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| Buddhist And Pali University Of Sri Lanka |
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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 SKI LANKA AND ABROAD AND TO CONDUCT EXAMINATIONS IN BUDDHISM AND PALI AND FOR MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
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BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:
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| Act Nos, |
| 74 of 1981 |
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| 30 of 1983 |
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| 21 of 1986 |
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| 37 of 1995 |
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[15th December
, 1981 ]
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Short title and date of operation.
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1. This Act may be cited as the Buddhist and Pali University of Sri Lanka Act, No. 74 of 1981, and shall come into operation on such date as the President may appoint by Order published in the Gazette (hereinafter referred to as the “appointed date”).
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| ESTABLISHMENT OF THE BUDDHIST AND PALI UNIVERSITY OF SRI LANKA |
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Establishment of the Buddhist and Pali University of Sri Lanka.
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2.
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(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”).
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(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.
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Objects of the University.
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3. The Object of the University shall be-
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(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;
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(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;
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(iii)
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(a) the training of Bhikkhu students and lay students of the male sex in teaching Buddhism and Pali in prirvenas, schools and similar institutions;
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(b) facilitating the maintenance and improvement of ethical conduct and mental discipline of Bhikkhu students and all lay students of the male sex; and
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(c) any other matter connected with or incidental to, any of the matters.
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4. The University shall, subject to the provisions of this Act, have the following powers;-
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(i) to determine the courses which shall be provided therein and the degrees, diplomas and other academic distinctions which shall be awarded;
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(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;
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(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;
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Provided that, two thirds of the total number of students who are admitted annually shall be Bhikkhu students;
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(iv) to provide for instruction in any approved branch of learning subject to the provisions of section 7;
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(v) to hold examination for the purpose of ascertaining the persons who have acquired proficiency in different branches of learning;
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(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;
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(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 recognized by the University;
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(viii) to grant and confer degree, diplomas and other academic distinction to and on persons who have passed the external examination of the University;
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(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;
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(x) to institute and award research scholarship and make grants to deserving postgraduate research students for the furtherance of Buddhist and Pali education;
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(xi) to institute Professorships, Associate Professorships, senior lectureships or Lectureship and such other posts as may be required for the purpose of the University;
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(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
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(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;
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(xiv) to erect, equip and maintain for the purpose of the University, libraries and other buildings;
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(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;
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(xvi) to regulate and provide for the residence, discipline and well-being of teachers, officers and other employees of the University;
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(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;
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(xviii) to demand and receive such fees as may from time to time, be prescribed by regulation; and
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(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″.
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Distinctions of race, creed, class or religion prohibited.
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5. 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:
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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.
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Rights of female students.
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5A. 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.
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Compulsory subjects for examinations of the University.
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7. 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.
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| THE CHANCELLOR AND THE OFFICERS OF THE UNIVERSITY |
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8.
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(1) The Chancellor of the University shall, in rotation, be
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(a) the Mahanayaka There of the Malwatte Chapter of the SiamHikaya;
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(b) the Mahanayaka Thera of the Asgiriya Chapter of the Siam Nikaya;
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(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
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(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.
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(2) The Chancellor shall be the Head of the University, and shall, when present, preside at any Convocation of the University.
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(3) In the event of the death of, or vacation of office by, the Mahanayaka Thera holding the office of Chancellor, the Malia Nayaka Thera succeeding such Mahanayaka Thera shall hold the office of Chancellor for the unexpired period of the term of office of his predecessor.
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officers of the University.
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9. The officers of the University shall be the following :-
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(i) the Venerable Vice-chancellor;
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(ii) the Dean of each faculty; and
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(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.
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10.
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(1)
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(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.
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(b) No person shall be appointed as Venerable Vice-Chancellor of the University for more that two consecutive terms.
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(c) The Venerable Vice-Chancellor of the University may be removed by the President after consultation with the Minister.
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(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”.
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(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.
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(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.
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(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.
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(5) The Venerable Vice-Chancellor shall be the Accounting Officer of the University.
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(6) The Venerable Vice-Chancellor shall be responsible for the maintenance of discipline within the University. .
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(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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(8) If the Venerable Vice-Chancellor, by reason of leave, illness, absence form Sri Lanka, of other cause, is temporarily unable to perform the duties of his office, the Council shall, within fourteen 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 the routine duties of the office.
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(9) If any vacancy occurs in the office of the Venerable Vice-Chancellor, the Secretary shall make such arrangement as he may think fit for the performance of the duties of that office until a permanent appointment is made under subsection (1) (a).
