Sri Lanka 1978 Constitution (reviewed 2015)

APPENDIX III. Education

1. Provision of facilities for all State Schools other than specified schools (Specified Schools will be National Schools, Special Schools for Service Personnel and schools for specified development schemes).
2. Supervision of the management of –
   1. all pre-schools; and
   2. all State schools other than specified schools indicated above.

   (In order to ensure standards the Ministry of Education will retain the right to inspect and supervise the management of schools).

3. The transfer and disciplinary control of all educational personnel, i. e. Teachers, Principals and Education Officers, Officers belonging to a National Service but serving the Provincial Authority on secondment will have the right of appeal to the Public Service Commission. Officers belonging to the Provincial Public Service will have a right to appeal to the Public Service Commission against dismissal.
4. Recruitment into the Teaching Service of those with diplomas and degrees, from Colleges of Education and Universities, recognised as teaching qualifications.
5. Until adequate numbers of these categories are available recruitment into the Teaching Service will be on the results of recruitment examinations conducted by the Public Service Commission. On the results of these examinations interviews and selection will be conducted together with the Provincial Authorities.
6. Appointment of Principals of all schools other than those in 1A, B, C categories. (Criteria will be laid down by the Minister of Education).
7. Appointment of Principals of 1A, B, C schools will be by the Secretary to the Ministry of the Minister in charge of the subject of Education of the Public Service Commission.
8. Training of teachers and other educational personnel will come within the purview of the National Institute of Education. Provincial Authorities will indicate their needs to the National Institute of Education.
9. Appointment of Provincial Boards of Education which will have the advisory functions, will be the responsibility of the Minister of Education. However, this will be done with the concurrence of the Chief Minister of the Provincial Authority.
10. Provincial Authorities will establish School Boards conforming to the specifications laid down by the Ministry of Education.
11. Provincial Authorities will supervise the working of School Boards.
12. Preparation of plans (educational development plan and annual implementation plan) will be the responsibility of the Provincial Authority.
13. Implementation of the Annual Education Development Plan.
14. Appraisal of the performance of Principals, Teachers and Education Officers.
15. Conducting of in-service training programmes for which prior approval of the National Institute of Education has been obtained.
16. Conducting of local examinations approved by the Commissioner-General of Examinations.
17. Implementation of non-formal education programmes.
18. Registration and supervision of pre-schools.
19. Obtaining the approval of the National Institute of Education for local variations in the primary curriculum and selected subjects in the secondary curriculum.
20. Construction and maintenance of educational buildings, libraries and playgrounds.
21. Procuring and distribution of teaching aids, visual aids and audio visual materials, furniture and other equipment.
22. Procuring and distribution of science equipment other than certain specified items indicated by the Ministry.
23. Production and distribution of school textbooks after approval by the Ministry.
24. Organization and development of school libraries in accordance with guidelines given by the National Library Services Board.

LIST II. Reserved List

National Policy on all Subjects and Functions

Defence and National Security: Internal Security; Law and order and prevention and detection of crime except do the extent specified in item 1 of List I.

This would include –

1. Defence of Sri Lanka and every part thereof including preparation for defence and all such acts as may be conducive in times of war to its prosecution and after its termination, to effective demobilisation;
2. Naval, military and air forces; any other armed forces of the Government of Sri Lanka;
3. Deployment of any armed force of the Government of Sri Lanka or any other force subject to the control of the Government of Sri Lanka or any contingent or unit thereof in any Province in aid of the civil power; powers, jurisdiction, privileges and liabilities of the members of such forces while on such deployment;
4. Delimitation of cantonment areas, local self-government in such areas, the constitution and powers within such areas of cantonment authorities and the regulation of house accommodation (including the control of rents) in such areas;
5. Naval, military and air force works;
6. Arms, firearms, ammunition and explosives;
7. Atomic energy and mineral resources necessary for its production;
8. Industries declared by Parliament by law to be necessary for the purpose of defence or for the prosecution of war;
9. Criminal Investigation Department;
10. Preventive detention for reasons connected with Defence, Foreign Affairs, or the security of Sri Lanka, persons subjected to such detention; and
11. Extension of the powers and jurisdiction of members of a police force belonging to any Province to any area outside that Province, but not so as to enable the police of one Province to exercise powers and jurisdiction in any area outside that Province without the consent of the Provincial Council in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any Province to railway areas outside that Province.

