REPEAL AND TRANSITORY PROVISIONS | ||||||
| 138. | The University of Ceylon Act, No. 1 of 1972, is hereby repealed with effect from the date of coming into operation of this Part of this Act. | Repeal of Act No. 1 of 1972. | ||||
| 139. | (1) | Upon the repeal of the University of Ceylon Act, No. 1 of 1972, each Campus specified in Column I below shall be deemed to be a University established by Order made under section 21 of this Act, and having the name and style specified in the corresponding entry in Column II below, and accordingly, all the provisions of this Act shall, mutatis mutandis, apply to and in relation to such University - | Certain provisions applicable upon the repeal of Act No. 1 of 1972. | |||
Column I | Column II | |||||
| Colombo | University of Colombo, Sri Lanka; | |||||
| Peradeniya | University of Peradeniya, Sri Lanka; | |||||
| Vidyodaya | University of Sri Jayewardenepura, Sri Lanka; | |||||
| Vidyalankara | University of Kelaniya, Sri Lanka; | |||||
| Katubedda | University of Moratuwa, Sri Lanka; | |||||
| Jaffna | University of Jaffna, Sri Lanka. | |||||
| (2) | Every Faculty of such Campus shall be deemed, for all purposes, to be a Faculty of such University; and | |||||
| (3) | Every Department of Study of such Faculty shall be deemed, for all purposes, to be a Department of Study therein. | |||||
| 140. | (1) | Upon the repeal of the University of Ceylon Act, No. 1 of 1972, every Institute established or deemed to be established under that Act and in existence on the day immediately preceding the date of such repeal shall be attached to such Higher Educational Institution as the Commission may determine, and shall as nearly as may be possible, continue to function as an Institute under such Higher Educational Institution in accordance with the Statute under which such Institute was established. | Institutes established under Act No. 1 of 1972 deemed to be established under this Act. | |||
| (2) | For the purposes of this section, Statutes made under the aforesaid Act in relation to each Institute shall be deemed to be Ordinances made by the Commission under section 18 of this Act. | |||||
| (3) | The Commission shall, within one year of the date of such repeal, determine the structure and composition of such Institute. | |||||
| 141. | Subject to the provisions of this Act and of any appropriate Instrument, the following provisions shall apply as from the date of coming into operation of this Act - | |||||
| (1) | All teachers, officers and other employees in the service of the old University on the day immediately preceding the date of coming into operation of this Part of this Act, who have not reached their respective ages of retirement shall be deemed to be teachers, officers and other employees in the service of such Higher Educational Institution as the Commission may determine and shall hold their offices with as nearly as may be the same status and on the same terms, including terms relating to salaries or wages, the termination of employment allowances or other benefits as they had or enjoyed in the service of the old University. | Effect of repeal of Act No. 1 of 1972. | ||||
| (2) | The Commission may within one year of the date of coming into operation of this Part of this Act, review the appointments held by teachers, officers and other employees of the old University who were in the service of that University on the day immediately preceding the date of coming into operation of this Part of this Act, and order the abolition of such posts which are found to be superfluous or the termination of services of such persons as had been appointed to their respective posts in contravention of the schemes of recruitment which were in force at the time when such appointments were made, with due notice given to them. | |||||
| (3) | All debts, obligations and liabilities incurred and all contracts, deeds, bonds, agreements and other instruments executed or entered into, and all matters and things engaged to be done by, with, or for, the old University prior to the date of coming into operation of this Part of this Act shall be deemed to have been incurred, executed, entered into or engaged to be done by, with or for, a Higher Educational Institution established under this Act. The Commission shall indicate to the parties concerned the appropriate Higher Educational Institution to which such debt, obligation, contract, deed, bond, agreement or other instrument relates. | |||||
| (4) | (a) | All suits, prosecutions, appeals or other legal proceedings civil and criminal which have been instituted in any court or tribunal by or against the old University prior to the date of coming into operation of this Part of this Act shall be deemed to have been instituted by or against the Commission. | ||||
