Act no 15 OF 2012

Act-no-15of-2012-Buddhasravaka-Bhikku-University-Amendment.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
BUDDHASRAVAKA BHIKKU UNIVERSITY
(AMENDMENT) ACT, No. 15 OF 2012
[Certified on 11th July, 2012]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 13, 2012
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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Buddhasravaka Bhikku University (Amendment) 1
Act, No 15 of 2012
[ Certified on 11th July, 2012]
L.D.—O. 52/2006.
ANACT TO AMEND THE BUDDHASRAVAKA BHIKKU UNIVERSITY ACT,
NO. 26 OF 1996
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Buddhasravaka Bhikku Short title.
University (Amendement) Act, No. 15 of 2012.
2. (1) In the Buddhasravaka Bhikku University Act, No. General
26 of 1996 (hereinafter referred to as the "principal amendment to the
Buddhasravaka
enactment") and in any other written law, there shall be Bhikku University
substituted for the words " Buddhasravaka Bhikku Act, No. 26 of
1996.
University" the words "Bhikku University of Sri Lanka".
(2) Every reference to the "Buddhasravaka Bhikku
University" in any regulation, rule, notice, notification,
contract, communication or other document shall be read
and construed as a reference respctively, to the "Bhikku
University of Sri Lanka".
3. Section 4 of the principal enactment is hereby Amendment of
section 4 of the
amended as follows:—
principal
enactment.
(1) by the deletion of the word "and" in
paragraph (q);
(2) by the re-numbering of paragraph (r) as
paragraph (t); and
(3) by the addition immediately after paragraph (q)
thereof, of the following new paragraphs:–
"(r) to conduct post-graduate courses for clergy
students which are consistent with the
objects of the University;
2—PL 005804— 4,090 (06/2012)
2 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
(s) to estabish local and foreign affiliated institutions
as required by the University, and".
Amendment of 4. Section 5 of the principal enactment is hereby
section 5 of the amended by the repeal of subsection (2) of that section and
principal
the substitution therefor of the following:–
enactment.
"(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.".
Amendment of 5. Section 6 of the principal enactment is hereby
section 6 of the amended by the insertion immediately after paraghaph (ii)
principal
enactment. thereof, of the following new paragraph:–
"(iia) Dean of each Faculty;"
Amendment of 6. Section 7 of the principal enactment is hereby
section 7 of the
amended as follows:–
principal
enactment.
(1) in subsection (1) of that section–
(a) in paragraph (a) thereof, by the substitution
for the word "Minister" of the word
"President";
(b) in paragraph (b) thereof, by the substitution
for the words "post-graduate degree in
Buddhist Studies from a recognized
University." of the words "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.
Buddhasravaka Bhikku University (Amendment) 3
Act, No 15 of 2012
In addition he shall be required to possess a
good knowledge of oriental languages.";
(2) in subsection (2) of that section–
(a) in paragraph (iii) thereof, by the
substitution for the word "Minister," of the
words "President through the Minister,";
(b) in paragraph (iv) thereof by the
substitution for the word "Minister" of the
word "President";
(c) by the addition immediately after
paragraph (v) thereof, of the following new
paragraph:–
(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.;
(3) by the repeal of subsections (3) of that section
and the substitution therefor of the following:–
"(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.
(b) The Mahopadyaya shall be the Accounting
Officer of the University, who shall comply with
4 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
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.";
(4) (a) by the deletion of the first paragraph of subsection
(4) of that section;
(b) by the renumbering of the second paragraph of
subsection (4) of that section as subsection (4)
thereof.
Amendment of 7. Section 8 of the principal enactment is hereby amended
section 8 of the
principal as follows:–
enactment.
(1) by the repeal of subsection (1) of that section,
and the substitution therefor, of the following:–
"(1) The first Registrar of the University
shall be appointed by the Minister for a period
of three years. The Council shall on the
recommendation of a selecting committee,
appoint every subsequent Registrar for a
period of five years, which may be renewed.
