Education Ordinance, No. 31 of 1939
The Education Ordinance is arguably the foundational piece of educational legislation in Sri Lanka. Drafted during the British colonial period and commenced on September 1, 1939, its primary purpose was to fundamentally revise, consolidate, and establish a firm legal framework for education across the island. Despite four amendments over 34 years and the 1987 Provincial Council devolution, it remains the principal basic law governing education structures, administrative powers, and school organisation. The Ordinance comprises 63 sections across 7 parts.
Principal Ordinance: srilankalaw.lk (No. 31 of 1939).
Ordinance Structure
The Ordinance's 63 sections are organised into seven parts:
| Part | Sections | Key Provisions |
|---|---|---|
| I — Central Authority | 2-4 | Department of Education, Director-General, powers & duties, grant reductions |
| II — Advisory Bodies | 5-18 | Central Advisory Council, Local Advisory Committees, School Examinations Advisory Council, Educational Research Council |
| III — Urban & Rural Education Authorities | 19-33 | Local education schemes, rate-levying, committees, borrowing powers, land acquisition, auditing |
| IV — Religion in Schools | 34-36 | No admission bar on religion, religious instruction guidelines, managers of assisted/private schools |
| V — Regulations | 37-38 | Minister's sweeping regulation-making power, definition of adequate education |
| VI — Estate Schools | 39-46 | Plantation school mandates, compulsory attendance, inspector access rights |
| VII — General | 47-63 | Free education, school registration, inspection, discontinuance, legal proceedings, land acquisition, interpretations |
Statutory Bodies
The Ordinance establishes one government department and four advisory bodies — an unusually rich governance structure for a single piece of legislation.
Key Provisions
Department of Education — Sections 2-2A
The Department is headed by the Director-General of Education (originally titled "Director of Education" until the 1973 redesignation). Section 2A (added 1973) authorised the creation of Deputy Directors-General and Regional Directors, enabling delegation of the Director-General's powers across the island.
While the Department remains legally established under this Ordinance, the 13th Amendment to the Constitution (1987) devolved significant day-to-day educational administrative powers to Provincial Councils, fundamentally altering the operational framework.
Advisory Bodies — Part II (Sections 5-18)
| Body | Sections | Role |
|---|---|---|
| Central Advisory Council | 5-8 | National-level educational policy advice |
| Local Advisory Committees | 9-12 | Localized advisory functions, with appointed Chairmen |
| School Examinations Advisory Council | 13-15 | Advisory on school examinations policy |
| Educational Research Council | 16-18 | Dedicated educational research advisory |
The 1947 amendment formalized the School Examinations Advisory Council and Educational Research Council. Their current operational status is unclear — the School Examinations Advisory Council may overlap with the advisory committees established under the Public Examinations Act (1968).
Urban & Rural Education Authorities — Part III (Sections 19-33)
Part III devolves significant administrative power to local education authorities:
| Provision | Sections | Details |
|---|---|---|
| Scope | 19-21 | Application to urban and village areas; power to levy additional rates |
| Local Schemes | 22-24 | Mandatory "Local Education Schemes" to control local education funds |
| Committees | 25-27 | Composition of local committees, sub-committees, exceptional facilities |
| Finance | 28-29 | Borrowing powers; land/building acquisition for schools |
| Audit | 30-32 | Strict local auditing; officers classified as public servants |
Religion in Schools — Part IV (Sections 34-36)
- No admission bar (Section 34): Religion shall not be a bar for admission to any educational institution — a crucial early civil rights provision
- Religious instruction (Section 35): Guidelines for conducting religious instruction in schools
- Managers (Section 36): Roles and authority of managers of assisted/private schools
Regulation-Making Power — Section 37
Section 37 is the most frequently utilised section of the Ordinance. It grants the Minister of Education sweeping executive power to make regulations to carry out the principles and provisions of the Ordinance. Most day-to-day school policies today are enacted as Regulations under this section.
