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University Grants Commission - Sri Lanka

Universities Act - Part IX-A

POWERS OF DEGREE AWARDING INSTITUTES


[Inserted a new part as IX A, 7 of 1985]
70A A Degree Awarding Institute recognized by an Order under section 25A shall, with the concurrence of the Specified Authority, have the power - Powers of Degree Awarding Institutes.
(a) to admit students and provide for instruction in such branches of learning as are specified in the Order made under section 25A in respect of such Institute;
(b) to hold examinations for the purpose of ascertaining the persons who have acquired proficiency in the courses of study in such branches of learning;
(c) to grant and confer, degrees, diplomas, certificates and other academic distinctions on persons who have followed instruction in the courses of study in such branches of learning and passed such examinations;
(d) to grant and confer degrees on persons who have conducted research under its supervision and subject to conditions specified by the Specified Authority.
70B (1) The Minister may by an Order published in the Gazette appoint any person by name or office to be a Specified Authority for the purposes of this part of this Act. Appointment to Specified Authority.

 

(2) The Specified Authority may with the approval of the Minister delegate any of his powers to such Standing Committees or ad hoc committees consisting of such number of members as may be determined by the Specified Authority or to any officer or servant appointed by such Authority.
70C (1) The Minister shall before making a Degree Awarding Institute Order under section 25A in respect of an Institution, obtain a report in relation to such institution, including the educational facilities provided therein, from the Specified Authority.

Minister to obtain report before making an order under section 25A.

[S 70C(1), 24 of 1988]  

 

  (2)   The Minister may, in consultation with the Specified Authority issue to every Degree Awarding Institute general or special directions as to the exercise by such Institute of its powers and it shall be the duty of every such Institute to comply with every such direction.
  (3) The Minister may issue to a Degree Awarding Institute a special direction to the effect that every student of such Degree Awarding Institute (whether admitted before or after the date of such direction) shall be eligible to sit only for the examinations conducted and held by that Degree Awarding Institute in such branches of learning as are specified in the Order made under section 25A recognising such Degree Awarding Institute. [Inserted a new subsection as 70C(3), 33 of 1988]  
  (4) A special direction issued to a Degree Awarding Institute under subsection (3) shall be final and conclusive in regard to the question of such eligibility and shall not be called in question in any court of law. [Inserted a  new subsection as 70C(4), 33 of 1988]  
  (5) A special direction issued to a Degree Awarding Institute under subsection (3) shall have effect notwithstanding anything to the contrary in any agreement or settlement reached in any action between - [Inserted a new subsection as 70C(5), 33 of 1988]
    (a) such Degree Awarding Institute or its management and the students of such Degree Awarding Institute:  
    (b) such Degree Awarding Institute or its management and any Higher Educational Institution; or  
    (c) the students of such Degree Awarding Institute and any Higher Educational Institution.  
70D The Specified Authority shall exercise the following powers subject to the direction and control of the Minister:- Powers of the Specified Authority.
  (i) determine the requirements for the admission of persons to courses of study at Degree Awarding Institutes;  
  (ii) determine in consultation with each Degree Awarding Institute the courses of study which shall be provided in such Institute, being courses of study in such branches of learning as are specified in the Order made under section 25A in respect of such Institute, the examinations to be held to ascertain whether persons who have followed such courses of study have acquired proficiency therein, and the degrees, diplomas and other academic distinctions which shall be awarded as such Institutes;  
  (iii) determine from time to time in consultation with each Degree Awarding Institute the number of students which shall be admitted annually to each such Institute and the apportionment of that number to the different courses of study at such Institute;  
  (iv) determine the qualifications of the teaching staff of Degree Awarding Institutes;  
  (v) determine the facilities to be provided and the academic standards to be maintained at such Degree Awarding Institutes;  
  (vi) appoint such officers and servants as may be necessary for the exercise of its powers under this Act.  
70E (1) No suit or prosecution shall lie - Protection for action taken under this Act & c., and under direction of the Specified Authority.
    (a) against the Specified Authority for any act which in good faith is done or purported to be done by the Specified Authority under this Act, or any appropriate Instrument; or
    (b) against any member of the staff of the Specified Authority 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 Specified Authority.
  (2) No writ against person or property shall issue against a member of the Staff of the Specified Authority in any action brought against the Specified Authority.  
70F (1) Where the Minister considers it necessary to do so, in the public interest, he may by Order published in the Gazette, vest in the Government with effect from such date as is specified in such Order, any undertaking carried on by a Degree Awarding Institute.

