CHAPTER 2
LEGAL FRAMEWORK OF THE STATE UNIVERSITY SYSTEM OF SRI LANKA
Preamble
This Chapter provides an overview of the legal and management framework of the HEIs as well as the University Grants Commission. The focus is mainly on their establishment and to identify the laws and other legal Instruments available for governing their activities. Particular attention is given to the memberships of governing boards, its powers, and functions, constitutional provisions of the Country governing HEIs and the nomination of chief officers in the HEIs.
Contents of the Chapter | ||
2.1 | University System and its legal basis | |
2.2 | Legislations governing the University system | |
2.2.1 | The Constitution of the Democratic Socialist Republic of Sri Lanka | |
2.2.2 | Universities Act, No. 16 of 1978 | |
2.2.2.1 | Amendments to the Universities Act | |
2.2.2.2 | The salient features in the Universities Act | |
2.2.2.3 | The areas covered under the Universities Act | |
2.2.2.4 | The hierarchical organizational structure of the State University System in Sri Lanka | |
2.2.2.4.1 | Minister of Higher Education | |
2.2.2.4.1.1 | Powers of the Minister | |
2.2.2.4.2 | University Grants Commission (UGC) | |
2.2.2.4.2.1 | Legal status of the UGC | |
2.2.2.4.2.2 | Composition of the UGC | |
2.2.2.4.2.3 | Objects of the UGC | |
2.2.2.4.2.4 | Powers and Functions of the Commission | |
2.2.2.4.3 | University Services Appeals Board | |
2.2.2.4.4 | Committee of Vice-Chancellors and Directors (CVCD) | |
2.2.2.4.5 | Higher Educational Institutions (HEIs) | |
2.2.2.4.6 | Universities | |
2.2.2.4.6.1 | Establishment of the Universities | |
2.2.2.4.6.2 | Legal status of Universities | |
2.2.2.4.6.3 | Powers and Functions of Universities | |
2.2.2.4.7 | Institute for Higher Learning | |
2.2.2.4.7.1 | Establishment of the Institute for Higher Learning | |
2.2.2.4.7.2 | Legal status of the Institute for Higher Learning | |
2.2.3 | Subsidiary Legislations provided in the Act to facilitate the smooth operation of the Act | |
2.2.4 | Establishments Codes | |
2.2.4.1 | Establishments Code of the University Grants Commission and the Higher Educational Institutions | |
2.2.4.1.3 | Areas Covered in the UGC Establishments Code | |
2.2.4.2 | Government Establishments Code | |
2.2.5 | Circulars | |
2.2.5.1 | Circulars issued by the Commission | |
2.2.5.1.1 | Definitions of Circulars issued by the Commission | |
2.2.5.2 | Internal Circulars issued by the Higher Educational Institutions | |
2.2.5.2.1 | Types of internal circulars issued by the HEIs | |
2.2.5.3 | Public Administration Circulars/Treasury Circulars | |
2.2.6 | Financial Regulations | |
2.2.7 | Policies and other guidelines approved by the Senate and the Governing Council of the University | |
2.2.8 | Other Laws and Acts relevant to University system | |
2.2.9 | Government Gazette | |
2.2.10 | Judicial decisions applicable to HEIs | |
2.2.11 | Traditions, Conventions and practices | |
2.2.12 | Norms, ethics and codes of best practices | |
2.1 | University System and its legal basis | |
2.1.1 | The higher education can be categorized into three main types; University Education, Professional Education and Vocational education. University education refers to tertiary education offered by public sector universities, private universities, degree awarding institutions, cross boarder universities, etc., leading to degrees. Higher Education in Sri Lanka is commonly provided by Universities and other Degree awarding Institutions which are state owned, semi government or privately owned. Many state owned universities have been established or deemed to be established for the purpose of conducting higher education in Sri Lanka. | |
2.1.2 | In order to establish or recognize Institutions providing higher education in Sri Lanka much legislation have been enacted by the Parliament. One such legislation is the Universities Act No. 16 of 1978 (hereinafter referred to as the "Universities Act"). | Act No. 16 of 1978 |
2.1.3 | Apart from the Universities Established under the Universities Act, there are several other national institutions established under separate Acts of parliament, but not coming under the purview of the Universities Act. They are Pali and Buddhist University of Sri Lanka established under the Act No. 74 of 1981, Buddhashrawaka Bikkhu University established under the Act No. 12 of 2012, Kotalawala Defense University established under Act No. 68 of 1981 and the University of Vocational Technology established under the Act No. 31 of 2008. | Act No. 74 of 1981 Act No. 12 of 2012 Act No. 68 of 1981 Act No. 31 of 2008. |
2.1.4 | Upon the repeal of the University of Ceylon Act, No. 1 of 1972, each Campus specified below shall be deemed to be a University established by Order made under Section 21 of the Act, and having the name specified in the corresponding entry below, and accordingly, all the provisions of the present Act shall, mutatis mutandis, apply to and in relation to such University; Campus name Given name by the new Act under the old Act Colombo University of Colombo Sri Lanka Peradeniya University of Peradeniya Sri Lanka Vidyodaya University of Sri Jayawardenapura, Sri Lanka Vidyalankara University of Kelaniya, Sri Lanka Katubedda University of Moratuwa, Sri Lanka Jaffna University of Jaffna, Sri Lanka | Act No. 1 of 1972 Section 21 and 139 of the Act No. 16 of 1978 |
