NATIONAL EDUCATION COMMISSION ACT

Arrangement of Sections

1. Short title.

PART I

Establishment of the National Education Commission

2. President to declare National Education Policy.

3. Establishment of the National Education Commission.

4. Constitution of the Commission.

5. Chairman and Vice-Chairman of the Commission.

6. Meetings of the Commission.

7. Seal of the Commission.

PART II

Powers and Functions of the Commission

8. Functions of the Commission.

9. Powers of Minister not be affected.

10. Powers of the Commission.

PART III

Staff of the of the Commission

11. Chief Executive Officer.

12. Appointment of the staff of the Commission.

13. Appointment of public officers to the staff of the Commission.

PART IV

General

14. Declaration of secrecy.

15. Return and information's.

16. Members, officers and servants of the Commission deemed to be public servants.

17. The Commission deemed to scheduled institution within the meaning of the Bribery Act.

18. Offences.

19. Protection for action taken under this Act or on the direction of the Commission.

20. Annual report.

21. Rules.

22. Regulation.

23. Interpretation.

24. Sinhala text to prevail in case of inconsistency.

19 of 1991.

AN ACT to provide for the establishment of a National Education Commission and for matters connected therewith or incidental thereto.

[Date of Commencement: 19th April, 1991]

1. Short title.

This Act may be cited as the National Education Commission Act.

PART I

Establishment of the National Education Commission

2. President to declare National Education Policy.

(1) The President, subject to the provisions of the Constitution, may, declare from time to time the National Education Policy which shall be conformed to by all authorities and institutions responsible for education in all its aspects.

(2) "The National Education Policy includes the following matters:”

Aims and goals of education; the structure of the educational system preschool, primary, secondary, tertiary, higher, informal, non formal, adult, special, professional and religious; the establishment, location and distribution of educational institutions, including methods and criteria for admission of students and recruitment of teachers; the content of education, including medium of instruction, diversification of curricula, text books and learning materials, the place of religious knowledge, observance and practice, assessment and evaluation, the examination system, certificates, diplomas and academic awards and recognition of qualifications; recruitment, placement, disciplinary control and professional growth of education service personnel, including teachers, para educational personnel, supervisors and administrators; resources for education, including the mobilisation of community participation; and ancillary services for education including mid-day meals, health and dental services, physical education and sports.

(3) The National Education Policy shall be formulated on a consideration of the recommendations and advice made to the President by the National Education Commission established by section 3.

3. Establishment of the National Education Commission.

(1) There shall be established a Commission which shall be called the National Education Commission (here in after referred to as the "Commission”).

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

4. Constitution of the Commission.

(1) The Commission shall consist of the following—

(a) the Chairman of the University Grants Commission established by the Universities Act, No. 16 of 1978;

(b) the Chairman of the Tertiary and Vocational Education Commission established by the Tertiary and Vocational Education Act, No. 20 of 1990;

(c) a member appointed by the President on the recommendation of the Minister in charge of the subject of Education and Higher Education;

(d) a member appointed by the President on the recommendation of the Minister in charge of the subject of Finance;

(e) a member appointed by the President on the recommendation of the Minister in charge of the subject of Provincial Councils;

(f) ten other members who shall be appointed by the President from among persons who have shown capacity in the fields of Education, Administration or Management or have achieved distinction in any profession. The Chairman, the Vice-Chairman (Policy) and the Vice-Chairman (Planning) appointed under section 5 shall work full time for the Commission.

(2) A person shall be disqualified from being appointed or continuing as a member of the Commission if he is or becomes a Member of Parliament, a member of a Provincial Council or a member of a local authority.

(3) A member of the Commission may resign his office by a letter addressed to the President and such resignation shall take effect upon its acceptance by the President.

(4) The President may, for cause assigned, remove any member of the Commission from office.

(5) The term of office of a member of the Commission appointed under paragraphs (c), (d), (e) and (f) of subsection (1) shall be five years:

Provided that a member appointed by the President to fill a vacancy in the office of any such member of the Commission, shall hold office for the unexpired period of the term of office of the member whom he succeeds.

(6) Where a member of the Commission appointed under paragraphs (c), (d), (e) and (f) of subsection (1) becomes, by reason of illness or other infirmity or absence, from Sri Lanka, temporarily unable to perform the duties of his office, the President may, having regard to the provisions of the paragraph under which he was appointed, appoint a fit and proper person to act in place of that member.

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