UNIVERSITIES

(1) There shall be established a University Grants Commission (hereinafter referred to as the Commission ), which shall consist of the persons who are for the time being members of the Commission under this Act.

(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 with full power and authority-

(1) the planning and co-ordination of university education so as to conform to national policy;

(2) the apportionment to Higher Educational Institutions of the funds voted by Parliament in respect of university education, and the control of expenditure by each such Higher Educational Institution;

(3) the maintenance of academic standards in Higher Educational Institutions;

(4) the regulation of the administration of Higher Educational Institutions ;

(5) the regulation of the admission of students to each Higher Educational Institution; and

(6) the exercise, performance and discharge of such powers, duties and functions as are conferred, or imposed on, or assigned to, the Commission by or under this Act.

(1) The Commission shall consist of a Chairman and four other members all of whom shall be appointed by the President.

(2) The Commission may, from time to time, appoint such Standing Committees and ad hoc Committees consisting of such number of members and with such powers, duties and functions as may be determined by the Commission, so however that the Chairman of each such Committee shall be a member of the Commission.

(1) Every member of the Commission, including the Chairman, shall, unless he vacates office earlier, hold office of five years reckoned from the date of his appointment, and shall, unless removed from office, be eligible for reappointment;

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

(2) A member of the Commission may resign his office by writing under his hand addressed to the President, but shall continue in office until such time as his resignation has been accepted.

(3) If the Chairman, or other member of the Commission, is, by reason of illness or other infirmity or absence from Sri Lanka or other cause, temporarily unable to perform the duties of his office, the President may appoint another member to act for such Chairman, or a fit person to act in the place of such other member, as the case may be.

(4) The Chairman and other members of the Commission shall be paid such remuneration and allowances as the Minister shall, in consultation with the Minister in charge of the subject of Finance, determine.

(1) The Chairman of the Commission shall preside at all meetings of the Commission. In the absence of the Chairman from any meeting of the Commission, the members shall elect any member from among the members present, to preside at such meeting.

(2) The quorum for a meeting of the Commission shall be three members.

(3) The Commission shall meet as often as necessary, and in any case not less than once in each month, at such time and place as the Commission may determine, and shall, subject to the provisions of subsection (2), observe such rules of procedure in regard to the transaction of business as it may make under this Act.

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

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

(3) The Commission may, by resolution, delegate to the Chairman any of the powers, duties and functions conferred, imposed on or assigned to it under this Act, other than such powers, duties and functions under sections 15, 16 and 18.

(4) In the exercise, performance and discharge of the powers, duties and functions conferred or imposed on or assigned to him, or delegated to him, under this Act, the Chairman shall be subject to the general or special directions of the Commission.

(5) 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.

(1) The Commission shall appoint the staff of the Commission which shall consist of:-

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

(1) At the request of the Commission, any officer in the public service may, with the consent of that officer, the Secretary to the Ministry by or under which that officer is employed and the Secretary to the Ministry charged with 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 in the public service is temporarily appointed to the staff of the Commission, the provisions of subsections (3) and (5) of section 26 of the State Industrial Corporations Act, other than paragraph (a) of subsection (3) of section 26, 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 subsections (4) and (5) of section 26 of the State Industrial Corporations Act shall, mutatis mutandis, apply to and in relation to him.

(4) Where the Commission 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 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 other employee of any Higher Educational Institution may, with the consent of that officer or employee 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 terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by the Commission and such principal executive officer.

(6) Where any officer or other employee 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.

(1) The Commission shall have its Own Fund.

(2) There shall be paid into such Fund-

(3) There shall be paid out of such Fund-

(1) The Commission 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 Commission shall be kept at the office of the Commission.

(3) The financial year of the Commission shall be the same as the financial year of the Government.

(1) The Commission 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 expenditure incurred by him in auditing the accounts of the Commission, the Auditor- General shall be paid from the Fund of the Commission such remuneration as the Minister may, with the concurrence of the Minister in charge of the subject of Finance, determine. Any remuneration received from the Commission 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.

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

(4) The Auditor-General shall examine the accounts of the Commission and furnish a report-

(5) The Auditor-General shall transmit his report to the Commission.

(6) The Auditor-General’s report referred to in subsection (5) shall be considered by the Commission and the Commission shall, within three months of the transmission of such report to the Commission, inform the Auditor-General of the steps taken or proposed to be taken with regard to the matters pointed out in such report.

(7) The Commission shall, each year, within three months of the receipt by it of the Auditor-General’s report, transmit such report together with any comments made thereon by the Commission under subsection (6) and the statement of accounts to which the report relates, to the Minister who shall cause copies thereof to be tabled in Parliament, before the end of the year next succeeding the year to which such accounts and report relate, and the Chairman of the Commission shall attend and answer any questions arising therefrom before the Public Accounts Committee of Parliament.

(8) The provisions of Article 154 of the Constitution shall apply to and in relation to the audit of the accounts of the Commission by the Auditor-General.

(1) No suit or prosecution shall lie-

(2) Any expense incurred by the Commission in any suit 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 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 purported to be done by him under this Act or any appropriate Instrument, or on the direction of the Commission, shall, if the court holds that the act was done in good faith, be paid out of the Fund of the Commission, unless such expense is recovered by him in such suit or prosecution.

(4) No writ against person or property shall issue against a member of the Commission in any action brought against the Commission.

(i) to inquire into or investigate, from time to time, the financial needs of each Higher Educational Institution;

(ii) to prepare, from time to time, in consultation with the governing authority of each Higher Educational Institution, triennial budgets for its maintenance and development, or for any other general or special purpose;

(iii) to make recommendations, from time to time, to the Minister as to the nature and amount of grants, out of public funds, which it is desirable or necessary to make to each Higher Educational Institution;

(iv) to determine, from time to time, within the overall wage and salary policies of the Government, the quantum of remuneration that should be paid to different grades of the staff of the Higher Educational Institutions and the nature and extent of the other benefits that the staff should receive;

(v) to determine, in consultation with the governing authority of each Higher Educational Institution, the courses which shall be provided therein, and the degrees, diplomas, and other academic distinctions which shall be awarded ;

(vi) to determine, from time to time, in consultation with the governing authority of each Higher Educational Institution, the total number of students which shall be admitted annually to each Higher Educational Institution and the apportionment of that number to the different courses of study therein;

(vii) to select students for admission to each Higher Educational Institution, in consultation with an Admissions Committee whose composition, powers, duties and functions shall be prescribed by Ordinance;

(viii) to determine in consultation with the governing authority of each University, the external examinations which it shall conduct for enabling those who are not students of the University or of any recognized institution, to obtain degrees, diplomas, and other academic distinctions of the University;

(ix) to formulate schemes of recruitment and procedures for appointment of the staff of the Higher Educational Institutions;

(x) to investigate or to cause investigation into such matters pertaining to the discipline of the students of any Higher Educational Institution, as may be brought to the notice of the Commission by the principal executive officer of that Higher Educational Institution, and to take remedial measures; and

(xi) to do all such other acts or things as may be necessary for effectively exercising any of the powers specified by this Act and for the attainment of the objects set out in section 3.

