University of Vocational Technology Act

Arrangement of Sections

1. Short title.

PART I

Establishment of the University of Vocational Technology

2. Establishment of the University of Vocational Technology.

3. Seal of the University.

PART II

Objects and Powers of the University

4. Objects of the University.

5. Powers of the University.

PART III

Powers of the Minister

6. Responsibility and powers of the Minister.

7. Where a situation prevails which is likely endanger national security etc.

8. Measures to be taken by the Minister in the lockout (Sic).

9. Annual Report of the University.

PART IV

Chancellor and Officers of the University

10. Chancellor and the officers of the University.

11. The Vice-Chancellor.

12. The Dean of a Faculty.

13. The Director-General.

14. The Director, Media and Information Services.

15. The Director, Finance.

16. The Director, Admission, Accreditation and Quality Assurance.

PART V

The Authorities of the University

17. The Authorities of the University.

18. The Board of Governors of the University.

19. Powers, duties and functions of the Board.

20. Power of the Board to make Ordinances.

21. The Admission, Accreditation and Quality Assurance Council.

22. Powers of the Quality Assurance Council.

23. The Academic Council.

24. Powers, duties and Functions of the Academic Council.

25. The Faculty Board.

26. Powers duties and function of the Faculty Board

PART VI

Convocation of the University

27. Holding of the Convocation of the University.

PART VII

Staff of the University

28. Board to appoint staff of the University.

29. Determination of qualifications of staff of the University.

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

31. Probationary periods and confirmation.

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

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

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

PART VIII

University Appeals Board

35. Appointment of the Panel of Inquiry and investigation.

36. Constitution of the University Appeals Board.

37. Appeal from the decision of a University Appeals Board.

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

PART IX

Finance

39. The University Fund.

40. Grants in aid of the University.

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

42. Duties of Director, Finance.

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

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

45. Transfer of Funds from one vote to another.

46. Supplementary estimates.

47. Financial year and audit of accounts.

48. Publication of audited accounts

49. Annual accounts and Auditor-General's report to be transmitted to Minister.

PART X

Students Assembly and Other Associations

50. Student Assembly.

51. Recognition of certain Societies and other associations.

52. Board to allocate money to Student Assembly etc, for approved activity.

53. Board to prescribe constitution, duties and functions of the Student Assembly.

54. Suspension or dissolution of Student Assembly, society or other association.

PART XI

General Provisions

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

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

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

58. Prohibition of undesirable persons from entering precincts.

59. Statutes.

60. By-Laws.

61. Regulations.

62. Rules.

63. Provisions of Act, No. 16 of 1978 not to apply

PART XII

Interpretation

64. Interpretation.

65. Sinhala text to prevail in case of inconsistency.

66. Special Provisions pending the establishment of the University.

67. The First Vice-Chancellor and the First Director-General etc, of the University.

68. Officers and servants of the National Institute of Technical Education of Sri Lanka to be offered employment in the University.

69. Repeal of the National Institute of Technical Education of Sri Lanka Act, No. 59 of 1998.

31 of 2008.

AN ACT to provide for the establishment, maintenance and administration of the University of Vocational Technology, to impart higher education at University level on Vocational Technology, and for matters connected therewith or incidental thereto.

[Date of Commencement: 28th August, 2008]

1. Short title.

This Act may be cited as the University of Vocational Technology Act.

PART I

Establishment of the University of Vocational Technology

2. Establishment of the University of Vocational Technology.

(1) Notwithstanding anything to the contrary in the Universities Act, No. 16 of 1978, there shall be established a University called the University of Vocational Technology (hereinafter referred to as the "University”).

(2) The University shall be a body corporate with perpetual succession and a common seal and in the name assigned to the University by subsection (1), have full power to—

(a) sue and to be sued in all courts;

(b) alter the seal at its pleasure;

(c) 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 any such purchase or any grant or donation, lease, testamentary disposition or otherwise;

(d) sell, hypothecate, lease, exchange or otherwise dispose of any property acquired by it:

Provided however, that any sale, hypothecation, lease, exchange or other disposition of any such property shall be invalid, if the same is made in contravention of any restriction, condition or prohibition imposed by law or by any appropriate Instrument or order, by which any such property was vested in the University; and

(e) exercise, perform and discharge such powers, duties and functions as are conferred or imposed cm or assigned to the University by this Act.

(3) The powers, duties and functions conferred, imposed or assigned to the University shall, unless otherwise expressly provided for by this Act, he exercised by the Board.

3. Seal of the University.

The seal of the University shall be in the custody of the Director-General of the University and shall not be affixed to any instrument or document except in his presence or in the presence of any other officer assigned by the Vice-Chancellor, and the Director-General or such other officer, as the case may be, shall sign such instrument or document in token of his presence.

PART II

Objects and Powers of the University

4. Objects of the University.

The objects of the University shall be to—

(a) assist in the progressive development of students in technical and vocational education and training system, based on their aptitudes and abilities to acquire a University education;

(b) provide pedagogical training for those undergoing training while serving in the technical and vocational education sector and industry;

(c) assist in the development of Course curricula for technical and vocational education and training;

(d) provide courses of study for middle level technical personnel having qualifications acceptable for admission to the University;

(e) provide courses of study for those with National Vocational Qualifications to upgrade their competency and acquire academic qualifications;

(f) provide extension courses on continuous professional development; and

(g) provide extension services to the public including institutions, in the construction, manufacturing and service sectors.