| (b) | Where such suit, prosecution, appeal or other legal proceedings civil and criminal has been instituted, the Commission may make an application to court for an order to substitute the appropriate Higher Educational Institution to which such suit, prosecution, appeal or other legal proceeding relates, and the court shall make such order as it thinks fit. Where an application is made under the provisions of this paragraph, the provisions of the Civil Procedure Code relating to substitution shall, mutatis mutandis, apply to and in relation to such application. | |||||
| (5) | (a) | All decrees or orders made by a competent court or tribunal in favour of or against, the old University prior to the date of coming into operation of this Part of this Act shall be deemed to have been made in favour of or against, the Commission. | ||||
| (b) | Where such decrees or orders have been made by a court, the Commission may make an application to that court for an order to substitute the appropriate Higher Educational Institution to which such decree or order relates, and the court shall make such order as it thinks fit. Where an application is made under this paragraph, the provisions of the Civil Procedure Code relating to substitution shall, mutatis mutandis, apply to and in relation to such application. | |||||
| (6) | The University Provident Fund of the old University together with the interest thereon as at the date of coming into operation of this Part of this Act shall be transferred to the Universities Provident Fund established under this Act, and every contributor to the University Provident Fund on the day immediately preceding the date of coming into operation of this part of this Act and every person who was a contributor to that Fund until the date of his voluntary retirement under the repealed Act, No. 1 of 1972, shall be deemed to be a contributor to the Universities Provident Fund. Where any contributor who ceased from the date of his voluntary retirement under the University of Ceylon Act, No. 1 of 1972, to contribute to the provident fund established under that Act becomes a contributor to the Universities Provident Fund under this Act, compound interest at the rate determined under section 46(3) of that Act shall be deemed to have accrued to the amount lying to the credit of that person in such fund as from the date of such retirement until the date of coming into operation of this Part of this Act and accordingly such amount shall be credited to the account of that person in the Universities Provident Fund. | |||||
| (7) | All property, movable and immovable, which has been vested in, or legally purchased or acquired by, or leased to, or placed at the disposal of, or in any other manner transferred to the old University, or which is held in trust for the old University, or is in its possession or control at the date of coming into operation of this Part of this Act, shall be held by or in trust for the Commission or such Higher Educational Institution as the Commission shall determine, subject to the trusts, charges, liabilities, reservations, servitudes or other encumbrances and on the terms and conditions appertaining, attaching or applicable thereto at that date. | |||||
| 142. | (1) | Subject to the provisions of this Act and of any appropriate Instrument, the following provisions shall apply to teachers, officers and other employees of the old University after the date of coming into operation of this Part of this Act - | Special provisions relating to transferred members of staff of old University. | |||
| (a) | Where the post or office held by such teacher, officer or other employee is abolished under subsection (2) of section 141, the Higher Educational Institution to which such teacher, officer or other employee was attached shall pay him compensation for loss of employment. Such compensation shall be determined by the Higher Educational Institution concerned. | |||||
| (b) | Any teacher, officer or other employee of the old University may, within two years of the date of coming into operation of this Part of this Act, retire from the service of the Higher Educational Institution to which he was attached, after his having given to such Institution at least two months’ written notice of his intention to retire: | |||||
| Provided that this paragraph shall not apply - | ||||||
| (i) | to a teacher, officer or other employee who has not been confirmed in his appointment; or | |||||
| (ii) | to a teacher, officer or other employee who, having availed himself of leave for study or other purpose, is under an agreement to serve the Higher Educational Institution, the old University or a University deemed to be established under the Higher Education Act, No. 20 of 1966, for a specified period; or | |||||
| (iii) | to an officer or other employee who has completed his fifty-fifth year. | |||||
