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University Grants Commission - Sri Lanka

Universities Act - Part X

APPOINTMENTS TO THE STAFF


71. (1) Subject to the provisions of subsection (2), every appointment to the staff of a Higher Educational Institution shall be made by the governing authority of such Institution, in accordance with the schemes of recruitment and the procedures for appointment prescribed by Rules.

Appointments to staff to be made by the governing authority.

[S 71(1), 7 of 1985]

Provided however, notwithstanding the provisions of section 72, the governing authority of a Higher Educational Institution may, with the approval of the Commission, appoint experienced persons who have already gained distinction in their subjects to the posts of teacher in any such Institution, for such period and on such terms and conditions as may be agreed upon by the governing authority and such teacher. [Inserted a new proviso, 7 of 1985]
(2) The Commission shall, in accordance with the schemes of recruitment and the procedures for appointment prescribed by Rules, make the following appointments to the staff of a Higher Educational Institution - [S 71(2), 7 of 1985]
(i) appointment to a post of officer, except where other provision has been specifically made under this Act in respect of that post;
(ii) appointment to a post other than that of teacher, of which the salary code or minimum salary point shall be as determined by the Commission, by Rules made from time to time: [S71(2)(ii), 57 of 2009]
Provided that, the Commission may require the respective Higher Educational Institutions to forward the recommendation for appointment to the above posts, in accordance with the procedure specified by the Commission by rules made in that behalf. The Commission shall on receipt of such recommendation make the necessary appointments; and  
(iii) appointment to such posts as may be prescribed by Rules, other than posts of teacher, involving the promotion of the appointee from one grade or class of post to another. [S 71(2)(iii), 7 of 1985]
72. (1) Every appointment to a post of teacher shall, in the first instance, be for a probationary period of three years, which period may be extended by the Governing Authority of the Higher Educational Institution to which such teacher is attached, by one year at a time for a further period not exceeding five years:

Appointment to post of teacher.

[S 72(1), 7 of 1985 and 1 of 1995]

Provided that where the appointment is to a post of -
(a) teacher, and the appointee has been previously confirmed in a post of teacher in another Higher Educational Institution or in another Department of the Higher Educational Institution to which the appointee is attached, such appointment shall, in the first instance be for a probationary period of one year; or [72(1) (a), (b), 57 of 2009]
(b) teacher, and the appointee has been previously confirmed in any post equivalent to the post of teacher in another Higher Educational Institution or in another Department of the Higher Educational Institution to which the appointee is attached, such appointment shall in the first instance be for a probationary period of one year;
(2) Every appointment on probation shall be subject to such requirements or conditions as to confirmation as may be provided in the appropriate scheme of recruitment prescribed by Rules. [S 72(2), 7 of 1985]
73. The holder of a post of teacher, who has been confirmed in his post, shall continue in that post until he has completed his sixty-fifth year or if he completes his sixty-fifth year in the course of an academic year, until the last day of such academic year, and shall thereafter be deemed to have retired from service: Retirement of teachers.
Provided, however, that the holder of any such post may, at any time, be suspended, pending an inquiry by the governing authority of the Higher Educational Institution to which such teacher is attached, for misconduct, inefficiency or dereliction of duty or be dismissed or compulsorily retired, if found guilty after such inquiry, on a resolution adopted by such governing authority.
74. Every appointment to a post, other than that of teacher, shall in the first instance, be for a probationary period of three years, and shall thereafter be subject to confirmation by the Commission or by the Governing Authority of the Higher Educational Institution to which such appointment relates, except where such appointment is by reason of a promotion from a post other than that of teacher to another post other than that of teacher:

Appointment to a post other than that of teacher.

[S 74, 1 of 1995]

Provided that, where a person whose appointment to a post other than that of teacher in the Commission or in a Higher Educational Institution has been confirmed, is subsequently appointed otherwise than by way of promotion or under the provisions of sections 66A and 144, to another post other than that of teacher in the Commission or in a Higher Educational Institution, his subsequent appointment shall, in the first instance, be for a probationary period of one year, and shall thereafter be subject to confirmation by the Commission or the Governing Authority of such Higher Educational Institution, as the case may be.

[Inserted a new proviso, 7 of 1985

& replaced by Act, No. 1 of 1995]

75. The holder of any post other than that of teacher, shall continue in office beyond the optional age of retirement of such officer, i.e. fifty-five year and remain in service up to the age of fifty seven years, and shall thereafter be deemed to have voluntarily retired from service: Retirement of persons other than teachers.
[S 75, 57 of 2009]
Provided, however, that the holder of any such post may upon a written request made by him, be given by the Commission or by the governing authority of the Higher Educational Institution to which he is attached, extension of service for a period of one year at a time until he completes his sixtieth year, and shall thereafter be deemed to have retired.
Provided further that the holder of any such post may, at any time, be suspended, pending an inquiry by the Commission or by the governing authority of the Higher Educational Institution to which he is attached, as the case may be, for misconduct, inefficiency or dereliction of duty or be dismissed or compulsorily retired, if found guilty after such inquiry, on a resolution adopted by such Commission or governing authority.
76. Every holder of a post in a Higher Educational Institution, who is dismissed or is compulsorily retired from his post or is otherwise punished for misconduct, inefficiency or dereliction of duty, may appeal against such dismissal or retirement or other punishment to the University Services Appeals Board whose decision thereon shall be final.

Appeal against dismissal, compulsory retirement or other punishment.

[S 76, 7 of 1985]

77. (1) At the request of a Higher Educational Institution, an officer in the Public Service may, with the consent of that officer, the Secretary to the Ministry by or under which that officer is employed, and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of that Higher Educational Institution for such period as may be determined by such Institution with like consent, or be permanently appointed to such staff. Appointment of public officers and Local Government officers to the staff of a Higher Educational Institution.
(2) Where any officer in the Public Service is temporarily appointed to the staff of a Higher Educational Institution, the provisions of subsections (3) and (5) of section 26 of the State Industrial Corporations Act, No. 49 of 1957, other than paragraph (a) of subsection (3) of section 26, shall, mutatis mutandis, apply to and in relation to him.
(3) Where any officer in the Public Service is permanently appointed to the staff of a Higher Educational Institution, the provisions of subsections (4) and (5) of section 26 of the State Industrial Corporations Act, No. 49 of 1957, shall, mutatis mutandis, apply to any in relation to him.
(4) At the request of a Higher Educational Institution, an officer or servant of the Local Government Service or any local authority may, with the consent of that officer or servant and the Local Government Service Advisory Board or authority, as the case may be, be temporarily appointed to the staff of that Higher Educational Institution for such period as may be determined by that Institution with like consent or be permanently appointed to such staff, on such terms and conditions including those relating to pension or provident fund rights, as may be agreed upon by that Higher Educational Institution and the Local Government Service Advisory Board or authority.
(5) Where a Higher Educational Institution employs any person who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to that Higher Educational Institution by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.
78. The holder of any post other than that of teacher, shall be transferable within the Higher Educational Institutions, from a Higher Educational Institution to the Commission or from the Commission to a Higher Educational Institution. Such transfers shall be made by the Commission which may for this purpose appoint a Transfer Board, the composition of which shall be prescribed by Rules.

Transfers.

[S 78, 7 of 1985]

79. In this Part “teacher” shall be deemed to include Librarian, Deputy Librarian, Senior Assistant Librarian and Assistant Librarian.

Interpretation [S 79, 7 of 1985]

 

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