2.1.5 | The other universities that are in operation today have been established by Orders made by the Minister under the present Universities Act. | |
2.2 | Legislations governing the University system | |
The Constitution of the Country, Universities Act, other legal instruments passed by the Parliament, subsidiary legislations such as Orders, Establishments Code, Circulars, By-laws, Ordnances, Rules and Regulations, other guidelines, policies, procedures and manuals, and judicial decisions of the Sri Lankan Courts will facilitate effective and smooth functioning of the activities of Universities. | ||
2.2.1 | The Constitution of the Democratic Socialist Republic of Sri Lanka | Constitution of 1978 |
2.2.1.1 | It is the utmost duty of all state Organizations including the Universities to protect and secure the constitutional provisions of the Democratic Socialist Republic of Sri Lanka being the supreme law of the country. | |
2.2.1.2 | The Constitution of the Democratic Socialist Republic of Sri Lanka (hereinafter referred to as the Constitution) is the main piece of legislation of the Country. All laws must be aligned with it. All laws contradicting the constitution are invalid. As of May 2015 it has been formally amended 19 times. All State Organizations including Public Corporations, all Citizens, even the President, Prime Minister, and Parliamentarians are bound by it. | |
2.2.1.3 | Fundamental Rights guaranteed to people are enshrined in the Constitution and every organ of the government including Universities should respect, secure, and advance such rights of citizens. The failure of government organs to secure the Fundamental rights paves the way for citizens to seek redress from the Supreme Court of Sri Lanka. More specifically, the Chapter on Language provides for the use of language in conducting its courses by Higher Educational Institutions. | Article 12 of Chapter III and Article 21 of Chapter VI of the Constitution |
2.2.1.4 | The University Grants Commission and each Higher Educational Institution is a Public Corporation within the ambit of Article 170 of the Constitution of the Democratic Socialist Republic of Sri Lanka. Article170 read thus: " Public Corporation means any corporation, board or other body which was or is established by or under any written law other than the Companies Ordinance, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise. | Article 170 of the Constitution |
2.2.2 | Universities Act No. 16 of 1978 | |
Legal basis for functioning of University system in Sri Lanka is provided by the Universities Act No. 16 of 1978 (hereinafter referred to as the "Universities Act") which established several independent and autonomous Universities. Restoration of independent University status by the Universities Act to all 6 campuses that were brought under one University in 1972 was taken place. The University Act restored the conventional tradition that British Universities enjoyed and also facilitated the expansion of the higher education sector. | Act No. 16 of 1978 | |
2.2.2.1 | Amendments to the Universities Act | |
The Universities Act has been amended subsequently on Eight occasions as follows;
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2.2.2.1.1 | The said amendments introduced the following changes to the main legislation; | |
Besides abolishing the University Court which was established to serve as a forum for public review of the University administration and to elect the Vice-Chancellor, this Amendment Act proceeded to replace the student assembly with Student Relations Council, insert provisions for Establishment of an Institute for Higher Learning, recognition of Degree awarding Institutes and appointment of specified authority and faculty of Graduate studies, make changes in the composition, functions and powers of some of the University Authorities and bodies including the Commission and the procedure relating to the appointment of the Vice-Chancellors. | Act No. 7 of 1985 | |
Amended the provisions relating to the Degree Awarding Institutes in the principal enactment. | Act No. 24 of 1988 | |
Amended the provisions relating to the Degree Awarding Institutes in the principal enactment. | Act No. 33of 1988 | |
This amendment moved to replace "The Students Relations Councils" with the ‘University Students Union and other Associations’. | Act No. 26 of 1988 | |
Inserted provisions to empower the Minister to vest in the Government any undertaking carried out on by a Degree Awarding Institute and the procedures to be followed. | Act No. 3 of 1989 | |
Among other minor changes urgently needed in the implementation of the Universities Act, this Amendment Act introduced new provisions for recognition of Institutes or Colleges as Institutes or Centers for Higher Learning. The provisions of the Principal enactment relating to the appointment of the Vice-Chancellor and the probationary period of teachers were also amended. | Act No. 01 of 1995 | |
The provisions were brought into amend the composition of the Faculty Board, appointment of staff of the University, probationary period of teachers of the University, the retiring age of employees other than teachers and the definition of “teachers”. | Act No. 57 of 2009 | |