Where an officer in the public service shall be
appointed as the Registrar of the University
the concurrence of the Secretary to the
Ministry of the Minister in charge of the
subject of Public Administration and the
relevant officer shall be obtained.";
(2) by the repeal of subsection (3) of that section
and the substitution therefor of the
following:–
"(3) The Registrar shall be the
Assistant Accounting Officer of the
University.";
Buddhasravaka Bhikku University (Amendment) 5
Act, No 15 of 2012
(3) by the addition immediately after
subsection (5) of that section of the
following new subsection:–
"(6) The Registrar shall be responsible
to the Council for the safe custody of the
records and properties of the University.".:
8. Section 9 of the principal enactment is hereby Amendment
of section 9
amended in subsection (2) by the substitution for the words
of the
"finances of the University and maintenance of its accounts" principal
of the words "Finances of the University under the supervision enactment.
of the Registrar and for the maintenance of its accounts".
9. Section 11 of the principal enactment is hereby Amendment
of section 11
amended as follows:–
of the
principal
(1) by the substitution for the words "the Senate." of enactment.
the words "the Senate;";
(2) by the addition immediately after paragraph (iii)
thereof, of the following new paragraph:–
"(iv) a Board of the Faculty or Boards of the
Faculty.".
10. Section 14 of the principal enactment is hereby Amendment
of section 14
amended as follows:–
of the
principal
(1) by the repeal of subsection (1) of that section enactment.
and the substitution therefor, of the following:–
"(1) The Council of the University
(hereinafter referred to as the "Council") shall
be the executive and governing body of the
University and shall consist of the following:–
(a) ex-officio members–
6 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
(i) the Mahopadyaya;
(ii) the Dean of each Faculty;
(iii) two members of the academic staff
of the University elected from and
among the members of the Senate;
(iv) the Secretary to the Ministry of the
Minister in charge of the subject of
Buddha Sasana, or his nominee.
(v) the Secretary to the Ministry of the
Minister in charge of the subject of
Higher Education, or his nomine; and
(vi) the Secretary to the Ministry of the
Minister in charge of the subject of
Finance or his nominee.
(b) appointed members appointed by the
Minister–
(i) five learned Bhikkus who have
rendered distinguished service to the
Buddha Sasana; and
(ii) three lay Buddhists who have
rendered distinguished service to the
Buddha Sasana, and who have
experience in the fields of Financ,
Law and Administration."; and
(2) by the addition immediately after subsection
(9) thereof, of the following new subsection: –
"(10) Notwithstanding anything in this Act,
Buddhasravaka Bhikku University (Amendment) 7
Act, No 15 of 2012
the appointed members of the Council
who held office on the day immediately
preceding the date of coming into
operation of this section, shall continue
to hold such office for the unexpired
period from the date of coming into
operation of this section.".
11. Section 15 of the principal enactment is hereby Amendment
of section 15
amended in subsection (2) as follows:–
of the
principal
(a) by the repeal of parapraph (xii) of that subsection
enactment.
and the substitution therefor of the following
paragraph:–
"(xii) to appoint a Bhikku Students Council
which shall include representatives of
the Bhikku Students for the promotion
of the general well-being of the Bhikku
Students of the University. The
composition, powers, duties and
function of such Council shall be
prescribed by Ordinance;";
(b) by the addition immediately after paragraph
(xiv) of that subsection, of the following new
paragraphs:–
"(xv) to formulate the scheme of
recruitment and appointing
procedure to be applied to the staff of
the University to be on par with the
schemes of recruitment and
appointing procedures adopted in
other Universities established under
the Universities Act, No. 16 of 1978,
8 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
and to determine, from time to time,
the various grades of the staff and the
cadres of each grade;
(xvi) to determine, from time to time, the
remuneration to be paid to various
grades of the staff of the University
and other benefits to be granted to
such staff on the basis of the overall
salaries and remuneration principles
of other Universities established
under the Universities Act, No. 16 of
1978 and in consultation with the
Minister in charged of the subject of
Finance;";
(c) by the re-numbering of paragraphs (xv) and
(xvi) as paragraphs (xvii) and (xviii).
Amendment of 12. Section 16 of the principal enactment is hereby
section 16 of amended as follows:–
the principal
enactment.