Foreign Affairs

This would include –

1. Foreign Affairs; all matters which bring the Government of Sri Lanka into relation with any foreign country;
2. Diplomatic, consular and trade representation;
3. United Nations Organization;
4. Participation in international conferences, associations and other bodies and implementing of decisions made thereat;
5. Entering into treaties and agreements with foreign countries and implementing treaties, agreements and conventions with foreign countries;
6. War and peace; and
7. Foreign jurisdiction.

Posts and Telecommunications; Broadcasting; Television

This would include –

1. Posts and telegraphs; telephones; wireless, broadcasting and other like forms of communications; and
2. Sanctioning of cinematograph films for exhibition.

Justice in so far as it relates to the judiciary and the courts structure.

This would include –

1. Constitution, organisation, jurisdiction and powers of the Supreme Court including contempt of such Court) and the fees taken therein; persons entitled to practise before the Supreme Court, Court of Appeal and other Courts;
2. Constitution, organisation, jurisdiction and powers of the Court of Appeal and the fees taken therein; and
3. Jurisdiction and powers of all Courts, except the Supreme Court and the Court of Appeal.

Finance in relation to national revenue, monetary policy and external resources; customs.

This would include –

1. Public debt of the Government of Sri Lanka;
2. Currency, coinage and legal tender; foreign exchange;
3. Foreign loans;
4. Central Bank;
5. National Savings Bank;
6. Lotteries organised by the Government of Sri Lanka or a Provincial Council;
7. Banking;
8. Bills of exchange, cheques, promissory notes and other like instruments;
9. Insurance;
10. Stock exchanges and future markets;
11. Audit of the accounts of the Government of Sri Lanka and of the Provinces;
12. Taxes on income, capital and wealth of individuals, companies and corporations;
13. Customs duties, including import and export duties and excise duties;
14. Turnover taxes and stamp duties, except to the extent specified in List I;
15. Any other tax or fee not specified in List I.

Foreign Trade; Inter-Province Trade and Commerce

This would include –

1. Trade and commerce with foreign countries; import and export across customs frontiers; definition of customs frontiers; and
2. Inter-province trade and commerce.

Ports and Harbours

This would include –

1. Ports declared by or under law made by Parliament or existing law to be major ports including their delimitation and the constitution and powers of port authorities therein; and
2. Port quarantine, including hospitals connected therewith; seamen’s and marine hospitals.

Aviation and Airports

This would include –

Airways; aircraft and air navigation; provision of aerodromes; regulation and organisation of air traffic and of aerodromes; provision for aeronautical education and training and regulation of such education and training provided by Provinces and other agencies.

National Transport

This would include –

1. Railways;
2. Highways declared by or under law made by Parliament to be national highways; and
3. Carriage of passengers and goods by railway, land, sea or air or by national waterways in mechanically propelled vessels.

Rivers and Waterways; Shipping and Navigation; Maritime zones including Historical Waters, Territorial Waters, exclusive Economic zone and Continental Shelf and Internal Waters; State Lands and Foreshore, except to the extent specified in Item 18 of List I.

This would include –

1. Piracies and crimes committed on the high seas or in the air; offences against the law of nations committed on land or the high seas or in the air;
2. Shipping and navigation on inland waterways, declared by Parliament by law to be national waterways, as regards mechanically propelled vessels; the rule of the road on such waterways;
3. Maritime shipping and navigation, including shipping and navigation on tidal waters; provision of education and training for the mercantile marine and regulation of such education and training provided by Provinces and other agencies;
4. Lighthouses, including lightships, beacons and other provision for the safety of shipping and aircraft;
5. Regulation and development of inter province rivers; and river valleys to the extent to which such regulation and development under the control of the Government of Sri Lanka is declared by Parliament by law to be expedient in the public interest;
6. Fishing and fisheries beyond territorial waters; and
7. Property of the Government of Sri Lanka and the revenue therefrom, but as regards property situated in a Province, subject to statutes made by the Province save in so far as Parliament by law otherwise provides.