Amended the provisions of the principal enactment with regard to the age of retirement and the disciplinary authority of the employees attached to the Higher educational Institutions and the Higher Educational Institutes established under section 24A or 24 B of the Universities Act. A definition for the Higher Educational Institute was also brought in | Act No. 17 of 2016 | |
2.2.2.2 | The salient features in the Universities Act | |
2.2.2.2.1 | There are many new features that have been introduced to the University system by the Universities Act to facilitate the activities of Universities such as; | |
| Part I of the Universities Act | |
| Parts II and III of the Universities Act | |
| Parts IV to IX of the Universities Act | |
| Part IV and IXA of the Universities Act | |
| Part XI of the Universities Act | |
| Part XII of the Universities Act | |
| Part XIV of the Universities Act | |
| Part XVII of the Universities Act | |
Ordnance, Government Quarters (recovery of possession) Act and the State Land (Recovery of Possession Act to the property of the University. | Parts XV and XVI of the Universities Act | |
2.2.2.3 | The areas covered under the Universities Act | |
| Part 1 of the Act | |
| Part II of the Act | |
| Part III of the Act | |
| Part IV of the Act | |
| Part V of the Act | |
| Part VII of the Act | |
| Part VI of the Act | |
| Part VIII of the Act | |
| Part IX of the Act | |
| Part IX-A of the Act | |
| Part X of the Act | |
| Part XI of the Act | |
| Part XII of the Act | |
| Part XIII of the Act | |
| Part XIV of the Act | |
| Part XV of the Act | |
| Part XVI of the Act | |
| Part XVII of the Act | |
| Part XVIII of the Act | |
| Part XIX of the Act | |
| Part XX of the Act | |
| Part XXI of the Act | |
| Schedule | |
2.2.2.4 | The hierarchical organization structure of the State University System in Sri Lanka | |
The Universities Act has created the following hierarchical structure for the bodies and authorities established thereunder. | ||
2.2.2.4.1 | Minister of Higher Education | Part III of the Act |
At the apex of the university organization is the Minister in-charge of Higher Education who represents the central government. The Minister is responsible for the general direction of the University education as well as the administration of the Universities Act. | ||
2.2.2.4.1.1 | Powers of the Minister | Section 20 of the Act |
2.2.2.4.1.1.1 | Under the provisions of the Universities Act, the Minister has the powers to
(ii) direct the Commission to order all or any of the activities or the administration of any university to be investigated and reported upon and also to take such remedial action as the minister may consider necessary, and (iii) exercise emergency powers of intervention in the event of complete breakdown of law and order in any university. | |
2.2.2.4.1.1.2 | In addition the Minister, in consultation with the Commission, may make following Orders:
| Sections 21,2223,24,25,28, 70B and 70N of the Act |
2.2.2.4.2. | University Grant Commission | Parts I and II of the Act |
The Act provides for the creation of a University Grants Commission (hereinafter referred to as the "Commission") in order to mediate between the central government and the universities. The main functions of the Commission are allocation of funds to higher educational institutions, coordination of teaching and research programmes in higher educational institutions, and ensuring the compliance to accept | ||
It is the apex body and regulatory authority of the University system. | ||
2.2.2.4.2.1 | Legal status of the Commission | |
The Commission is a body corporate with perpetual succession and a common seal. | Section 2 of the Act | |
2.2.2.4.2.2 | Composition of the Commission | Section 4, 5, 6, 7 ,8 and 9 of the Act |
The Commission is composed of a Chairman, a Vice-Chairman and five other members, all of whom have to be appointed by the President for a term of five years reckoned from the date of appointment and continue to function as members unless removed from office, and is eligible for reappointment. The Chairman presides at all meetings of the Commission, and the Vice-Chairman has to preside at such meetings in the absence of the Chairman. The Chairman is the Chief Executive Officer and the Accounting Officer of the Commission. | ||
2.2.2.4.2.3 | Objects of the Commission | Section 3 of the Act |
ii. Apportionment of funds to HEIs, voted by Parliament in respect of University education and the control of expenditure by such HEIs iii. Maintenance of academic standards in HEIs iv. Regulation of the administration of HEIs v. Regulation of the admission of students to each HEI vi. Exercise, performance and discharge of such powers, duties and functions as are conferred, or imposed on, or assigned to the UGC by or under the Act | ||
2.2.2.4.2.4 | Powers and Functions of the Commission | Section 15 of the Act |
The Commission has and exercises a wide range of powers for the purpose of achieving the above said object. More important of these include the following:
iv to determine in consultation with the governing authority of each Higher Educational Institution, the total number of students which shall be admitted annually to each Higher Educational Institution and the apportionment of that number to the different courses of study
