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University Grants Commission - Sri Lanka

Universities Act - Part VII

THE AUTHORITIES OF A UNIVERSITY


40. The Authorities of a University shall be the following:- The Authorities of a University
(i) * * * * * [*S 40(i) repealed by Act, No. 7 of 1985]
(ii) the Council;
(iii) the Senate;
(iv) the campus Board or Boards, if any;
(v) the Faculty Board or Faculty Boards; and [S 40(v), 7 of 1985]
(vi) such other bodies as may be prescribed by Ordinance to be such Authorities.
41 * * * * * [*S 41 repealed by Act, No. 7 of 1985]
42 * * * * * [*S 42 repealed by Act, No. 7 of 1985]
43 * * * * * [*S 43 repealed by Act, No. 7 of 1985]
44 (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:-

The Council.

[S 44(1), 7 of 1985]

(i) the Vice-Chancellor;
(ii) Deputy Vice-Chancellor, if any;
(iii) Rector, if any;
(iv) the Dean of the Faculty of Graduate Studies, if any;
(v) the Dean of each Faculty;
(vi) two members elected by the Senate from among its members; and
(vii) such number of members as is equal to the total number of members under paragraph (i), (ii), (iii), (iv), (v) and (vi) above, increased by one. 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 or elected 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 or election, as the case may be, and shall, unless removed from office, be eligible for re-appointment or re-election: [S 44(3), 7 of 1985]
Provided, however, that if any appointed or elected 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) Any appointed or elected member of the Council may resign his office by writing under his hand addressed to the Chairman of the Commission or to the Vice-Chancellor of the University, as the case may be. [S 44(4), 7 of 1985]
Notwithstanding anything in the principal enactment, the appointed and elected members of the Council of every University established or deemed to be established under the principal enactment shall, upon the date of coming into operation of this section, cease to hold office as such members: [Members of the Council of Universities to cease to hold office on the coming into operation of this section. This section was effective till 18.02.1985, 7 of 1985]
Provided, however, any appointed or elected member who so ceases to hold office, shall be eligible for re-appointment or re-election, as the case may be.
(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) (vii) 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.
45. (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. Powers, duties and functions of the Council.
(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:-
(i) to hold, control and administer the property and funds of the University;
(ii) to select a coat of arms for the University, and to determine the form, to provide for the custody and to direct the use, of the common seal of the University;
(iii) to regulate and to determine all matters concerning the University in accordance with the provisions of this Act and of any appropriate Instrument;
(iv) to administer any funds placed at the disposal of the University for specific purposes;
(v) to receive and accept with the concurrence of the Commission, bequests, donations and grants of property to the University;
(vi) to consider, and if necessary amend, and adopt the annual report and the annual accounts of the University and to submit such report and such accounts to the Commission; [S 45(2)(vi), 7 of 1985]
(vii) to prepare the financial estimates of the University and to submit such estimates to the Commission;
(viii) * * * * * [*S 45(2)(viii) repealed by Act, No. 7 of 1985]
(ix) to make By-laws for any matter in respect of which By-laws are authorized to be made;
(x) to make such Regulations as are not provided to be made by any other Authority of the University;
(xi) to provide the buildings, premises, furniture, equipment and other material needed for carrying on the work of the University;
(xii) to appoint persons to, and to suspend, dismiss or otherwise punish persons in the employment of, the University:

Provided that, except in the case of Officers and teachers, these powers may be delegated to the Vice-Chancellor;

