Here is the response of the FUTA president to the UGC circular No. 956 issued on the 3rd May 2011.
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As you may already be aware, the University Grants Commission has issued a
circular (Commission Circular No. 956) on 03rd May 2011, regarding the
position of the Head of the Department in Universities. It is clear that
this circular has been issued following FUTA trade union action to vacate
voluntary administrative positions. As this, at least, seems to be a threat
to those who take part in the FUTA trade union action, as the president of
the FUTA, I would like to draw your attention to following facts.
· Since these conditions are not attached to the appointment of
Heads of Departments, my view is that there is no obligation for those who
are currenly holding the Heads of Department positions to follow the the
instructions such as giving three-month notice prior to the resignation,
included in the newly issued circular (Please see the relevant section of
the University Act quoted below).
· This is part of a trade Union action and not a personal decision.
In addition, this trade union action has also been communicated to the
Minister of Higher Education a few weeks ago. I further reiterate the FUTA
decision taken at the last executive committee meeting that any member of a
sister union of FUTA should not accept to be appointed for any post vacated
by their coleagues in support of this trade union action.
· This is nothing but a shameless attempt to undermine our
collective action to win our legitimate rights and I, therefore, urge all
members not to be misguided by this newly issued circular.
The Following is the relevant section of the University Act:
51. (1) The Head of a Department of Study shall be a Professor, Associate
Professor, Senior Lecturer or Lecturer appointed by the Council upon the
recommendation of the Vice-Chancellor:
Provided that, where the Head of a Department of Study has not been
appointed by the Council, the Vice-Chancellor may appoint a Professor,
Associate Professor, Senior Lecturer or Lecturer to act in the post of Head
of Department for a period not exceeding one month reckoned from the date of
his appointment.
*The Head of a Department of Study. *
*[S 51(1), 7 of 1985] *
(2) The Head of a Department shall, subject to the provisions of any
appropriate Instrument, hold office for a period of three years reckoned
from the date of his appointment and shall, unless removed from office, be
eligible for reappointment.
(3) Where owing to leave of absence, illness, or other cause, the Head of a
Department is temporarily unable to perform the duties of his office for a
period not exceeding three months, the Vice-Chancellor shall appoint another
Professor, Associate Professor, Senior Lecturer or Lecturer of that
Department to act in the post of Head of Department for such period. *Where
however a Head of a Department retires or resigns, or is for other reason
unable to perform the duties of his office for a period exceeding three
months, the post of Head of Department shall be deemed to be vacant, and a
new Head of Department shall be appointed in accordance with subsection *
(1).
Sincerely
Dr. Nirmal Ranjith Dewasiri
President/ FUTA