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

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Commission may make Ordinances in respect of all or any of the following matters:-

(3) Every Ordinance made by the Commission under this Act shall be published in the Gazette and shall come into operation on the date specified therein.

(1)

(2)

(3) Where the Minister is satisfied that the situation prevailing in a Higher Educational Institution is likely to endanger national security or is detrimental or prejudicial to national policy, he may direct the Commission to take all such steps as he may deem necessary to bring such situation under control.

(4) Where the Minister is satisfied that, due to any strike or lockout or any other cause, the work or administration of any Higher Educational Institution has been seriously dislocated and that the Authorities of such Higher Educational Institution 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 such Higher Educational Institution. Pending the restoration of normal conditions, the Minister may, by Order published in the Gazette, make all such provisions as he may deem necessary in respect of all or any of the following matters relating to such Higher Educational Institution:-

(5) Any Order made by the Minister under subsection (4) shall come into force on such date as may be specified therein. Any such Order shall, as soon as possible thereafter, be tabled in Parliament and shall, unless earlier rescinded, remain in force for a period not exceeding three months thereafter.

(a) establish a University, which shall be a body corporate with perpetual succession and a common seal, for the purpose of providing, promoting and developing higher education in all such branches of learning as shall be specified in such order;

(b) assign a name and style to such University;

(c) specify the location or site which shall be the seat of such University;

(d) assign a Faculty or Faculties to such University; and

(e) specify the Departments of Study comprising such Faculty or Faculties.

(a) establish a Campus of a University;

(b) assign a name and style to such Campus;

(c) specify the location or site of such Campus, being a location or site which shall not be the seat of the University to which the Campus will be attached;

(d) assign a Faculty or Faculties to such Campus; and

(e) specify the Departments of Study comprising such Faculty or Faculties.

(1) The Minister may, in consultation with the Commission, by an Order (hereinafter referred to as an ” Open university Order”),-

(2) The structure, powers, duties and functions of an Open University shall be prescribed by Ordinance.

(a) establish a University College, which shall be a body corporate with perpetual succession and a common seal for the purpose of providing, promoting and developing higher education in all such branches of learning as shall be specified in such order;

(b) assign a name and style to such College;

(c) specify the location or site which shall be the seat of such College ;

(d) assign a Faculty or Faculties to such College;

(e) specify the Departments of Study comprising such Faculty or Faculties; and

(f) specify the University or Universities to which such College shall be affiliated.

(1) A University Order, Campus Order, Open University Order or University College Order may, on the recommendation of the Commission, be amended, varied or revoked by the Minister.

(2) Every Order made under subsection (1) shall be published in the Gazette. Each such Order shall come into force on the date specified therein and shall, as soon as possible thereafter, be tabled in Parliament.

(1) Upon the coming into force of a University Order made under section 21, a University shall be deemed to have been established with the name and style assigned to it by that Order, and with full power and authority-

(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 its Council.

(a) to admit students and 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 institutions in Sri Lanka or abroad, having objects similar or substantially similar to those of the University;

(d) to provide postgraduate courses, and for this purpose, to co-operate with other universities or authorities in Sri Lanka or abroad, in such manner and for such purposes 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 study in the University or in any recognized institution and who have passed the examinations of the University prescribed by By-law;

(f) to conduct with the concurrence of the Commission, external examinations for enabling those who are not students of the University or of any recognized institution to obtain degrees, diplomas, and other academic distinctions of the University ;

(g) to grant and to confer with the concurrence of the Commission, degrees, diplomas, and other academic distinctions, to and on persons who, not being students of the University or of any recognized institution, shall have passed the external examinations of the University;

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

(i) to confer honorary degrees or other academic distinctions on persons recommended by the Senate of the University and approved by the Council of such University;

(j) to recognize the examinations passed and periods of learning or study pursued by persons seeking admission to, or by students of, the University at other universities or places of learning of university status as are equivalent to such examinations and periods of learning or study in the University, or such part thereof, as may be prescribed by By-law, 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 institute Professorships, Associate Professorships, Senior Lectureships or Lectureships, and other posts as may be required for the purposes of the University;

(m) to institute and award fellowships, scholarships, exhibitions, bursaries, medals and other prizes ;

(n) to regulate and provide for the residence, discipline and well-being of students and teachers, officers and other employees of the University;

(o) to establish and manage halls of residence, to licence lodging-houses providing residential facilities to students and to provide such other services and facilities as may be necessary for the residence of students of the University ;

(p) to assist students of the University to obtain loans from banks and other agencies in accordance with By-laws providing for the same;

(q) to provide for extension services to the general public, including employees and school-leavers, in trades and industry and in accordance with any By-law providing for the same;

(r) to make arrangements for conducting courses or parts of courses in educational institutions outside the University, in accordance with any By-law providing for the same;

(s) to demand and receive fees in accordance with any Regulation providing for the same ; and

(t) 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.

(i) the Vice-Chancellor;

(ii) the Deputy Vice-Chancellor, if any;

(iii) the Rector of each Campus, if any;

(iv) the Dean of each Faculty;

(v) the Registrar;

(vi) the Librarian;

(vii) the Bursar; and

(viii) the holder of any other post declared by Ordinance to be a post, the holder of which is an Officer for the purpose of this section.

(1)

(2) The Vice-Chancellor shall be a full- time officer of the University, and shall be the principal executive officer and principal academic officer thereof. He shall be an ex officio member of the Court, and an ex officio member and Chairman of both the Council and the Senate. In the absence of the Chancellor, the Vice-Chancellor shall preside at meetings of the Court. The Vice- Chancellor shall be entitled to convene, be present and speak at, any meeting of any other Authority of the University or other body, but shall not be entitled to vote at any such meeting unless he is a member of such other Authority or other body.

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

(4) Subject to the provisions of this Act, it shall be the duty of the Vice-Chancellor to give effect, or to ensure that effect is given, to the decisions of the Council and of the Senate.

(5) The Vice-Chancellor shall be the Accounting Officer of the University.

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

(7) The Vice-Chancellor shall, unless he vacates office earlier or is removed from office under subsection (1) (b) of this section, hold office for a term of three years, or until he has completed his sixty fifth year, whichever event occurs earlier.

(8) If the Vice-Chancellor, by reason of leave, illness, absence from Sri Lanka, or other cause, is temporarily unable to perform the duties of his office, the Commission shall, within seven days of the occurrence of such inability, make such arrangements at it may think fit for carrying on the duties of the office. Until such arrangements are made, the Registrar shall carry on the routine duties of the office.

