Universities (Amendment) Act 2009

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title and date of operation

This Act may be cited as the Universities

(Amendment) Act, No. 57 of 2009 and shall come into operation on such date as the Minister may appoint by Order published in the Gazette.

s 2Amendment of section 48 of Act, No. 16 of 1978

Section 48 of the Universities Act, No. 16 of 1978

(hereinafter referred to as the “principal enactment”) is hereby amended in subsection (1A) of that section, by the repeal of paragraphs (b), (c) and (d) of that subsection and the substitution therefor of the following paragraphs:—

“(b)

all permanent Senior Professors, Professors,

Associate Professors, Senior Lecturers and Lecturers of the Departments of Study comprising the Faculty;

(c)

two members elected by the Lecturers

(Probationary) of the Faculty from among such

Lecturers;

(d)

two members of the permanent staff attached to the

Faculty and who are imparting instructions, other than those referred to in paragraphs (b) and (c), elected from among such staff members;”.

s 3Amendment of section 71 of the principal enactment

Section 71 of the principal enactment is hereby amended in subsection (2) of that section, by the repeal of paragraph (ii) of that subsection and the substitution therefor of the following paragraph:—

“(ii)

appointment to a post other than that of teacher, of which the salary code or minimum salary point shall be as determined by the Commission, by Rules made from time to time:

Provided that, the Commission may require the respective Higher Educational Institutions to forward the recommendation for appointment to the above posts, in accordance with the procedure specified by the Commission by rules made in that behalf. The Commission shall on receipt of such recommendation make the necessary appointments; and”.

s 4Amendment of section 72 of the principal enactment

Section 72 of the principal enactment is hereby amended in subsection (1) of that section, by the repeal of proviso of that subsection and the substitution therefor of the following proviso:—

“Provided that where the appointment is to a post of—

(a)

teacher, and the appointee has been previously confirmed in a post of teacher in another Higher

Educational Institution or in another Department of the Higher Educational Institution to which the appointee is attached, such appointment shall, in the first instance be for a probationary period of one year; or

(b)

teacher, and the appointee has been previously confirmed in any post equivalent to the post of teacher in another Higher Educational Institution or in another Department of the Higher Educational

Institution to which the appointee is attached, such appointment shall in the first instance be for a probationary period of one year .”.

s 5Amendment of section 75 of the principal enactment

Section 75 of the principal enactment is hereby amended by the substitution for all the words from “The holder of any post”, to “retired from service:”, of the following:—

“The holder of any post other than that of teacher, shall continue in office beyond the optional age of retirement of such officer, i.e. fifty-five years and remain in service up to the age of fifty seven years, and shall thereafter be deemed to have voluntarily retired from service:”.

s 6Amendment of section 147 of the principal enactment

Section 147 of the principal enactment is hereby amended by the substitution, for the definition of the expression “Teacher”, of the following definition:—

“ “Teacher” means a Senior Professor, Professor,

Associate Professor, Senior Lecturer Grade I,

Senior Lecturer Grade II, Lecturer and Lecturer

(Probationary) and the holder of any post, declared by Ordinance to be a post, the holder of which, is a teacher; and”.

s 7Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.