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University Grants Commission - Sri Lanka

Universities Act - Part IX

OFFICERS AND AUTHORITIES OF A UNIVERSITY COLLEGE, AND THEIR POWERS, DUTIES AND FUNCTIONS


54. (1) Upon the coming into force of a University College Order under section 24, the University College established with the name and style assigned to it by that Order, and the Director and the Members for the time being of the Board of Management and the Academic Syndicate shall have full power and authority by and in such name to do all the things a University is empowered or authorized to do under section 28(1) of this Act. University College Order and general powers of a University College.
(2) The powers conferred on a University College by the preceding provisions of this section shall, unless otherwise expressly provided, be exercised by its Board of Management.
55. Subject to the relevant University College Order, and the powers, duties and functions of the Commission, a University College shall have Powers of a University College.
power -
(a) to admit students;
(b) to provide for instruction in such branch or branches of learning as may with the concurrence of the Commission, be approved by the University or by any one of the Universities to which such College has been affiliated;
(c) to conduct with the approval of each appropriate University, examinations for the purpose of ascertaining the persons who have acquired proficiency in such branch or branches of learning as have been with the concurrence of the Commission approved by such University, and to recommend to such University persons who, having passed such examinations and having satisfied such other conditions as such University may prescribe by By-laws, are eligible for the award of degrees, diplomas and other academic distinctions of such University;
(d) to co-operate, by way of exchange of teachers, students and scholars or otherwise, with Universities or institutions in Sri Lanka or abroad having objects similar or substantially similar to those of the University College;
(e) to erect, equip, and maintain for the purpose of the University College, libraries, laboratories and other buildings whether for instructional or residential purposes;
(f) to recommend to the Commission the institution of Professorships, Associate Professorships, Senior Lectureships or Lectureships and other posts as may be required for the purposes of the University College; [S 55(f), 7 of 1985]
(g) to institute and award fellowships, scholarships, exhibitions, bursaries, medals and other prizes;
(h) to manage halls of residence, to license lodging-houses providing residential facilities to students and to provide such other services and facilities as may be necessary for the residence of students of the University College;
(i) to regulate and provide for the residence, discipline and well-being of officers, teachers, students and employees of the University College;
(j) to assist students of the University College to obtain loans from banks and other agencies and to frame appropriate By-laws for the purpose;
(k) to demand and receive such fees as may from time to time be prescribed by Regulation; and
(l) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University College:
Provided, however, that no such other act or thing affecting the provision of instruction or the conduct of examinations shall be done except with the prior approval of the University to which that University College is affiliated.
56. The Officers of a University College shall be the following:- Officers of a University College
(1) the Director,
(2) the Dean of each Faculty,
(3) the Secretary,
(4) the Librarian, and
(5) the Treasurer.
57. (1) The first Director of a University College shall be appointed by the Minister. The Director.
(2) Every subsequent Director shall be appointed by the Commission from a panel of three persons recommended by the Board of Management of the University College. Where a member of the staff of a Higher Educational Institution is appointed Director, such Institution shall release the member of the staff so appointed to accept the post of Director.
(3) A Director shall, unless he vacates office earlier or is removed from office under subsection (4) of this section, hold office for a period of three years reckoned from the date of his appointment or until he completes his sixty-fifth year or until the University College is granted the status of a University by a University Order made under section 21, whichever event occurs earlier.
(4) A Director, not being the first Director appointed under subsection (1), shall be removed from office by the Chairman of the Commission on a vote of censure passed by not less than two-thirds of the total membership of the Board of Management, at a Special meeting convened for the purpose.
(5) A Director who resigns or is removed from office or is unable to function as such by reason of the University College being granted the status of a University, may if he was a member of the staff of a Higher Educational Institution immediately prior to his appointment as Director, revert to his substantive post in such Higher Educational Institution, provided that he has not completed his sixty-fifth year.
58. (1) The Director shall be a full-time officer of the University College, and shall be the principal executive officer and the principal academic officer thereof. He shall be an ex officio member and Chairman of the Board of Management and the Academic Syndicate, and shall convene all meetings of the Board of Management and of the Academic Syndicate. He shall be entitled to convene, be present and speak at, any meeting of any other Authority or body of the University College, but shall not be entitled to vote at any such meeting unless he is a member of such other Authority or body. Duties and functions of the Director.
(2) It shall be the duty of the Director, in accordance with such directions as may from time to time be lawfully issued to him in that behalf by the Board of management, to ensure that the provisions of this Act and of any appropriate Instrument are duly observed, and he shall have and may exercise all such powers as he may deem necessary for the purpose.
(3) It shall be the duty of the Director to give effect, or to ensure that effect is given, to the decisions of the Board of Management and of the Academic Syndicate.
(4) The Director shall be the Accounting Officer of the University College.
(5) The Director shall be responsible for the maintenance of discipline within the University College.
(6) If the Director, by reason of leave, illness, absence from Sri Lanka, or other cause, is temporarily unable to perform the duties of his office, the Commission shall, within seven days of the occurrence of such inability, make such arrangements as it may think fit for carrying on the duties of the office. Until such arrangements are made, the Secretary shall carry on the routine duties of the office.
(7) If any vacancy occurs in the office of Director, the Commission shall, within seven days of the occurrence of such vacancy, make such arrangements as it may think fit for carrying on the duties of the office, until a permanent appointment is made under section 57(2). Until such arrangements are made, the Secretary shall carry on the routine duties of the office.
59. (1) The Secretary of a University College shall be appointed by the Board of Management upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full-time officer of the University College, and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument. The Secretary.
(2) The Secretary shall be responsible for the custody of the records and the property of the University College.
(3) The Secretary shall be the ex officio secretary of the Board of Management and the Academic Syndicate.
(4) The Secretary shall be the Assistant Accounting Officer of the University College.
(5) The Secretary shall, subject to the direction and control of the Director, be responsible for the general administration of the University College and the disciplinary control of its non-academic staff.
60. (1) The Librarian of a University College shall be appointed by the Board of Management upon the recommendation of a Selection Committee, the composition of which shall be prescribed by ordinance. He shall be a full-time officer of the University College, and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument. The Librarian.
(2) The Librarian shall, subject to the direction and control of the Director, be responsible for the administration of the library or the libraries of the University College.
61. (1) The Treasurer of a University College shall be appointed by the Board of Management upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance. He shall be a full-time officer of the University College, and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any appropriate Instrument. The Treasurer.
(2) The Treasurer shall, subject to the direction and control of the Secretary be responsible for the administration of the finances of the University College, and maintain its accounts in such form and manner as may be prescribed by Rules. He shall have the custody of the funds of the University College. [S 61(2), 7 of 1985]
62. The Authorities of a University College shall be the following:- The Authorities of a University College.
(1) the Board of Management; [S 62(3), 7 of 1985]
(2) the Academic Syndicate;
(3) the Faculty Board or Faculty Boards; and
(4) such other bodies as may be prescribed by Ordinance to be such Authorities.
63. (1) The Board of Management (hereinafter referred to as “the Board”) shall consist of the following persons:-

