Tertiary and Vocational Education (Amendment) Act 1999

This Act may be cited as the Tertiary and Vocational

Education (Amendment) Act, No. 50 of 1999.

Section 2 of the Tertiary and Vocational Education

Act, No. 20 of 1990 (hereinafter referred to as the “principal enactment”) is hereby repealed and the following section substituted therefor :-

2. (1) There shall be established a

Commission which shall be called the

Tertiary and

Vocational

Education

Commission (hereinafter referred to as “the

Commission”).

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”.

Section 4 of the principal enactment is hereby amended as follows:-

by the insertion immediately after paragraph (g) of that section, of the following paragraphs :–

by the relettering of paragraph (h) of that section as paragraph (l) of that section.

Section 6 of the principal enactment is hereby repealed and the following section substituted therefor :–

6. (1) The Commission shall consist of the following members :–

the Director-General of Tertiary

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

the Chairman of the Vocational Training

the Director - General of the Department of Technical Education and Training ;

the Director - General of the Sri Lanka

a representative of the Ministry of

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

ten persons appointed by the President in consultation with the Minister

A person shall be disqualified from being appointed a member of the Commission, if he is or becomes a Member of Parliament or a

The President shall in consultation with the Minister appoint one of the appointed

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 this appointment to such office.’.

Section 7 of the principal enactment is hereby amended in subsection (3) of that section, by substitution, for the words and figures “provisions of paragraph (d) of subsection (1) of section 6”, of the words and figures “the provisions of paragraph (h) of subsection (1) of section 6”.

Act, No. 50 of 1999

Section 10 of the principal enactment is hereby amended by the repeal of subsection (6) of that section.

The following new sections are inserted immediately after section 10 and shall have effect as section 10A, 10B, 10C,

10D, 10E, 10F, 10G and 10H respectively, of the principal enactment.

10A. (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 incharge 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.

Where any officer of the public service is temporarily appointed to the staff of the

Where any officer of the public service is permanently appointed to the staff of the

Where the Commission employs any persons who has entered into a contract with

The Commission shall have its own

There shall be paid into the Fund of the

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

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

all such sums of money as may be received by the Commission by way of grants, gifts or loans.

There shall be paid out of the Fund of

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

The provisions of Article 154 of the

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

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

shall not be affixed to any instrument or document except in the presence of two members of the Commission authorized 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.

No action or prosecution shall be

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

any member, officer or servant of the

any expenses incurred by this

Any expenses incurred by any such person as is referred to in paragraph (b) of subsection (1) in any action of prosecution brought against him before any court in respect of any act which is done, or purported 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, be paid out of the Fund of the Commission, unless such expenses are recovered by him in such action or prosecution.”.

The following new section is hereby inserted immediately after Section 12, and shall have effect as Section 12A of the principal enactment :-

12 A. The Minister may, in consultation with the Ministers in charge respectively, of the

Department of Technical Education and

Training, the Vocational Training Authority of

Sri Lanka and any Technical Training or

Vocational Education Institution funded by the

Government, direct such Department, Authority and Institution, respectively, to prepare and

“Power of

Minister to give direction.

Act, No. 50 of 1999

implement plans for Technical Education and

Vocational Training in compliance with the

Development Plans and guidelines of the

Commission, and it shall be the duty of such

Department, Authority and Institution respectively, to comply with every such direction”.

Section 94 of the principal enactment is hereby amended in subsection (2) of that section, by the insertion of the following paragraph immediately after paragraph (a) of that subsection :-

“(aa) the criteria for allocation of funds among public sector institutes providing vocational education and training;”.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall be prevail.

Act, No. 50 of 1999