OCEAN UNIVERSITY OF SRI LANKA ACT

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE OCEAN UNIVERSITY OF SRI LANKA.

2. Establishment of the Ocean University of Sri Lanka.

3. Seal of the University.

PART II

OBJECTIVES AND POWERS OF THE UNIVERSITY.

4. Objectives of the University.

5. Powers of the University.

PART III

POWERS OF THE MINISTER

6. Responsibility and powers of the Minister.

7. Where situation prevails is likely to endanger the national security &c.

8. Measures to be taken by the Minister in the event of a lockout &c.

9. Annual Report of the University.

PART IV

CHANCELLOR AND OFFICERS OF THE UNIVERSITY

10. Chancellor and officers of the University.

11. The Vice Chancellor.

12. Deputy Vice Chancellor of the University.

13. The Dean of a Faculty.

14. Registrar of the University.

15. The Director, Media and Information Services.

16. The Director, Finance.

17. The Director, Admission, Accreditation and Quality Assurance Council.

PART V

THE AUTHORITIES OF THE UNIVERSITY

18. The Authorities of the University.

19. The Board of Governors of the University.

20. Powers, duties and functions of the Board.

21. Powers of the Board to make Ordinances.

22. The Admission, Accreditation and Quality Assurance Council.

23. Powers of the Quality Assurance Council.

24. The Academic Council.

25. Powers, duties and functions of the Academic Council.

26. The Faculty Board.

27. Powers duties and functions of the Faculty Board.

PART VI

CAMPUSES

28. Establishment of Campuses.

29. The Rector of a Campus.

30. The Campus Board.

PART VII

CONVOCATION OF THE UNIVERSITY

31. Holding of the Convocation of the University.

PART VIII

STAFF OF THE UNIVERSITY

32. Board to appoint staff of the University.

33. Determination of qualifications of staff of the University.

34. Institution, abolition and suspension of posts in the staff of the University.

35. Probationary periods and confirmation.

36. Retirement of teachers and persons holding a non-academic post.

37. Appointment of public officers to the staff of the University.

38. Appointment of teachers of Higher Educational Institutions to the staff of the University.

PART IX

UNIVERSITY APPEALS BOARD

39. Appointment of the Panel of Inquiry and Investigation.

40. Constitution of the University Appeals Board.

41. Appeals from the decision of a University Appeals Board.

42. Expenses incurred in any suit or prosecution to be paid out of the Fund.

PART X

FINANCE

43. The University Fund.

44. Grants in aid of the University.

45. Board to consider budget estimates and annual financial appropriations.

46. Duties of the Director, Finance.

47. Income from grants for specific purposes to be separately accounted for.

48. The Board to adopt budget estimates and annual financial appropriations.

49. Transfer of funds from one vote to another.

50. Supplementary estimates.

51. Financial year and audit of accounts.

52. Publications of audited accounts.

53. Annual accounts and Auditor-General’s report to be transmitted to Minister.

PART XI

STUDENTS ASSEMBLY AND OTHER ASSOCIATIONS

54. Students Assembly.

55. Recognition of certain Societies and other Associations.

56. Board to allocate money to Students Assembly etc., for approved activity.

57. Board to prescribe constitution, duties and functions of Students Assembly.

58. Suspension or dissolution of students Assembly, society or other association.

PART XII

GENERAL PROVISIONS

59. Disqualification from being members of any Authority of the University.

60. Officers and servants of the University deemed to be public servants under the Penal Code.

61. University deemed to be a Scheduled institution within the meaning of the Bribery Act.

62. Prohibition on undesirable persons from entering precincts.

63. Statutes.

64. By-Laws.

65. Rules.

66. Provisions of the Universities Act, No. 16 of 1978 not to apply.

PART XIII

INTERPRETATION

67. Interpretation.

68. Sinhala text to prevail in case of inconsistency.

69. Special Provisions pending the establishment of the University.

70. Officers and servants of the National Institute of Fisheries and Nautical Engineering to be offered employment in the University.

71. Repeal of the National Institute of Fisheries and Nautical Engineering Act, No. 36 of 1999.

31 of 2014.

