TERTIARY AND VOCATIONAL EDUCATION ACT

Arrangement of Sections

1. Short title.

PART I

CHAPTER I

ESTABLISHMENT OF THE TERTIARY AND VOCATIONAL EDUCATION COMMISSION

2. Establishment of Tertiary and Vocational Education Commission.

3. Objects of the Commission.

4. Powers of the Commission.

5. General directions by the Minister.

6. Constitution of the Commission.

7. Vacation of office.

8. Meetings of the Commission.

9. Committees.

10. Director-General and staff of the Commission.

10A. Appointment of Public officers to Commission.

10B. Fund of the Commission.

10C. Financial Year of the Commission.

10D. Audit of accounts of the Commission.

10E. Seal of the Commission.

10F. Commission deemed to be a Scheduled Institution within the meaning of the Bribery Act.

10G. Members, Officers and servants of the Commission deemed to be public servants.

10H. Protection of action.

CHAPTER II

DEVELOPMENT PLAN

11. Development Plan.

12. Commission to prepare plans for nationally recognised system of Tertiary Education and Vocational Education awards.

12A. Power of Minister to give direction.

CHAPTER III

REGISTRATION

13. Determination of specified courses.

14. Registration of Institutes.

15. Registration of specified courses.

16. Registration of recognised examination.

17. Commission's powers in respect of persons and institutes establishments registered under section 14 and 15.

18. Powers of Director-General in respect of Institutes persons and establishments registered under this Act.

19. Appeals against refusal to register.

20. Cancellation of registration.

21. Appeals against cancellation.

CHAPTER IV

ASSOCIATE DEGREES

22. Associate Degree.

23. Award of Associate Degrees by Institutes of Higher learning.

24. Associate Degree Institutes.

25. Associate Degree Committee.

26. Revocation of order made under section 24.

27. Appeal against revocation.

CHAPTER V

MISCELLANEOUS

28. Regulations.

29. Director-General to apply to court.

30. Exemption from registration of certain institutes.

31. Exemption from provisions of sections 14 and 16 certain statutory bodies.

32. Commission to submit a report.

33. Exemption from application of this Act.

34. Repeal of certain section of Education Ordinance.

35. Interpretations.

PART II

CHAPTER VI

ESTABLISHMENT OF THE NATIONAL APPRENTICE AND INDUSTRIAL TRAINING AUTHORITY

36. Establishment of the National Apprentice and Industrial Training Authority.

37. Objects of the Authority.

38. Powers of the Authority.

39. Constitution of the Authority.

40. Act not invalidated by reason of a vacancy.

41. Seal of the Authority.

42. Meetings of the Authority.

43. Remuneration of the members of the Authority.

44. Borrowing powers of the Authority.

45. Committees of the Authority.

46. Directions by the Minister.

47. Chief Executive Officer.

48. Powers of the Authority in regard to appointment the staff of the Authority and their training.

49. Appointment of officers from other services to the staff of the Authority.

50. Appointment of the Inspector.

51. Powers of the Inspector.

52. Delegation of powers, functions and duties to officers and servants of the Authority.

53. Fund of the Authority.

54. Surplus moneys.

55. Authority.

56. Financial year of the Authority.

57. Auditor General's report and report of the annual activities of the Authority to be transmitted to the Minister.

58. Minister to direct the Commission to make Development Plans.

59. Initial training.

60. Minister to prescribe occupations in respect of which initial training may be provided.

61. Provision to be made for institutions outside training places to provide initial training.

62. Nature of training to be given.

63. Qualification of a trainee.

64. Contracts.

65. Written form of contracts.

66. Period of initial training.

67. Registration of contracts.

68. Authority to specify the maximum number of contracts.

69. Entry of amendment, and deletion.

70. Authority to order remedies whose shortcomings are found.

71. Termination without notice during probation period.

72. Notice of termination.

73. Register of initial training contract.

74. Invalid agreements.

75. Duties of a training employer.

76. Duties of a trainee.

77. Powers of the Authority in respect of training establishments.

78. Vocational Training Report.

79. Who may engage trainees.

80. Schemes for training.

81. Re-training Programmes.