Minerals and Mines

This would include –

1. Regulation and development of oil fields and mineral oil resources; petroleum and petroleum products; other liquids and substances declared by Parliament by law to be dangerously inflammable; and
2. Regulation of mines and mineral development to the extent to which such regulation and development under the control of the Government of Sri Lanka is declared by Parliament by law to be expedient in the public interest.

Immigration and Emigration and Citizenship

This would include –

1. Citizenship, Naturalization and Aliens;
2. Extradition; and
3. Admission into and emigration and expulsion from, Sri Lanka; passports and visas.

Elections Including Presidential, Parliamentary, Provincial Councils and Local Authorities

This would include –

Elections to Parliament, Provincial Councils, Local Authorities and to the Office of President; the Department of Elections.

Census and Statistics

This would include –

1. Census; and
2. Inquiries, surveys and statistics for the purposes of any of the matters in this List.

Professional Occupations and Training

This would include –

1. Institutions, such as Universities, declared by Parliament by law to be institutions of national importance;
2. Institutions for scientific or technical education by the Government of Sri Lanka wholly or in part and declared by Parliament by law to be institutions of national importance;
3. Provincial agencies and institutions for –
   1. professional, vocational or technical training, including the training of police officers; or
   2. the promotion of special studies or research; or
   3. scientific or technical assistance in the investigation or detection of crime; and
4. Co-ordination and determination of standards in institutions for higher education or research and scientific and technical institutions.

National Archives; Archaeological Activities and Sites and Antiquities declared by or under any law made by Parliament to be of National Importance.

This would include –

Ancient and historical monuments and records and archaeological sites and remains declared by or under law made by Parliament to be of national importance.

All Subjects and Functions not Specified in List I or List III including –

1. Pilgrimages to places outside Sri Lanka;
2. Incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including co-operative societies;
3. Incorporation, regulation and winding up of corporations, whether trading or not, with objects not confined to one Province, but not including Universities;
4. Patents, inventions and designs; copyright, trade marks and merchandise marks;
5. Establishment of standards of weight and measure;
6. Establishment of standards of quality for goods to be exported out of Sri Lanka or transported from one Province to another;
7. Industries, the control of which by the Government of Sri Lanka is declared by Parliament by law to be expedient in the public interest;
8. Regulation of labour and safety in mines;
9. Manufacture, supply and distribution of salt by agencies of the Government of Sri Lanka; regulation and control of manufacture, supply and distribution of salt by other agencies;
10. Cultivation, manufacture and sale for export, of opium;
11. Industrial disputes concerning employees of the Government of Sri Lanka;
12. Institutions such as Museums and War Memorials financed by the Government of Sri Lanka wholly or in part and declared by Parliament by law to be institutions of national importance;
13. The Survey of Sri Lanka, the Geological, Botanical, Zoological and Anthropological Surveys of Sri Lanka; Meteorological organizations;
14. National Public Services; National Public Service Commission;
15. Pensions, that is to say, pensions payable by the Government of Sri Lanka or out of the Consolidated Fund;
16. Salaries and allowances of Members of Parliament and the Speaker and Deputy Speaker of Parliament;
17. Powers, privileges and immunities of Parliament and of the Members and the Committees of Parliament; enforcement of attendance of persons for giving evidence or producing documents before Committees of Parliament or Commissions appointed by Parliament;
18. Emoluments, allowances, privileges and rights in respect of leave of absence, of the President and Governors; salaries and allowances of the Ministers of the Government of Sri Lanka; the salaries, allowances and rights in respect of leave of absence and other conditions of service of the Auditor-General;
19. Inter-Province migration; inter-province quarantine;
20. Offences against laws with respect to any of the matters in this List; and
21. Fees in respect of any of the matters in this List, but not including fees taken in any Court.

