BHIKKU UNIVERSITY OF SRI LANKA ACT

Arrangement of Sections

1. Short title.

PART I

THE BUDDHASRAVAKA BHIKKU UNIVERSITY

2. Establishment of the Buddhasravaka Bhikku University.

3. Object of the University.

4. Provision of the University.

PART II

MAHA MAHOPADYAYA, MAHOPADYAYA AND OFFICERS OF THE UNIVERSITY

5. The Maha Mahopadyaya.

6. The officers of the University.

7. The first Mahopadyaya.

8. The Registrar.

9. The Bursar.

10. The Librarian.

PART III

THE AUTHORITIES OF THE UNIVERSITY

11. The authorities of the University.

12. The Uththarithra Sabhawa of the University.

13. Powers, duties and functions of the Uththarithara Sabhawa.

14. The Council of the University.

15. Powers, duties and function of the Council.

16. The Senate.

17. Powers, duties and function of the Senate.

18. Vacancy in or defect appointment or nomination of a members of an authority not invalidate any act of the authority.

18A. The Board of each Faculty.

18B. Powers, duties and functions of the Board.

18C. The Head of a Department of Study.

18D. Establishment of Faculties and Departments of Study.

PART IV

POWERS OF THE MINISTER

19. Responsibility of Minister.

20. Power of the Minister to issue direction to the University.

PART V

CONVOCATIONS OF THE UNIVERSITY

21. Holding of the convocation of University.

PART VI

APPOINTMENT TO THE STAFF

22. Appointment to the staff be made by the Council.

23. Appointment of teachers.

24. Retirement of teacher.

25. Appointment of post other than that of teacher.

26. Retirement of persons other than teacher.

27. Appointment of public officers to the staff of the University.

28. Appointment of officers and servants of Higher Educational Institution to the staff of the University.

PART VI

BUDDHASRAVAKA BHIKKU UNIVERSITY PROVIDENT FUND

29. Interpretation of this part of this Act.

30. Establishment of Buddhasavaka Bhikku University Provident Fund.

31. Regulation of the Provident Fund.

32. Contributions to the Provident Fund.

33. Repayment to Contributors.

34. Deduction prior to payments from the Provident Fund.

35. Unpaid Provident Fund accumulate compound interest in certain cases.

36. Certain assets of contributor exempt from seizure or execution.

37. Establishment of pension scheme and Widows' and Orphans pension fund.

PART VII

FINANCE

38. Financial year.

39. The University Fund.

40. Grants in and of University.

41. Council to triennial estimates an annual appropriation.

42. The Minister to consider technical estimates an annual appropriation.

43. Duties of Bursar.

44. The Council to consider triennial estimates, annual appropriation.

45. Transfer of Funds from one vote to another.

46. Audits of accounts.

47. Exemption of the University from rates.

48. Publication of audited accounts.

49. Annual accounts and auditor general's report to be transmitted to Minister.

50. Indemnity for acts is good faith.

PART VIII

APPLICATION OF THE HOUSING AND TOWN IMPROVEMENT ORDINANCE

51. Application of the Chapter 268 to areas within precinetsor in proximity to the precinets of the University.

PART IX

APPLICATION OF THE GOVERNMENT QUARTERS (RECOVERY OF POSSESSION) ACT

52. Application of Government Quarters (Recovery of possession) Act to University Quarters.

PART X

GENERAL

53. Disqualification from being members of any authority of the University.

54. No writ to issue against person or property of member of any authority of the University.

55. Officers and servant of the University deemed to be public servant under the Penal Code.

56. University to be deemed a schedule institution within the meaning of the Bribery Act.

57. Transfer of other Institution to the University.

57A. Council, Senate and any other body to comply with rules and regulations of the University Grants Commission.

PART XI

MISCELLANEOUS

58. Restriction in residence within University precincts.

59. Prohibition of undisirable persons from entering precincts.

60. Ordinance.

61. By-laws.

62. Regulations.

63. Rules.

64. Provision of Act, No. 16 of 1978 not to apply.

PART XII

REPEALS AND TRANSITIONAL PROVISIONS

65. Repeal of Act, No. 16 of 1968.

66. Effect of repeal of Act, No. 16 of 1968.

67. Sinhala text to prevail in case of inconsistency.

PART XIII

INTERPRETATION

68. Interpretation.

26 of 1996,

15 of 2012.