82. Formulation of National Trade Tests.

83. Training cess.

84. Employer to maintain record of progress.

85. Records of Authority.

86. Binding contract.

87. No writ to issue against person or property of a member of the Authority.

88. Officers and servants of the Authority deemed to be public servants.

89. Protection for action taken under this Act or on the direction of the Authority.

90. Offences by a training employer.

91. General penalty.

92. Offences by bodies of persons.

93. Rules.

94. Regulations.

95. Repeal and savings.

96. Authority to exercise powers for a period of two years notwithstanding the absence of a Development Plan.

97. Interpretation.

20 of 1990,

50 of 1999.

AN ACT to provide for the establishment of a Tertiary and Vocational Education Commission; to provide for plans for the development of Tertiary Education and Vocational Education and its implementation thereof; for the establishment of a national apprentice and industrial training authority; and for matters connected therewith or incidental thereto.

[Date of Commencement: 1st June, 1990]

1. Short title.

This Act may be cited as the Tertiary and Vocational Education Act.

PART I

CHAPTER I

ESTABLISHMENT OF THE TERTIARY AND VOCATIONAL EDUCATION COMMISSION

2. Establishment of Tertiary and Vocational Education Commission.

(1) There shall be established a Commission which shall be called the Tertiary and Vocational Education Commission (hereinafter 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 that name.

[S 2 subs by s 2 of Act 50 of 1999.]

3. Objects of the Commission.

(1) The general objects of the Commission shall be—

(a) the planning, co-ordination and development of tertiary education and vocational education at all levels in keeping with human resource needs of the economy;

(b) the development of a nationally recognised systems for granting of tertiary education awards and vocational education awards including certificates, and other academic distinctions; and

(c) the maintenance of academic and training standards in institutes, agencies and all other establishments providing tertiary education and vocational education.

(2) In the development of tertiary education and vocational education the Commission shall be guided by the directive principles set out in sub-paragraph (h) of paragraph (2) of Article 27 of the Constitution of the Democratic Socialist Republic of Sri Lanka.

4. Powers of the Commission.

The Commission shall have the power—

(a) to advise the Minister on the general policy relating to tertiary education and vocational education;

(b) to ensure that the general policy in regard to tertiary education and vocational education is given effect to;

(c) to co-ordinate the system of tertiary education and vocational education;

(d) to submit reports to the Minister on the financial, staff and other requirements of institutes registered under this part of this Act;

(e) to make or pay, with the approval of the Master grants and subsidies to institutes, persons and establishments registered under this Part of this Act, in respect of any purpose authorised by a Development Plan;

(f) to determine the facilities necessary to ensure the proper welfare of students and staff of all institutes and establishments registered under this Part of this Act 5;

(g) to make rules; and

(h) to make grants and pay subsidies under contracts to private sector establishments, to conduct specific training programmes in compliance with Development Plans;

[S 4(h) ins by s 3(a) of Act 50 of 1999.]

(i) to undertake research and development activities in vocational education and training;

[S 4(i) ins by s 3(a) of Act 50 of 1999.]

(j) to establish and maintain a labour market information systems for collecting, information for the purposes of planning, and providing vocational guidance, in the field of vocational education and training;

[S 4(j) ins by s 3(a) of Act 50 of 1999.]

(k) to establish and maintain system for quality assurance in vocational education and training including standards in respect of occupational skills, training, programmes, testing and quality management systems;

[S 4(k) ins by s 3(a) of Act 50 of 1999.]

(l) to do all such other acts which in the opinion of the Commission are necessary for or conducive or incidental to the attainment of the objects of the Commission.

[S 4(h) re-lettered as s 4(l) by s 3(b) of Act 50 of 1999.]