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(10) Notwithstanding any thing in this Act the Venerable Vice-Chancellor holding office on the day preceding the date of coming into operation of this section, shall cease to hold office on such date.
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Provided, however that the Venerable Vice-Chancellor who so cease to hold office, shall be eligible for re-appointment.
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11.
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(1) The first Registrar of the University shall be appointed by the President. Every subsequent Registrar shall be appointed by the Council upon the recommendation of a selection Committee the composition of which shall be prescribed by rules. He shall be a Buddhist and a full-time officer of the University and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act of by any regulation.
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(2) The Registrar shall on behalf of the Council be responsible for the custody of the records and the property of the University.
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(3) The Registrar shall be the ex officio Secretary of the Council.
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(4) The Registrar shall be the Assistant Accounting Officer of the University.
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(5) The Registrar shall, subject to the direction and control of the Vice-Chancellor, be responsible, for the general administration of the University and the disciplinary control of its non-academic staff.
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12.
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(1) The first Librarian of the University shall be appointed by the President. Every subsequent Librarian shall be appointed by the Council upon the recommendation of a selection Committee, the composition of which shall be prescribed by rules. He shall be a full time officer of the University and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by this Act or by any regulation.
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(2) The Librarian shall, subject to the direction and control of the Vice-Chancellor, be responsible for the administration of the library of the University.
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13.
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(1) The first Bursar of the University shall be appoint-ed by the President. Every subsequent Bursar shall be appointed by the Council upon the recommendation of a Selection Committee the composition of which shall be prescribed by rules. He shall be a lay Buddhist and a full-time officer of the University and shall exercise, perform and discharge such powers, duties and functions as may be conferred or imposed on or assigned to him by or under this Act or by any regulation.
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(2) The Bursar shall, subject to the direction and control of the Registrar, on behalf of the Council, be responsible for the administration of the finances of the University and the maintenance of its accounts in such form and manner as may be prescribed by regulation and shall have the custody of the funds of the University.
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| THE AUTHORITY OF THE UNIVERSITY |
The Authority of the University.
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15. The Authorities of University shall be the following:-
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(iii) the faculty Board or Faculty Boards.
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16.
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(1) The council of the university (hereinafter referred to as “the council) shall be the executive body and the governing body of the University and shall, subject to the provisions of the paragraph (vii) consist of the following persons:-
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(i) the venerable Vice-Chancellor:
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(ii) The Dean of each Faculty;
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(iii) two members elected by the senate from among its members;
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(iv) the Secretary of the Ministry of the Minister incharge of the subject of Buddha Sasana or nominee of such Secretary
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(v) the Secretary of the Ministry of the Minister incharge of the subject of Higher Education or the nominee of such Secretary ;and
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(vi) such number of members as is equal to the total number of members appointed under paragraphs(i) ,(ii), (iii), (iv), and (v) increased by one. All such members (hereinafter referred to as “appointed members”) shall be appointed by the Minister from among persons who have rendered distinguished service in educational, financial, legal and administrative spheres.
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Not less than fifty per centum of the total number of members of the Council shall be Bhikkhu.
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(2) The Chairman of the Council shall be the Venerable Vice-Chancellor who shall preside at all meetings of the Council If the Chairman is unable to preside at a meeting, the members shall elect any member present to preside at such meeting.
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(3) subject to the provisions of subsection (4). Any appointed member or elected member of the Council shall, unless he vacates office earlier, hold office for a term of three years reckoned from the date of his appointment or election, as the case may be and shall unless removed from office , be eligible for re-appointment or reelection;
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Provided, however, that if any appointed member or elected member vacates office prior to the expiry of his term of office, his successor shall unless he vacates his office earlier, hold office for the unexpired portion of the term of office of his predecessor.
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(4)
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(a) Any appointed member or elected member of the Council may resign his office by writing under his hand addressed to the Minister or to the Venerable Vice-Chancellor of the University, as the case may be.
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(b) notwithstanding any thing in this act the appointed members of the Council holding office on the day preceding the date of coming into operation of this section shall, upon the date of coming into operation of this section, cease to hold office as such members;
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Provided, however, that any appointed member who so ceases to hold office, shall be eligible for re-appointment” ;and
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(5) An appointed member of the Council who, without leave from the Council, absents himself from three consecutive meetings of the Council, shall be deemed to have vacated-his office as a member of the Council and the Minister shall appoint a fit person to fill the resulting vacancy.
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(6) A member of the Council shall not be entitled to any remuneration but may be paid such allowance as the Minister may determine in consultation with the Minister in charge of the subject of finance.