An Act to Provide for the Establishment, Maintenance and Administration of the Ocean University of Sri Lanka; to Provide the Necessary Legal Infrastructure Facilitating Courses Leading to Higher Education at the Ocean University of Sri Lanka; to Repeal the National Institute of Fisheries and Nautical Engineering Act, No. 36 of 1999; and for Matters Connected Therewith or Incidental Thereto.

[Date of Commencement: 07th September, 2014]

1. Short title.

This Act may be cited as the Ocean University of Sri Lanka Act.

PART I

ESTABLISHMENT OF THE OCEAN UNIVERSITY OF SRI LANKA.

2. Establishment of the Ocean University of Sri Lanka.

(1) Notwithstanding anything to the contrary in the Universities Act, No. 16 of 1978, there shall be established a University called the Ocean University of Sri Lanka (hereinafter in this Act referred to as “the University”).

(2) The University shall be a body corporate with perpetual succession and, by the name assigned to it by subsection (1), may sue and be sued.

3. Seal of the University.

(1) The University shall have the full power and authority to have and use a common seal which shall be in the custody of the Registrar of the University and may be altered in such manner as may be determined by the Board of Governors of the University.

(2) The seal shall not be affixed to any instrument or document except in the presence of the Registrar or any other officer as may be nominated by the Vice Chancellor in that behalf who shall sign such instrument or document in token of his presence.

PART II

OBJECTIVES AND POWERS OF THE UNIVERSITY.

4. Objectives of the University.

The objectives of the University shall be to—

(a) provide for University education in the fields of fisheries, ocean sciences, maritime technology and allied fields;

(b) offer vocational and technical courses of study relating to fisheries and allied fields in order to cater to the manpower needs in any areas;

(c) disseminate knowledge relating to fisheries, marine and maritime sectors among persons who are engaged in fisheries and allied fields;

(d) provide for extension courses for continuous professional development in the fields of fisheries, ocean sciences, maritime technology and allied fields;

(e) provide vocational and technical courses for personnel in the fields of fisheries and allied fields for admission to the University;

(f) provide for the progressive development of students in the fields of engineering, scientific, technical and vocational education and training systems, based on their aptitude and ability to acquire a University education in the fields of fisheries, ocean sciences, maritime technology and allied fields; and

(g) provide courses of study for those who possess National Vocational Qualifications and assist them to upgrade their competency and acquire academic qualifications in the fields of fisheries, ocean sciences, maritime technology and allied fields.

5. Powers of the University.

(1) The University shall subject to the provisions of this Act, have the power to—

(a) acquire by way of purchase or otherwise both movable and immovable property and to take, accept and hold any such property which may become vested in it by virtue of such purchase or otherwise:

Provided that, any immovable property of the University shall not be disposed of without the prior written approval of the Minister to whom the subject of Skills Development is assigned.

(b) exercise, perform and discharge such powers, functions and duties as are conferred or imposed on or assigned to the University by this Act;

(c) admit students in keeping with the admission criteria for different categories of candidates along with an aptitude test as recommended by the Admission, Accreditation and Quality Assurance Council under section 23, and provide instructions for courses of study designed in keeping with the objectives of the University;

(d) recognize examinations and duration of study programmes of any University established or deemed to be established under the Universities Act, No. 16 of 1978 and any higher educational institution, technical and vocational or professional institution, for the purpose of admitting students to the University;

(e) conduct programmes of studies and training programmes relating to fisheries and Ocean sciences, maritime technology and allied fields;

(f) hold examinations in the programmes specified in paragraph (e) and assess the performance of such students;

(g) grant and confer degrees and other academic distinctions in conformity with any Statute enacted for such purpose;

(h) establish institutions for vocational training in related fields including the National institute of Fisheries and Maritime Training. The institute of Fisheries and Maritime Training shall be established prior to the appointed date;

(i) establish centers and campuses of the University on a provincial and Regional basis;

(j) charge fees or any other payments for the courses of study and training programmes conducted by the University;

(k) charge fees for any extension services provided to the public or any institution, as the case may be, and disburse the income so generated for the attainment of the objects of the University in such manner as shall be prescribed by Ordinance;

(l) undertake advisory, consultancy and any income generating functions and disburse the proceeds thereof for the development of any scheme approved by the Board of Governors of the University;

(m) establish any committee or sub-committee including an Audit and Management Committee as may be necessary to carry out the functions of the University;