(1) by the repeal of subsection (2) of that section and the
substitution therefor of the following subsection:–
"(2) The Senate of the University shall consist of
the following persons:–
(i) Mahopadyaya;
(ii) the Dean of each Faculty of the University;
(iii) the Head of each Department of Study;
(vi) the Librarian of the University;
(v) the every permanent Professor of the
University;
Buddhasravaka Bhikku University (Amendment) 9
Act, No 15 of 2012
(vi) one person from the teachers other than those
referred to above elected by the permanent
teachers of each Faculty from and among their
number;
(vii) three teachers appointed by the Council of the
University from among male Professors,
Associate Professors and Senior Lecturers of the
Departments of Buddhists Studies or Cultural
Studies of other Universities in Sri Lanka;
(viii) three persons appointed by the Council of the
University from among learned and
distinguished laymen or members of the clergy
who are not members of the staff of any
University.";
(2) by the insertion immediately after subsection (2)
thereof of the following new subsections:–
"(2A) Every elected or appointed member shall
hold office for a period of three years from the date
of his election or appointment, as the case may be:
Provided however, any member elected or
appointed vacates office on grounds of retirement,
resignation or being absent himself from three
consecutive meetings of the Senate or otherwise,
another member shall be elected or appointed, as
the case may be, in place of such member in
compliance with the provisions of paragraphs (vi),
(vii) and (viii) of subsection (2). Further, such
member shall hold office for the unexpired term of
office of his predecessor unless he vacates office
earlier.
(2B) Notwithstanding anything in this Act, the
appointed members, holding office on the day
immediately preceding the date of coming into
operation of this section, shall cease to hold such
office on the date of coming into operation of this
section:
10 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
Provided however, that the appointed members
who cease to hold such office shall be eligible for
reappointment.".
Amendment of 13. Section 17 of the principal enactment is hereby
section 17 of
amended as follows:–
the principal
enactment.
(1) in subsection (1) of that section–
(a) by the addition in paragraph (vi) thereof
immediately after the word "Council;" of the
words "after considering the reports from the
Faculty concerned;".
(b) in item (c) of paragraph (vii) thereof, by the
substitution for the words "Committee," of the
word "Committee;".
(c) by the addition immediately after sub paragraph
(c) in paragraph (vii) thereof of the following:–
"(d) to set up a Research and Publication
Committee,".
(2) by the addition immediately after subsection (1)
thereof of the following new subsection:–
"(1A) The Senate may with the approval of the
Minister, establish, from time to time, the Faculty or
Department of Studies, as the Senate deems necessary,
for the development of teaching, research and
extension programmes of the University to realize
the objects of the University.".
Insertion of new 14. The following new sections are hereby inserted
sections 18A,
18B, 18C and immediately after secftion 18 of the principal enactment and
18D of the shall have effect as sections 18A, 18B, 18C and 18D of that
principal
enactment:–
enactment.
"The Board of 18A. Every Faculty of the University
each Faculty. shall have a Board of the Faculty
Buddhasravaka Bhikku University (Amendment) 11
Act, No 15 of 2012
(hereinafter referred to as the "Board")
consisting of the following:–
(a) the Dean of the Faculty concerned;
(b) all Permanent Professors, Associate
Professors, Senior Lecturers and
Permanent Lecturers of the
Departments of Studies which
constitute the Faculty;
(c) two persons other than those referred
to in paragraphs (b) of this section
elected by the permanent academic
staff of the Faculty from and among
their numbers;
(d) two students elected by the students
of the Faculty from and among their
numbers; and
(e) three persons appointed by the Board
who excel in the fields of study
relevant to the Faculty and are not
members of the staff of the University.
Powers, duties and 18B. (1) Subject to the provisions of this
functions of the Act, the Board shall exercise, perform and
Board.
discharge the powers, duties and
functions:–
(a) to consider and report back any matter
referred to the Faculty by the Senate;
(b) to regulate subject to the control of
the Senate, all matters pertaining to
the teaching, examinations and
research activities of the Departments
of Study of the Faculty;
(c) to appoint committees which may
include non-members of the Faculty
12 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
to consider and report any special
subject or subjects;
(d) to submit to the Senate
recommendations and reports on study
courses and examinations of the
Faculty; and
(e) to recommend to the Senate the
suitable persons to be appointed as
invigilators.
(2) Each Faculty shall have a Dean and
he shall be a full time officer of the
University and shall be the academic and
administrative head of the Faculty. The
Board of each Faculty shall elect the Dean
from among the Heads of Departments of
Studies, which constitute the Faculty and
he shall cease to be the Head of the
Depatrment of Studies concerned upon his
election as the Dean:
Provided that the first Dean to be
appointed on the date of commencement
of this Act shall be appointed by the
Council on the recommendation of the
Mahophadyaya.
