EDUCATION ORDINANCE

Arrangement of Sections

1. Short title.

PART I

Central Authority

2. Department of Education.

2A. Creation of certain new posts in the Department of Education.

3. Powers and duties of officers of the department.

4. Power to make reductions in grants.

PART II

Advisory Bodies Central Advisory Council

5. Establishment of Central Advisory Council.

6. Function of the council.

7. Procedure.

8. Tenure of office resignation and vacation of seat.

Local Advisory Committees

9. Local advisory committees.

10. Composition, term of office of local advisory committees.

11. Chairmen of local advisory committees.

12. Functions of local advisory committees.

The School Examinations Advisory Council

13. Establishment of School Examinations Advisory Council.

14. Functions of School Examinations Advisory Council.

15. Meetings, appointment of members and tenure and vacation of office by members of School Examinations Advisory Council.

The Educational Research Council

16. Establishment of Educational Research Council.

17. Functions of Educational Research Council.

18. Meetings, appointment of members and tenure and vacation of office by members, of Educational Research Council.

PART III

Constitution, Powers and Duties of Urban and Rural Education Authorities

19. Application of Part III to urban areas and village areas.

20. Consequences of order under section 19.

21. Power to levy additional rate and to expend moneys for the purposes of this Ordinance.

22. Preparation of local education schemes.

23. Local education scheme to provide for control of local education fund.

24. Delegation of power to local education committee.

25. Composition of local education committee.

26. Local education sub-committees.

27. Provision of educational facilities in exceptional cases.

28. Borrowing powers of Urban or rural education authorities.

29. Acquisition of land or building.

30. Accounts and Audit.

31. Powers of auditor.

32. Every officer to be deemed a public servant.

33. Application of Parts I, IV, V and VII.

PART IV

Religion in Schools and Managers

34. Religion, no bar for admission.

35. Religious instructions.

36. Managers of assisted schools.

PART V

Power of Minister to Make Regulations

37. Regulations.

38. Explanation of adequate and suitable provision by parent.

PART VI

Estate Schools

39. Application of part VI.

40. Premises to be set apart on estates for establishing schools for children resident on the estates.

41. Establishment and maintenance of Government schools on premises set apart on estates under section 40.

42. Prohibition of unauthorised use of premises set apart under section 40.

43. Parents to cause children to attend school.

44. Entry into estates.

45. Offences.

46. Interpretation of part VI.

PART VII

General

47. Prohibition of fees for admission to or education in Government and assisted schools.

48. Duty of persons opening new schools to report to Director-General.

49. Notification of particulars relating to unaided schools.

50. Power of inspection.

51. Discontinuance of unaided schools which are unsatisfactory.

52. Appeal against order under section 51.

53. Tribunal of appeal.

54. Non-compliance with an order for discontinuance of an unaided school to be an offence.

55. Jurisdiction in respect of offences.

56. Power of Magistrate in certain cases to order child to be sent to certified industrial school.

57. Procedure.

58. Acquisition of land for purposes of the ordinance.

59. Power to remove difficulties.

60. Provisions as to orders and schemes.

61. Exemption from the provisions of this Ordinance.

62. The Interpretation.

63. —

31 of 1939,

61 of 1939,

12 of 1945,

3 of 1946,

26 of 1947,

35 of 1973,

5 of 1951,

43 of 1953,

37 of 1958.

AN ORDINANCE to make better provision for education and to revise and consolidate the law relating thereto.

[Date of Commencement: 1st September, 1939]

1. Short title.

This Ordinance may be cited as the Education Ordinance.

PART I

Central Authority

2. Department of Education.

(1) For the purposes of this Ordinance, there shall be a Department of Education consisting of the Director-General of Education and such other officers and servants as may be appointed from time to time.

(2) The Department of Education existing on the day immediately preceding the date on which this Ordinance comes into operation shall be deemed to be established under this Ordinance and shall continue accordingly; and every officer or servant holding office in that department on the aforesaid day shall be deemed to be appointed under this Ordinance and shall continue in office accordingly.

2A. Creation of certain new posts in the Department of Education.

(1) There may be appointed persons to be or to act as—

(a) Deputy Directors-General of Education;

(b) Directors of specified aspects of education; and

(c) Regional Directors of Education;

(2) Every Deputy Director-General of Education, every Director of any specified aspects of education, and every Regional Director of Education for the time being holding office as such shall be deemed to have been duly appointed under this Ordinance.

(3) The Director-General of Education may delegate any function, power or duty vested in or assigned to or imposed on him by this Ordinance, the Assisted Schools and Training Colleges (Special Provisions) Act, No. 5 of 1960,1 the Assisted Schools and Training Colleges (Supplementary Provisions) Act, No. 8 of 1961,1 or by any other written law to any Deputy Director-General of Education or to any Director of any specified aspects of education or to any Regional Director of Education.

