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Public Examinations Act, No. 25 of 1968

Certified on June 16, 1968, this Act is the principal legislation for the conduct of public examinations in Sri Lanka. It established the legal framework for the Department of Examinations and the Commissioner of Examinations (now Commissioner-General), defined examination offences, and prescribed punishments. The Act covers General Education Examinations (O/L, A/L), Technical Education Examinations, and any other Government or Government-sponsored examinations.

Sources

Revised statutes: srilankalaw.lk (partial — sections behind paywall). Amendment: No. 15 of 1976 (reference). Department website: doenets.lk.

Act Structure

The Act can be grouped into four functional areas:

AreaSectionsKey Provisions
Administration2, 3, 20, 21, 22Commissioner's powers, delegation, Advisory Committees, Oath of Secrecy, regulations
Examination Scope2General Education, Technical Education, Government & Government-sponsored examinations
Offences5, 6, 7, 12Impersonation, secret documents, divulging information, general dishonesty
Penalties17Fines and imprisonment for examination offences

Statutory Bodies

The Act establishes three bodies — one operational department and two advisory committees — with provision for the Minister to constitute additional advisory committees for specific examinations.

3 Legally Active0 Obsolete
Schools Examinations Advisory CommitteeLegally ActiveSection 3
Organisation/statutory-body
Technical Examinations Advisory CommitteeLegally ActiveSection 3
Organisation/statutory-body
Department of ExaminationsLegally ActiveSection 2
Organisation/government-department
Regulation-Defined Composition

Unlike many Sri Lankan acts that specify committee composition directly, the Public Examinations Act delegates this to ministerial regulations under Section 22(2)(e), which prescribes the "constitution, powers, duties and functions" of the advisory committees. The Education Ordinance's parallel School Examinations Advisory Council (Commissioner as non-voting Chairman, prescribed members appointed by Minister) provides useful precedent for the likely structure.

Key Provisions

Secret Documents (Section 6)

Every question paper is legally classified as a "Secret Document" from the moment it is set until 30 minutes after the examination begins. Divulging the contents of a secret document is a severe criminal offence.

caution

This is one of the strictest information security provisions in Sri Lankan legislation — treating examination papers with the same legal gravity as classified government documents.

Impersonation (Section 5)

Specifically criminalises:

  • Sitting for an examination on behalf of another person
  • Entering another candidate's index number on an answer script
  • Any form of identity fraud in the examination process

Powers of the Commissioner (Section 20)

The Commissioner-General holds "absolute discretion" to:

  • Impose rules and restrictions on candidates
  • Exercise disciplinary control over examiners and invigilators
  • Cancel or impound certificates if rules are violated
  • Debar a candidate for life from sitting any public examination for significant malpractice

Oath of Secrecy (Section 21)

All staff involved in examination processes — from paper setters to invigilators — are required to take a formal Oath of Secrecy.

Other Offences

SectionOffenceScope
7Divulging information or making fraudulent alterations to mark registersStaff and external actors
12General dishonesty at examinations (cheating, crib notes, etc.)Candidates
17Punishments — fines and imprisonmentAll offences under the Act

Amendment History

The Act has been amended only once in nearly 60 years — a remarkable record of legislative stability.

Amendment No. 15 of 1976

Type: Administrative / Decentralisation

Amended Section 2 to extend the Commissioner's delegation powers beyond Departmental staff to include Regional Directors of Education and Chief Education Officers. This enabled decentralised management of examination centres across the island, reflecting the growing scale of public examinations (O/L and A/L candidate numbers were increasing rapidly in the 1970s).

Amendment Timeline

1968
Public Examinations Act enacted
Act No. 25 of 1968 certified on June 16, 1968. Established the legal framework for the conduct of public examinations and prescribed punishments for examination offences. Commissioner of Examinations designated as administrative head.
1976
Amendment No. 15 of 1976
Medium Impact
Decentralised examination administration by extending delegation powers to Regional Directors of Education and Chief Education Officers.

Cross-References

Penal Code

Certain offences under the Public Examinations Act are also triable under the Penal Code, particularly those relating to:

  • Forgery of examination certificates or documents
  • Criminal breach of trust by examination officials
  • Cheating and impersonation

National Audit Act, No. 19 of 2018

The Department of Examinations falls under the financial and performance audit requirements of this Act, introducing enhanced accountability for examination administration.

Entity Relationships & Governance

Governance Hierarchy (1952 Design)

Level 1: Commissioner-General of ExaminationsActiveNational
Administrative head of the Department of Examinations; absolute discretion over examination conduct (Section 20)
Level 2: Deputy / Assistant Commissioners & SuperintendentsActiveNational
Delegated powers from Commissioner under Section 2
Level 3: Regional Directors of Education / Chief Education OfficersActiveRegional/District
Delegated powers from Commissioner under Section 2 (added by 1976 Amendment)
Level 4: Schools Examinations Advisory CommitteeActiveNational
Advisory body for General Education Examinations — consulted on syllabuses (Section 3)
Level 4: Technical Examinations Advisory CommitteeActiveNational
Advisory body for Technical Education Examinations — consulted on syllabuses (Section 3)

Current Replacement Structure (Post-1989)

Level 1: NationalNational
Department of Examinations (non-ministerial department, Pelawatta, Battaramulla)
Level 2: ProvincialProvincial
Level 3: RegionalRegional
Delegated to Regional Directors of Education and Chief Education Officers for examination centre management
Level 4: LocalLocal

Data Confidence

Legislative Framework
high
Historical Details
medium
Current Operational Status
medium

Research Gaps

The following areas require further investigation:

  • Full text access: Several key sections (5, 6, 7, 12, 17, 20, 21) are behind a paywall on srilankalaw.lk — full section-by-section analysis pending
  • Section 22 Regulations: The ministerial regulations under Section 22(2)(e) that define the "constitution, powers, duties and functions" of the advisory committees have not been located — these would reveal exact committee composition, meeting rules, and quorum requirements
  • Advisory Committees operational status: Whether the Schools Examinations Advisory Committee and Technical Examinations Advisory Committee are currently convened and active is unverified
  • Advisory Committee membership: Current members appointed by the Minister are unknown
  • Additional advisory committees: Whether the Minister has constituted any additional advisory committees for specific examinations under Section 3 is unknown
  • 1976 Amendment full text: Only a reference entry found — detailed section-by-section changes not confirmed
  • Additional amendments: Whether there are any other amendments between 1976 and present not yet identified
  • Commissioner-General title change: When and by what instrument the title changed from "Commissioner of Examinations" to "Commissioner-General of Examinations"
  • Enforcement statistics: Number of prosecutions, debars, and certificate cancellations under the Act
  • Digital examinations: Whether the Act's provisions (particularly on "secret documents") have been updated or interpreted to cover computer-based examinations