(n) invest any fund not immediately required for the purposes of the University in such manner as the Board of Governors of the University may consider appropriate;

(o) co-operate by way of exchange of teachers, students and scholars with other institutions in or outside Sri Lanka having objects or interests similar to those of the University;

(p) make arrangements for the conduct of examinations for persons in the affiliated institutions and also to enable the persons who do not receive instructions at the University to obtain degrees, diplomas and certificates from the University and to determine the courses of instruction for such examinations;

(q) provide facilities for higher education to persons employed by the University;

(r) make opportunities available to the staff and students of the University for research and thereby for the advancement and dissemination of knowledge;

(s) confer honorary degrees or other distinctions on persons approved by the Academic Council and the Board of Governors of the University, in conformity with any Statute made for the purpose;

(t) award fellowships, scholarships, bursaries, medals and other prizes in conformity with any Statutes made for the purpose;

(u) introduce Senior Professorships, Professorships, Associate Professorships, Senior Lectureships, Lectureships, Assistant Lectureships and other non-academic positions, as may be required for the purposes of this Act;

(v) establish and maintain libraries, laboratories and other buildings for instructional purposes as may be necessary for the purposes of this Act;

(w) appoint, employ, remunerate and exercise disciplinary control and power of dismissal over such officers and servants as may be necessary for the purpose of achievement of the objects under this Act;

(x) establish and regulate provident fund schemes or pension schemes for the benefit of the officers and servants of the University and make contributions to any such scheme;

(y) open, operate and close bank accounts in any bank or banks approved by the Central Bank of Sri Lanka; and

(z) do all such other acts or things as may be necessary for the attainment of the objects of this Act.

(2) The powers enumerated above shall unless otherwise expressly provided for by this Act be exercised by the Board of Governors of the University.

PART III

POWERS OF THE MINISTER

6. Responsibility and powers of the Minister.

(1) The Minister shall be responsible for the administration and implementation of the provisions of this Act.

(2) The Minister, in fulfilling his responsibilities under subsection (1), shall in consultation with the Vice Chancellor of the University, issue to the Board of Governors of the University, form time to time, written directions as he may consider necessary for the smooth functioning of the University.

(3) It shall be the duty of the Board of Governors of the University to comply with all such directions as may be issued by the Minister under this section.

(4) The Minister may, from time to time, for the purpose of effectually fulfilling his responsibilities relating to the administration and implementation of the provisions of this Act, order that all or any of the activities pertaining to the administration of the University be investigated and reported to him by the Board of Governors of the University.

(5) Upon receipt of a report from the Board of Governors of the University in compliance with an order under subsection (4), the Minister upon consideration of the report shall direct the Board of Governors of the University to take such remedial action as he may consider appropriate in relation to the activity pertaining to the administration of the University of which an investigation has been carried out under subsection (4).

7. Where situation prevails is likely to endanger the national security etc.

Where the Minister is of the view that any situation prevailing in the University is likely to endanger the national security or is detrimental or prejudicial to national policy or is likely to disrupt the smooth functioning of the University, he shall direct the Board of Governors of the University to take all such steps as may be necessary to bring such situation under control.

8. Measures to be taken by the Minister in the event of a lockout etc.

(1) Where the Minister, in consultation with the Vice Chancellor of the University is of the view that due to any strike, lockout or any such circumstances, the work or the administration of the University has been seriously disrupted and the relevant authorities of the University have failed to restore normal conditions, he shall take all such measures as may be necessary to ensure the restoration of normal conditions of the University. The Minster may, at any time prior to normal condition is restored, by Order published in the Gazette make such provisions as he may deem appropriate in respect of all or any of the following matters—

(a) the closure of the University;

(b) the appointment of any person by name or by office to be a competent authority for the purpose of exercising, performing or discharging any power, function or duty under this Act, in lieu of the officer, authority or other body of the University;

(c) any other matter connected with or relating to any of the matters specified in paragraph (a) or (b).

(2) An Order made by the Minister under subsection (1) shall come into force on such date as may be specified therein, and shall within one month from the date of publication of the Gazette be tabled in Parliament. The Order shall unless earlier rescinded remain in force for a period not exceeding three months therefrom.

9. Annual Report of the University.

(1) The University shall before the expiry of a period of six months after the closure of each financial year, submit to the Minister a report containing a full account of its activities during that year. The Minister shall cause copies thereof to be tabled in Parliament.