[S 2A ins by s 4 of Law 35 of 1973.]

3. Powers and duties of officers of the department.

(1) Subject to the general direction and control of the Minister, the Director-General and other officers of the department shall execute, and shall have power to enforce, the provisions of this Ordinance and of the regulations made thereunder.

(2) It shall be lawful for the Minister, on appeal or otherwise, to rescind, alter or revise any order or determination which is made by the Director-General in the exercise of his discretion under any of the provisions of this Ordinance or of any regulations made thereunder.

The decision of the Minister in every such case shall be final, and shall be binding on the Director-General and all other persons affected thereby.

4. Power to make reductions in grants.

Where, in any year, the aggregate of the grants for and specific purpose under the provisions of this Ordinance or the regulations made thereunder exceeds the sum provided for that purpose by Parliament, the Director-General shall make a reduction in all or any of such grants in accordance with the allocations made by Parliament in respect of such grants, or, if such allocations are not made by Parliament, it shall be lawful for the Director-General, with the prior approval of the Minister, to make a proportionate reduction in all such grants so as to make the aggregate of the sums paid by way of grant equal to the sum provided by Parliament.

PART II

Advisory Bodies Central Advisory Council

5. Establishment of Central Advisory Council.

(1) There shall be established a Central Advisory Council (hereinafter referred to as " the advisory council”), consisting of such persons not being less than ten in number as may be appointed by the Minister.

(2) The Minister shall nominate one of the members of the advisory council to be the Chairman thereof.

(3) An officer of the Ministry of Education designated in that behalf by the Minister shall act as secretary to the council.

6. Function of the council.

The function of the advisory council shall be to advise the Minister on all such matters relating to education as may be referred by the Minister to the council for such advice or in respect of which the council may think fit to tender advice.

7. Procedure.

The Minister may by Order published in the Gazette provide for the summoning and holding of periodical and other meetings of the advisory council and for the conduct of business and the procedure to be followed at meetings of the council.

8. Tenure of office resignation and vacation of seat.

(1) Any member of the advisory council may at any time be removed from office by the Minister.

(2) Any member of the advisory council may resign his seat on the advisory council by letter addressed to the Minister.

(3) Every member of the advisory council, who is found on the thirty-first day of December in any year to have failed to attend at least one-half of the number of meetings held by the advisory council in the period of twelve months immediately preceding that date or in that part of such period during which he held the office of member, shall, unless he was absent from any such meeting on the ground of ill health or with the leave of the advisory council first obtained, be deemed to have vacated his seat on the advisory council.

(4) Every member of the advisory council shall, unless he earlier resigns or vacates his seat or is removed from office by the Minister, hold office for a term of three years from the date of his appointment or for such other term as may have been expressly specified by the Minister at the time of the appointment.

(5) The Minister may from time to time appoint any suitable person—

(a) to act as a member of the advisory council in place of any member who is incapacitated by ill health from attending meetings of the advisory council or who is granted leave of absence by the advisory council; or

(b) to be a member of the advisory council in place of any member who resigns or vacates his seat or is removed from office by the Minister.

Local Advisory Committees

9. Local advisory committees.

(1) For the purpose of advising the Director-General upon matters connected with education in the different parts of Sri Lanka and the educational needs thereof, local committees (hereinafter referred to as "local advisory committees”) shall be constituted—

(a) for the area within the administrative limits of each of the Municipal Councils;

(b) for each area within the administrative limits of an Urban Council or Town Council which is specified by the Minister by Order published in the Gazette as an area for which a local advisory committee may be constituted under this section; and

(c) for each of such other areas, not including the areas or any part of the areas referred to in paragraphs (a) and (b), as may be specified or defined by the Minister by Order published in the Gazette as areas for which local advisory committees may be constituted under this section.

(2) Every area, which is to be defined by Order under paragraph (c) of subsection (1), shall be so determined as to ensure that any town for which an Urban Council or a Town Council has been established, or any village area comprised within the administrative limits of a Village Council, is either entirely excluded from the proposed area or included in its entirety therein.

10. Composition, term of office of local advisory committees.

(1) Every local advisory committee shall consist of twelve members.

(2) The officer of the department who is authorised by the Director-General to enforce or execute in any area the provisions of this Ordinance and the regulations made thereunder (hereinafter referred to as "the Chief Education Officer”) shall be a member of the local advisory committee for that area.