(9) If any vacancy occurs in the office of Vice-Chancellor, the Commission shall, within seven days of the occurrence of such vacancy, make such arrangements as it may think fit for carrying on the duties of the office, until a permanent appointment is made under the preceding provisions of this section; and until such arrangements are made, the Registrar shall carry on the routine duties of the office.

(1) The Rector of a Campus shall be appointed by the Vice-Chancellor of the University to which such Campus is attached. He shall, unless he vacates office earlier, hold office for a period of three years reckoned from the date of his appointment and shall, unless removed from office, be eligible for re-appointment for a further period of three years immediately succeeding the aforesaid period.

(2) If the Rector, by reason of leave, illness, absence from Sri Lanka or other cause, is temporarily unable to perform the duties of his office, the Vice-Chancellor shall, within seven days of the occurrence of such inability, make such arrangements as he may think fit for carrying on the duties of the office. Until such arrangements are made, the Registrar shall carry on the routine duties of the office.

(3) The Rector shall be a full-time officer of the Campus and shall be the academic and administrative Head of the Campus.

(4) The Rector shall be the Chairman of the Campus Board.

(5) The Rector shall, subject to the general direction and control of the Vice- Chancellor, be responsible for the maintenance of discipline in the Campus.

(1) The Registrar of a University shall be appointed by the Council upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full-time officer of that University and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument.

(2) The Registrar shall be responsible for the custody of the records and the property of the University.

(3) The Registrar shall be the ex officio secretary of the Court, the Council and the Senate.

(4) The Registrar shall be the Assistant Accounting Officer of the University.

(5) The Registrar 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.

(1) The Bursar of a University shall be appointed by the Council upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full-time officer of that University and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument.

(2) The Bursar shall, subject to the direction and control of the Registrar, be responsible for the administration of the finances of the University and maintain its accounts in such form and manner as may be prescribed by Ordinance. He shall have the custody of the funds of the University.

(1) The Librarian of a University shall be appointed by the Council upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full-time officer of that University and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument.

(2) The Librarian shall, subject to the direction and control of the Vice-Chancellor, be responsible for the administration of the library or libraries of the University.

(i) the Court;

(ii) the Council;

(iii) the Senate;

(iv) the Campus Board or Boards, if any;

(v) the Faculty or Faculties; and

(vi) such other bodies as may be prescribed by Ordinance to be such Authorities.

(1) The Court of a University (hereinafter referred to as ” the Court”), shall consist of the following persons :-

(2) Each elected member shall hold office for a term not exceeding three years reckoned from the date of his election, but so long however only as he retains the status or membership by virtue of which he was eligible for election as a member of the Court.

(1) There shall be an Annual Meeting of the Court to be held on a date to be fixed by the Vice-Chancellor.

(2) The Vice-Chancellor shall, whenever he thinks necessary, or within two weeks upon the receipt by him of a written requisition from not less than one-third of the total membership of the Court, convene a Special Meeting of the Court.

(3) The quorum for any meeting of the Court shall be one-third of its total membership.

(4) The members elected under section 41 (1) (b) (iv) shall be excluded from proceedings of any meeting of the Court relating to examinations and connected matters, and any such meeting shall, notwithstanding such exclusion, be deemed to have been duly held.

(a) to make Statutes and by Statute to amend, add to, vary or repeal any Statute so made;

(b) to elect the Vice-Chancellor and, if it thinks necessary, to recommend his removal to the Chancellor;

(c) to consider and, if necessary, to amend or rescind By-laws made by the Council, without prejudice to anything previously done under such By-laws;

(d) to consider and, if necessary, to amend or adopt the Annual Report and the Annual Accounts of the University:

Provided that no such amendment shall be made unless the opinion of the Council thereon has first been obtained ; and

(e) to do any other act or to perform any other duty authorized or imposed upon the Court by this Act or by Order, Ordinance or Statute made under this Act.

(1) The Council of a University (hereinafter referred to as ” the Council”), shall be the executive body and governing authority of the University and shall consist of the following persons :-

All such members shall be appointed by the Commission from among persons who have rendered distinguished service in educational, professional, commercial, industrial, scientific or administrative spheres.

(2) The Chairman of the Council shall be the Vice-Chancellor who shall preside at all meetings of the Council. If the Chairman is unable to preside at a meeting, the members shall elect any member present to preside at such meeting.

(3) Subject to the provisions of subsection (4), any appointed member of the Council shall, unless he vacates office earlier, hold office for a term of three years reckoned from the date of his appointment, and shall, unless removed from office, be eligible for re-appointment:

Provided, however, that if any appointed member vacates his office prior to the expiry of his term, his successor shall, unless he vacates his office earlier, hold office for the unexpired portion of the term of office of his predecessor.

(4) An appointed member of the Council may resign his office by writing under his hand addressed to the Chairman of the Commission.

(5) An appointed member of the Council who, for whatever reason, absents himself from three consecutive meetings of the Council, shall be deemed to have vacated his office as a member of the Council and the Commission shall appoint a fit person to fill the resulting vacancy.

(6) A member of the Council shall not be entitled to any remuneration, but a member appointed under subsection (1) (v) may be paid such allowances as the Minister shall, in consultation with the Minister in charge of the subject of Finance, determine.

(7) The quorum for a meeting of the Council shall be one-third of its total membership.

(8) The Council shall meet whenever necessary so however that it meets on not less than ten occasions in each year.

(9) The Chairman of the Council shall, whenever he thinks necessary or within one week upon the receipt by him of a written requisition from not less than one-third the total membership of the Council, convene a Special Meeting of the Council.

(1) Subject to the provisions of this Act the Council shall exercise the powers and perform and discharge the duties and functions conferred or imposed on, or assigned to, the University.

(2) Without prejudice to the generality of the powers conferred upon it by subsection (1), the Council shall exercise, perform and discharge the following powers, duties and functions :-

(1) A University shall have a Senate which shall be the academic authority of the University.

(2) The Senate of a University shall consist of the following persons:-

(3) Each elected member shall hold office for a period of two years reckoned from the date of his election.

(4) The quorum for a meeting of the Senate shall be one-fourth of its total membership.

(5) The Senate shall have control and general direction of instruction, education, research and examinations in the University.

(6) Subject to the provisions of this Act and without prejudice to the generality of the powers conferred upon it by subsection (5), the Senate shall exercise, perform and discharge the following powers, duties and functions;-

(1) A Campus shall have a Board, (hereinafter referred to as the ” Campus Board”), whose composition shall be prescribed by Ordinance.

(2) The Campus Board shall be responsible-

(3) The Campus Board may, with the approval of the Council, make Rules in respect of all matters relating or incidental to or connected with, the internal administration of the Campus.

(1) Each Faculty of a University shall consist of the following persons:

(2) A member elected under paragraph (e) of subsection (1) shall hold office as a member for a period of one year, and any other elected member for a period of three years, reckoned from his date of election, and shall be eligible for re-election.