ix to transfer or re-allocate the staff other than teachers, equipment and other facilities
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2.2.2.4.3 | University Services Appeal Board | Part XI of the Act |
Another significant feature in the organizational structure is the University Service Appeals Board (USAB). It is a quasi-judicial body independent of the Commission and the universities, and consists of three members, Chairman, Vice-Chairman and another Member, all of who are appointed by the Minister. The USAB serves as a final board of appeal against decisions of the Commission and the University Councils in all disciplinary matters and in the redress of grievances with regard to appointments, promotions and related matters. The Extra Ordinary Gazette No. 769/12 has been made by the USAB to set out the procedure to perform and discharge its powers, duties and functions under the Act. | Sections 80 to 88 of the Act Gazette Notification No. 769/12 | |
2.2.2.4.4 | Committee of Vice-Chancellors and Directors(CVCD) | Part XVII of the Act |
2.2.2.4.4.1 | The Act also provides the provisions for the establishment of a Committee of Vice-Chancellors and Directors (CVCD). | Section 124 of the Act |
2.2.2.4.4.2 | The aims of the CVCD are: (i) to provide opportunities for universities to discuss matters of common interest and for advising the Commission on such matters, (ii) to study the problems and needs of universities, and their relations with other educational institutions, Commission , the government and the community, (iii) to offer advice to universities on matters of general concern to such Institutions, (iv) to act as a liaison body to coordinate matters of common interest of universities with the Commission (v) to collect and disseminate information about universities and (vi) to do all such other acts and things, whether incidental to the aims aforesaid or not, as may be requisite in order to further the objects of the CVCD. | Induction programme -course materials |
2.2.2.4.4.3 | The Chairman of the CVCD is elected by the committee from among its members to hold office for a period of one year. | |
2.2.2.4.4.4 | The CVCD advises the UGC on matters of common interest and Commission seeks the advice of the CVCD on matters affecting the universities. Joint meetings of the CVCD and the Commission, presided over by the Chairman, are held regularly. | |
2.2.2.4.5 | Higher Educational Institutions (HEIs) | Part IV of the Act |
2.2.2.4.5.1 | The Minister may, in consultation with the Commission, by orders published in the Gazette, establish HEIs for the purposes of the Act. | Sections 21, 22,23,24 and 27(2) of the Act |
2.2.2.4.5.2 | University, Campus, Open University, University College, or Centre for Higher Learning established or deemed to be established under the Act shall be considered as Higher Educational Institutions. | Section 147 of the Act |
2.2.2.4.6 | Universities | |
2.2.2.4.6.1 | Establishment of the Universities | Section 21 of the Act |
2.2.2.4.6.1.1 | Establishment of a University is by an Order of the Minister of Higher Education issued in consultation with the Commission. Universities are established for the purpose of providing, promoting and developing higher education in all such branches of learning as shall be specified in such order. By the University Order, the Minister may assign a name and style specifying the location or site which should be the seat of such university, assign a Faculty or Faculties and specify the departments of study comprising such Faculty or Faculties. | |
2.2.2.4.6.1.2 | For all other purposes, the Universities are considered as public Corporations | Article 170 of the Constitution and the UGC Circular No. 69 |
2.2.2.4.6.2 | Legal status of Universities | |
Universities are body corporates with perpetual successions and common seals. | ||
2.2.2.4.6.3 | Powers and Functions of Universities | Part V of the Act |
In addition to the general powers mentioned in Section 28 of the Universities Act such as the power and authority to sue and be sued in all courts, alter the seal at its pleasure, acquire by way of purchase or otherwise property, and exercise, perform and discharge all such powers, duties and functions as may be conferred or imposed on or assigned to the university by the Act or any appropriate instrument, the universities have power to perform and exercise the functions stated in Sections 29, 30 and 31 of the Universities Act through its Council. Some of the important and common functions are as follows:
| Sections 28, 29,30 and 31 of the Act | |
2.2.2.4.7 | Institute for Higher Learning | Section 24A, 24B |
2.2.2.4.7.1 | Establishment of the Institute for Higher Learning | |
2.2.2.4.7.1.1 | The Minister may, in consultation with the Commission, by an Order published in Gazette 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. | |
2.2.2.4.7.1.2 | The structure, powers, duties and functions of an Institute or Centre for Higher Learning shall be prescribed by an Ordinance published by the Commission. Section 24 B of the Act further provided that the Minister may, by an Order published in the Gazette, recognize such institute as an Institute or Centre for higher learning for the purpose of providing , promoting and developing higher education in such branches of learning and shall affiliate such institute to a Higher Educational Intuition. | |