(3) In the case of any area within the administrative limits of a Municipal Council or an Urban Council or a Town Council, two of the members of the local advisory committee for that area shall be nominated by the Minister on the recommendation of such Council; and in the case of any area which is specified or defined by Order under section 9(1)(c) and which includes the area within the administrative limits of any Urban Council or Town Council, two of the members of the local advisory committee for the area so specified or defined shall be nominated by the Minister on the recommendation of that Urban Council or Town Council:

Provided, however, that the Minister may, by Order published in the Gazette, increase or reduce the number of members to be nominated under this subsection either generally in respect of all such areas or specially in respect of any specified area; and in any such case the number of members nominated under this subsection shall be the number specified in the Order issued in respect of that case.

(4) Such of the members of each local advisory committee as are not referred to in subsection (2) or subsection (3) shall be nominated by the Minister.

(5) Any member of a local advisory committee, other than the Chief Education Officer, may at any time be removed from office by the Minister.

(6) Any member of a local advisory committee, other than the Chief Education Officer, may, resign his seat on the committee by letter addressed to the Director-General.

(7) Any member of a local advisory committee, other than the Chief Education Officer, who has failed to attend three consecutive meetings of the committee shall, unless he was absent from any such meeting on the ground of ill health or with the leave of the committee first obtained, be deemed to have vacated his seat on the committee.

(8) Every member of a local advisory committee, other than the Chief Education Officer, shall, unless he earlier resigns or vacates his seat or is removed from office by the Minister, hold office for a term of three years from the date of his nomination or for such other term as may have been expressly specified by the Minister at the time of the nomination.

(9) Subject to the provisions of subsection (3), the Minister may from time to time appoint any suitable person—

(a) to act as a member of a local advisory committee in place of any member (other than the Chief Education Officer) who is incapacitated by ill health from attending meetings of the committee or who is granted leave of absence by the committee; or

(b) to be a member of the committee in place of any member who resigns or vacates his seat or is removed from office by the Minister.

11. Chairmen of local advisory committees.

(1) At the first meeting held after the constitution of each local advisory committee, the committee shall elect a Chairman from among its members.

(2) Whenever the office of the Chairman becomes vacant, the committee shall at the next succeeding meeting fill the vacancy by a like election from among its members.

12. Functions of local advisory committees.

(1) Save as otherwise expressly provided, the local advisory committee constituted for any area under this Ordinance shall not be deemed for any purpose to be vested with any executive or administrative duties or powers or with any functions other than that of giving advice or making recommendations on such matters, relating to education in that area or the educational needs thereof, as may be referred for consideration to that local advisory committee by the Minister or by the Director-General.

(2) All matters referred for consideration to a local advisory committee by the Minister or the Director-General shall be dealt with and disposed of by the local advisory committee at meetings summoned and held in the prescribed manner at the prescribed times or intervals.

The School Examinations Advisory Council

13. Establishment of School Examinations Advisory Council.

(1) There shall be established a School Examinations Advisory Council consisting of the Commissioner of Examinations and of the prescribed number of members appointed by the Minister.

(2) The Commissioner of Examinations shall be the Chairman of the School Examinations Advisory Council and shall preside at every meeting of the council at which he is present but shall not be entitled to vote on any matter brought before the council.

In the event of the Commissioner of Examinations being absent from any meeting of the council, the members who are present may elect one of their own number to preside at that meeting.

14. Functions of School Examinations Advisory Council.

(1) The function of the School Examinations Advisory Council shall be to advise the Commissioner of Examinations on all such matters relating to the control, organisation and conduct of school examinations as may be referred by the Commissioner of Examinations to the council for such advice or in respect of which the council may think fit to tender advice.

(2) The School Examinations Advisory Council shall not be deemed for any purpose to be vested with any administrative or executive powers or functions.

15. Meetings, appointment of members, and tenure and vacation of office by members of School Examinations Advisory Council.

The provisions of sections 7 and 8 as to meetings, appointment of members, tenure of office, and vacation of office shall apply to the School Examinations Advisory Council and the members thereof in like manner as if every reference in those provisions to the advisory council or to members of the advisory council were a reference to the School Examinations Advisory Council or to members thereof.

The Educational Research Council

16. Establishment of Educational Research Council.

There shall be established an Educational Research Council consisting of the Director-General and of the prescribed number of members appointed by the Minister.

17. Functions of Educational Research Council.

The Educational Research Council shall be an executive body and shall, subject to such directions as may be issued by the Minister, conduct and promote research in educational theory and practice and investigations and experiments with a view to the improvement of the methods of teaching.

18. Meetings, appointment of members, and tenure and vacation of office by members, of Educational Research Council.

The provisions of sections 7 and 8 as to meetings, appointment of members, tenure of office, and vacation of office shall apply to the Educational Research Council and the members thereof in like manner as if every reference in those provisions to the advisory council or to members of the advisory council were a reference to the Educational Research Council or to members thereof.

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