The Board of Management.

[S 63(1), 7 of 1985]

(i) the Director;
(ii) the Dean of each Faculty;
(iii) two members elected by the Academic Syndicate from among its members; and
(iv) such number of members as is equal to the total number of members under paragraphs (i), (ii) and (iii) increased by one, appointed by the Commission from among persons who have rendered distinguished service in educational, professional, commercial, industrial, scientific or administrative spheres.
(2) The provisions of subsections (2), (3), (4), (5), (6), (7), (8) and (9) of section 44 of this Act shall apply to the Board, subject to the modification that there shall be substituted -
(a) for the expression “Vice-Chancellor”, the expression “Director”;
(b) for the expression “Council”, the expression “Board of Management”,
wherever those expressions appear in those subsections.
(3) Subject to the provisions of this Act, the Board shall exercise, perform and discharge the powers, duties and functions conferred or imposed on or assigned to the Council of a University by section 45 of this Act, subject to the following modifications:-
(a) there shall be substituted -
(i) for the expression “Council”, the expression “Board”;
(ii) for the expression “University”, the expression “University College”; and
(iii)

for the expression “Senate”, the expression “Academic Syndicate”, wherever these expressions appear in that section; and

(b) by the omission of paragraph (xvi) of subsection (2) of that section. [S 62(3)(b), 7 of 1985]
Notwithstanding anything in the principal enactment, the appointed members of the Board of Management of every University College 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 Board of Management of University Colleges 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 member who so ceases to hold office shall be eligible for re-appointment.
64. (1) The Academic Syndicate shall consist of the following persons:-
(a) the Director;
(b) the Dean of each Faculty;
(c) the Head of each Department of Study;
(d) every permanent Professor of the University College;
(e) the Librarian;
(f) two representatives nominated from among its members, by the Senate of each University to which the University College is affiliated; and
(g) 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.
(2) Each nominated or elected member shall hold office as a member for a period of two years reckoned from the date of his nomination or election, as the case may be.