5. Powers of the University.

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

(a) admit students and provide instructions in any approved branch of technical and vocational education and training as the University may determine;

(b) make available opportunities for research and for the advancement and dissemination of knowledge;

(c) hold examinations and assess student performance;

(d) grant and confer degrees and other academic distinctions in conformity with any Statute made for the purpose;

(e) establish specialised institutes or schools;

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

(g) make arrangements for the conduct of examinations for enabling those not instructed at the University to obtain degrees, diplomas and certificates from the University and to determine the courses of instruction for such examinations;

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

(i) confer honorary degrees or other distinctions on persons approved by the Academic Council and the Board, in conformity with any Statue made for the purpose;

(f) recognise examinations passed and periods of learning pursued at any University established or deemed to be established under the Universities Act, No. 16 of 1978 and any higher educational institutions and technical and vocational or professional institutions of the State, within Sri Lanka, for the purpose of admitting students to the University, as approved by the Admission, Accreditation and Quality Assurance Council and the Academic Council;

(k) erect, equip and maintain for the purposes of the University, libraries, laboratories and other buildings for instructional purposes;

(l) institute Senior Professorships, Professorships, Associate Professorships, Senior Lectureships, Lectureships, Assistant Lectureships and other non-academic posts, as may be required for the purposes of the University;

(m) institute and award fellowships, scholarships, exhibitions, bursaries, medals and other prizes in conformity with any Statute made for the purpose;

(n) 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 any Ordinance; and

(o) do all such other acts or things as may be necessary for effectively exercising any of the powers conferred by this Act and for the attainment of the objects specified in section 4.

PART III

Powers of the Minister

6. Responsibility and powers of the Minister.

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

(2) In fulfilling his responsibility under Subsection (1), the Minister may from time to time issue to the Board such written directions as he may consider necessary in regard to matters such as finance and medium of instruction. Every written direction issued under this subsection shall be tabled in Parliament within three months of date of the issue.

(3) It shall be the duty of the Board to comply with all directions issued by the Minister under subsection (2).

(4) The Minister may from time to time for the purpose of effectively fulfilling his responsibilities relating to the administration of this Act, order all or any of the activities pertaining to the administration of the University to be investigated under subsection (40) was carried out.

(5) Upon receipt of the report of the Board in compliance with an order made under subsection (4), the Minister shall direct the Board to take such remedial action as he may consider necessary, with reference to the activity or the administration of the University pertaining to which the investigation under sub section (4) was carried out.

7. Where a situation prevails which is likely endanger national security etc.

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

8. Measures to be taken by the Minister in the lockout (Sic).

(1) Where the Minister is of the view that due to any strike, lockout or any other cause, the work or administration of the University has been seriously disrupted and that the authorities of the University have failed to restore normal conditions, he may take all such measures as may be necessary to ensure the restoration of normalcy Pending the restoration of normalcy, the Minister may by Order published in the Gazette, make such provisions as he may deem necessary in respect of all or any of the following matters—

(a) the closure of 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, duty or functions under this Act or under any appropriate Instrument, in lieu of any Officer, Authority or other body of the University; and

(c) any other matter connected with or relating to any of the matters aforesaid.

(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 of the Gazetting, be tabled in Parliament. The Order shall unless earlier rescinded, remain in force for a period not exceeding three months thereafter.

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 the payment of a fee to be determined by the University.

PART IV

Chancellor and Officers of the University

10. Chancellor and the officers of the University.

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

(2) The Chancellor nominated under subsection (1) shall, when present, preside at each Convocation of the University.

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

(a) the Vice Chancellor;

(b) the Dean of each Faculty;

(c) the Director-General of the University;

(d) the Director, Media and Information Services;

(e) the Director, Finance;

(f) the Director, Admission. Accreditation and Quality Assurance; and

(g) any person holding a post declared by Statute to be that of an Officer.

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.

(2) The panel of three persons shall be selected from amongst those who have academic qualifications, knowledge and experience in the field of construction or manufacturing or any other field of technology or service sector.

(3) A person shall not be appointed as a Vice-Chancellor, for more than two consecutive terms of office.

(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 and of the Academic Council. The Vice-Chancel 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, 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 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 shall, unless he vacates office earlier or is removed from office under subsection (9) of this section, hold office for a term of four years or until he has completed his sixty fifth year, whichever event occurs earlier.

(9) The Vice-Chancellor may for reasons assigned, be removed from office by the President.

(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 President 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. Until such arrangements are made, the Director-General of the University shall 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 Director-General of the University shall carry out the routine duties of the office.

12. The Dean of a Faculty.

(1) There shall be a Dean of each Faculty who shall be the academic and administrative Head of that 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.

(2) The Dean shall subject to the provisions of any appropriate Instrument, hold office for a period of three years reckoned from the date of his election and shall, unless disqualified from holding such office, be eligible for re-election, for a further period of three years.

(3) The Dean of a Faculty who is disqualified from continuing to function as an officer of the University under section 55 of this Act, shall be removed from such office.

(4) Where owing to leave of absence, illness or other cause, the Dean of a Faculty is temporarily unable to perform the duties of his office for a period not exceeding three months, the Vice-Chancellor shall appoint a Senior Professor, Professor, Associate Professor or Senior Lecturer of that Faculty, to act in the post of Dean for such period.

(5) Where a Dean of a Faculty is removed, retires, resigns, or is for any other reason unable to perform the duties of his office for a period exceeding three months, the post of Dean of that Faculty shall be deemed to have become vacant, and a new Dean shall be elected in accordance with the provisions of subsection (1). The person so elected shall hold office for the un-expired part of the term of office of his predecessor.

13. The Director-General.

(1) The Director-General of the University, shall be appointed by the Board upon the recommendation of a Selection Committee, the composition of which shall be prescribed by Ordinance, and shall function as a full-time officer of the University. The Director-General shall also be the Assistant Accounting Officer of the University.

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