5. General directions by the Minister.

(1) The Minister shall be responsible for the general direction of tertiary education and vocational education and the administration of this Act.

(2) The Minister may from time to time issue to the Commission such general written directions as he may deem necessary in a pursuance of national policy to enable him to discharge effectively his responsibility for tertiary education and vocational education and the administration of this Act:

Provided however, the Minister shall not issue and such directions to the Commission relating to the exercise by the Commission of its powers under section 20 and section 26.

(3) The Minister may from time to time call on the Commission to furnish such information as he may deem necessary relating to its functions and duties.

(4) The Commission shall comply with such directions and the governing authority of every institute, agency and other establishment providing tertiary education and vocational education shall afford such facilities or provide such information to the Commission as may be necessary to enable the Commission to comply with such direction.

6. Constitution of the Commission.

(1) The Commission shall consist of the following members—

(a) the Director-General of Tertiary Education and Vocational Education appointed under section 10(1)(a);

(b) the Chairman of the National Apprentice and Industrial Training Authority established under Chapter VI;

(c) the Chairman of the Vocational Training Authority of Sri Lanka established by the Vocational Training Authority of Sri Lanka Act, No, 12 of 1995;

(d) the Director-General of the Department of Technical Education and Training;

(e) the Director-General of the Sri Lanka Institute of Advanced Technical Education established by the Sri Lanka Institute of Advanced Technical Education Act, No. 29 of 1995;

(f) a representative of the Ministry of Finance nominated by the Minister in charge of the subject of Finance, in consultation with the Minister;

(g) a person appointed by the President in consultation with the Minister to represent trade unions, from amongst persons nominated by trade unions;

(h) ten persons appointed by the President in consultation with the Minister (hereinafter referred to as "appointed members”); from amongst entrepreneurs in the private sector, of whom at least eight persons shall be from amongst persons nominated by the Chambers of Commerce and Industry and other Associations of employers.

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

(3) The President shall in consultation with the Minister appoint one of the appointed Members of the Commission to be the Chairman of the Commission (hereinafter referred to as "the Chairman”).

(4) Subject to the provisions of section 7, every appointed Member of the Commission shall hold office for a period of four years from the date of his appointment to such office.

[S 6 subs by s 4 of Act 50 of 1999.]

7. Vacation of office.

(1) The President may after consultation with the Minister by order made in writing remove an appointed member from office without assigning any reason therefor, and thereupon such member shall be deemed to have vacated office.

(2) An appointed member may at any time resign from his office by letter to that effect addressed to the Minister and such resignation shall take effect upon it being accepted by the Minister.

(3) In the event of the vacation of office by death, resignation or removal of any appointed member, the President may in accordance with the provisions of
paragraph (
h) of subsection (1) of section 6, appoint any other person to succeed such member. Any person so appointed in place of such appointed member, shall hold office during the unexpired term of office of the member whom he succeeds.

[S 7(3) am by s 5 of Act 50 of 1999.]

8. Meetings of the Commission.

(1) The Chairman shall preside at every meeting of the Commission. In the absence of the Chairman from any such meeting the members present shall elect one of the members present to preside at such meeting.

(2) The quorum for any meeting shall be decided by the Commission.

(3) All question for decision at any meeting of the Commission shall be decided by the vote of the majority of the members present. In the case of an equality of votes, the Chairman or member presiding shall in addition to his own vote, have a casting vote.

(4) The Chairman shall—

(i) be responsible for the preparation of the agenda for the meetings of the Commission and the submission for the consideration of the Commission of policies and measures considered by him to be necessary for the purpose of carrying out the principles and provisions of this Act; and

(ii) exercise such powers as are delegated by the Commission for the purpose of controlling its affairs.

(5) Subject to the provisions of subsections (3) and (4) the Commission may regulate its own procedure in regard to its meetings and the transaction of business at such meetings.

