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University Grants Commission - Sri Lanka

Universities Act - Part IV

UNIVERSITIES, CAMPUSES AND UNIVERSITY COLLEGES


21. The Minister may, in consultation with the Commission, by an Order (hereinafter referred to as a “University Order”)- Establishment of a University.
(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.
22 The Minister may, in consultation with the Commission, by an Order (hereinafter referred to as a “Campus Order”) - Establishment of a Campus.
(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.
23 (1) The Minister may, in consultation with the Commission, by an Order (hereinafter referred to as an “Open University Order”) - Establishment of an Open University.
(a)

establish an Open University, which shall be a body corporate with perpetual succession and a common seal for the purpose of providing higher educational facilities to those who are not students of any of the institutions referred to in sections 21, 22, 24 and 25;

(b) assign a name and style to such Open University; and
(c) specify the location or site which shall be the seat of such Open University.
(2) The structure, powers, duties and functions of an Open University shall be prescribed by Ordinance.
24 The Minister may, in consultation with the Commission, by an Order (hereinafter referred to as a “University College Order”) -

Establishment of a University College.

(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.
24A (1) The Minister may, in consultation with the Commission, by an Order (hereinafter referred to as an “Institution for Higher Learning Order”) -

Establishment of an Institute or Centre for Higher Learning.

[Inserted a new section as 24A, 7 of 1985]

(a) establish an Institute or Centre for Higher Learning as the case may be, for the purpose of providing, promoting and developing higher education in such branches of learning as may be specified in such Order; and
(b) assign a name and style to such Institute or Centre for Higher Learning, as the case may be.
(2) The structure, powers, duties and functions of an Institute or Centre for Higher Learning, as the case may be, shall be prescribed by Ordinance.
24B (1) Notwithstanding anything to the contrary in any other provision of this Act, the Minister may, in consultation with the Commission, and with the concurrence of the Governing Authority of any institute or college and of the Senate and Council of the Higher Educational Institution to which such institute or college is proposed to be affiliated, by an Order published in the Gazette, recognize such institute or college as an institute or centre for higher learning for the purpose of providing, promoting and developing higher education in such branches of learning as may be specified in such Order and shall by such Order, affiliate such institute or college to a Higher Educational Institution; and upon the making of such Order, such institute or college shall be deemed to have been established by an Order made under section 24A, with effect from the date of the first mentioned Order.

Recognition of institute or college as an institute or centre for higher learning.

[Inserted a new section as 24B, 1 of 1995]

(2) Upon the making of an Order under subsection (1) recognizing an institute or college as an institute or centre for higher learning -
(a) all movable and immovable property which was owned by such institute or college and used for the purposes of such institute or college on the day immediately preceding the date of such Order shall stand transferred, with effect from the date of such Order, to the Higher Educational Institution to which such institute or college is affiliated by such Order, subject to any encumbrances or trusts attaching to such movable or immovable property, on the day immediately preceding the date of such Order and to the payment of such compensation in respect thereof, as may be agreed by such Higher Educational Institution and the Governing Authority of such institute or college; and
(b) all officers and servants of such institute or college on the day immediately preceding the date of such Order -
(i) who are offered employment in the Higher Educational Institution to which such institute or college is affiliated and who accept such offer, shall be employed by such Higher Educational Institution on terms and conditions not less favourable than those enjoyed by them on the day immediately preceding the date of such Order; and
(ii) who are not offered employment in such Higher Educational Institution or who do not accept any such offer of employment, shall be entitled to the payment of such compensation and gratuity by such Higher Educational Institution, as may be determined by the Commission; and
(c) the Governing Authority of such institute or college shall, with effect from the date of such Order, cease to exercise or discharge in respect of such institute or college any power or function conferred on, or assigned to, such Governing Authority by any written law.
(3) In this section “Governing Authority” in relation to an institute or college means the Board of Directors, the Board of Management, Palaka Sabhawa or any other body, howsoever designated, charged with the administration and management of the affairs of such institute or college.
25 The Commission may, with the concurrence of the Minister and subject to such conditions as may be prescribed by Ordinance, recognize institutions for the purpose of providing courses of study approved for the examinations of a Higher Educational Institution. Recognition of existing institutions for providing approved courses of study.
25A Notwithstanding anything to the contrary in any other provision of this Act, the Minister may, subject to the provisions of section 70C, by an Order (hereinafter referred to as a “Degree Awarding Institute Order”) recognize, any Institution as a Degree Awarding Institute for the purpose of developing higher Education in such courses of study in such branches of learning as are specified in such Order and subject to such conditions as may be specified therein.

Recognition of Degree Awarding Institutes. [Inserted a new section as 25A, 7 of 1985 & substituted

by Act, No. 24 of 1988]

26 Every University Order, Campus Order, Open University Order, University College Order, Institution for Higher Learning Order and Degree Awarding Institute Order 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.

Every Order under sections 21, 22, 23, 24, 24A and 25A to be tabled in Parliament.

[S 26, 7 of 1985]

27 (1) (a) A University Order, Campus Order, Open University Order, University College Order, or Institution for Higher Learning Order may, be amended, varied or revoked by the Minister.

Altering of Order, under sections 21, 22, 23, 24, 24A and 25A.

[S 27, 7 of 1985]

[Marginal Note, 7 of 1985]

(b) A Degree Awarding Institute Order made under section 25A, may 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.
 

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