AN ACT to provide for the establishment, maintenance and administration or a University called Bhikku University of Sri Lanka, to impart higher education at University level to Bhikku and for matters connected therewith or incidental thereto.

[Date of Commencement: 17th October, 1996]

1. Short title.

This Act may be cited as the Bhikku University of Sri Lanka Act, and shall come into operation in respect of all or any of its provisions on such date or dates as the Minister may appoint by Order published in the Gazette. Different dates may be appointed in respect of different parts of this Act.

[Am by s 2(1) of Act 15 of 2012.]

PART I

THE BUDDHASRAVAKA BHIKKU UNIVERSITY

2. Establishment of the Buddhasravaka Bhikku University.

(1) Notwithstanding anything to the contrary in the Universities Act, No. 16 of 1978, there shall be established a unitary and residential University for Bhikkus with the name and style of the Buddhasravaka Bhikku University (hereinafter referred to as "the University”).

(2) The University shall be a body corporate with perpetual succession and with the name assigned to the University by subsection (1), and shall have full power in such name—

(i) to sue and to be sued in all courts;

(ii) to have and use a common seal;

(iii) for the purpose of this Act and subject to any Ordinance and rules, to purchase, acquire by gift, testamentary disposition or otherwise, take on lease, or hire, and hold, movable or immovable property; and

(iv) to sell, hypothecate, lease, exchange or otherwise dispose of any such property:

Provided that any sale, hypothecation, lease, exchange or other disposition of any such property shall be void if it is made in contravention of any restriction, condition or prohibition by the instrument by which the property was vested in the University: and

(v) to exercise and perform in accordance with the provisions of this Act all the powers and duties conferred or imposed on the University by any such provisions.

3. Object of the University.

the object of the University shall be—

(i) to train Bhikku students in accordance with the teachings of lord Buddha;

(ii) to promote training and Research in Buddhist meditation among the Bhikku students of the University;

(iii) to train Bhikku students for the propagation of Thervada Buddhism in Sri Lanka and abroad;

(iv) to encourage the study of and research in Buddhism;

(v) to promote Buddhist culture and values; and

(vi) to do any other thing connected with, or incidental to any of the objects aforesaid.

4. Provision of the University.

The University shall subject to the provisions of this Act have the power—

(a) to select and admit Bhikku students to provide for instruction in any approved branch of study;

(b) to provide for instruction in the following subjects namely Sutra Abidharma Vinaya, Buddhist Philosophy and logic, Psychology, Archaeology, Buddhist History and Comparative Religion, Oriental may Western language other subject relevant to Buddhist Education and to establish in respect of each of such subjects or a group of such subjects is Department of Study;

(c) to provide post-graduate courses an Dhannaduta Activities and Buddhist Education and for this purpose to co-operate with other Universities or Authorities in Sri Lanka or abroad in such a manner and for such purposes as the University may determine;

(d) to hold examinations for the purpose of ascertaining the persons who have acquired proficiency on approved branches to study;

(e) to co-operative by way of exchange of teachers students and scholars or otherwise with other Universities or institutions in Sri Lanka or abroad having objects similar or substantially similar to those of the University;

(f) to grant and confer such degrees diplomas and oilier distinctions as under this Act determined by the Senate and approved the council to and on Bhikku students who have pursued approved, Courses of study at the University and who have passed the necessary Examinations of the University;

(g) to admit Bhikku graduates or Bhikku students other Universities to equal or similar degrees and courses of study at the University on such conditions as may be prescribed by law and to register them as Bhikku graduates or Bhikku students of the University;

(h) to confer honorary degrees or other academic distinctions on persons recommended by the Senate of the University and approved by the council of the University;

(i) to recognise the examinations passed and periods of learning or study pursued by Bhikkus seeking admission to or by Bhikku students of the University, another Universities or place's of learning of University status as are equivalent to such examinations and periods of learning or study in the University or such period thereof as made to be prescribed by law or regulation and to withdraw such recognition at any tune;

(j) to erect equip and maintain for the purposes of the, University libraries and other buildings whether for instructional or residential purposes;

(k) to institute Professorship Associate Professorship Senior Lectureships posts of examiners and such other posts as may be required for the purposes of the University;

(l) to make appointments to all posts in the University;

(m) to institute and award research scholarships fellowships bursaries prizes and make grants to deserving post graduate research Bhikku students for the furtherance of Buddhist studies;

(n) to enter into agreements for co-operation with educational other institution whether in Sri Lanka or abroad, having objects wholly or partly similar of those of the University for such purposed as may conducive to their common objects;

(o) to regulate and provide for the presidence discipline and moral mental and physical well-being of the officers, teachers or servants and Bhikku students of the University;

(p) to establish and manage halls of residence and to provide such other services and facilities, as may be necessary for the residence of the Bhikhu students of the University;

(q) to demand and receive such fees as may from time to time be prescribed by law;

[S 4(q) am by s 3(1) of Act 15 of 2012.]