2.2.2.4.7.1.3 | Any such institute for higher learning established or deemed to be established under Section 24A or 24B of the Universities Act shall be called as a Higher Educational Institute. E.g. Postgraduate Institutes established by Ordinances. | Amendment Act No, 17 of 2016 |
2.2.2.4.7.2 | Legal status of the Institute for Higher Learning | |
No independent legal status has been conferred on such Institutes or Centres established under Sections 24A and 24B of the Act. Such Institutes or Centres are affiliated to a particular Higher Educational Institutions. | ||
2.2.3 | Subsidiary Legislations provided in the Act to facilitate the smooth operation of the Act | |
2.2.3.1 | In order to facilitate the operation of the Act, provisions have been made for appropriate instruments providing for a wide range of subsidiary legislation. They are;
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Orders are made by the Minister, in consultation with the Commission, in the exercise of powers vested in him by the Act for the establishment of Universities, Campuses, University | Section 20(1)2, 4. 21, 2223 24, 25A, 70 B of the Act | |
Ordinances are made by the Commission 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. The University Service Appeal Board (USAB) also can make Ordinances in respect of matters assigned to it as it may deem necessary. All Ordinances are required to be published in the Gazette. | Sections 18(1), 24, A25, 35 and 88(1) | |
Subject to the provisions of the Act, Orders and Ordinances, By-laws are made by the Governing Authorities of the HEIs in respect of matters specified in the Act. By-laws are required to be made by Senate/Academic syndicate of the HEI and approved by the Governing Authority. Every by-law made by the Governing Authority of a HEI shall come into force on such date as specified therein. | Sections 45(2) ix and 135 of the Act | |
Rules are made by the Commission, USAB, specified authority and any authority or other body of a HEI. They normally relate to matters to be prescribed by or provided for by Rules to be made under the Act for conducting the business of those authorities and bodies for which other provision has not been made. Establishments Code, Circulars issued by the Commission and the Public Administration and Treasury Circulars adopted by the Commission from time to time also form a part and parcel of the rules | Sections 45 (2) x and 137 of the Act | |
Subject to the provisions of legal instruments referred to above, regulations relating to academic matters are made by the Senate or the Academic syndicate as per Section 136 of the Act. | Sections 45 (2) x and 136 of the Act | |
In order to achieve the object of “the regulation of the administration of Higher Educational Institutions”, the Establishments Code has been prepared and published by the Commission. In short the Establishments Code contains the rules and procedures the HEIs are expected to follow in establishment matters (the areas covered under this will be discussed in a succeeding paragraph). | Section 3 (iv) of the Act | |
The Commission, for furtherance of its objectives, powers, duties and functions, issue directives to the HEIs in the form of Circulars. | Section 3(iv) of the Act | |
2.2.4 | Establishments Codes | |
Not only the Establishments Code prepared by the University Grants Commission but also the Establishments Code of the Democratic Socialist Republic of Sri Lanka followed by the Universities in their day to day activities as a guidance. | ||
2.2.4.1 | Establishments Code of the University Grants Commission and the Higher Educational Institutions | Section 3 (iv) of the Act |
2.2.4.1.1 | The Establishments Code contains administrative directions and regulations issued by the UGC as mentioned above, for the guidance and compliance of the staff of the Commission and the HEIs. The intention of preparing an Establishments Code is to make it possible for HEIs to make decisions on establishment matters without referring them always to the Commission. Contents may change or be refined from time to time depending on the requirements. Such changes are usually made known through Circulars and Establishment Circular Letters after due consideration by the Commission. | |
2.2.4.1.2 | The Establishment Code helps to improve the administrative procedures that are followed in the system. Procedures explain as to how the legal basis of the Act is maintained in making and implementing decisions relating to the management of the Commission and the HEIs. | |
2.2.4.1.3 | Areas Covered in the UGC Establishments Code | |
Chapter I - Administrative Structure, and powers, Duties and functions of the University Grants Commission and Higher Educational Institutions / Institutes | ||
Chapter II - Common Seal, Coat of Arms and Academic Dress or Insignia or both | ||
Chapter III - Recruitment Procedures and Appointments | ||
Chapter IV – Salaries | ||
Chapter V - Allowances | ||
Chapter VI - Fees | ||
Chapter VII - Overtime, Holidays and Holiday Pay | ||
Chapter VIII - Leave to University Staff
Minor Employees
Educational Institutions / Institutes etc.