(6) No act or decision or proceeding of the Commission shall be invalidated by reason only of the existence of a vacancy among its members or any defect in the appointment of a member thereof.

(7) If the Chairman is by reason of leave, illness, absence from Sri Lanka or other cause, is temporarily unable to perform the duties of his office the Minister may appoint one of the members as acting Chairman for such period the Chairman is unable to perform the duties of his office.

9. Committees.

(1) The Commission may establish committees to assist it in the performance of its functions and may appoint any such persons as it may deem fit to be members of any such committees.

(2) The Commission may delegate to a committee established under subsection (1) such of its powers as it may deem fit, but shall not be divested of any power which it may have delegated to a committee. The Commission may amend or revoke any decision made by a committee.

10. Director-General and staff of the Commission.

(1) There shall be appointed—

(a) a Director-General of the Commission under the name and style Director-General of Tertiary Education and Vocational Education (in this Act referred to as "the Director-General”;

(b) a Secretary to the Commission; and

(c) such other officers and other staff as is deemed necessary to assist the Director-General.

(2) The Director-General shall be the head of the office of the Commission and be responsible for its administration.

(3) The Director-General shall—

(a) be responsible for the supervision of institutes registered under section 14 and of persons and establishment conducting specified courses registered under section 15;

(b) exercise such powers and functions as are delegated by the Commission.

(4) In the exercise of the powers vested in him under subsections (2) and (3) of this section, the Director-General shall have the power to make such order as may seem necessary to him.

(5) The Commission shall have the power to amend, revise or revoke any order made by the Director-General.

(6) .

[S 10(6) rep by s 6 of Act 50 of 1999.]

10A. Appointment of Public officers to Commission.

(1) At the request of the Commission, an officer in the public service, may with the consent of that officer, the Secretary to the Ministry under which that officer is serving and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, 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.

(2) Where any officer of the public service is temporarily appointed to the staff of the Commission, the provisions of subsection (2) of section 14 of the National Transport Commission Act, No. 37 of 1991 shall, mutatis mutandis, apply to, and in relation to, him.

(3) Where any officer of the public service is permanently appointed to the staff of the Commission, the provisions of subsection (3) of section 14 of the National Transport Commission Act. No. 37 of the 1991, shall mutatis mutandis, apply to, and in relation to, him.

(4) Where the Commission employs any persons who has entered into a contract with the Government by which he has agreed to serve the Government for a specified period of time, service to the Commission by that person shall be regarded as service to the Government for the purposes of discharging his obligations under such agreement.

[S 10A ins by s 7 of Act 50 of 1999.]

10B. Fund of the Commission.

(1) The Commission shall have its own Fund.

(2) There shall be paid into the Fund of the Commission—

(a) all such sums of money as may be voted from time to time by Parliament for the use of the Commission;

(b) all such sums of money as may be received by the Commission as fees, charges or cesses;

(c) all such sum of money as may be received by the Commission by way of grants, gifts or loans.

(3) There shall be paid out of the Fund of Commission all such sums of money as are required to defray any expenditure incurred by the Commission in the exercise and discharge of its powers and functions under this Act and all such sums of money as are required or authorised to be paid out of the Fund of the Commission by or under this Act.

[S 10B ins by s 7 of Act 50 of 1999.]

10C. Financial Year of the Commission.

The financial year of the Commission shall be the calendar year.

[S 10C ins by s 7 of Act 50 of 1999.]

10D. Audit of accounts of the Commission.

(1) The Commission shall cause proper books of accounts to be kept of the income and expenditure, asset and liabilities and all other transactions of the Commission.

(2) The provisions of Article 154 of the Constitution relating to the audit of the accounts of public Corporations shall apply to the audit of the accounts of the Commissions.

[S 10D ins by s 7 of Act 50 of 1999.]

10E. Seal of the Commission.