(3) Subject to the provisions of this Act, a Faculty shall exercise, perform and discharge the following powers, duties and functions-

(4) The members elected under paragraph (e) of subsection (1) shall be excluded from the proceedings of any meeting of the Faculty relating to examinations and connected matters, and any such meeting shall, notwithstanding such exclusion, be deemed to have been duly held.

(1) There shall be a Dean of each Faculty who shall be a full-time officer of the University and the academic and administrative Head of that Faculty. The Dean shall be elected by the Faculty from among the Heads of the Departments of Study comprising such Faculty, and shall, when so elected, cease to be the Head of the Department of Study concerned.

(2) The Dean shall, subject to the provisions of any appropriate Instrument, hold office for a period of three years reckoned from the date of his election and shall, unless removed from office, be eligible for re-election.

(3) Where owing to leave of absence, illness or other cause, the Dean of a Faculty is temporarily unable to perform the duties of his office for a period not exceeding three months, the Vice-Chancellor shall appoint another Head of a Department of that Faculty to act in the post of Dean, for such period. Where however a Dean of a Faculty retires or resigns, or is for any other reason unable to perform the duties of his office for a period exceeding three months, the post of Dean of that Faculty shall be deemed to be vacant, and a new Dean shall be elected in accordance with subsection (1). The person so elected shall hold office for the unexpired portion of the term of office of his predecessor.

(1) The Head of a Department of Study shall be a Professor, Associate Professor, Senior Lecturer or Lecturer appointed by the Council upon the recommendation of the Vice-Chancellor.

(2) The Head of a Department shall, subject to the provisions of any appropriate Instrument, hold office for a period of three years reckoned from the date of his appointment and shall, unless removed from office, be eligible for reappointment.

(3) Where owing to leave of absence, illness, or other cause, the Head of a Department is temporarily unable to perform the duties of his office for a period not exceeding three months, the Vice-Chancellor shall appoint another Professor, Associate Professor, Senior Lecturer or Lecturer of that Department to act in the post of Head of Department for such period. Where however a Head of a Department retires or resigns, or is for other reason unable to perform the duties of his office for a period exceeding three months, the post of Head of Department shall be deemed to be vacant, and a new Head of Department shall be appointed in accordance with subsection (1). The person so appointed shall hold office for the unexpired portion of the term of office of his predecessor.

(1) A University shall hold once in every year on such date or dates as may be approved by the Chancellor, a Convocation for the purpose of conferring degrees:

Provided that, a University may hold a Special Convocation at such other time as the Chancellor may determine;

Provided further that, first degrees may be conferred without the holding of a Convocation.

(2) The procedure of a Convocation shall be prescribed by By-law,

(3) The President shall, when present, preside at a Convocation. In his absence, the Chancellor shall preside at such Convocation, and in the absence of both the President and the Chancellor, the Vice- Chancellor shall so preside.

(1) Upon the coming into force of a University College Order under section 24, the University College established with the name and style assigned to it by that Order, and the Director and the members for the time being of the Board of Management and the Academic Syndicate shall have full power and authority by and in such name to do all the things a University is empowered or authorized to do under section 28 (1) of this Act.

(2) The powers conferred on a University College by the preceding provisions of this section shall, unless otherwise expressly provided, be exercised by its Board of Management,

(a) to admit students;

(b) to provide for instruction in such branch or branches of learning as may with the concurrence of the Commission, be approved by the University or by any one of the Universities to which such College has been affiliated;

(c) to conduct with the approval of each appropriate University, examinations for the purpose of ascertaining the persons who have acquired proficiency in such branch or branches of learning as have been with the concurrence of the Commission approved by such University, and to recommend to such University persons who, having passed such examinations and having satisfied such other conditions as such University may prescribe by By-laws, are eligible for the award of degrees, diplomas and other academic distinctions of such University;

(d) to co-operate, by way of exchange of teachers, students and scholars or otherwise, with Universities or institutions in Sri Lanka or abroad having objects similar or substantially similar to those of the University College;

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

(f) to institute Professorships, Associate Professorships, Senior Lecturerships or Lecturerships and other posts as may be required for the purposes of the University College;

(g) to institute and award fellowships, scholarships, exhibitions, bursaries, medals and other prizes;

(h) to manage halls of residence, to license lodging-houses providing residential facilities to students and to provide such other services and facilities as may be necessary for the residence of students of the University College;

(i) to regulate and provide for the residence, discipline and well-being of officers, teachers, students and employees of the University College;

(j) to assist students of the University College to obtain loans from banks and other agencies and to frame appropriate By-laws for the purpose;

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

(l) 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 College:

(1) the Director,

(2) the Dean of each Faculty,

(3) the Secretary,

(4) the Librarian, and

(5) the Treasurer.

(1) The first Director of a University College shall be appointed by the Minister.

(2) Every subsequent Director shall be appointed by the Commission from a panel of three persons recommended by the Board of Management of the University College. Where a member of the staff of a Higher Educational Institution is appointed Director, such Institution shall release the member of the staff so appointed to accept the post of Director.

(3) A Director shall, unless he vacates office earlier or is removed from office under subsection (4) of this section, hold office for a period of three years reckoned from the date of his appointment or until he completes his sixty-fifth year or until the University College is granted the status of a University by a University Order made under section 21, whichever event occurs earlier.

(4) A Director, not being the first Director appointed under subsection (1), shall be removed from office by the Chairman of the Commission on a vote of censure passed by not less than two-thirds of the total membership of the Board of Management, at a Special Meeting convened for the purpose.

(5) A Director who resigns or is removed from office or is unable to function as such by reason of the University College being granted the status of a University, may if he was a member of the staff of a Higher Educational Institution immediately prior to his appointment as Director, revert to his substantive post in such Higher Educational Institution, provided that he has not completed his sixty-fifth year.

(1) The Director shall be a full-time officer of the University College, and shall be the principal executive officer and the principal academic officer thereof. He shall be an ex officio member and Chairman of the Board of Management and the Academic Syndicate, and shall convene all meetings of the Board of Management and of the Academic Syndicate. He shall be entitled to convene, be present and speak at, any meeting of any other Authority or body of the University College, but shall not be entitled to vote at any such meeting unless he is a member of such other Authority or body.

(2) It shall be the duty of the Director, in accordance with such directions as may from time to time be lawfully issued to him in that behalf by the Board of Management, to ensure that the provisions of this Act and of any appropriate Instrument are duly observed, and he shall have and may exercise all such powers as he may deem necessary for the purpose.

(3) It shall be the duty of the Director to give effect, or to ensure that effect is given, to the decisions of the Board of Management and of the Academic Syndicate.

(4) The Director shall be the Accounting Officer of the University College.

(5) The Director shall be responsible for the maintenance of discipline within the University College.