| (2) | Where a teacher, officer or other employee of the old University has retired under the provisions of paragraph (b) of subsection (1) of this section, the Higher Educational Institution concerned shall pay him by way of gratuity or retiring allowance, such compensation as might have been granted to him had his post been abolished under subsection (2) of section 141, and for the purpose of determining such gratuity or retiring allowance his service under the old University and under any one or more of its predecessors shall be deemed to be service to the Higher Educational Institution of which he was an employee at the time of retirement. | |||||
| (3) | Any teacher, officer or other employee of the old University who is dissatisfied with the compensation payable to him under subsection (1) or (2) of this section may appeal to the Appeals Board, whose decision thereon shall be final. | [Renumbered S 142(4) as 142(3),7 of 1985] [Subsection (3) of S 142 numbered as subsection (4) in the Act, No. 16 of 1978] | ||||
| (4) | Where any person - | [Inserted a new subsection as 142(4), 7 of 1985] | ||||
| (i) | in the Public Service whilst holding a post declared to be pensionable under the Minutes on Pensions, or | |||||
| (ii) | in the Local Government Service, while holding a post declared to be pensionable under the Local Government Service Pension Scheme Regulations, | |||||
has been appointed to the University of Ceylon prior to the date of repeal of the Ceylon University Ordinance (Chapter 186) or to any University established under the Higher Education Act, No. 20 of 1966, and where such person - | ||||||
| (a) | has continued to hold such post by virtue of section 99, in any University established under the Higher Education Act, No. 20 of 1966 that repealed and replaced such Ordinance; and by section 81, in any University established under the University of Ceylon Act, No. 1 of 1972 that repealed and replaced Act No. 20 of 1966, and | |||||
| (b) | continues to hold or has held such post by virtue of section 141, in any University established or deemed to be established under the Universities Act, No. 16 of 1978, that repealed and replaced Act No. 1 of 1972, and | |||||
| (c) | has not contributed to any Provident Fund Scheme established under such Ordinance or Acts, | |||||
| notwithstanding anything to the contrary in any other provision of this Act, the total period of service of any such person in every such University shall be reckoned as pensionable service and such person may be deemed, to be holding or to have held a pensionable post for the purpose of the Minutes on Pensions or the Local Government Service Pension Scheme Regulations, as the case may be, and accordingly, any contributions made by every such University to the Consolidated Fund towards the pension of any such person shall be deemed to have been validly contributed as though such post was a pensionable post under the Minutes on Pensions, or the Local Government Service Pension Scheme Regulations, as the case may be. | ||||||
| For the purposes of this section - | ||||||
| “University” means - | ||||||
| (a) | the University of Ceylon established under the Ceylon University Ordinance; | |||||
| (b) | any University established under the Higher Education Act, No. 20 of 1966; | |||||
| (c) | the University established under the University of Ceylon Act, No. 1 of 1972; and | |||||
| (d) | any Higher Educational Institution established under the Universities Act, No. 16 of 1978. | |||||
| 143. | Notwithstanding anything to the contrary in any other provision of this Act, the following provisions shall apply for the purpose of enabling all such arrangements and measures to be made and taken as are necessary for the operation of this Act:- | Special provisions pending the establishment of a Higher Educational Institution under this Act. | ||||
| (a) | The Commission shall be appointed by the President, and shall commence to function as from such date as may be specified by the Minister. | |||||
| (b) | The first Secretary of the Commission shall be appointed by the Commission, and when so appointed - | |||||
| (i) | he shall commence to function as from such date as may be specified by the Commission; and | |||||
| (ii) | he shall exercise, perform and discharge in respect of the Commission all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument. | |||||
| (c) | Any officer or other employee of the old University may with the consent of that officer or other employees and the principal executive officer of that University, be temporarily appointed to the staff of the Commission for such period as may be determined by the Commission, 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 Commission and that principal executive officer. | |||||
| (d) | The first Vice-Chancellor of every University deemed to be established under section 139 shall be appointed by the President and when so appointed - | |||||
| (i) | he shall commence to function as from the date of coming into operation of this Part of this Act; | |||||
| (ii) | he shall exercise, perform and discharge in respect of the University to which he is so appointed, all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument; | |||||
