BUDDHIST AND PALI UNIVERSITY OF SRI LANKA act

Arrangement of Sections

1. Short title.

PART I

ESTABLISHMENT OF THE BUDDHIST AND PALI UNIVERSITY OF SRI LANKA

2. Establishment of the Buddhist and Pali University of Sri Lanka.

3. Objects of the University.

4. Power of the University.

5. Distinctions of race, creed, class or religion prohibited.

5A. Rights of female students.

6. Repealed.

7. Compulsory subjects for examinations of the University.

PART II

THE VENERABLE CHANCELLOR AND THE OFFICERS OF THE UNIVERSITY

8. The Venerable Chancellor.

9. Officers of the University.

10. The Vice-Chancellor.

11. Registrar.

12. The librarian.

13. The Bursar.

14. Repealed.

PART III

THE AUTHORITY OF THE UNIVERSITY

15. The Authority of the University.

16. The Council.

17. Powers, duties and functions of the Council.

18. Appointment of ad-hoc committees.

18A. The Senate.

18B. The Faculty Board.

18C. The Deans of the faculties.

18D. The Head of a Department.

18E. Establishment of Faculties and Department.

PART IV

CONVOCATIONS OF THE UNIVERSITY

19. Holding of the Convocation University.

PART V

APPOINTMENTS TO THE STAFF

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

21. Probationary period of teachers.

22. Age of retirement of teachers.

23. Confirmation after period of probation.

23A. Age of retirement.

24. Appointment of public officers and servants of the Local Government Service or of any local authority to the staff of the University.

25. Appointment officers and servants of Higher Educational Institutions to the staff of the University.

PART VI

BUDDHIST AND PALI UNIVERSITY OF SRI LANKA PROVIDENT FUND

26. Establishment of the Buddhist and Pali University of Sri Lanka Provident Fund.

27. Regulation of the Provident Fund.

28. Contribution to the Provident Fund.

29. Repayments to contributors.

30. Deductions from Provident Fund payment.

PART VII

FINANCE

31. Financial year.

32. The University Fund.

33. Grants in aid of University.

34. Duties of Bursar.

35. The Council to consider annual estimates and annual appropriations.

36. Supplementary estimates.

37. Transfer of funds from one vote to another.

38. Audit of accounts.

39. Exemption of the University from rates.

PART VIIA

UNIVERSITY STUDENT UNION AND OTHER ASSOCIATIONS

39A. Students Unions.

PART VIIB

POWERS OF THE MINISTER

39B. Powers of the Minister.

PART VIII

GENERAL

40. Indemnity for acts in good faith.

41. Vacancies or defects not to invalidate resolutions or proceedings.

42. Gifts.

43. No writ to issue against person or property of a member of the University.

44. Officers and servants of the University deemed to be public servants under the Penal Code.

45. University deemed to be a scheduled institution within the meaning of the Bribery Act.

46. Rules and Regulations By-laws.

47. Provisions of Act No. 16 of 1978 not to apply.

48. Interpretation.

74 of 1981,

30 of 1983,

21 of 1986,

37 of 1995.

AN ACT to provide for the establishment, maintenance and administration of the Buddhist and Pali University of Sri Lanka for the propagation of the Buddha Dhamma and the promotion of Pali studies in Sri Lanka and abroad and to conduct examinations in Buddhism and Pali and for matters connected therewith or incidental thereto.

[Date of Commencement: 15th December, 1981]

1. Short title.

This Act may be cited as the Buddhist and Pali University of Sri Lanka Act.

PART I

Establishment of the Buddhist and Pali University of Sri Lanka

2. Establishment of the Buddhist and Pali University of Sri Lanka.

(1) Notwithstanding anything to the contrary in the Universities Act, No. 16 of 1978, there shall be established a University with the name and style of the Buddhist and Pali University of Sri Lanka (hereinafter referred to as "the University”).

(2) The University shall, by the name assigned to it by subsection (1), be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

3. Objects of the University.

The Object of the University shall be—

(i) the training of scholars in Buddhist Doctrine and Discipline for the dissemination of Buddhism, and the fostering of Dhaomadutha activities, in Sri Lanka and abroad;

(ii) the promotion of the study of Pali University Culture and Buddhist Philosophy in Sri Lanka and abroad, and the development of these studies to suit the condition in the modern world;

(iii) —

(a) the training of Bhikkhu students and lay students of the male sex in teaching Buddhism and Pali in Prirvenas, schools and similar institutions;

(b) facilitating the maintenance and improvement of ethical conduct and mental discipline of Bhikkhu students and all lay students of the male sex; and

(c) any other matter connected with or incidental to, any of the matters.