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Chapter IX - Railway Warrants | ||
Chapter X - Facilities for study to Teachers, Officers etc. | ||
Chapter XI - Holiday railway warrants and concessionary season tickets | ||
Chapter XII - Special concessions and conditions regarding persons suffering from certain types of illnesses | ||
Chapter XIII - Uniforms and protective clothing | ||
Chapter XIV - Concessions to Members of Trade Unions | ||
Chapter XV - Political Rights to persons employed in the Higher Educational Institutions | ||
Chapter XVI - Exercise of the right of an Association | ||
Chapter XVII - Rights of the University over its employees | ||
Chapter XVIII - General rules of Administration | ||
Chapter IXX - General conduct and Discipline | ||
Chapter XX - Disciplinary Procedure | ||
Chapter XXI - Property for the use of the Commission and Higher Educational Institutions | ||
Chapter XXII - Custody of Property | ||
Chapter XXIII - Losses of property | ||
Chapter XXIV - Verification of Stores | ||
Chapter XXV - Motor Vehicles | ||
Chapter XXVI - Legal Advice and Legal Action | ||
2.2.4.2 | Government Establishments Code | |
2.2.4.1.2.1 | The Establishments Code issued by the Ministry of Public Administration is popularly known as the Government Establishments Code. Since it has been confined to public officers, there is a need to have a separate Establishments Code for the University System. Although the contents of the two Codes are more or less similar, the Universities Establishment Code has been prepared to suit the university system. | |
2.2.4.1.2.2 | The Commission Circular No. 911 has been issued by the UGC to recognize the provisions of the Government Establishment Code when the provisions of the Universities establishment are silent. The Public administration Circulars amending the provisions of the Government Establishment Code are applicable to the Universities subject to the provisions made in the said Circular 911. | UGC Circular 911 |
2.2.5 | Circulars | |
Circulars issued by the University Grants Commission, Ministry of Higher Education, Ministry of Finance and Planning and Ministry of Public Administration are expected to follow by the Universities | ||
2.2.5.1 | Circulars issued by the Commission | |
The Circulars are issued by the Commission in many forms such as Commission Circulars, Establishment Circulars, Finance Circulars, Internal Audit Circulars and Circular letters. These Circulars are issued with respect to establish procedures in relation to recruitments, promotions, leave, academic development and plans, discipline, financial disbursements, audit etc. | Section 3 (4) | |
2.2.5.1.1 | Definitions of Circulars issued by the Commission | |
These Circulars are issued by the Commission of the UGC in order to regulate the administration of the Universities. | ||
Are issued by the UGC in relation to the finance handling by the universities. All the Higher Educational Institutions including the Institutes are bound to follow such Circular instructions. | ||
Issues with regard to the matters relating to the pension fund. | ||
Based on the recommendations of the Audit and Management Committee of the UGC, these circulars are issued by the UGC to enrich the internal audit functions of the Universities. | ||
2.2.5.2 | Internal Circulars issued by the Higher Educational Institutions | |
2.2.5.2.1 | In addition, the Higher Educational Institutions also issue various internal circulars for the furtherance of its objectives, maintenance of discipline etc. To have an effective and efficient management of the internal affairs of the Universities, the Vice-Chancellor, Registrar and the Bursar and Internal Audit Division will issue internal circulars. These circulars are binding only on that particular University. However, no such circular can be issued in contravention to the circulars issued by the UGC and the Universities Act. | 45(2) iii and iv |
2.2.5.2.2 | Types of internal Circulars issued by the HEIs | |
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2.2.5.3 | Public Administration Circulars/Treasury Circulars | |
2.2.5.3.1 | In addition to the Circulars instructions issued by the Commission to regulate the academic, finance and administrative activities of the HEIs as aforesaid, circular instructions are issued by various government authorities and agencies from time to time by way of Treasury Circulars and Public Administration Circulars. The Commission having taken the cognizance of the said decisions which the HEIs have to comply with adopt and circulate among the HEIs in the form of Commission Circulars and Establishment Circular letters for compliance. | |