(6) If the Director, by reason of leave, illness, absence from Sri Lanka, or other cause, is temporarily unable to perform the duties of his office, the Commission shall, within seven days of the occurrence of such inability, make such arrangements as it may think fit for carrying on the duties of the office. Until such arrangements are made, the Secretary shall carry on the routine duties of the office.

(7) If any vacancy occurs in the office of director, the Commission shall, within seven days of the occurrence of such vacancy, make such arrangements as it may think fit for carrying on the duties of the office, until a permanent appointment is made under section 57 (2). Until such arrangements are made, the Secretary shall carry on the routine duties of the office.

(1) The Secretary of a University College shall be appointed by the Board of Management upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full time officer of the University College, and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument.

(2) The Secretary shall be responsible for the custody of the records and the property of the University College.

(3) The Secretary shall be the ex officio secretary of the Board of Management and the Academic Syndicate.

(4) The Secretary shall be the Assistant Accounting Officer of the University College.

(5) The Secretary shall, subject to the direction and control of the Director, be responsible for the general administration of the University College and the disciplinary control of its non-academic staff.

(1) The Librarian of a University College shall be appointed by the Board of Management upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full time officer of the University College, and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument.

(2) The Librarian shall, subject to the direction and control of the Director, be responsible for the administration of the library or the libraries of the University College.

(1) The Treasurer of a University College shall be appointed by the Board of Management upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full time officer of the University College, and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument.

(2) The Treasurer shall, subject to the direction and control of the Secretary, be responsible for the administration of the finances of the University College and maintain its accounts in such form and manner as may be prescribed by ordinance. He shall have the custody of the funds of the University College.

(1) the Board of Management;

(2) the Academic Syndicate;

(3) the Faculty or Faculties; and

(4) such other bodies as may be prescribed by Ordinance to be such Authorities.

(1) The Board of Management (hereinafter referred to as “the Board”) shall consist of the following persons:-

(2) The provisions of subsection (2), (3), (4), (5), (6), (7), (8) and (9) of section 44 of this Act shall apply to the Board, subject to the modification that there shall be substituted-

(3) Subject to the provisions of this Act, the Board shall exercise, perform and discharge the powers, duties and functions conferred or imposed on or assigned to the Council of a University by section 45 of this Act, subject to the following modifications;-

(1) The Academic Syndicate shall consist of the following persons :-

(2) Each nominated or elected member shall hold office as a member for a period of two years reckoned from the date of his nomination or election, as the case may be.

(3) The quorum for a meeting of the Academic Syndicate shall be one-fourth its total membership.

(4) Subject to the provisions of this Act, the Academic Syndicate shall exercise, perform and discharge the powers, duties and functions, conferred or imposed on or assigned to the Senate of a University by section 46 of this Act, subject to the following modifications:-

There shall be substituted-

(1) A University College shall have such Faculty or such number of Faculties as may be specified in the relevant University College Order.

(2) Each Faculty shall consist of the following persons:-

(3) The members elected under paragraph (f) of subsection (2) shall be excluded from the proceedings of any meeting relating to examinations and connected matters, and any such meeting shall, notwithstanding such exclusion, be deemed to have been duly held.

(4) Each nominated member shall hold office for a period of two years and each elected member for a period of one year reckoned from the date of his nomination or election, as the case may be,

(5) A Faculty of a University College shall exercise, perform and discharge the powers, duties and functions conferred or imposed on or assigned to the Faculty of a University by section 48 (3) of this Act, subject to the modification that there shall be substituted for the expression ” Senate “, the expression ” Academic Syndicate”, wherever that expression appears in that section.

(1) Subject to the provisions of subsection (2), every appointment to the staff of a Higher Educational Institution shall be made by the governing authority of such Institution, in accordance with the schemes of recruitment and the procedures for appointment prescribed by Ordinance.

(2) The Commission shall, in accordance with the schemes of recruitment and the procedures for appointment prescribed by Ordinance, make the following appointments to the staff of a Higher Educational Institution-

(1) At the request of a Higher Educational Institution, an officer in the Public Service may, with the consent of that officer, the Secretary to the Ministry by or under which that officer is employed, and the Secretary to the Ministry charged with the subject of Public Administration, be temporarily appointed to the staff of that Higher Educational Institution for such period as may be determined by such Institution with like consent, or be permanently appointed to such staff.

(2) Where any officer in the public service is temporarily appointed to the staff of a Higher Educational Institution, the provisions of subsections (3) and (5) of section 26 of the State Industrial Corporations Act, other than paragraph (a) of subsection (3) of section 26, 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 a Higher Educational Institution, the provisions of subsections (4) and (5) of section 26 of the State Industrial Corporations Act shall, mutatis mutandis, apply to and in relation to him.

(4) At the request of a Higher Educational Institution, an officer or servant of the Local Government Service or any local authority may, with the consent of that officer or servant and the Local Government Service Advisory Board or authority, as the case may be, be temporarily appointed to the staff of that Higher Educational Institution for such period as may be determined by that Institution 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 Higher Educational Institution and the Local Government Service Advisory Board or authority.

(5) Where a Higher Educational Institution 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 that Higher Educational Institution by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.

(1) Every member of the Appeals Board, including the Chairman, shall, unless vacates office earlier, hold office for a term of five years reckoned from the date of his appointment, and unless removed from office, be eligible for re-appointment:

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

(2) A member of the Appeals Board may resign his office by writing under his hand addressed to the Minister, but shall continue in office until such time as his resignation has been accepted.

(3) If any member of the Appeals Board is, by reason of illness or other infirmity or absence from Sri Lanka or other cause, temporarily unable to perform the duties of his office, the Minister may appoint a fit person to act in the place of such member.

(4) The Chairman and the other members of the Appeals Board shall be paid such remuneration or allowances as the Minister shall, in consultation with the Minister in charge of the subject of Finance, determine.

(1) The Chairman, and in his absence the Vice-Chairman, of the Appeals Board shall preside at all meetings of such Board-

(2) The quorum for a meeting of the Appeals Board shall be two members.

(3) The procedure for the conduct of business at meetings of the Appeals Board shall be prescribed by Rules made by such Board.

(1) The staff of the Appeals Board shall consist of a Secretary and such other officers and employees as such Board may deem necessary for the proper and efficient conduct of its business, all of whom shall be provided by the Commission, from its staff or from the staff of any Higher Educational Institution.

(2) The staff of the Appeals Board shall be subject to the disciplinary control of that Board.

(3) It shall be the duty of the Commission-

(1) No suit or prosecution shall lie-

(2) Any expense incurred by the Appeals Board in any suit or prosecution brought by or against the Appeals Board before any court shall be paid out of the Fund of the Commission and any costs paid to, or recovered by, the Appeals Board 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 purported to be done by him under this Act or any appropriate Instrument, or on the direction of the Appeals Board, shall, if the court holds that the act was done in good faith, be paid out of the Fund of the Commission, unless such expense is recovered by him in such suit or prosecution.