The seal of the Commission—

(a) shall be in the custody of such person as the Commission may determine from time to time;

(b) may be altered in such manner as may be determined by the Commission;

(c) shall not be affixed to any instrument or document except in the presence of two members of the Commission authorised in writing in that behalf by the Chairman of the Commission, both of whom shall sign the instrument or document in token of their presence.

[S 10E ins by s 7 of Act 50 of 1999.]

10F. Commission deemed to be a Scheduled Institution within the meaning of the Bribery Act.

The Commission shall be deemed to be a Scheduled Institution within the meaning of the Bribery Act, and the provisions of that Act, shall be construed accordingly.

[S 10Fins by s 7 of Act 50 of 1999.]

10G. Members, Officers and servants of the Commission deemed to be public servants.

All members, officers and servants of the Commission shall be deemed to be public servants within the meaning, and for the purposes, of the Penal Code.

[S 10G ins by s 7 of Act 50 of 1999.]

10H. Protection of action.

(1) No action or prosecution shall be Instituted—

(a) against the Commission for any act, which in good faith is done, or purported to be done, by the Commission under this Act; or

(b) any member, officer or servant of the Commission for any act which in good faith is done, or purported to be done, by him under this Act or on the direction of the Commission.

(2) any expenses incurred by this Commission in any action or prosecution brought by or against the Commission before any court shall be paid out of the Fund of the Commission and any costs paid, to or recovered by the Commission, in any such action or prosecution shall be credited to the Fund of the Commission.

(3) Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any action or prosecution brought against him before any court in respect of any act which is done, or purposed to be done, by him under this Act or on the direction of the Commission shall, if the court holds that such act was done in good faith, he paid out of the Fund of the Commission, unless such expenses are recovered by him in such action or prosecution.

[S 10H ins by s 7 of Act 50 of 1999.]

CHAPTER II

DEVELOPMENT PLAN

11. Development Plan.

(1) The Commission shall, from time to time in according with the guidelines including criteria for eligibility or entry requirements issued by the Minister prepare a plan or plans as the case may be, for the development or tertiary education and vocational education in Sri Lanka. The Minister shall with his report thereon submit such plan or plans to the President for approval.

(2) The President may in consultation with the Minister approve such plan or plans with or without amendments.

(3) Each such plan approved under subsection (2) by the President, shall be published in the Gazette by the Minister as a Tertiary Education and Vocational Education Development Plan (in this Act referred to as "the Development Plan”). The Commission shall be responsible for giving effect to all Development Plans.

(4) Upon a request by a Chief Minister of a Province, the Minister may direct the Commission to prepare a plan under subsection (1) for the development of tertiary education and vocational education in the said Province. The President shall before making a determination under sub section (2) consult the Chief Minister thereof.

(5) The Commission may with the approval of the Minister make any grants or pay any subsidy in respect of any purpose authorised by a Development Plan.

(6) The general institutions for the provisions of tertiary education and vocational education or tertiary education or vocational education shall be Regional Colleges, Technical Colleges and Shilpayathanas.

(7) The provisions of this section shall not apply in respect of the University Grants Commission established under the Universities Act, No. 16 of 1978.

12. Commission to prepare plans for nationally recognised system of Tertiary Education and Vocational Education awards.

(1) The Commission may under subsection (1) of section 11 prepare plans for any nationally recognised system of tertiary education awards and vocational education awards, including the recognition of any registered examination an examination for such purpose.

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MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


REGULATION OF INSURANCE INDUSTRY(AMENDMENT) ACT, NO. 23 OF 2017


IMMIGRANTS AND EMIGRANTS (AMENDMENT) ACT, No. 7 OF 2015


SRI LANKA SUSTAINABLE DEVELOPMENT ACT, NO. 19 OF 2017


MUNICIPAL COUNCILS (AMENDMENT) ACT, NO. 20 OF 2017


URBAN COUNCILS (AMENDMENT) ACT, NO. 21 OF 2017


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