Power of Minister to vest undertaking of Degree Awarding Institute in the Government.

[Inserted a new section as 70F, 3 of 1989]

 

  (2) Where any undertaking carried on by a Degree Awarding Institute is vested in the Government by an Order made under subsection (1), the Government shall with effect from the date specified in such Order, have absolute title to that undertaking free from all encumbrances.
  (3) Every Order made under subsection (1) shall be laid before Parliament within thirty days of the date specified in such Order and if Parliament is not in session within fifty days of the Commencement of the session next ensuing by a motion that such Order be approved.
  (4) Where Parliament refuses to approve an Order made under subsection (1) in respect of an undertaking carried on by a Degree Awarding Institute, that undertaking shall be deemed never to have vested in the Government by virtue of that Order and any question which may arise as to any right, title or interest in, or over, such undertaking shall be determined accordingly.  
70G (1) Where an undertaking carried on by a Degree Awarding Institute is vested in the Government by an Order made under section 70F, there shall be appointed a Competent Authority to manage and administer the affairs of that undertaking.

Appointment of Competent Authority.

[Inserted a new section as 70G, 3 of 1989]

 

  (2) A Competent Authority appointed under subsection (1) to manage and administer the affairs of an undertaking carried on by a Degree Awarding Institute, shall take possession of the property of that undertaking.
70H (1) Where an undertaking carried on by a Degree Awarding Institute is vested in the Government by an Order made under section 70F, all the rights and liabilities under any contract or agreement which relates to the purposes of such undertaking and subsisting on the day preceding the date specified in such Order shall vest in the Government.

Contracts of an undertaking.

[Inserted a new section as 70H, 3 of 1989]

 

  (2) The Minister may -
    (a) repudiate any liability under -
      (i) any contract or agreement, which in his opinion, has been entered into mala fide; or
      (ii) any contract or agreement with a student of the Institute who has not fulfilled the minimum requirements specified by the Commission, from time to time, for admission to a University, or  
    (b) review or vary the terms and conditions of any contract or agreement entered into with a member of the staff of any such Institute, having regard to the terms and conditions attached to corresponding posts in Higher Educational Institutions.  Notice of repudiation or Variation shall be given to the parties to the contract or agreement, within six months of the date specified in such Order.  
  (3)   Where the Minister repudiates the liabilities under any such contract or agreement those liabilities shall be deemed never to have vested in the government.  
70J (1) Any person aggrieved by an Order made under section 70F in respect of an undertaking carried on by a Degree Awarding Institute may, within fourteen days of that Order, apply to the Minister for revocation of such Order.

Application for revocation.

[Inserted a new section as 70J, 3 of 1989]

 

  (2) The Minister shall refer any application made under subsection (1) to an Advisory Board consisting of not less than three persons as may be appointed by the Minister, and such Advisory Board shall within sixty days advise the Minister as to whether the Order should be revoked.
  (3)   The Minister, may, after considering the advice tendered to him by the Advisory Board, revoke the vesting Order in respect of which the application was made.  
70K (1) The Proprietors of any Institute, the undertaking of which is vested in the Government by an Order made under section 70F shall be entitled to reasonable compensation for such vesting.

Compensation.

[Inserted a new section as 70K, 3 of 1989]  

 

  (2) The Minister may make regulations with regard to the manner of assessment of compensation payable in respect of an undertaking carried on by a Degree Awarding Institute and vested in the Government by an Order made under section 70F and the mode in which such compensation shall be paid.
  (3) Every regulation made by the Minister under subsection (2) shall be published in the Gazette and shall, as soon as convenient after its publication in the Gazette, be brought before Parliament for approval.  
  (4) Any regulation which is not so approved shall be deemed to be rescinded as from the date of such disapproval but without prejudice to anything done thereunder.  
  (5) Notification of the date on which any regulation is deemed to be rescinded under subsection (4) shall be published in the Gazette.  
  (6) All payments to be made in respect of any undertaking carried on by a Degree Awarding Institute and vested in the Government by an Order made under section 70F shall be charged on the Consolidated Fund.  
  (7) In this section “proprietor” when used in relation to an undertaking carried on by a Degree Awarding Institute means the owners of that undertaking or any other person authorized by the owner to enter into contracts for the purposes of that undertaking.  
70L Any person -  
  (a) who refuses or fails to deliver possession to a competent Authority appointed under section 70G, of any property vested in the Government by an order made under section 70F; or

Offences.