(4) No writ against person or property shall issue against a member of the Appeals Board in any action brought against the Appeals Board.

(a) to conduct investigations into appointments and promotions alleged to have been made to the staff of the Commission and to Higher Educational Institutions in contravention of the schemes of recruitment and the procedures for appointment in force at the time such appointments or promotions were made;

(b) to consider appeals from employees of the Commission or any Higher Educational Institution, who have been dismissed, compulsorily retired, or otherwise punished against such dismissal, compulsory retirement or other punishment;

(c) to consider appeals from employees of the Commission who were employees of the old University or any Higher Educational Institution, relating to compensation payable to employees of the old University under section 142 of this Act; and

(d) to convey to the Chairman of the Commission or the governing authority of the Higher Educational Institution concerned, as the case may be, the decisions arrived at after considering such appeals or conducting such investigations.

(a) who is the holder of a post of teacher in a Higher Educational Institution, means sixty-five years ; and

(b) who is the holder of any other post in a Higher Educational Institution or a member of the staff of the Commission, means the age at which he ceases to be in the employment of such Higher Educational Institution or the Commission, as the case may be;

(a) the Commission means the Fund of the Commission established under section 10 of this Act; and

(b) a Higher Educational Institution means the University Fund established under section 99 of this Act;

(1) Every member of the staff of the Commission or a Higher Educational Institution, except in such cases as may be prescribed by Ordinance, 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 ten per centum of his earnings; and the Commission or the Higher Educational Institution shall, in addition, out of its Fund, at the same time contribute to the provident fund in respect of every contributor, a sum equal to fifteen per centum of the earnings of that contributor, or such other sum as the Minister may, in consultation with the Minister in charge of the subject of Finance, determine.

(2) The Secretary of the Commission shall open and keep a general account for the provident fund and a separate account in respect of each contributor to that provident fund. All contributions made by a contributor to the provident fund and all contributions made by the Commission or the Higher Educational Institution to the provident fund in respect of that contributor shall be placed to the credit of a 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 Ordinance made in that behalf, accumulate at compound interest at a rate to be fixed by the Minister in consultation with the Minister in charge of the subject of Finance until the day on which that contributor ceases to be in the employment of the Commission or the Higher Educational Institution 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 92 (3), the Secretary of the Commission shall, subject to the provisions of section 94, pay to that contributor the full amount lying to the credit of his account in the provident fund, together with the accumulated interest thereon.

(2) Where a contributor, before he has completed his age of retirement, ceases to be employed by the Commission or a Higher Educational Institution 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 such Commission or Higher Educational Institution, the Secretary of the Commission shall, subject to the provisions of section 94, pay to that contributor the full amount lying to the credit of his account in the provident fund together with the accumulated interest thereon at the date on which he ceased to be so employed, or on the date on which he voluntarily left the service of such Commission or Higher Educational Institution, as the case may be.

(3) Where a contributor, before he has completed his age of retirement, is dismissed or compulsorily retired from the service of the Commission or a Higher Educational Institution, the Secretary of the Commission shall, subject to the provisions of section 94, pay to the contributor the full amount lying to the credit of his account in 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 the Commission or a Higher Educational Institution, the Secretary of the Commission shall, subject to the provisions of section 94, pay the full amount lying to the credit of his account in the provident fund, together with the accumulated interest thereon, to the estate of the deceased contributor or to the person or persons lawfully entitled to such amount.

(1) Each Higher Educational Institution shall have a fund to be called the University Fund, into which shall be paid-

(2) Particulars of each sum of money paid into the University Fund shall within one month of such payment be submitted by the principal executive officer of the Higher Educational Institution concerned to the Commission for its information.

(1) The Deputy Secretary to the Treasury shall, as soon as may be practicable after the commencement of each financial year, pay to a Higher Educational Institution such sums of money as may be provided by Parliament by way of annual appropriation, supplementary vote or otherwise as a grant or grants in aid of such Higher Educational Institution.

(2) All moneys paid to a Higher Educational Institution under the preceding subsection shall be applied or expended by such Higher Educational Institution for all or any of the purposes authorized by this Act or any appropriate Instrument.

(a) to keep the accounts of such University, Open University or University College in such form and manner as may be prescribed by Ordinance;

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

(c) to make all authorized payments; and

(d) to prepare for the governing authority such triennial estimates as are required by the Commission, the annual financial appropriations of the ensuing financial year, and any supplementary estimate under section 105 :

Provided, however, that income derived from grants made for specific purposes or from endowments for specific objects, shall be separately accounted for in the accounts of the University, Open University or University College, as the case may be, and that no payment shall be made from such income for the general purposes of such University, Open University or University College, or for any purposes or objects other than those for which such grants or endowments were respectively made.

(1) Each Higher Educational Institution shall prepare an annual statement of accounts and statistics relating to its activities in such form and manner and containing such particulars as the Commission may specify from time to time.

(2) The books of accounts of a Higher Educational Institution shall be kept in the office of that Institution.

(1)

(2) The Auditor-General and any person assisting the Auditor-General in the audit of the accounts of a Higher Educational Institution, shall have access to all such books, records, deeds, agreements, vouchers and other documents of that Institution as the Auditor-General may consider necessary for the purpose of the audit and shall be furnished by that Institution and its officers with such information within their knowledge as may be required for such purpose.

(3) For the purpose of meeting the expenses incurred by him in auditing the accounts of a Higher Educational Institution, the Auditor-General shall be paid from the University Fund of that Institution, such remuneration as the Minister may determine with the concurrence of the Minister in charge of the subject of Finance. Any remuneration received from a Higher Educational Institution by the Auditor-General shall, after deducting any sums paid by him to any qualified auditor or auditors employed by him for the purpose of such audit, be credited to the Consolidated Fund.

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

(5) The provisions of Article 154 of the Constitution shall apply to and in relation to the audit of the accounts of a Higher Educational Institution by the Auditor-General.

(6)

(1) The Auditor-General shall examine the accounts of each Higher Educational Institution and furnish a report-

(2) The Auditor-General shall transmit his report in respect of a Higher Educational Institution, to that Institution and to the Commission.

(3) The report of the Auditor-General referred to in subsection (2) shall be considered by the governing authority of that Higher Educational Institution and after such consideration, that Higher Educational Institution shall, within three months of the transmission of such report to the Higher Educational Institution and to the Commission, inform the Auditor-General of the steps taken or proposed to be taken with regard to the matters pointed out in such report.

(1) Each Higher Educational Institution shall have a Student Assembly consisting of student representatives elected from among the persons who are for the time being students of that Higher Educational Institution.

(2) Every election to the Student Assembly shall be conducted by secret ballot at the commencement of each academic year, by such person or persons as may be nominated by the principal executive officer of the Higher Educational Institution concerned.