[S 3 subs by s 2 of Act 37 of 1995.]

4. Power of the University.

The University shall, subject to the provisions of this Act, have the following powers—

(i) to determine the courses which shall be provided therein and the degrees, diplomas and other academic distinctions which shall be awarded;

(ii) to determine from time to time the total number of Bhikkhu students and the lay students of the male sex who shall be admitted annually to the University and the apportionment of that number to the different courses of study therein;

(iii) to select and admit Bhikkhu students and lay students of the male six as internal students of the University in consultation with an Admission Committee whose composition, lowers, duties and functions shall be prescribed by by-laws:

Provided that, two thirds of the total number of students who are admitted annually shall be Bhikkhu students;

(iv) to provide for instruction in any approved branch of learning subject to the provisions of section 7;

(v) to hold examination for the purpose of ascertaining the persons who have acquired proficiency in different branches of learning;

(vi) to grant and degree, diplomas and other academic distinctions to and on persons who have pursued approved courses of study in the University and who have passed the examination of the University prescribed by regulation;

(vii) to conduct external examination for the grant of degree, diplomas and other academic distinction to students of Sri Lanka and to students of substitution outside Sri Lanka recognised by the University;

(viii) to grant and confer degree, diplomas and other academic distinction to and on persons who have passed the external examination of the University;

(ix) to confer honorary degree or other academic distinction on person who are recommended by the senate of the University and approved by the Council of the University;

(x) to institute and award research scholarship and make grants to deserving postgraduate research students for the furtherance of Buddhist and Pali education;

(xi) to institute Professorships, Associate Professorships, Senior lectureships or Lectureship and such other posts as may be required for the purpose of the University;

(xii) to take and hold any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift testamentary disposition or otherwise and subject to such conditions, restrictions and prohibitions as may be imposed by regulation of the University, to sell assign, exchange or otherwise;

(xiii) to co-operate by way of exchange of teachers, students and scholars or otherwise, with other universities or institution in Sri Lanka or abroad having object similar, or substantially similar to those of the University;

(xiv) to erect, equip and maintain for the purpose of the University, libraries and other buildings;

(xv) to establish and manage halls of residence to defense lodging houses providing, residential facilities and to providing such other services and facilities as may be necessary for the residence of all Bhikkhu students of the male sex of the University;

(xvi) to regulate and provide for the residence, discipline and well-being of teachers, officers and other employees of the University;

(xvii) to assist all Bhikkhu students and lay students of the male sex to obtain loans from Banks and other agencies in accordance with Regulation providing for the same;

(xviii) to demand and receive such fees as may from time to time, be prescribed by regulation; and

(xix) to do all such other acts or things as may be necessary for effectively exercising any of the powers specified in Act and for the attainment of the object set out in section 3.

[S 4 subs by s 3 of Act 37 of 1995.]

5. Distinctions of race, creed, class or religion prohibited.

Subject to the provision of paragraph (vii) and (viii) of section 4, the university shall be open to all persons of the male sex and whatever race, creed or class, who are citizens of Sri Lanka, and other persons who are lawfully resident in Sri Lanka, and no test of religious belief or profession shall be adopted or imposed in order to entitle any person to graduate thereat or to enjoy or exercise any advantage or privileges thereof:

Provided that the preceding provisions of this section shall not be construed in any way so as to be detrimental or harmful to the rights and privileges of Buddhists.

[S 5 am by s 4 of Act 37 of 1995.]

5A. Rights of female students.

Persons of the female sex shall subject to such regulations as may be made in that behalf, be entitled to graduate and receive any degree diplomas or other academic distinction of the University's external students of the University.

[S 5A ins by s 5 of Act 37 of 1995.]

6. .

[S 6 rep by s 6 of Act 37 of 1995.]

7. Compulsory subjects for examinations of the University.

Buddhism and the Pali Language shall be compulsory for the First Degree examination. Any subject related to Buddhism, or Pali studies shall be compulsory for the Post Graduate Degree Examination.

[S 7 am by s 2 of Act 21 of 1986.]

PART II

The Venerable Chancellor and the Officers of the University

8. The Venerable Chancellor.

[Am by s 25 of Act 37 of 1995.]