(r) to conduct post-graduate courses for clergy students which are consistent with the objects of the University;

[S 4(r) ins by s 3(3) of Act 15 of 2012.]

(s) to establish local and foreign affiliated institutions as required by the University; and

[S 4(s) ins by s 3(3) of Act 15 of 2012.]

(t) to do all such other acts and things as may be necessary for effectively exercising any of the powers specified in this Act and for attaining the objects set out in section 3.

[S 4(r) re-numbered as s 4(t) by s 3(2) of Act 15 of 2012.]

PART II

MAHA MAHOPADYAYA, MAHOPADYAYA AND OFFICERS OF THE UNIVERSITY

5. The Maha Mahopadyaya.

(1) The Maha Mahopadyaya of the University shall in rotation be—

(i) the Mahanayake Thera of the Malwatta Chapter of the Siainopali Matha Nikaya;

(ii) the Mahanayake Thera of the Angiriya Chapter of the Siamopali Matha Nikaya;

(iii) the Chief Mahanayake of Sri Lanka Amarapura Manasangasabha President for the time being of Sri Lanka Amarapura Mahasangasabha; and

(iv) the Mahanayake Thera of Sri Lanka Ramanna Nikaya,

commencing with Mahanayaka Thera referred to in paragraph (i) each of whom shall hold office for a period of two years in a time.

(2) In the event of any Maha Nayaka Thera or Chief Maha Nayaka Thera of any Nikaya referred to in subsection (1) declining to accept the appointment as Maha Mahopadyaya of the University, the Minister in consultation with such Maha Nayaka Thera or Uththarithara Sabhawa, as the case may be, may make recommendation to the President to appoint another suitable Nayaka Thera of such Nikaya to be the Maha Mahopadyaya of the University.

[S 5(­2) subs by s 4 of Act 15 of 2012.]

(3) The Maha Mahopadyayas shall be Head of The University and shall when present presideat any Convocation of the University.

(4) In the event of the death of, or vacation of office by the Mahanayaka Thera or Maha Thera holding the office of Maha Mahopadyaya the Maha Nayaka Thera or Maha Thera succeeding such Mahanayake Thera or Maha Thera shall hold the office of Maha Mahopadyaya for the unexpired period of the term of office of his predecessor.

6. The officers of the University.

The officer of the University shall be the following:

(i) Mahopadyaya

(ii) the Registrar

(iia) Dean of each Faculty;

[S 6(iia) ins by s 5 of Act 15 of 2012.]

(iii) the Bursar

(iv) the Librarian; and

(v) the holder of any other post prescribed by Ordinance to be a post the holder of which is an Officer for the purposes of this Act.

7. The first Mahopadyaya.

(1) —

(a) The first Mahopadyaya of the University shall be appointed by the President and when appointed—

[S 7(1)(a) am by s 6(1) of Act 15 of 2012.]

(i) he shall exercise, perform and discharge all such powers duties and functions as are conferred or imposed on or assigned to him under this Act;

(ii) he may exercise perform and discharge the powers, duties and functions of any or all Authorities of the University until such time as such Authorities are duly constituted under this Act; and

(iii) he shall unless he vacates office earlier, and subject to the provisions of subsection (3) and subsection (4) of this section hold office for a term of three years reckoned from the date of his appointment, and shall be eligible for re-appointment under subsection (2) of this section for a further period of three years notwithstanding anything in sub-paragraph (iv) of subsection (2).

(b) The Mahopadayaya of the University shall be a disciplined Upasampada Bhikku who has completed twenty years after Upasampada. He shall be a person holding a post-graduate degree in Buddhist Studies or in any other subject connected thereto from a recognized University on a research done within a period of not less than two years and having ten years experience in the field of teaching. In addition he shall be required to possess a good knowledge of oriental languages;

[S 7(1)(b) am by s 6(1) of Act 15 of 2012.]

