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University Grants Commission - Sri Lanka

Universities Act - Part XI

UNIVERSITY SERVICES APPEALS BOARD


80. There shall be established a University Services Appeals Board, (hereinafter referred to as the “Appeals Board”), which shall consist of the persons who are for the time being members of the Appeals Board under this Act. Establishment of the University Services Appeals Board.
81. The Appeals Board shall consist of a Chairman, a Vice-Chairman and another member, all of whom shall be appointed by the Minister. Members of the Appeals Board.
82. (1) Every member of the Appeals Board, including the Chairman, shall, unless he 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: Term of office of the members of the Appeals Board.
    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.  
83. (1) The Chairman, and in his absence the Vice-Chairman, of the Appeals Board shall preside at all meetings of such Board. Proceedings of the Appeals 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.  
84. (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. Staff of the Appeals Board.
  (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 -
    (a) to make payments to the members of the Appeals Board as determined under section 82(4);  
    (b) to pay the salaries and wages of the staff of the Appeals Board; and  
    (c) to provide such other facilities as the Board may require for the efficient exercise, performance and discharge of its powers, duties and functions.  
85. (1) No suit or prosecution shall lie -  
    (a) against the Appeals Board for any act which in good faith is done or purported to be done by the Appeals Board under this Act, or any appropriate Instrument; or Protection for action taken under this Act & c. or on the direction of the Board.
    (b) against any member of the Appeals Board 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 Appeals Board.
  (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.  
86. The Appeals Board shall have and may exercise the following powers, duties and functions: Powers, duties and functions of 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 or alleged to have been made and into allegations that appointments or promotions have not been made to posts when vacancies have arisen in such posts; [S 86(a), 1 of 1995]
  (b) to consider appeals from employees of the Commission or any Higher Educational Institution, who have been dismissed, compulsorily retired, or otherwise punished for misconduct, inefficiency or dereliction of duty, against such dismissal, compulsory retirement or other punishment; [S 86(b), 7 of 1985]
  (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 principal executive officer of the Higher Educational Institution concerned, as the case may be, the decisions arrived at after considering such appeals or conducting such investigations. [S 86(d), 7 of 1985]
87. A decision made by the Appeals Board in the exercise, performance and discharge of its powers, duties and functions under section 86 shall be final, and where remedial action has to be taken in consequence of such a decision, the Commission or the governing authority of the Higher Educational Institution concerned, as the case may be, shall implement such decision.

A decision of the Appeals Board to be final. [S 87, 7 of 1985]

88. (1) The Appeals Board may make Ordinance 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.

Power of the Appeals Board to make Ordinances. [Renumbered S 88 as 88(1), 7 of 1985]

  (2) Every Ordinance made by the Appeals Board under this Act shall be published in the Gazette and shall come into operation on the date specified therein. [Inserted a new subsection as 88(2), 7 of 1985]
 

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