The Academic Syndicate. [S 64(1), 7 of 1985]

(3) The quorum for a meeting of the Academic syndicate shall be one-fourth its total membership.

The Academic Syndicate.

[S 64(1), 7 of 1985]

(4) Subject to the provisions of this Act, the Academic Syndicate shall exercise, perform and discharge the powers, duties and functions, conferred or imposed on or assigned to the Senate of a University by section 46 of this Act, subject to the following modifications:-
There shall be substituted -
(i) for subsection (5) of that section, the following subsection:-
“(5) The Academic Syndicate shall, with the concurrence of each appropriate University have control and general direction of instruction, education, research and examinations in the University College”;
(ii) in subsection (6), in paragraph (i) thereof, for the expression “or the Faculties concerned”, the expression “or the Faculties concerned and with the concurrence of each appropriate University”;
(iii) for the expression “Council”, the expression “Board”;
(iv) for the expression “University”, the expression “University College”; and
(v) for the expression “Senate”, the expression “Academic Syndicate”.
65. (1) A University College shall have such Faculty or such number of Faculties as may be specified in the relevant University College Order. Faculties of a University College.
(1A) Each Faculty of a University College shall consist of the Departments of Study assigned to that Faculty under the provisions of this Act.

[Inserted a new section as 65(1A), 7 of 1985]

(2) Each Faculty of a University College shall have a Faculty Board which shall consist of the following persons:- [S 65(2), 7 of 1985]
(a) the Dean of that Faculty;
(b) all permanent Professors, Associate Professors, Senior Lecturers and Lecturers of the Departments of Study comprising the Faculty;
(c) one member, elected by the permanent Assistant Lecturers of the Faculty from among their number;
(d) one member of the permanent staff imparting instructions in the Faculty, excluding those referred to in paragraphs (b) and (c), elected from among their number;
(e) two students elected by the students of the Faculty from among their number; and
(f) three representatives, nominated from among its ex officio members, by the corresponding Faculty Board of each University to which the University College is affiliated.
(3) (i) The Dean shall preside at all meetings of the Faculty Board. [S 65(3), 7 of 1985]
(ii) The members elected under paragraph (e) of subsection (2) shall be excluded from the proceedings of any meeting relating to the election of the Dean under section 66 of this Act, and to examinations and connected matters, and any such meeting shall notwithstanding such exclusion, be deemed to have been duly held.
(4) Each nominated member shall hold office for a period of two years and each elected member for a period of one year reckoned from the date of his nomination or election, as the case may be.
(5) A Faculty Board of a University College shall exercise, perform and discharge the powers, duties and functions conferred or imposed on or assigned to the Faculty Board of a University by section 48(3) of this Act, subject to the modification that there shall be substituted for the expression “Senate”, the expression “Academic Syndicate”, wherever that expression appears in that section. [S 65(5), 7 of 1985]
66. The provisions of section 49 shall, mutatis mutandis, apply to and in relation to the Dean of each Faculty of a University College. Section 49 to apply, mutatis mutandis, to Dean of Faculty.
66A The provisions of paragraphs (b) and (c) of section 144, shall, mutatis mutandis, apply to and in relation to the first Secretary and the first Treasurer respectively, of a University College.

Certain provisions of section 144 to apply, mutatis mutandis, to first Secretary and first Treasurer.

[Inserted a new section as 66A, 7 of 1985]

67. A University College 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. Recommendation of establishment of Faculties and Departments of Study.
68. The provisions of section 51 shall, mutatis mutandis, apply to and in relation to the Head of each Department of Study of a University College. Section 51 to apply, mutatis mutandis, to the Head of each Department of Study.
69. Subject to the provisions of this Act, the provisions of sections 135, 136 and 137 shall, mutatis mutandis, apply to and in relation to the Board, the Academic Syndicate and any other Authority or other body of a University College respectively: Sections 135, 136 and 137 to apply, mutatis mutandis, to Academic Syndicate & c.
Provided, however, that no By-law or Regulation pertaining to an academic matter shall be made except with the concurrence of the appropriate University.
70. For the purpose of this Part - Interpretation.
“academic matter” means any matter which is subject to the control and general direction of the Academic Syndicate; and
“appropriate University” means the University to which a University College has been affiliated for the purpose of providing instruction or conducting examinations prescribed for a degree, diploma or other academic distinction of such University.
 

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