2.2.5.3.2 | When the Circulars/Circular letters are issued by Ministries which deal with the management of internal affairs of the Commission and the Higher Educational Institutions and are inconsistent with the provisions of the Act, the provisions of the Universities Act will supersede the instructions contained in such Circulars and Circular Letters. However, it is open for the Commission and the Higher Educational Institutions to adopt and to act upon any such instructions as are not inconsistent with the provisions of the Universities Act. | UGC Circular 69 |
2.2.6 | Financial Regulations | Financial Regulations No.6 |
2.2.6.1 | The Minister of Finance has approved the Government Financial Regulations 1992 for the carrying out of government financial transaction in an orderly manner and is not intended to be an obstruction to the execution of Government Programme of work. | Extra Ordinary Gazette Notification No. 2227 dated 07.05.2021 |
2.2.6.2 | In respect of matters such as the procurement of supplies, tender procedures and the execution of works, referred to in Chapter XIII of these Regulations, a Head of Department may, in appropriate circumstances, deviate from the procedures laid down, if he is satisfied that such deviation is necessary in the public interest. Full reasons for doing so should be recorded and the Head of the Department should justify his action. Each such variation should immediately be reported to the Secretary to the Ministry, the Director General Department of Public Finance of the Treasury, and the Auditor General. | |
2.2.6.3 | Where such deviation is necessitated by the neglect, delay or default on the part of any officers, their names should also be reported and appropriate actions taken against them. | |
2.2.6.4 | All statutory bodies including Universities shall be expected to follow these Financial Regulations. | |
2.2.7 | Policies and other guidelines approved by the Senate and the Governing Council of the University | 45(2) iii and iv |
For the better manifestation of the provision of the universities Act and the Establishments Code, the Council and the Senate of each University may formulates various policies and guide lines. With the adoption by the respective Council or the Senate the staffs of the University are bound to follow the said policies and guidelines. | ||
2.2.8 | Other Laws and Acts relevant to University system | |
Although the Universities Act is the fundamental or principal legal instrument upon which the university system is established and governed, various other enactments passed by the Parliament and the Ordinances made prior to October 1947 also have a great impact on the smooth functioning of the University system. Some of these enactments are listed below: | Section 2 of the Interpretations Ordinance | |
This Act provides for the powers, duties and functions of the Audit Service Commission; the establishments of the office to the National Audit Office and the Sri Lanka State Audit Service; to specify the role of the auditor general over public finance and to make provisions for matters connected therewith. The Universities being public Corporations falls under the purview of this Act. | Act No.19 of 2018 | |
This is an Act to eliminate ragging and other forms of violence, and cruel, inhuman and degrading treatment, from educational Institutions. Any person who carries out or participates in ragging within or outside an education Institution will be guilty under this Act. Redress can be sought under this Act to a student as well as a staff member of an educational Institution. | Act No. 20 of 1998 | |
This Ordinance makes provisions for the payment of maternity benefits to women workers and for other matters incidental to the Employment of such women before and after their confinement. | Nos.32 of 1939 and 35 of 1946 | |
This Act provides for the payment of gratuity by employers to their workmen. As per the Act any employer including a public Corporation is required to pay gratuity as provided therein. | Act No.12 of 1983 | |
This Act requires an Employer to pay 3 % from the monthly earnings of an employee to a fund called "Employer's Trust Fund" which is controlled by a Board established under the Act. | Act No.46 of 1980 | |
A workman, including the persons employed in a corporation can seek the redress under provisions of the Act in relation to an Industrial Dispute. | Act No.27 of 1966 | |
This Act established Mediations Boards to attend issues of disputants which are falling under the jurisdiction of the Mediation Board. Also no action should be instituted in Courts which carry a value less than 500,000/- without them being first referred to the Mediation Board for settlement. | Act No. 72 of 1988 | |
