FUTA Private Universities

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Establishment of Non-State

Higher Educational Institutes

Outcome of the Open Discussion ForumOrganized by

National Movement to Protect FreeEducation in Sri Lanka

Convener: Ven. Dambara Amila

on 2nd

December 2011 atNational Library


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Definition for Higher Education Institutes

Non-State Higher Educational Institution means a non-Stateorganization which is registered as a Non-State HigherEducational Institution under section 37 of this Act.

The provisions of the Universities Act No 16 of 1978 shall notapply to or in respect of any non-state higher educationalInstitution registered under this Act.Page 42

Higher Educational Institute shall have the same meaning asgiven to that expression by the Universities Act, No 16 of 1978 and includes a Non-State Higher Educational Institution.Pa e 43


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An Act to Establish the:

(1) Sri Lanka Qualifications Framework, QualityAssurance and Accreditation Board

and

(2) the Non-State Higher Education Council andNon- state Organizations and Institutions asHigher Educational Institutions and theRegulation of their Activities


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Establishment of Sri Lanka Qualifications

Framework, Quality Assurance and Accreditation Board

It is referred to as Board hereafterBoard Shall be the National qualification framework

quality assurance and accreditation authority for highereducation in Sri Lanka

Higher Education means any academic study course or other studies provided in conventional or open and distance learning modes or blended modes of learning, leading to the award of any certificate,

Diploma or degree or an equivalent thereof :


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Sri Lanka Qualifications Framework, Quality Assurance and Accreditation Board

Non-StateHigher Educational InstitutionsNational Universities


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Composition of the BOARD

The Board shall consist of following members appointed

by the Minister (Minister in Charge of the Subject of Higher Education)1. One (01) member possessing the high academic

qualifications who shall be the Chairman of the Board

2. Three (03) members holding a high academic post inany higher educational Institution , who havedistinguished themselves in quality assurance in higher

education


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Composition of the BOARDThe following Ex-Officio Members:1. Secretary/Ministry of In-charge of the subject of higher

education or his nominee;2. Chairman of University Grant Commission3. Chairman of Committee of Vic Chancellors and

Directors (CVCD) or his Nominee4. Director General of the Sri Lanka Institute of Advance

Technological Education or nominee5. Chairman of Tertiary and Vocational Education

Commission or nominee

6. President of Institute of Engineers, Sri Lanka7. President of the Sri Lanka Medical Council


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Abstract of the Composition of BOARD

4 members appointed by the Minister

7 members of Ex-Officio 1 CVCD (is not a legal body) 4 political appointees

2 (Chairmen of Professional Organizations)

Total 11


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Functions and Duties of the Board

1. Assess and monitor the educational quality andstandards of all the higher Educational Institutions,courses offered by such Institutions and of the

Teachers and other academic staff of those Institutions:2. Evaluate from time to time the quality and the grade of

all higher educational Institutions:3. Recommended to the Ministry of the Minister, the

Higher Educational Institutions which has reached the

required standard for accreditation and make knownsuch recommendations to all relevant authorities and tothe public.


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Functions and Duties of the Board

contd.4. Evaluate foreign degrees, diplomas and other

academic distinctions for the purpose of recognitionof such degrees, diplomas and distinctions by theMinistry of Minister;

5. Make recommendation to facilitate mobility andprogress in higher education and in carrier pathways

to be make available to students of higher education6.Make recommendation on comparing qualifications

offered by different Higher Education Institutions:

F i d D i f h B d


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Functions and Duties of the Board contd.

7. Make Recommendation on the Appropriate qualificationFramework levels of higher education and vocationaltraining programmes offered by different HigherEducational Institutes;

8. Make Rules in respect matters for which rules arerequired to be made under this Part of this Act;

9. Perform and discharge such other duties and functions asmay be assigned to the Board by regulations made in thatbehalf.


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Agencies

The Board shall have two agencies, namely;1. Qualifications Frame work Agency

and2. Quality Assurance and Accreditation

Agency

f h d


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Powers of the Board

Directions by MinisterThe Minister may give to the Council such directions

non inconsistent with the provisions of this Act, inconnection with the exercise, performance anddischarge of its powers, duties and functions under

this Act or any other written law, as the ministermay consider necessary and the Council shall berequired to give effect to all such directions given bythe Minister.