[Inserted a new section as 70L, 3 of 1989]  

  (b) who prevents or obstructs or directly or indirectly, causes any other person to prevent or obstruct any such Competent Authority from taking possession of any such property,
    shall be guilty of an offence under this Act, and shall on conviction after summary trial before a Magistrate be liable to a fine not exceeding ten thousand rupees or to imprisonment for a period not exceeding three years or to both such fine and imprisonment.  
70M   Subject  to the provisions of the Constitution, where an undertaking carried on by a Degree Awarding Institute is vested in the Government by an Order made under section 70F, all the powers exercisable by that Institute under Part IXA on the day preceding the date specified in such Order (including the power to grant degrees, diplomas and other academic distinctions in the name of that Institute) may, with effect from the date specified in such order, be exercised by the Competent Authority appointed to administer and manage that undertaking subject to the provisions of that Part, and that Institute shall cease to exercise any such power with effect from such date.  The provisions of that Part shall, mutatis mutandis and subject to the provisions of the Constitution, apply to every such undertaking.

Powers of Competent Authority.

[Inserted a new section as 70M, 3 of 1989]  

 

70N (1) The Minister may, in the public interest and by Order published in Gazette, transfer to any Higher Educational Institution, the whole or any part of an undertaking vested in the Government by an Order made under section 70F and the Competent Authority appointed to administer and manage such undertaking shall be deemed to be the Dean, of any faculty of such Higher Educational Institution formed out of the undertaking or part thereof so transferred, and shall function as such until the election of a Dean, or the appointment of an acting Dean of such faculty, in accordance with the provisions of Part VII of this Act.

Transfer of undertaking. [Inserted a new section as 70N, 3 of 1989] [Renumbered section 70N as subsection 70N(1) &  substituted by Act No. 1 of 1995]  

 

  (2) Notwithstanding the transfer, by an order made under subsection (1), to a Higher Educational Institution of the whole or any part of any undertaking vested in the Government by an Order made under section 70F, the Competent Authority appointed to administer and manage such undertaking and his successors in office shall - [Inserted a new subsection as 70N(2), 1 of 1995]  
    (a) subject to the directions of the Governing Authority of such Higher Educational Institution; and  
    (b) until such date as the minister may appoint by Order published in the Gazette,  
      continue to exercise, in relation to students registered in that undertaking on the day preceding the date of the Order under subsection (1), all the powers exercisable by such Competent Authority under section 70M (including the power to grant degrees, diplomas, certificates and other academic distinctions in the name of the institute represented by such undertaking) and every such student shall, until the date appointed under paragraph (b), continue to enjoy the facilities he enjoyed as a student of such undertaking.  
  (3) Where the whole or any part of an undertaking vested in the Government by an Order under section 70F is transferred to a Higher Educational Institution by an Order made under subsection (1).  Nothing in this Act shall be read or construed as conferring on any student registered in that undertaking on the day preceding the date of the Order under subsection (1) any right or entitlement to the grant of any degree, diploma, certificate or other academic distinction of such Higher Educational Institution. [Inserted a new subsection as 70N(3), 1 of 1995]  
  (4) For the purpose of this section and notwithstanding anything to the contrary in any other provision of this Act, the expression “undertaking” shall not include the rights and liabilities under any contract or agreement, vested in the Government under section 70H, for the provision of services. [Inserted a new subsection as 70N(4), 1 of 1995]

 

 

70P In section 70F to 70N, “undertaking” in relation to a Degree Awarding Institute means the undertaking for developing higher education in such branches of learning as are specified in the Order made under section 25A in respect of such Institute and includes -

Interpretation.

[Inserted a new section as 70P, 3 of 1989]  

 

  (a) all movable and immovable property which was used for the purposes of that undertaking on the day immediately preceding the date of the Order made under section 70F in respect of that Institute;
  (b) all rights, powers, privileges, and interests arising, in, or from, that property or undertaking and all liabilities of that undertaking; and
  (c) all books, accounts and documents, relating or appertaining to, that undertaking or any property of that undertaking.  
       
 

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