| (iii) | he may exercise, perform and discharge the powers, duties and functions of any or all the Authorities of the University to which he is so appointed until such time as such Authorities are duly constituted under this Act; and | |||||
| (iv) | he shall, unless he vacates office earlier, and subject to the provisions of section 34(1)(b), hold office for a term of three years reckoned from the date of his appointment, and shall be eligible for re-appointment under section 34(1)(a) for a further period of three years immediately succeeding the aforesaid period. | |||||
| (e) | The first Registrar of each University deemed to be established under section 139 shall be appointed by the Commission, and shall when so appointed exercise, perform and discharge in respect of the University to which he is so appointed, all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument. | |||||
| (f) | The first Bursar of each University deemed to be established under section 139, shall be appointed by the Commission, and shall, when so appointed, exercise, perform and discharge in respect of the University to which he is so appointed, all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument. | |||||
| 144. | Notwithstanding anything in any other provision of this Act, the following provisions shall apply during the transitional period pending the establishment of a University under this Act for the purpose of enabling all such arrangements and measures to be made and taken as are necessary to enable such University to commence to function as such, and to carry out its objects, as early as possible after the date of its establishment:- | Special provisions pending the establishment of a University under this Act. | ||||
| (a) | The first Vice-Chancellor of the University shall be appointed by the President, and when so appointed - | |||||
| (i) | he shall exercise, perform and discharge all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument; | |||||
| (ii) | he may exercise, perform and discharge the powers, duties and functions of any or all the Authorities of the University, until such time as such Authorities are duly constituted under the Act; and | |||||
| (iii) | he shall, unless he vacates office earlier, and subject to the provisions of section 34(1)(b), hold office for a term of three years reckoned from the date of his appointment, and shall be eligible for re-appointment under section 34(1)(a) for a further period of three years immediately succeeding the aforesaid period. | |||||
| (b) | The first Registrar of the University shall be appointed by the Commission, and shall, when so appointed, exercise, perform and discharge all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument. | |||||
| (c) | The first Bursar of the University shall be appointed by the Commission and shall, when so appointed, exercise, perform and discharge all such powers, duties and functions as are conferred or imposed on or assigned to him under this Act or any appropriate Instrument. | |||||
| For the purpose of this section, “transitional period” means the period commencing on the date on which a University Order is published under this Act, and ending on the date on which such Order comes into force. | ||||||
| 145. | In connection with the preliminary arrangements for the functioning of a University deemed to be established under section 139 or for the establishment of a Higher Educational Institution under sections 21, 22, 23 and 24, either generally or with reference to any special matter, the Minister may on the recommendation of the Commission and by Order published in the Gazette, issue all such directions as he may deem necessary with a view to providing for any special or unforeseen circumstances, or to determining or adjusting any question or matter for the determination or adjustment of which no provision or effective provision is made by this Act. | Removal of difficulties. | ||||
| 146. | Notwithstanding anything to the contrary in section 139, the Commission shall have during the period of two years commencing on the date of coming into operation of this Part of this Act, the power to do any or all of the following things:- | Special provisions relating to the powers of the Commission. | ||||
| (a) | to determine the structure and composition of each Higher Educational Institution; | |||||
| (b) | to determine the Faculty or Faculties and the Departments of Study thereof to be assigned to each such Higher Educational Institution, and to assign the same; | |||||
| (c) | to determine the subjects or disciplines of study to be provided or taught in each such Higher Educational Institution; and | |||||
| (d) | to transfer or re-allocate the staff, students, equipment, land, buildings and other facilities of the old University among such Higher Educational Institutions. | |||||
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Universities Act Universities Act, No. 16 of 1978
Universities Act Universities Act, No. 16 of 1978
Saturday, 20 April 2024