(xiii) to appoint examiners, whether from the staff of the University or from elsewhere, after consideration of the recommendations of the Senate, and to determine any fees which may be paid to such examiners;
(xiv) to appoint a Board of Welfare, which shall also include representatives of the students, for the promotion of the general well-being of the students of the University. The composition, powers, duties and functions of such Board shall be prescribed by Ordinance;
(xv) to enter into, carry out or cancel contracts on behalf of the University, and to invest any moneys belonging to the University including any unapplied income, in any security in which, under the provisions of section 20 of the Trusts Ordinance or of any other written law, it is lawful to invest trust moneys; or, with the approval of the Commission, to invest any such moneys in the purchase of immovable property in Sri Lanka or vary such investments, or to place on fixed deposit in any bank approved by the Commission, any portion of such moneys not required for immediate expenditure;
(xvi) to determine, after consultation with the Senate, the academic dress or insignia, or both, of the Chancellor, the Officers, the graduates and the students of the University;
(xvii) to advise the Commission on -
(a) the institution, abolition or suspension of Professorships, Associate Professorships, Lectureships and any other academic post, in consultation with the Senate;
(b) the institution, abolition or suspension of any non-academic post; and
(c) the qualifications of teachers, officers and other employees of the University; and
(xviii) to exercise all other powers of the University the exercise of which is not otherwise provided for in this Act or any appropriate Instrument:

Provided that no resolution shall be passed by the Council in relation to any academic matter unless the Senate has first been given an opportunity of recording and transmitting to the Council its opinion thereon.

In this section, “academic matter” means any matter which is subject to the control and general direction of the Senate.

46. (1) A University shall have a Senate which shall be the academic authority of the University. The Senate.
(2) The Senate of the University shall consist of the following persons:-

[S 46(2), 7 of 1985]

(a) the Vice-Chancellor;
(b) the Deputy Vice-Chancellor, if any;
(c) the Rector of each Campus, if any;
(d) the Director of each Institute or Centre for Higher Learning, if any, affiliated to the University;
(e) the Dean of the Faculty of Graduate Studies, if any;
(f) the Dean of each Faculty;
(g) the Head of each Department of Study;
(h) every permanent Professor of the University;
(i) the Librarian; and
(j) two teachers, other than those referred to in the preceding paragraphs of this subsection, elected by the permanent teachers of each Faculty, from among their number.
(3) Each elected member shall hold office for a period of three years reckoned from the date of his election:

Provided, however, where an elected member retires or resigns, or otherwise vacates office by reason of absenting himself from three consecutive meetings of the Senate, another member shall be elected in his place in accordance with the provisions of paragraph (j) of subsection (2), and such other member shall, unless he vacates office earlier, hold office for the unexpired portion of the term of office of his predecessor.

[S 46(3), 7 9f 1985]
(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:-
(i) to draft, after consideration of reports from the Faculty Board or the Faculty Boards concerned, Regulations relating to courses of study and examinations, and to submit such drafts to the Council for approval; [S 46(6)(i), 7 of 1985]
(ii) to recommend to the Council, after consideration of reports from the Faculty Board or Faculty Boards concerned, the names of persons suitable for appointment as examiners; [S 46(6)(ii), 7 of 1985]
(iii) to recommend to the Council the institution, abolition or suspension of Professorships, Associate Professorships, Senior Lectureships, Lectureships, and other academic posts in the University;
(iv) to recommend to the Council after consideration of reports from the Faculty Board or the Faculty Boards concerned - [S 46(6)(iv), 7 of 1985]
(a) schemes for the re-organization of existing Faculties and Departments of Study and the organization of new Faculties and Departments of Study; and
(b) the assignment of subjects of study to the respective Faculties;
(v) to recommend to the Council the mode and conditions of competition for fellowships, scholarships, exhibitions, bursaries, medals and other prizes;
(vi) to award fellowships, scholarships, exhibitions, bursaries, medals and other prizes on such conditions as may be approved by the Council;
(vii) to appoint such number of Standing Committees, or ad hoc Committees or Boards of the Senate as it may deem fit, and in particular, but without prejudice to the generality of the preceding provisions of this subsection -
(a) a Library Committee;
(b) an Admissions Committee;
(c) a Research Committee;
(d) a Curriculum and Evaluation Committee; and
(e) a Probationary Study Leave Committee

and to specify their terms of reference; to consider their reports and to either approve such reports, whether with or without modification, or to reject such reports; and

(viii) to recommend to the Council requirements for the admission of students to courses of study.
47. (1) A Campus shall have a Board, (hereinafter referred to as the “Campus Board”), whose composition shall be prescribed by Ordinance. The Campus Board.
(2) The Campus Board shall be responsible -
(i) for the internal administration of the Campus;
(ii) for making arrangements for the general well-being of, and the provision of amenities for, persons attached to the Campus; and
(iii) for the performance of any other duties as may be prescribed by Statute.
(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.
48. (1) Each Faculty of a University shall consist of the Departments of Study assigned to that Faculty under the provisions of this Act.