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Establishment of Non-State

Higher Educational Institutions

Council There shall be established a council to be

called and known as the Council for Non-State Higher Educational Institutions(hereafter referred as Council)

Eli ibili d A li i f


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Eligibility and Application for

Registration1. Non-State organization or Institution shall beeligible to apply to be registered as non-statehigher educational Institution under subsection(1) of sections 35, where such organization or

Institution:(a) Is registered

(i) As a Company , under Companies Act, no 7 of 2007 or(ii) As a training institute , under the Board of

Investment Law, No 4 of 1978 and

Eli ibili d A li i f


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Eligibility and Application for

Registration contd(b) Satisfy the academic standards specified and setout by the Quality Assurance and AccreditationAgency under paragraph (b) of section 14 andcomplies with such requirements that may be

prescribed for the purpose under section 45 of thisAct.2. A non-state Organization or Institution which seeks

to provide higher education shall be required tomake an application to be registered under

subsection (1) of section 35:(a) Through the CEO accompanied by Prescribed fee

Composition of the COUNCIL


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Composition of the COUNCILThe Council consists of the following members appointed by

the Minister with the Concurrence of the President1. Two members (02) to be the Chairman and the Vice

Chairman respectively of the Council, from amongpersons possessing high academic qualifications;2. Two members (02) represent registered Non-state

Higher Educational Institutions and3. Three (03) members selected from statutory

organizations or institutions representing the fieldsor Medicine , Engineering or Accountancy or any

other fields

Composition of the COUNCIL contd


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Composition of the COUNCIL contd.The following Ex-Officio Members:

1. Secretary/Ministry of In-charge of the subject of highereducation or his nominee; (01)

2. Secretary/Ministry of In-charge of the subject of Financeor his nominee; (01)

3. Chairman of University Grant Commission (01)

4. Chairman/Director General of the Sri Lanka Institute of Advance Technological Education (01)

5. Chairman of Tertiary and Vocational EducationCommission or nominee (01)

6. Chairman/Director General of the Sri Lanka

qualification Framework, quality assurance andaccreditation Board established by section 2 of this Act


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Abstract of the Composition of

the COUNCIL

2 members Chairman, vice Chairmanappointed by the minister

2 members from non- State organizations 3 members from statutory bodies 6 Ex-officio

Total = 13

D i f h C il


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Duties of the Council

1. Register any non-state organization or Institutionswhich either directly or indirectly, offer services

relating to or connected with providing highereducation2. Regulate functions and activities of non-state

higher educational Institutions3. Encourage, promote and facilitate the development

of Non-state higher education sector


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Duties of the Council contd..4. Design and implement or support theimplementation of quality assurance, certification

and accretation schemes and other measures inliaison with the Sri Lanka Qualification Framework,Quality Assurance and Accreditation Board

Established by Section 2 of his Act5. Advice the government and an national policies and

regulation of matters pertaining to higher educationon generally and to implement any national policiesrelating to the provision of higher education bypersons regulated under this Act


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Duties of the Council contd..

6. Perform and discharge such other dutiesand functions as may be conferred upon theCouncil by or under this Act or by any otherwritten Law

Audit of Accounts No 16 of University


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Audit of Accounts No.16 of University Act:

The Commission shall have its accounts auditedeach year by the Auditor General.

Auditor General shall examine the accounts of theCommission and furnish a report

Auditor General shall transmit his report to the UGC Statement of accounts, will be tabled at the

Parliament by the Minister

Audit of Accounts No 16 of


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Audit of Accounts No.16 of University Act in 1978:

Provisions of the article 154 of the Constitutionrelating to the Audit of the accounts of the publiccorporations shall apply to the audit of the accountsof the council.

The provisions of Part II of the Finance Act, No 38of 1971, shall mutatis mutandis, shall apply to and in

respect of the financial control of the Council.

General Comments


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General Comments1' fuu.ska rdcH Yaj d, fldgia jYfhka

fm!oa.,slrKh lsrSu idOdrKSlrKh flf2' National universities are in danger because of lack

of funds allocated from the government (well belowthe 6% GDP standard imposed by the UNESCO)

3'

With the aim and objectives of the Quality


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With the aim and objectives of the Quality Assurance and Accreditation Board,1 . Demand driven courses ( Engineering, Medicine,

Accounts ) are in danger because of there is

tendency to recruit such academics from thenational university system to Non-state universities.

2. Other courses in real danger because the Board hasall the power to recommend the minister to stopteaching these courses. (history, archaeology, etc.)

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