BUDDHA SRAVAKA DHARMAPITHAYA ACT

Arrangement of Sections

1. Short title.

PART I

THE BUDDHA SRAVAKA DHARMAPITHAYA

2. Establishment and incorporation of Buddha Sravaka Dharmapithaya.

3. Objects of the University.

4. Powers of the University.

PART II

THE DHARMAPITHADHIPATI AND THE OFFICERS OF THE UNIVERSITY

5. The Dharmapithadhipati.

6. The Secretary of the University.

7. The Librarian.

8. Other Officers.

PART III

THE UNIVERSITY AUTHORITIES

9. Authorities of the University.

10. The Anusasaka Mandalaya.

11. Powers, duties and functions of the Anusasaka Mandalaya.

12. The Board of Education and Administration.

13. Powers, duties and functions of the Board of Education and Administration.

14. Restrictions on voting by certain members of the Board of Education and Administration on certain matters.

15. The Dayaka Mandalaya.

16. Powers, duties and functions of the Dayaka Mandalaya.

17. Vacancy in or defect in appointment or nomination of a member of an Authority not to invalidate any act of the Authority.

PART IV

STATUTES AND RULES

18. Statutes.

19. Rules.

PART V

EXAMINATIONS AND COURSES OF STUDY

20. Examinations.

21. Admissions and period of study for graduation.

22. Post-graduate courses.

PART VI

PROVISIONS RELATING TO TEACHERS OF THE UNIVERSITY

23. Appointment of teachers.

24. Remuneration of teachers, officers and servants.

PART VII

FINANCIAL PROVISIONS

25. Financial year.

26. University Fund.

27. Grants in aid of the University.

28. Secretary of the University to keep accounts.

29. Audit of accounts.

30. Auditor General's report.

31. Financial estimates.

PART VIII

MISCELLANEOUS

32. Restriction on residence within University precincts.

33. Prohibition of undesirable persons from entering precincts.

34. Removal of Dharmapithadhipati from office and dissolution of an Authority.

35. Degrees, diplomas and other distinctions.

36. Deprivation of degree in certain circumstances.

37. Special provisions for Bhikkhus after retirement.

38. Alteration of seal.

PART IX

INTERPRETATION

39. Interpretation.

16 of 1968.

AN ACT to make provision for the establishment and regulation of a university for Bhikkhus.

[Date of Commencement: 31st May, 1968]

1. Short title.

This Act may be cited as the Buddha Sravaka Dharmapithaya Act.

PART I

THE BUDDHA SRAVAKA DHARMAPITHAYA

2. Establishment and incorporation of Buddha Sravaka Dharmapithaya.

(1) There shall be established a unitary and residential University for Bhikkhus. The University1, so established, shall have the name and style of "The Buddha Sravaka Dharmapithaya”.

(2) The University shall have its seat on such site as the Minister may determine by Order published in the Gazette.

(3) The Dharmapithadhipati and the members for the time being of the Anusasaka Mandalaya, the Board of Education and Administration and the Dayaka Mandalaya shall be a body corporate with perpetual succession and with the same name as that assigned to the University by subsection (1), and shall have power in such name—

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

(b) to have and use a common seal;

(c) for the purposes of this Act and subject to the Statutes and Rules to purchase, acquire by gift, testamentary disposition or otherwise, take on lease or hire, and hold any movable or immovable property;

(d) to sell, hypothecate, lease, exchange or otherwise dispose of any such property; and

(e) to exercise and perform in accordance with the provisions of this Act and of the Statutes and Rules, whenever necessary, all the powers and duties conferred or imposed on the University by any of such provisions:

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 imposed by law or by the instrument by which the property was vested in the University.

3. Objects of the University.

The objects of the University shall be—

(a) to train Bhikkhus in accordance with the teachings of the Buddha;

(b) to promote meditation among the students of the University;

(c) to train Bhikkhus for the propagation of the teachings of the Buddha in Sri Lanka and abroad;

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

(e) to promote Buddhist culture.

4. Powers of the University.

The University shall, subject to the provisions of this Act and of the Statutes and Rules, have the power—

(a) to provide for instruction in the following subjects, namely, Sutra, Abhidharma, Vinaya, Buddhist Philosophy and Logic, Buddhist History and Culture, Comparative Religion and Languages and to establish in respect of each of such subjects, or a group of such subjects, a Department of Study;

(b) to hold examinations for the purpose of ascertaining the persons who have acquired proficiency in different branches of study;

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

(d) to grant and confer such degrees, diplomas and other distinctions as under this Act are determined by the Board of Education and Administration and approved by the Minister, to and on persons who have pursued approved courses of study in the University and who have passed the necessary examinations of the University;

(e) to institute such teaching and other posts or such offices as may be necessary for the purposes of the University, to make appointments to such posts or offices and to determine the conditions of employment;

(f) to confer Honorary degrees or other distinctions on approved persons;

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

(h) to manage Halls of Residence for the residence of students of the University;

(i) to regulate and provide for the residence, discipline and moral, mental and physical well-being of officers, teachers, students and servants of the University;

(j) to establish and regulate by Statute a provident fund for the benefit of the officers of the University who are not Bhikkhus and of the servants of the University and to make contributions to such fund out of the University Fund; and

(k) to do all such other acts incidental to the powers aforesaid as may be requisite in order to further the objects of the University.

PART II

THE DHARMAPITHADHIPATI AND THE OFFICERS OF THE UNIVERSITY

5. The Dharmapithadhipati.

(1) The Dharmapithadhipati of the University shall be an Upasampada Bhikkhu who has completed twenty years after Upasampada.

(2) The Dharmapithadhipati shall be appointed by the Minister out of a panel of at least three names recommended by the Anusasaka Mandalaya.

(3) The Dharmapithadhipati shall be a whole-time officer of the University. He shall be a member and the Chairman of the Board of Education and Administration. He shall be entitled to convene all meetings of the Board of Education and Administration and shall preside at such meetings.

(4) It shall be the duty of the Dharmapithadhipati to secure that the provisions of this Act and of the Statutes and Rules are duly observed and he shall have and may exercise all such powers as he may deem necessary for the purpose.

(5) The Dharmapithadhipati shall give effect to the decisions made under this Act in regard to the administration of the University, and shall exercise general supervision over the educational arrangements of the University. He shall be responsible for the discipline of the University in accordance with this Act and the Statutes and Rules and shall exercise and perform such other powers and duties as may be conferred or imposed on him by this Act or by Statute or Rule.

(6) The Dharmapithadhipati shall hold office for a term of five years but may be reappointed in accordance with the provisions of this section.

(7) If any vacancy occurs in the office of Dharmapithadhipati or if the Dharmapithadhipati, by reason of leave, illness, or other cause, is unable, temporarily, to perform the duties of his office, the Minister may, within fourteen days of such vacancy or inability, make such arrangements as he may think fit for carrying on the office. Until such arrangements have been made, the Secretary of the University shall carry on the routine duties of the office.

6. The Secretary of the University.

(1) The Secretary shall be a whole-time officer of the University. He shall be the Secretary to the Anusasaka Mandalaya, to the Board of Education and Administration and to the Dayaka Mandalaya. He shall be the
Chief Accounting Officer of the University and shall be responsible for the proper administration of the moneys and properties of the University and in the performance of such duty he shall act in conformity with any decision or order made, or any direction given, by the Dayaka Mandalaya in respect of the administration of the funds and properties of the University. He shall exercise and perform all such powers and duties as may be conferred or imposed on him by this Act or by Statute or Rule. He shall, in addition, assist the Dharmapithadhipati whenever he is called upon to do so.

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