Estate Schools — Part VI (Sections 39-46)
Specifically drafted for children on remote agricultural estates (plantations):
| Provision | Sections | Details |
|---|---|---|
| Mandatory premises | 39-40 | Specific premises must be set apart on estates for schools |
| Government schools | 41-42 | Establishment/maintenance on estate premises; no unauthorized use |
| Compulsory attendance | 43-46 | Parents must cause children to attend; inspector access rights; offences defined |
Free Education — Section 47
Section 47 is the statutory anchor for Sri Lanka's free education policy, transformed by the landmark 1947 amendment:
| Year | Status |
|---|---|
| 1939 | Initial fee provisions for Government and assisted schools |
| 1947 | Free education from kindergarten to university — landmark policy shift |
| 1958 | + Regulated fees for extracurricular activities (games, PT, health services) |
Inspection & Discontinuance (Sections 48-54)
- New schools (Section 48): Anyone opening a new school must report to the Director-General
- Unaided schools (Section 49): Notification of particulars required
- Inspection (Sections 50-51): State power to inspect unaided schools
- Discontinuance (Section 52): Power to forcefully close unsatisfactory unaided schools
- Appeal (Section 53): Appeal tribunal for discontinuance orders
- Non-compliance (Section 54): Criminal offence for non-compliance
Amendment History
The Ordinance has been amended four times over 34 years. The most historically significant amendments occurred between 1945 and 1973.
Education (Amendment) Ordinance, No. 26 of 1947
Type: Free Education / Advisory Bodies | Impact: High
Arguably the most significant amendment in Sri Lankan educational history. Introduced the Free Education Policy — legally establishing free education from kindergarten to university. Also formalized the School Examinations Advisory Council and Educational Research Council within Part II.
Education (Amendment) Act, No. 5 of 1951
Type: Administrative Refinement | Impact: Medium
Refined the Minister's regulation-making powers under Section 37 and adjusted the functioning, composition, and administrative oversight of advisory bodies.
Education (Amendment) Act, No. 37 of 1958
Type: Financial / Fees | Impact: Medium
Introduced provisions allowing government and assisted schools to charge regulated fees for extracurricular purposes (games, physical training, health services) while preserving the core free education mandate for actual tuition.
Education (Change of Designations) Law, No. 35 of 1973
Type: Administrative Restructuring | Impact: Medium
Modernized the executive hierarchy: renamed "Director of Education" to "Director-General of Education" and inserted Section 2A creating Deputy Directors-General and Regional Directors.
Amendment Timeline
Cross-References
Assisted Schools & Training Colleges Act (1960)
The 1960 Act built upon the Education Ordinance's framework for "assisted" (denominational) schools, empowering the state to take over their management.
Public Examinations Act (1968)
The examination functions originally under the Ordinance's School Examinations Advisory Council (Sections 13-15) evolved into the more comprehensive framework of the Public Examinations Act, which established the Commissioner of Examinations.
13th Amendment to the Constitution (1987)
While not a direct amendment, the 13th Amendment devolved significant educational administrative powers to Provincial Councils, fundamentally altering how the Ordinance's centralised framework operates in practice.
Entity Relationships & Governance
Governance Hierarchy (1952 Design)
Current Replacement Structure (Post-1989)
Data Confidence
Research Gaps
The following areas require further investigation:
- Amendment source texts: Full text of all four amendments — particularly the landmark 1947 Free Education amendment
- Central Advisory Council: Whether it still meets after 1987 Provincial Council devolution
- School Examinations Advisory Council: Overlap with advisory committees under the Public Examinations Act (1968)
- Educational Research Council: Whether it still operates or has been superseded by the National Institute of Education (NIE)
- Local Advisory Committees: Status post-devolution
- Estate Schools (Part VI): Current operational status — many plantations have changed ownership/structure since 1939
- Section 37 Regulations: Comprehensive catalog of all regulations made under this section
- Provincial Council relationship: How the centralized Ordinance framework interacts with devolved Provincial education departments
- Urban/Rural Education Authorities: Whether Part III local authorities are still functional