilled and the shortcomings are not remedied, as provided in subsection (2) of section 70.

(1) The contract may be terminated after the expiry of the period of probation, only if an application for termination is made to the Authority and the Authority allows such application.

(2) The procedure for making such application and the conduct of any inquiry in respect of such application and the grounds for allowing such application shall be as prescribed.

(3) Where the Authority makes an order allowing an application for termination of a contract made under sub section (1) on the ground that any one party to the contract has failed to carry out the terms and conditions of such contract, then

(4) Any party aggrieved by the decision of the Authority may appeal against such decision to the Secretary to the Ministry of the Minister.

(1) Any agreement or contract restricting a trainee to his pursuit of a trainee occupation after the end of his initial training period shall be null and void:

Provided however the provision shall not apply to any agreement entered into by any trainee and a training employer, whereby such trainee commits himself during the last three months of the contract to

(2) Any agreement outside the contract

shall be null and void.

(3) Any contract or agreement entered into, without complying with the provisions of this Part of this Act, shall be null and void.

(1) A training employer shall

(2) A training employer shall allow a (trainee necessary time for pursuing his studies and to sit for his examination.

(3) The provisions of this section shall also apply where training programmes have to be followed outside the training place.

(a) perform carefully the jobs entrusted to him as part of his training ;

(b) take part in training programmes for which he has teen granted time office under subsection (2) of section 75;

(c) comply with the instructions given to him as part of his training by the training employer, or any training officer entitled to give him such instructions ;

(d) have regard for the rules of behavior observed in the training place;

(e) use tools, machinery and other installations with due care; and

(f) not reveal any business or trade secrets.

(1) The Authority shall monitor the development of training places and submit a report to the Commission and the Minister, by the thirty first of March, each year. The report shall describe the probable further development of the supply of training places during the years ahead and where there are indications that a balanced supply of training places may be put at risk, the report shall also include proposals for remedying such situation.

(2) The report referred to in subsection (1) shall further include the (following details :

(1) No employer shall engage any persons as trainees unless

(2) Training premises where, the necessary knowledge and skills cannot be imparted in their entirety, shall be deemed to be suitable if the shortcomings can be remedied by means of training programmes conducted outside the premises.

(1) Further training shall be designed to enable a person to maintain or extend his vocational training and abilities and adapt himself to technical development or obtain promotion In any field of trainee occupation in which he had already received an initial training.

(2) The Authority may in accordance with guidelines provided for in the Development Plan prepare schemes for further training.

(3) The Authority, in consultation with the establishment which may request for further training on behalf of its employees shall determine the subject matter, standards, procedure and conduct of such examinations, and shall constitute boards of examiners for such purpose.

(4) The Authority may hold examinations, or authorize other agencies to hold examinations on its behalf, in order to test the knowledge, skills and experience acquired as a result of further training.

(1) Re-training shall be designed to qualify a person for training in any trainee occupation, other than in the trainee occupation in which he has already received an initial training.

(2) Re-training schemes shall, as regard their subject matter, nature, purpose and duration, correspond to the special requirements relating to any field of vocational training.

(3) Every re-training scheme shall be in accordance with guidelines provided for in the Development Plan.

(4) The Authority shall determine the subject matter, purpose, standards, procedure and conditions of admission for such examinations, and shall establish boards of examiners for the purpose.

(5) The Authority may hold examinations to test the knowledge, skills, and experience acquired as a result of re-training. Such examinations shall correspond to the special requirements relating to the relevant field of vocational training.

(1) The Authority shall have the power to hold National Trade Tests in accordance with any Development Plan.

(2) The Authority shall conduct the National Trade Test or shall authorize any other agency to hold such National Trade Test under the direction of the Authority.

(3) In accordance with the Development Plan and subject to the direction and control of the Commission, the Authority shall implement a scheme to issue certificates to those who have successfully completed National Trade Tests and acquired the required skills and proficiency in the particular trade.

(1) There shall be levied and paid for each year a training cess in respect of every establishment specified in any Training Levy Order made under subsection (2).

(2) The Minister may, with the consent of the Minister in charge of the subject of Finance, make a Training Levy Order. Such Order shall be published in the Gazette.

(3) The Training Levy Order may specify:

(4) Where the training cess for any year due in respect of any establishment subject to the cess is not paid to the Authority, the Authority may in its discretion order that a sum not exceeding fifteen per centum, of the amount of the cess be added to the cess and recovered therewith. Any sum so added to the cess: shall be deemed to constitute a part of the cess.

(5) Where the training cess for any year due in respect of any establishment subject to the cess is not paid to the Authority such cess may be recovered by the Authority in like manner as though it were a debt due to the State.

(6) Provisions of subsections (2) and (3) of section 96 shall apply, mutatis mutandis, in respect of such order.

(1) Every employer shall maintain records of the progress of training of each trainee undergoing vocational training in his establishment, in such form as may be prescribed.

(2) Every employer shall furnish to the Authority, such information and returns in respect of trainee undergoing training in his establishment, in such form and at such intervals as may be prescribed.

(1) No suit or prosecution shall lie

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

(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 is purported to be done by him under this Act or on the direction of the Authority shall, if the court holds be paid out of funds of the Authority unless such expense is recovered by him in such suit or prosecution.

(1) If any training employer

such training employer shall be guilty of an offence under this Act, and shall, on conviction after summary trial before a Magistrate, be liable to a fine not exceeding one thousand rupees or to imprisonment of either description for a term not exceeding six months, or to both such fine and imprisonment.

(2) If any training employer or any other person

(a) if that body is a body corporate, every director of that body corporate shall be deemed to be guilty of that offence, and

(b) if that body is a firm, every partner of that firm shall be deemed to be guilty of that offence:

(1) The Minister may make regulations in respect of matters for which regulations are authorized to be made by this Act.

(2) In particular and 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:

(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 regulation.

(4) Every regulation made by the Minister shall, as soon as convenient after the publication in the Gazette, be brought before the Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval, but without prejudice to any thing previously done thereunder.

(1) The National Apprenticeship Act, No. 49 of 1971, hereby repealed.

(2) Notwithstanding the repeal of the aforesaid Act

(1) The Authority may with the permission of the Minister for a period of two years from coming into operation of this Act enter into contract of Apprenticeship and the provisions of the National Apprenticeship Act, No. 49 of 1971, shall apply to the said contracts as if the said Act has not been repealed.

(2) The Minister may for a period of not exceeding two years from the commencement of this Act authorize the Authority to exercise any power, function or duty in the absence of any Development Plan.

(3) The Minister may, for the purpose of facilitating the transfer of functions from the National Apprenticeship Board to the Authority and for making provisions for any unforeseen difficulty make transitional orders, which will have effect for a period of not more than two years from the commencement of this Act, notwithstanding anything to the contrary in the provisions of this Act.