UNESCO Scholarship Fund Act, No. 44 of 1999
Commenced on December 3, 1999, this Act established a state-backed scholarship fund under the UNESCO framework to provide educational advancement for disabled and displaced children in Sri Lanka. It creates the UNESCO Scholarship Fund as a body corporate and vests its management in a Board composed entirely of senior government officials. The Act comprises 17 sections.
Official text: LawNet (Act No. 44 of 1999).
Act Structure
The Act's 17 sections can be grouped into five functional areas:
| Area | Sections | Key Provisions |
|---|---|---|
| Establishment | 1-2 | Fund as body corporate with perpetual succession, government grants |
| Administration | 3-6 | Board of Management (chaired by Secretary to MoE), powers, bank accounts, vesting of existing Treasury monies |
| Operations | 7-8 | Chief Administrative Officer (UNESCO Sec-Gen), objects: scholarships + book publishing |
| Audit & Tax | 9-12 | Constitutional audit (Art. 154), annual report to Parliament, customs exemptions, staff transfers |
| General | 13-17 | Internal rules, public servant classification, Bribery Act scheduling, interpretation |
Statutory Bodies
The Act establishes three institutional structures — a corporate fund, a management board, and a chief executive role.
Key Provisions
The Fund as Body Corporate (Section 2)
The UNESCO Scholarship Fund is established as a body corporate with:
- Perpetual succession and a common seal
- Capacity to sue and be sued
- Authority to receive government grants
Board of Management (Section 3)
The Board is composed entirely of ex-officio government officials — no elected or nominated members:
| Role | Position |
|---|---|
| Chairman | Secretary to the Ministry of Education |
| Member | Secretary-General, SL National Commission for UNESCO |
| Member | Chief Accountant, Ministry of Education |
| Member | Director, Department of Child Care & Probation |
| Member | Director, Department of Social Services |
| Secretary | Deputy Secretary-General, SL National Commission for UNESCO |
Quorum: Four members.
Unlike many statutory boards that include private sector or civil society representatives, this Board is composed entirely of senior government officials. This reflects the Fund's nature as an administrative mechanism rather than a regulatory body.
Objects of the Fund (Section 8)
The Fund's money must be applied for two specific purposes:
| Object | Description |
|---|---|
| (a) Scholarships | Awarding scholarships to disabled and displaced children |
| (b) Publishing | Meeting the expenses of publishing educational books for sale |
- "Disabled child": A child of school-going age who is physically or mentally handicapped
- "Displaced child": A child of school-going age whose parents have abandoned them, have died, or have no financial means to educate them
Vesting of Existing Monies (Section 5)
At commencement, all monies from the old Treasury Account No. 6,000-0-0-6-65 (UNESCO Fund) were legally transferred into the new statutory Fund — ensuring continuity of existing resources.
Bank Accounts (Section 6)
The Board must maintain a specific account called "The UNESCO Scholarship Fund Account" at a licensed commercial bank. The following must be deposited:
- Government grants
- Investment returns
- Proceeds from educational book sales
- Gifts and donations
Customs Exemptions (Section 11)
The Minister of Education, with the Finance Minister's concurrence, may exempt the Fund from customs duties on imported goods if they advance the Fund's objects — a significant financial advantage for educational material procurement.
Audit & Parliamentary Reporting (Section 9)
- Proper books of accounts must be maintained
- Accounts are subject to constitutional audit under Article 154 (Auditor General)
- An annual report must be prepared, submitted to the Minister, and placed before Parliament
Legal Protections (Sections 14-15)
- Public servants (Section 14): All officers of the Fund are classified as public servants under the Penal Code
- Bribery Act (Section 15): The Fund is a Scheduled Institution under the Bribery Act
Amendment History
The Act has never been amended since its enactment in 1999 — over 25 years of legislative stability. As an administrative shell establishing a financial board and fund, it does not contain the type of complex regulatory language that typically requires frequent parliamentary amendment.
Amendment Timeline
Cross-References
Bribery Act
The UNESCO Scholarship Fund is classified as a Scheduled Institution under the Bribery Act (Section 15), subjecting Board members and staff to anti-corruption provisions.
Penal Code
All officers of the Fund are classified as "public servants" under the Penal Code (Section 14).
Constitution — Article 154
The Fund's accounts are subject to audit by the Auditor General under Article 154 of the Constitution (Section 9).
Sri Lanka National Commission for UNESCO
The Commission provides both the Chief Administrative Officer (Secretary-General) and the Board Secretary (Deputy Secretary-General), making it the operational backbone of the Fund alongside the Ministry of Education.
Entity Relationships & Governance
Governance Hierarchy (1952 Design)
Current Replacement Structure (Post-1989)
Data Confidence
Research Gaps
The following areas require further investigation:
- Fund balance: Current financial status of the UNESCO Scholarship Fund
- Scholarship statistics: Number of scholarships awarded since 1999, breakdown by disabled vs. displaced children
- Publications: List of educational books published and sold under Section 8(b)
- Annual reports: Availability of annual reports submitted to Parliament under Section 9
- Customs exemptions: Whether Section 11 customs exemptions have been exercised and for what imports
- Board meeting records: Frequency and content of Board meetings
- Internal rules: Rules created by the Board under Section 13
- Staff: Whether public officers have been transferred to the Fund under Section 12
- Operational effectiveness: Whether any government or academic studies have assessed the Fund's impact on disabled and displaced children's educational outcomes
- Initial Treasury transfer: The quantum of funds transferred from Account No. 6,000-0-0-6-65 at commencement