(3) The term of office of a Student Assembly shall expire at the end of the academic year in which the Student Assembly was elected.

(1) Each Student Assembly shall elect from among its members a Chairman, a Vice-Chairman, a Secretary, and a Junior Treasurer who shall be the office-bearers of the Student Assembly.

(2) Each Student Assembly shall have a Senior Treasurer who shall be a teacher nominated by such Assembly and whose nomination has been approved by the principal executive officer of the Higher Educational Institution to which such Assembly belongs.

(3) Each Student Assembly may for the purpose of conducting its business appoint such Standing Committee or Committees as may be prescribed by Ordinance:

Provided, however, that the Chairman or the Secretary of any Student Assembly shall not be a member of any such Standing Committee or Committees.

(1) A Higher Educational Institution may, with the concurrence of the Commission, recognize any union, society or other association of students of that Institution, established for the sole purpose of furthering academic or social objectives, provided that the membership of such union, society or other association consists entirely of students of that Institution.

(2) Subject to the provisions of section 117, the governing authority of the Higher Educational Institution concerned may prescribe by By-law, the mode of registration of unions, societies and other associations recognized under subsection (1), their functions, the mode of conducting elections for the appointment of their office-bearers, and the duties and functions of such office-bearers.

(i) the duties and functions of the Student Assembly;

(ii) the number of student representatives constituting each Student Assembly and their mode of election;

(iii) the Standing Committee or Committees which a Student Assembly may appoint, and the duties and functions of such Committee or Committees;

(iv) the duties and functions of the Chairman, the Vice-Chairman, the Secretary and the Junior Treasurer of the Student Assembly;

(v) the purpose or the purposes for which the funds allocated to the Student Assembly and any union, society or other association under section 116 shall be utilized; and

(vi) the form and the manner in which the accounts of the Student Assembly and any union, society or other association shall be maintained and audited.

(1) If any Student Assembly or union or society or other association of a Higher Educational Institution conducts itself in a manner, which, in the opinion of the principal executive officer of that Institution, is detrimental or prejudicial to the good name of that Institution, or acts in contravention of this Act or any appropriate Instrument, such principal executive officer may suspend or dissolve such Student Assembly, union, society or other association, as the case may be.

(2) Where any Student Assembly has been dissolved under subsection (1), the principal executive officer may, subject to the provisions of section 112, fix a date for the purpose of electing a new Student Assembly. Such new Student Assembly shall hold office until the end of the academic year in which it was elected.

(1) Notwithstanding anything in the Housing and Town Improvement Ordinance it shall be lawful for the Minister on the recommendation of the Commission and 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 Higher Educational Institution, 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 such Higher Educational Institution specified in such Notification, 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:-

(3) The exercise of any of the powers conferred on the principal executive officer of a Higher Educational Institution under the provisions of this section shall be subject to the consent of its governing authority, and if such principal executive officer 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 Higher Educational Institution, the Higher Educational Institution 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 Higher Educational Institution 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) The provisions of the Government Quarters (Recovery of Possession) Act Shall-

(2) The provisions of the Government Quarters (Recovery of Possession) Act, in their application to University quarters are modified as follows:-

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

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

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

(d) if he, directly or indirectly, by himself or by any person on his behalf or for his use or benefit, holds or enjoys any right or benefit under any contract, other than his contract of employment, made by or on behalf of any Higher Educational Institution.

(1) Notwithstanding the provisions of any other written law, no person, institution, corporation, or professional or other body, other than a University, Open University or the Buddha Sravaka Dharmapithaya established under the Buddha Sravaka Dharmapithaya Act, shall grant or confer on any person or persons any degree or other academic distinction whatsoever;

Provided, however, that academic distinctions may be granted by professional bodies or research institutes by arrangement with such University and the concurrence of the Commission.

(2) Where there is a contravention of the provisions of subsection (1) by any person, institution, corporation or professional or other body, such person or the governing authority, proprietor, director or other person or persons responsible for the management of such institution, corporation or professional or other body shall be guilty of an offence and shall, on conviction by a Magistrate, be liable to a fine of two hundred and fifty rupees.

(1) The Minister may in concurrence with the Minister in charge of the subject of Education, by Order published in the Gazette, transfer to a Higher Educational Institution, any institution, school or college maintained and managed by the Government, together with any movable property therein, and any immovable property of such institution, school or college may, by a like Order by the Minister in charge of the subject of Lands, be vested in such Higher Educational Institution.

(2) Upon the publication of such Order, the movable and the immovable property of such institution, school or college shall vest in the Higher Educational Institution with effect from the date specified in that Order.

(1) On or after such date as may be appointed for the purposes of this section by the Minister by Order published in the Gazette, no educational institute other than a Higher Educational Institution shall be established or maintained by or under a name which contains the word ” University “.

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

(3) Subsections (1) and (2) of this section shall not apply to the Buddha Sravaka Dharmapithaya established under the Buddha Sravaka Dharmapithaya Act.

(1) Where the presence of any person in the precincts of a Higher Educational Institution is, in the opinion of the governing authority of that Institution, undesirable, the principal executive officer of that Institution, after giving such person an opportunity of being heard, may, with the consent of that governing authority, by writing under his hand served on such person, prohibit such person from entering or remaining within such precincts or within such part thereof as may be specified in such writing. Such prohibition shall be and remain in force until revoked by such principal executive officer with the consent of such governing authority.

(2) A certificate under the hand of the principal executive officer of a Higher Educational Institution to the effect that any person named in the certificate has been prohibited, in accordance with the provisions of subsection (1) from entering or remaining within the precincts of a Higher Educational Institution or any specified part thereof, shall be received and accepted by any court as evidence of the facts stated in such certificate until the contrary is proved-

(3) A document purporting to be a certificate issued by the principal executive officer of a Higher Educational Institution and signed by him shall be received in evidence and shall, until the contrary is proved, be deemed to be a certificate issued by such officer under subsection (2).

(1) Subject to the provisions of this Act, and of the Orders and Ordinances made thereunder. Statutes may be made by the Court of a University in respect of all or any of the following matters:-

(2) Every Statute shall, when assented to by the Court, be published in the Gazette and shall come into force on such date as may be specified therein.

(1) Subject to the provisions of this Act, and of the Orders, Ordinances and Statutes made thereunder, By-laws may be made by the governing authority of a Higher Educational Institution in respect of all or any of the following matters;-

(2) No By-law shall be made by the governing authority of a Higher Educational Institution in respect of any matter relating to, or connected with, teaching in, or the examinations of, that Institution, unless a draft of such By-law has been prepared and submitted to such governing authority by the Senate or the Academic Syndicate, as the case may be, of that Institution.