(3)(a) The Dean shall preside at every
meeting of the Board of the
Faculty ;
(b) The members elected under
paragraph (d) of section 18A
shall be excluded from the
business of any meeting of the
Board convened for matters
pertaining to the election of a
Dean and to decisions
concerning examinations and
Buddhasravaka Bhikku University (Amendment) 13
Act, No 15 of 2012
matters incidental thereto and
such meeting shall be deemed to
be a duly convened valid
meeting irrespective of such
exclusion.
(4) The Dean, shall hold office for a
period of three years from the date of his
election and shall be eligible for re-election
unless removed earlier from office.
(5) Where the Dean is temporarily
unable to perform the duties of his office
on account of ill health, absent on leave or
any other cause for a period of not more
than three months, the Mahopadyaya shall
appoint another to act in the place of the
Dean, during such period as the Head of a
Department of Study of that Faculty.
(6) Every member elected under
paragraph (d) of section 18A shall hold
office for a period of one academic year
from the date of his election and all other
elected members shall hold office for a
period of three years from the date of
election. Every such member shall be
elegible for re-election.
The Head of a 18C. (1) The Head of a Department of
Department of Study shall be a Professor, Senior Lecturer
Study.
or a Permanent Lecturer appointed by the
Council on the recommendation of the
Mahopadyaya:
Provided however, that where a Head of
any Department of Study is not appointed
by the Council, the Mahopadyaya may
appoint a Professor, an Associate Professor,
Senior Lecturer or Permanent Lecturer to
14 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
act as the Head of a Department of Study of
that Faculty for a period of one month from
the date of such appointment.
(2) The Head of a Department of Study,
subject to the provisions of any appropriate
instrument, shall hold office for a period of
three years from the date of his appointment
and shall be eligible for re-appointment
unless removed from office.
(3) Where the Head of a Department of
Study is temporarily unable to perform the
duties of his office on account of ill health,
absent on leave or any other cause for a
period not more than three months, the
Mahopadyaya shall appoint another
Professor, Associate Professor, Senior
Lecturer or a Permanent Lecturer to the
Department of Study concerned to act in
that post during such period:
Provided however, that where a Head of
any Department of Study is unable to
perform the duties of his office on account
of retirement, resignation or any other
cause, for a period more than three months,
the post of Head of the Department of
Study concerned shall be deemed vacant
and a new Head Department of Study shall
be appointed to such post in terms of
subsection (1).
Establishment of 18D. The Governing Council may, with
Faculties and the apporval of the Minister, establish,
Departments of from time to time, any Faculty or
Study.
Department of Study as the Governing
Council thinks necessary for the
development of teaching, research and
promotional programmes in order to fulfull
the objects of the University.".
Buddhasravaka Bhikku University (Amendment) 15
Act, No 15 of 2012
15. Section 23 of the principal enactment is hereby Amendment
amended in subsection (1) by the addition immediately at of section 23
of the
the end of that subsection of the words "If upon such principal
appointment, the teacher so appointed disrobes, he shall cease enactment.
to hold such office.".
16. Section 26 of the principal enactment is hereby Amendment of
amended by the substitution for the words "fifty fifth year" section 26 of
the principal
of the words "fifty-seventh year.". enactment.
17. The following new section is hereby inserted Insertion of new
immediately after section 57 of the principal enactment and section 57A to
the principal
shall have effect as section 57A of that enactment:– enactment.
"Council, Senate 57A. The Council, Senate and any other
and any other body established under this Act, in the
body to comply exercise, performance and discharge of
with rules and
their respective powers, duties and
regulations of the
University Grants functions under this Act, shall comply with
Commission. such rules and regulations as may from time
to time be made by the University Grants
Commission.".
18. Section 68 of the principal enactment is hereby Amendment
amended as follows:– of section 68
of the
(1) by the insertion immediately after the definition principal
enactment.
of the expression "the Council" of the following
definition:–
"University Grants Commission" means the
University Grants Commission established under
the Universities Act, No. 16 of 1978;";
(2) in the definition of "teacher", by the substitution
for the words "a teacher; and" of the words "a
teacher.";";
(3) in the definition of "the Council", by the
substitution for the words "the University." of
the words "the University; and".
19. In the event of any inconsistancy between the Sinhala Sinhala text
to prevail in
and Tamil texts of this Act, the Sinhala text shall prevail. case of any
inconsistancy.

16 Buddhasravaka Bhikku University (Amendment)
Act, No 15 of 2012
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