(2) The University shall cause copies of the report submitted under subsection (1) to be made available to the public on payment of a fee as may be determined by the University.

PART IV

CHANCELLOR AND OFFICERS OF THE UNIVERSITY

10. Chancellor and officers of the University.

(1) The President shall appoint the Chancellor of the University who shall be the Head of the University and who shall hold office for a period of five years from the date of such appointment.

(2) The Chancellor shall when present preside at every Convocation of the University.

(3) The officers of the University shall be as follows—

(a) the Vice Chancellor;

(b) the Deputy Vice Chancellor (if any)

(c) the Rector of each Campus;

(d) the Dean of each Faculty;

(e) the Registrar of the University;

(f) the Director, Media and Information Services;

(g) the Director, Finance;

(h) the Director, Admission, Accreditation and Quality Assurance Council; and

(i) any person holding a post declared by any Statute to be that of an officer of the University.

11. The Vice Chancellor.

(1) The Vice Chancellor of the University shall be appointed by the President in consultation with the Minister, from and out of a Panel of three persons nominated by the Board of Governors of the University.

(2) The Panel of three persons to be nominated for the purpose of subsection (1) shall be selected from amongst those who have academic qualifications, knowledge and experience in the fields of engineering, fisheries, science, technology, management or any other relevant field.

(3) The Vice Chancellor shall hold office for a period of four years. However a person shall not be appointed as a Vice Chancellor for more than two consecutive terms.

(4) The Vice Chancellor shall be a full-time officer of the University and shall be the principal executive officer and the principal academic officer thereof. He shall be an ex-officio member and Chairman of both the Board of Governors of the University and of the Academic Council. The Vice Chancellor shall be entitled to convene, be present and speak at any meeting of any other Authority of the University or other body as may be prescribed by Ordinance, but shall not be entitled to vote at any such meeting, unless he is a member of such other Authority or other body.

(5) It shall be the duty of the Vice Chancellor in accordance with such directions as may, from time to time, be lawfully issued to him in that behalf by the Board of Governors of the University, 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.

(6) Subject to the provisions of this Act, it shall be the duty of the Vice Chancellor to give effect to and ensure that effect is given to the decisions of the Board of Governors of the University and of the Academic Council.

(7) The Vice Chancellor shall be the Accounting Officer of the University and shall be responsible for the maintenance of discipline within the University.

(8) The Vice Chancellor may, unless he vacates office earlier or is removed from office under subsection (9) of this section, hold office until he has completed his sixty fifth year or his term of office expires whichever is earlier.

(9) The President may remove the Vice Chancellor from office for reasons assigned therefor.

(10) Where the Vice Chancellor by reason of leave, illness, absence from Sri Lanka or for any other cause is temporarily unable to perform the duties of his office, the Deputy Vice Chancellor, if any, shall perform such duties on behalf of the Vice Chancellor. If a Deputy Vice Chancellor is not available, the Minister, on the recommendation of the Board of Governors of the University shall within seven days of the occurrence of such inability, make such arrangements as he may think fit for carrying on the duties of the office of the Vice Chancellor. The Registrar of the University shall until such arrangements are made carry out the routine duties of the office of the Vice Chancellor.

(11) Where any vacancy occurs in the office of the Vice Chancellor, the President may within seven days of the occurrence of such vacancy, make such arrangement as he may think fit, for carrying on the duties of the office until a permanent appointment is made. Until such arrangements are made, the Registrar of the University shall carry out the routine duties of the office of the Vice Chancellor.

12. Deputy Vice Chancellor of the University.

A Deputy Vice Chancellor of the University shall be appointed by the Board of Governors of the University upon the recommendation of a select committee, the composition of which shall be prescribed by Ordinance. On being appointed the Deputy Vice Chancellor shall function as a full time officer of the University under the direction of the Vice Chancellor. The Board of Governors of the University shall decide on the duties and functions of the Deputy Vice Chancellor, if any.

13. The Dean of a Faculty.

(1) There shall be a Dean of each Faculty who shall be the academic and administrative Head of such Faculty. The Dean shall be elected by the Faculty from among the Senior Professors, Professors, Associate Professors and Senior Lecturers who are members of such Faculty.

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