(3) Every By-law made by the governing authority of a Higher Educational Institution 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 Commission, the Appeals Board, and any Authority or other body of a Higher Educational Institution may make Rules-

(2) Any Rule made by the Commission, by the Appeals Board, or by any Authority or other body of a Higher Educational Institution, may at any time, be amended, added to, varied or rescinded by a like Rule made by such Commission, Appeals Board, Authority or other body.

(1) Upon the repeal of the University of Ceylon Act, No. 1 of 1972, each Campus specified in Column I below shall be deemed to be a University established by Order made under section 21 of this Act, and having the name and style specified in the corresponding entry in Column II below, and accordingly, all the provisions of this Act shall, mutatis mutandis, apply to and in relation to such University-

(2) Every Faculty of such Campus shall be deemed, for all purposes, to be a Faculty of such University.

(3) Every Department of Study of such Faculty shall be deemed, for all purposes, to be a Department of Study therein. (*: Section 138, repealing the University of Ceylon Act, No. 1 of 1972, is omitted.)

(1) Upon the repeal of the University of Ceylon Act, No. 1 of 1972, every Institute established or deemed to be established under that Act and in existence on the day immediately preceding the date of such repeal shall be attached to such Higher Educational Institution as the Commission may determine, and shall as nearly as may be possible, continue to function as an Institute under such Higher Educational Institution in accordance with the Statute under which such Institute was established.

(2) For the purposes of this section, Statutes made under the aforesaid Act in relation to each Institute shall be deemed to be Ordinances made by the Commission under section 18 of this Act.

(3) The Commission shall, within one year of the date of such repeal, determine the structure and composition of such Institute.

(1) All teachers, officers and other employees in the service of the old University on the day immediately preceding the date of coming into operation of this Part of this Act, who have not reached their respective ages of retirement shall be deemed to be teachers, officers and other employees in the service of such Higher Educational Institution as the Commission may determine and shall hold their offices with as nearly as may be the same status and on the same terms, including terms relating to salaries or wages, the termination of employment allowances or other benefits as they had or enjoyed in the service of the old University.

(2) The Commission may within one year of the date of coming into operation of this Part of this Act, review the appointments held by teachers, officers and other employees of the old University who were in the service of that University on the day immediately preceding the date of coming into operation of this Part of this Act, and order the abolition of such posts which are found to be superfluous or the termination of services of such persons as had been appointed to their respective posts in contravention of the schemes of recruitment which were in force at the time when such appointments were made, with due notice given to them.

(3) 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 the date of coming into operation of this Part of this Act shall be deemed to have been incurred, executed, entered into or engaged to be done by, with or for, a Higher Educational Institution established under this Act.

The Commission shall indicate to the parties concerned the appropriate Higher Educational Institution to which such debt, obligation contract, deed, bond, agreement or other instrument relates.

(4)

Where an application is made under the provisions of this paragraph, the provisions of the Civil Procedure Code relating to substitution shall, mutatis mutandis, apply to and in relation to such application.

(5)

(6) The University Provident Fund of the old University together with the interest thereon as at the date of coming into operation of this Part of this Act shall be transferred to the Universities Provident Fund established under this Act, and every contributor to the University Provident Fund on the day immediately preceding the date of coming into operation of this Part of this Act and every person who was a contributor to that Fund until the date of his voluntary retirement under the repealed Act, No. 1 of 1972, shall be deemed to be a contributor to the Universities Provident Fund, Where any contributor who ceased from the date of his voluntary retirement under the University of Ceylon Act, No. 1 of 1972, to contribute to the provident fund established under that Act becomes a contributor to the Universities Provident Fund under this Act, compound interest at the rate determined under section 46 (3) of that Act shall be deemed to have accrued to the amount lying to the credit of that person in such fund as from the date of such retirement until the date of coming into operation of this Part of this Act and accordingly such amount shall be credited to the account of that person in the Universities Provident Fund.

(7) All property, movable and 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 the date of coming into operation of this Part of this Act, shall be held by or in trust for the Commission or such Higher Educational Institution as the Commission shall determine, 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) Subject to the provisions of this Act and of any appropriate Instrument, the following provisions shall apply to teachers, officers and other employees of the old University after the date of coming into operation of this Part of this Act-

Provided that this paragraph shall not apply-

(2) Where a teacher, officer or other employee of the old University has retired under the provisions of paragraph (b) of subsection (1) of this section, the Higher Educational Institution concerned shall pay him by way of gratuity or retiring allowance, such compensation as might have been granted to him had his post been abolished under subsection (2) of section 141, and for the purpose of determining such gratuity or retiring allowance his service under the old University and under any one or more of its predecessors shall be deemed to be service to the Higher Educational Institution of which he was an employee at the time of retirement.

(3) Any teacher, officer or other employee of the old University who is dissatisfied with the compensation payable to him under subsection (1) or (2) of this section may appeal to the Appeals Board, whose decision thereon shall be final.

(a) The Commission shall be appointed by the President, and shall commence to function as from such date as may be specified by the Minister.

(b) The first Secretary of the Commission shall be appointed by the Commission, and when so appointed-

(c) Any officer or other employee of the old University may with the consent of that officer or other employee and the principal executive officer of that University, 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 terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by that Commission and that Principal executive officer.

(d) The first Vice-Chancellor of every University deemed to be established under section 139 shall be appointed by the President and when so appointed-

(e) The first Registrar of each University deemed to be established under section 139 shall be appointed by the Commission, and shall when so appointed exercise, perform and discharge in respect of the University to which he is so appointed, all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument.

(f) The first Bursar of each University deemed to be established under section 139, shall be appointed by the Commission, and shall, when so appointed, exercise, perform and discharge in respect of the University to which he is so appointed, all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument.

(a) The first Vice-Chancellor of the University shall be appointed by the President, and when so appointed-

(b) The first Registrar of the University shall be appointed by the Commission, and shall, when so appointed, exercise, perform and discharge all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument.

(c) The first Bursar of the University shall be appointed by the Commission and shall, when so appointed, exercise, perform and discharge all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument.

For the purpose of this section, “transitional period” means the period commencing on the date on which a University Order is published under this Act, and ending on the date on which such Order comes into force.

(a) to determine the structure and composition of each Higher Educational Institution;

(b) to determine the Faculty or Faculties and the Departments of Study thereof to be assigned to each such Higher Educational Institution, and to assign the same ;

(c) to determine the subjects or disciplines of study to be provided or taught in each such Higher Educational Institution; and

(d) to transfer or re-allocate the staff, students, equipment, land, buildings and other facilities of the old University among such Higher Educational Institutions.

(i) a University, means the Council of that University;

(ii) an Open University, means the Council of that Open University, and

(iii) a University College, means the Board of Management of that University College;

(i) a University, means the Vice-Chancellor of that University;

(ii) an Open University, means the Vice-Chancellor of that Open University; and

(iii) a University College, means the Director of that University College;