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University Grants Commission - Sri Lanka

Universities Act - Part XVII

GENERAL PROVISIONS


121. A person shall be disqualified from being appointed to, or from being a member of, the Commission, the Specified Authority, the Appeals Board, or any Authority or other body of a Higher Educational Institution -

Disqualification from being members of the Commission, the Specified Authority, the Appeals Board or any Authority or other body of a Higher Educational Institution.

[S 121, 7 of 1985]

[Marginal Note, 7 of 1985]

  (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.
122. All members and the staff of the Commission, the Specified Authority and the Appeals Board, and all members of the staff of each Higher Educational Institution shall be deemed to be Public Servants within the meaning and for the purposes of the Penal Code.

Members and staff of Commission, Specified Authority, and Appeals Board and staff of Higher Educational Institutions deemed to be public servants. [S 122, 7 of 1985] [Marginal Note, 7 of 1985]

123 The Commission, the Specified Authority, the Appeals Board, and each Higher Educational Institution shall be deemed to be a Scheduled Institution within the meaning of the Bribery Act, and the provisions of that Act shall be construed accordingly.

The Commission, Specified Authority, the Appeals Board and each Higher Educational Institution to be a scheduled institution within the meaning of the Bribery Act. [S 123, 7 of 1985] [Marginal Note, 7 of 1985]

124. There shall be established a Committee of Vice-Chancellors and Directors for the purpose of considering all matters of common interest to the Universities, the Open University or University Colleges and for advising the Commission on such matters.

Committee of Vice-Chancellors and Directors.

[S 124, 7 of 1985]

125. If any question arises as to whether any person has been duly elected, appointed, nominated or co-opted as, or as to whether any person is entitled to be, a member of any Authority or other body of a Higher Educational Institution, the question shall be referred to the Commission whose decision thereon shall be final.
Questions as to validity of elections, appointments & c.
126. No act, resolution or proceedings of the Commission, the Specified Authority, the Appeals Board or any Authority or other body of a Higher Educational Institution shall be invalidated merely by reason of the existence of a vacancy or of vacancies among its members, or any defect or defects in the appointment of such member or any member or members thereof being disqualified under section 121.

Vacancies or defects not to invalidate resolutions or proceedings.

[S 126, 7 of 1985]

127. The Commission, the Specified Authority, the Appeals Board or any Higher Educational Institution shall not grant any bonus or make any gift or division of money, other than a death gratuity, to or between any of its members, except in accordance with this Act or any appropriate Instrument.

Gifts, & c.

[S 127, 7 of 1985]

128. (1) Notwithstanding the provisions of any other written law, no person, institution, corporation, or professional or other body, other than a University, Open University, Centre for Higher Learning, Degree Awarding Institute or the Buddha Sravaka Dharmapithaya established under Act, No. 16 of 1968, shall grant or confer on any person or persons any degree or other academic distinction whatsoever:

No person or body other than a University to grant or confer degrees.

[S 128, 7 of 1985]

    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.
129. (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.
Transfer of other institutions to a 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.
130. (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”.
Restrictions on the use of 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 Act No. 16 of 1968.
 

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