Faculties of the University. [S 48(1), 7 of 1985]

(1A) Each Faculty of a University shall have a Faculty Board which shall consist of the following persons:- [Inserted a new section as 48(1A), 7 of 1985]
(a) the Dean of that Faculty;
(b) all permanent Senior Professors, Professors, Associate Professors, Senior Lecturers and Lecturers of the Departments of Study comprising the Faculty; [S 48(1A)(b), 57 of 2009]
(c) two members elected by the Lecturers (Probationary) of the Faculty from among such Lecturers; [S 48(1A)(c), 57 of 2009]
(d) two members of the permanent staff attached to the Faculty and who are imparting instructions, other than those referred to in paragraphs (b) and (c), elected from among such staff members; [S 48(1A)(d), 57 of 2009]
(e) two students elected by the students of the Faculty from among their number; and
(f) three persons not being members of the staff of the University elected by the Faculty Board from among persons of eminence in the areas of study relevant to the Faculty.
(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 Board shall exercise, perform and discharge the following powers, duties and functions- [S 48(3), 7 of 1985]
(i) to consider and report on any matter referred to it by the Senate;
(ii) subject to the control of the Senate, to regulate matters connected with teaching, examinations and research in the Departments of Study in the Faculty;
(iii) to present recommendations and reports to the Senate on all matters connected with the courses of study and examinations in the Faculty;
(iv) to appoint committees, which may include persons other than members of the Faculty, for the purpose of considering and reporting on any special subject or subjects; and
(v) to recommend to the Senate persons suitable for appointment as examiners.
(4) (i) The Dean shall preside at all meetings of the Faculty Board; [S 48(4), 7 of 1985]
(ii) The members elected under paragraph (e) of subsection (1A) shall be excluded from the proceedings of any meeting of the Faculty Board relating to the election of the Dean under section 49 of this Act, and to examinations and connected matters and any such meeting shall, notwithstanding such exclusion, be deemed to have been duly held.
48A (1) Any University may with the concurrence of the Commission establish a Faculty of Graduate Studies for the purpose of promoting research and providing courses of study leading to higher degrees, and other academic distinctions in the several branches of learning within such University;

Faculty of Graduate Studies of the University and the Dean thereof.

[Inserted a new section as 48A, 7 of 1985]

(2) The Commission shall determine by Ordinance the structure, powers, duties and functions of the Faculty and the procedure for the appointment or the election of the Dean of such Faculty;
(3) The Dean of the Faculty of Graduate Studies shall be a full-time officer of the University and the academic and administrative Head of such Faculty.
49. (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 Board 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.

The Dean of the Faculty.

[S 49(1), 7 of 1985]

(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).

Notwithstanding anything in this Act any Dean of a University of University College holding office at the time of coming into operation of this Act, shall hold office for the unexpired portion of the term of his office.

[S 49(3), 7 of 1985]

[Deans of Universities to cease to hold office on the coming into operation of this section. This section was effective till 18.02.1985, 7 of 1985]

50. A University may, from time to time, make recommendations to the Commission as to the establishment of such Faculties and Departments of Study as it may deem necessary for developing its teaching, research and extension programmes. University to make recommendations regarding Faculties.
51. (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:

Provided that, where the Head of a Department of Study has not been appointed by the Council, the Vice-Chancellor may appoint a Professor, Associate Professor, Senior Lecturer or Lecturer to act in the post of Head of Department for a period not exceeding one month reckoned from the date of his appointment.

The Head of a Department of Study.

[S 51(1), 7 of 1985]

(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). [S 51(3), 7 of 1985]
52. The constitution, powers, duties and functions and the terms of membership, other than of ex officio membership, of such other bodies as shall be declared by the Commission to be Authorities of a University, shall be prescribed by Ordinance. Constitution powers, duties and functions of bodies declared by the Commission to be Authorities to be prescribed.
 

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