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University Grants Commission - Sri Lanka

Universities Act - Part I

ESTABLISHMENT OF THE UNIVERSITY GRANTS COMMISSION


2 (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.

Establishment of University Grants 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 with full power and authority -
(a) in such name to sue and be sued in all courts;
(b) to alter the seal at its pleasure;

(c)

to acquire by way of purchase or otherwise, both movable and immovable property, and to hold, take or give on lease or hire, mortgage, pledge and sell or otherwise dispose of property, both movable and immovable.
3. The objects of the Commission shall be -
(1) the planning and co-ordination of university education so as to conform to national policy;

Objects of the

Commission.

(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.
4. (1) The Commission shall consist of a Chairman, a Vice-Chairman and five other members, all of whom shall be appointed by the President.

Constitution of the Commission.

[S 4, 7 of 1985]

(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.
5. (1) Every member of the Commission, including the Chairman and the Vice-Chairman, shall, unless he vacates office earlier, hold office for a term of five years reckoned from the date of his appointment, and shall, unless removed from office, be eligible for reappointment:

Terms of office of members of the Commission.

[S 5(1), 7 of 1985]

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, Vice-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 Vice-Chairman, or a fit person to act in the place of such other member, as the case may be.

[S 5(3), 7 of 1985]
(4) The Chairman, Vice-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. [S 5(4), 7 of 1985]
6. (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 Vice-Chairman shall preside at such meeting.

Proceedings of the Commission.

[S 6(1), 7 of 1985]

[S 6(2), 7 of 1985]

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

7.

(1)

The Chairman shall be the chief executive officer and the Accounting Officer of the Commission.

Chairman and Vice-Chairman of the Commission.

[S 7(1), 7 of 1985]

[Marginal Note, 7 of 1985]

(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 16 and 18.

[S 7(3), 7 of 1985]

(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 and the Vice-Chairman shall be subject to the general or special directions of the Commission S 7(4), 7 of 1985]
(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.
8. (1) The Commission shall appoint the staff of the Commission which shall consist of:-

Staff of the Commission.

[S 8(1)(a), 7 of 1985]

(a) a Secretary, who shall be responsible for the custody of the records and the property of the Commission, and shall also be the Assistant Accounting Officer of the Commission; and
(b) such other officers and employees as the Commission may deem necessary for the proper and efficient conduct of its business.
(2) The provisions of sections 74 and 75, shall, mutatis mutandis, apply to and in relation to the officers and employees of the Commission, other than those officers and employees appointed to the staff of the Commission under the provisions of subsection (5) of section 9. [Inserted a new subsection as 8(2), 7 of 1985]
(3)

Subject to the other provisions of this Act, the Commission

may -

[Renumbered S 8(2) as 8(3), 7 of 1985]
(a) appoint, dismiss and exercise disciplinary control over the staff of the Commission;
(b) fix the wages or salaries or other remuneration of such staff;
(c) determine the terms and conditions of service of such staff; and
(d) establish and regulate welfare schemes for the benefit of the staff of the Commission and may make, to such schemes, contributions in respect of such staff.
9. (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 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.

Appointment of Public Officers to the staff of the Commission.

(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, No. 49 of 1957, 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, No. 49 of 1957, 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 teacher, officer or other employee of any Higher Educational Institution may, with the consent of that teacher, 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.

[S 9(5), 7 of 1985]

(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.
9A. Every holder of a post in the Commission who is dismissed or is compulsorily retired from his post or is otherwise punished for misconduct, inefficiency or dereliction of duty, may appeal against such dismissal or retirement or other punishment to the University Services Appeals Board.

Appeal against dismissal, compulsory retirement or other punishment, by holder of post in Commission.

[Inserted a new section as 9A, 7 of 1985]

9B (1) The seal of the Commission shall be in the custody of the Secretary of the Commission.

Seal of the Commission.

[Inserted a new section as 9B, 7 of 1985]

(2) The seal of the Commission may be altered in such manner as may be determined by the Commission.
(3) The seal of the Commission shall not be affixed to any instrument or document except in the presence of the Secretary and any member of the Commission, both of whom shall sign the instrument or document in token of their presence.
10. (1) The Commission shall have its own Fund. Fund of the Commission.
(2) There shall be paid into such Fund -
(a) all such sums of money as may be provided by Parliament for the use of the Commission;
(b) all such sums of money as may be received by the Commission by way of donations, gifts or grants from any source whatsoever and fees charged for services rendered by the Commission; and
(c) all such sums of money as are required to be paid into such Fund by or under this Act.
(3) There shall be paid out of such Fund -
(a) all sums of money required to defray any expenditure incurred by the Commission in the conduct of its business or in the exercise, performance and discharge of its powers, duties and functions under this Act, or any other written law; and
(b) all such sums of money as are required to be paid out of such Fund by or under this Act.
11. (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. Accounts of the Commission and financial year.
(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.
12. (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.

Audit of the accounts of the Commission.

(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 -

(a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute; or
(b) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute.
(4) The Auditor-General shall examine the accounts of the Commission and furnish a report -
(a) stating whether he has or has not obtained all the information and explanations required by him;
(b) stating whether the accounts referred to in the report are properly drawn up so as to exhibit a true and fair view of the financial position of that Commission; and
(c) drawing attention to any item in the accounts which in his opinion may be of interest to Parliament in any examination of the activities and accounts of that Commission.
(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.
13. (1) No suit or prosecution shall lie - Protection for action taken under this Act & c. or on the direction of the Commission.
(a) against the Commission for any act which in good faith is done or purported to be done by the Commission under this Act, or any appropriate Instrument; or
(b) against any member of the Commission or of the staff thereof for any act which in good faith is done or purported to be done by him under this Act or any appropriate Instrument, or on the direction of the Commission.
(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.
 

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