(1) The Venerable Chancellor of the University shall, in rotation, be—

(a) the Mahanayaka Thera of the Malwatte Chapter of the SiamHikaya;

(b) the Mahanayaka Thera of the Asgiriya Chapter of the Siam Nikaya;

(c) the Mahanayake Thera for the time being holding office as the President or the Utharithara Mahanayake Thera of the Sri Lanka Amarapura Maha Sangha Aabha; and

[S 8(1)(c) subs by s 7 of Act 37 of 1995.]

(d) the Mahanayaka Thera of the Sri Lanka Ramannya Nikaya, commencing with the Mahanayaka Thera referred to in paragraph (a), each of whom shall hold office for a period of two years at a time.

(2) The Venerable Chancellor shall be the Head of the University, and shall, when present, preside at any Convocation of the University.

(3) In the event of the death of, or vacation of office by, the Mahanayaka Thera holding the office of Venerable Chancellor, the Malia Nayaka Thera succeeding such Mahanayaka Thera shall hold the office of Venerable Chancellor for the unexpired period of the term of office of his predecessor.

9. Officers of the University.

The officers of the University shall be the following—

(i) the Venerable Vice-chancellor;

[S 9(i) subs by s 8(1) of Act 37 of 1995.]

(ii) the Dean of each faculty; and

[S 9(ii) ins by s 8(2) of Act 37 of 1995.]

(iii) the Registrar;

[S 9(ii) re-numbered as 9(iii) by s 8(3) of Act 37 of 1995.]

(iv) the Librarian;

[S 9(iii) re-numbered as 9(iv) by s 8(3) of Act 37 of 1995.]

(v) the Bursar and

[S 9(iv) re-numbered as 9(v) by s 8(3) of Act 37 of 1995.]

(vi) the holder of any other post prescribed by regulation to be a post, the holder of which is an officer for the purposes of this Act.

[S 9(v) re-numbered as 9(vi) by s 8(3) of Act 37 of 1995.]

10. The Vice-Chancellor.

(1) —

(a) The first Venerable Vice-Chancellor of the University shall a Bhikkhu appointed by the president. Every subsequent Venerable Vice-Chancellor shall subject to the provisions of paragraph (b) and (c) be appointed by the President upon the recommendation of the Minister from a panel of three Bhikkhu nominated by the Council of the University.

(b) No person shall be appointed as Venerable Vice-Chancellor of the University for more than two consecutive terms.

(c) The Venerable Vice-Chancellor of the University may be removed by the President after consultation with the Minister.

(d) Any Venerable Vice-Chancellor who vacates office by reason of the expiration of his term of office or by resignation shall have the right to revert to the substantive post held by him before he was appointed to the post of Venerable Vice-Chancellor.

[S 10(1) subs by s 9(1) of Act 37 of 1995.]

(2) The Venerable Vice-Chancellor shall be a full-time officer of the University and shall be the principal executive officer and principal academic officer thereof. He shall be an ex-officio member of the Council. The Venerable Vice-Chancellor shall preside at the meetings of the Council. The Venerable Vice-Chancellor shall be entitled to convene, be present and speak at any meeting of the Council.

[S 10(2) am by s 9(2) of Act 37 of 1995.]

(3) It shall be the duty of the Venerable Vice-Chancellor, in accordance with such directions as may from time to time be lawfully issued to him in that behalf by the Council, to ensure that the provisions of this Act and of any regulation are duly observed and he shall have and may exercise all such powers as he may deem necessary for the purpose.

[S 10(3) am by s 9(2) of Act 37 of 1995.]

(4) Subject to the provisions of this Act, it shall be the duty of the Venerable Vice-Chancellor to give effect, or to ensure that effect is given, to the decisions of the Council.

[S 10(4) am by s 9(2) of Act 37 of 1995.]

(5) The Venerable Vice-Chancellor shall be the Accounting Officer of the University.

[S 10(5) am by s 9(2) of Act 37 of 1995.]

(6) The Venerable Vice-Chancellor shall be responsible for the maintenance of discipline within the University..

[S 10(6) am by s 9(2) of Act 37 of 1995.]

(7) The Venerable Vice-Chancellor shall, unless, he vacates office earlier or is removed from office under subsection (1)(e), hold office for a term of three years, or until he has completed his sixty-eighth year whichever event occurs earlier.

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