(2) —

(i) Application for the post of every subsequent Mahopadayaya shall be published in the Government Gazette and in a prescribed local newspaper in Sinhala, Tamil and English-

(ii) the council shall select three names from among Bhikku applicants who possess the qualifications specified in subsection (1)(b) and submit those names to the Uththarithara Sabhawa constituted under section 12 of this Act;

(iii) the Uththarithara Sabhawa constituted under section 12 of this Act shall examine the educational and other qualifications of the Bhikku applicants and select and recommend the name of one Bhikku applicant to the President through the Minister, within three months of the submission of the names;

[S 7(2)(iii) am by s 6(2)(a) of Act 15 of 2012.]

(iv) The Bhikku recommended by the Uththarithara Sabhawa shall be appointed by the President as the Mahopadayaya of the University for a period of three years no Bhikku shall be appointed as Mahopadayaya of the University for more than two consecutive terms;

[S 7(2)(iv) am by s 6(2)(b) of Act 15 of 2012.]

(v) Any Mahopadayaya who vacates office by reason of the expiration of his term or by resignation shall have the right to revert back to the substantive post held by him in the University before he was appointed to the post of Mahopadayaya if he has not completed his age of retirement;

(vi) Notwithstanding anything to the contrary in any other provision of this Act, the term of office of the Mahopadyaya of the University, who last held office on the day immediately preceding the date of coming into operation of this section, shall continue for a further period of three years from the date of coming into operation of this section.

[S 7(2)(vi) ins by s 6(2)(c) of Act 15 of 2012.]

(3) —

(a) If there is sufficient proof that the Mahopadyaya has acted in a manner detrimental to the interests of the University, the President shall, on a resolution passed by not less than two-thirds of the total membership of the Uththaraithara Sabhawa at a special meeting convened for the purpose, require the Minister to take necessary steps to ensure the removal of the Mahopadyaya from office.

[S 7(3)(a) subs by s 6(3) of Act 15 of 2012.]

(b) The Mahopadyaya shall be the Accounting Officer of the University, who shall comply with any determination or regulation or directive of the Council of the University relating to the control of finances and properties of the University. The Mahopadyaya shall exercise, perform and discharge such powers, duties and functions as may be conferred on him by this Act or by any regulation or rule made under this Act.

[S 7(3)(b) subs by s 6(3) of Act 15 of 2012.]

(4) The Mahopadayaya shall be a full time officer, of the University and shall be the Chief Executive Officer and the Chief Academic Officer thereof. He shall be ex offico member of the Uththarithara Sabhawa and an ex-officio member and chairman of both the Council and the Senate. In the absence of the Maha Mahopadayaya the Mahopadayaya the shall preside at the meetings of the Uththarithara Sabhawa the Mahopadayaya shall be entitled to convent be present and speak at any meeting of any other authority or board of the University, but shall not be entitled to vote at any such meetings of such other authority or board.

[S 7(4) am by s 6(4)(b) of Act 15 of 2012.]

(5) It shall be the duty of the Mahopadyaya. to ensure that the provisions of this Act and of any appropriate instrument are duly observed and he shall have and may exercise all such powers as he may deem necessary for the purpose.

(6) Subject to the provisions of this Act. It shall be the duty of the Mahopadyaya to give effect or to ensure that effect is given to the decisions of the Council and of the Senate.

(7) The Mahopadyaya shall be responsible for the maintenance of discipline within the University.

(8) The Mahopadyaya shall, unless he vacate office earlier or is removed from office under subsection (3) and subsection (4) of this section, hold office for a term of three years or until he has completed his sixty fifth year, whichever event occurs earlier.

(9) If the Mahopadyaya, by reason of leave, illness, absence from Sri Lanka, or other cause, is temporarily unable to perform the duties of his office, the Council may within seven days of the occurrence of such inability, make such arrangements as it may think fit for carrying on the duties of the office, until such arrangements are made, the Registrar shall carry on such duties of the office as are of a routine nature.

(10) If any vacancy occurs in the office of the Mahopadyaya, the Minister shall, within seven days of the occurence of the vacancy, make such arrangements as he may think fit for carrying on the duties of the office, until a permanent appointment is made under the preceding provisions of this section and until such arrangements are made the Registrar shall carry on such duties of the office as are of a routine nature.

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