LIST III. Concurrent List

1. 1. Planning-
      1. Formulation and appraisal of plan implementation strategies at the provincial level;
      2. Progress control;
      3. Monitoring progress of public and private sector investment programmes;
      4. The evaluation of the performance of institutions and enterprises engaged in economic activities;
      5. The presentation of relevant data in the achievement of plan targets ;
      6. The dissemination of information concerning achievement of plan targets;
      7. Publicity of implementation programmes;
      8. Manpower planning and employment Data Bank;
      9. Nutritional planning and programmes.

2 and 3

Education and Educational Services. – Education, except to the extent specified in items 3 and 4 of List I.

1. Higher Education-
   1. The establishment and maintenance of new Universities.
   2. The establishment of degree awarding institutions under the Universities (Amendment) Act, No. 7 of 1985, and other institutions for tertiary, technical and post-school education and training.
2. National Housing and Construction. -The promotion of integrated planning and implementation of economic, social and physical development of urban development areas.
3. Acquisition and requisitioning of Property.
4. Social Services and Rehabilitation-
   1. Relief, rehabilitation and resettlement of displaced persons;
   2. Relief of distress due to floods, droughts, epidemics or other exceptional causes and rehabilitation and resettlement of those affected;
   3. Restoration, reconstruction and rehabilitation of towns, villages, public institutions and properties, industries, business places, places of worship and other properties destroyed or damaged, grant of compensation or relief to persons of institutions who have sustained loss or damage and the reorganization of civil life.
5. Agricultural and Agrarian Services –
   1. Establishment and promotion of agro-linked industries, the establishment and maintenance of farms and supervision of private nurseries;
   2. Soil conservation;
   3. Plant pests.
6. Health-
   1. Schools for training of Auxiliary Medical Personnel;
   2. The supervision of private medical care, control of nursing homes and of diagnostic facilities within a Province;
   3. Population control and family planning;
   4. Constitution of Provincial Medical Boards.
7. Registration of births, marriages and deaths.
8. Renaming of Towns and Villages.
9. Private lotteries within the Province.
10. Festivals and Exhibitions.
11. Rationing of food and maintenance of food stocks.
12. Co-operatives, – Co-operative Banks.
13. Surveys – For the purpose of any of the matters enumerated in the Provincial or Concurrent List.
14. Irrigation-
    1. Water storage and management, drainage and embankments, flood protection, planning of water resources;
    2. Services provided for inter-provincial land and irrigation schemes, such as those relating to rural development, health, education, vocational training, co-operatives and other facilities.
15. Social Forestry and protection of wild animals and birds.
16. Fisheries. – Other than fishing beyond territorial waters.
17. Animal Husbandry-
    1. Production, processing, distribution and sale of livestock and livestock products;
    2. Veterinary training services and research, inclusive of the provision of science laboratories and science equipment;
    3. Animal breeding, care and health,
    4. The establishment of pastures.
18. Employment-
    1. Employment planning at Provincial level;
    2. Special Employment programmes relating to the Province;
    3. Promotion of youth employment activities relating to the Province;
    4. Technical Manpower Development Programmes in relation to the Province.
19. Tourism. – Development and control of the Tourist Industry in the Province.
20. Trade and commerce in, and the production, supply and distribution of –
    1. the products of any industry where the control of such industry by the Government is declared by Parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; and
    2. foodstuffs and cattle fodder.
21. Newspapers, books and periodicals and printing presses.
22. Offences against statutes with respect to any matters specified in this List.
23. Fees in respect of any of the matters in this List, excluding fees taken in any Court.
24. Charities and charitable institutions, charitable and religious endowments and religious institutions.
25. Price control.
26. Inquiries and statistics for the purpose of any of the matters in this List or in the Provincial Council List.
27. Adulteration of foodstuffs and other goods.
28. Drugs and Poisons.
29. Extension of electrification within the Province and the promotion and regulation of the use of electricity within the Province.
30. Protection of the environment.
31. Archaeological sites and remains, other than those declared by or under any law made by Parliament to be of national importance.
32. Prevention of the extension from one Province to another of infectious or contagious diseases or pests affecting human beings, animals or plants.
33. Pilgrimages.