This Act provides for establishing a fund to contribute a certain percentage from the monthly salary of an employee. The contributions should be made by the employer as well as the employee. This Act also provided for creating private provident funds within the organization. The Provident Fund established in the Commission has been created under this Act. The contribution of the employer under the Universities Act is much higher than that of the normal contribution ruled under the Act. In addition any employee who ceases to become an employee of the University/Commission can apply for withdrawal of the money in the UPF account whereas under normal circumstances the employees are required to wait till they complete 55 years. | Act No.15 of 1958 | |
This Ordinance aims to prevent frauds and perjuries. The Ordinance provides for effective way of executing legal documents. | No. 7 of 1840 | |
Any offence committed by a person against the public property can be charged under this Act. The property of the public corporations is considered as public property for the purposes of this Act. | Act No.12 of 1982 | |
This Act prescribes the Sinhala Language as the one official language of Ceylon. However, the Constitution of Sri Lanka recognizes Tamil also as an official language. The official language Commission Act No. 18 of 1991 too provides for the use of official languages. | Act No.33 of 1956 | |
This Act provides for the right of access to information held by public authorities in the manner provided therein. The right to information was established for transparency, government accountability, and general public protection against mismanagement and corruption together with the intention of improving public participation in policy making | Act No.12 of 2016 | |
This Act provides for time limits for filing legal actions in Court. The following time limits have been prescribed in the Act for:
- 10yrs
- 6 yrs
-3 yrs
| Ordinance No. 22 of 1871 | |
This Act requires the Auditor General to audit the public Corporations. The financial obligations of public corporations have been dealt in detail. | Act No.38 of 1971 | |
Any public servant who commits an offence falling under this Act shall be charged under the provisions of this Act for the purpose of imposing criminal punishments if the charges are proven. The recent amendment Act No. 20 of 1994 brought about not only a structural change in the enforcement machinery in respect of offences under the Bribery Act, but has also for the first time made "corruption" an offence | Act No.11 of 1954 | |
This Act established the Human Rights Commission of Sri Lanka to investigate an allegation of the infringement or imminent infringement of a Fundamental Right by Government organizations. | Act No.21 of 1996 | |
This Act makes provision for the recovery of possession of quarters provided by or on behalf of the Government of Sri Lanka or a Public Corporation for the occupation of persons | Act No. 40 of 1974 as amended | |
This Act makes provision for the recovery of state lands from persons in unauthorized possession or occupation thereof | Act No. 7 of 1979 as amended | |
This is an Act to provide for the law relating to intellectual property and for and for an efficient procedure for the registration, control, and administration thereof. | Act No. 36 of 2003 | |
This Ordinance relates to the giving of security by public Officers in the Employment of the Government of Sri Lanka | Ordinance No. 14 of 1890 as amended | |
This is an Ordinance for defining the meaning of certain terms and for shortening the language used in Enactments and other written law and for other purpose. | Ordinance No. 21 of 1901 as amended | |
2.2.9 | The Government Gazette of the Democratic Socialist Republic of Sri Lanka | Government Gazette (Publication) 1930 |
According to Section 2 of the Interpretation Ordinance, Government Gazette shall mean the gazette published by the order of the Government of Sri Lanka, and shall include any extraordinary gazette so published. | Section 2 of the interpretation Ordinance | |
2.2.10 | Judicial decisions | |
Decisions of Courts which interprets provisions of the legal instruments applicable to the Universities are binding on the Universities. | ||
2.2.11 | Traditions, Conventions and practices | Induction course materials |
In addition there are university traditions, conventions, practices which have evolved over the years and acknowledged and adhered to in the administrative process. | ||
2.2.12 | Norms, ethics and codes of best practices | Induction course materials |
Under the increasing tendency for specialization to create own distinctive identities, most universities formulate and adopt certain institution level directions and guidelines which the employees are required to follow in addition to the mandatory laws rules and regulations. These additional institutional level directions and guidelines constitute the norms, ethics and codes of practice. E.g. Commitment for contribute in achieving the aims and objectives of the University, Fair dealing, Accountability, individual responsibility, integrity and respect for others. | ||