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(7) The quorum for a meeting of the Council shall be one-third of its total membership.
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(8) The Council shall meet whenever necessary so how ever that it meets on not less than ten occasions in a year..
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(9) The Chairman of the Council shall, whenever he thinks necessary or within one week upon the receipt by him of a written requisition from not less than one-third of the total membership of the Council, convene a special meeting of the Council.
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Powers, duties and functions of the Council.
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(1) Subject to the provisions of this Act, the Council shall exercise, perform and discharge the powers, duties and functions conferred or imposed on, or assigned to,’ the University.
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(2) Without prejudice to the generality of the powers conferred upon it by subsection (1) the Council shall exercise, perform and discharge the following powers, duties and functions :
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(i) to hold, control and administer the property and funds of the University ;
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(ii) to select a coat of arms for the University, and to determine the form, to provide for the custody and to direct the use, of the common seal of the University;
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(iii) to regulate and to determine, all matters concerning the University in accordance with the provisions of this Act and of any regulations;
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(iv) to administer any funds placed at the disposal of the University for specific purposes ;
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(v) to receive and accept bequests, donations and grants of property to the University;
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(vi) to consider, and if necessary amend, and adopt the annual report and the annual accounts of the University and to subtract such report and such accounts to the Minister;
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(vii) to recognize and register institutions outside Sri Lanka. Subject to such condition as may be prescribed by by-laws for the purpose of providing courses of study approved for the external examination of the University ;
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(viii) to prepare the financial estimates of the University ;
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(ix)
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(a) to formulate schemes of recruitment and procedure for appointment of the staff of the University in conformity with the schemes of recruitment and procedure for appointment of other national Universities and to determine from time to time the various grades of staff and the number comprising each of such grades; and
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(b) to determine from time to time within the ever all wage and salary policies of the other national University, the remuneration that should be paid to different grades of staff of the University and the nature and extent of the other benefits that the staff should receive;
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(x) to make by-laws, rules and regulations on matters in respect of which by-law, rules and regulation are authorized to be made;
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(xi) to provide furniture, equipment and other material needed for carrying on the work of the University;
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(xii) to appoint examiners whether from the staff of the university or otherwise, after consideration of the recommendation of the Senate, and to determine any fees which may be paid to such examiners;
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(xiii) to appoint persons to, and suspend dismiss or otherwise punish persons in the employment of the University;
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Provided that, except in the case of officers and teachers, these powers may be delegated to the Venerable Vice-Chancellor;
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(xiv) to determine the academic dress or insignia, or both, of the Chancellor, the officers, and the graduates of the University;
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(xv) to appoint a Board of Welfare, which shall include representative of the students, for the promotion of the general well-being of the students of the University. The compunction, powers, duties and functions of such Board shall be prescribed by by-lawa; and
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(xvi) to exercise all other powers of the University for the exercise of which no other provision in made this Act: Provided that, no resolution shall be passed by the council in relation to any academic matter unless the Senate has first been given an opportunity of recording and transmitting to the Council its opinion thereon. In this section’ academic matter’ means any matter which is subject to the Control and general direction of the Senate.
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Appointment of ad hoc committees,
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18. The Council may, from time to time, appoint ad hoc Committees, for specified purposes consisting of such number of members of the Council or other persons, or both with such powers, duties and functions as may be determined by the Council.
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18A.
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(1) The University shall have a Senate which shall be the academic authority of the University.
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(2) The Senate of the University shall Consist of the .following persons:
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(a) the Venerable Vice-Chancellor;
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(b) the Dean of each Faculty;
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(c) the Head of each Department of study;
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(e) every permanent Professor of the University;
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(f) two teachers, other than those referred to in the preceding paragraphs, elected by the permanent teachers of each Faculty from among their number; and
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(g) five teachers appointed by the Council from among Professors, Associate Professors and Senior Lecturers of the Departments of Buddhist studies and Cultural studies of other Universities of Sri Lanka.
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(3) Each elected or appointed member shall hold office for a period of three years reckoned from the date of his election or appointment as the case may be:
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Provided, however, that where an elected or appointed member retires or resigns, or otherwise vacates office by reason of absenting himself from three consecutive meetings of the Senate, another member shall be elected or appointed in his place in accordance with the provisions of paragraphs (f) and (g) of subsection (2) and such other member shall, unless he vacates office earlier, hold office for the unexpired period of the term of office of his predecessor.
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(4) The quorum for a meeting of the Senate shall be one fourth of its membership.
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(5)The Senate shall have control and general direction of instruction, education, research and examinations in the University.
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(6) Subject to the provisions of this Act and without prejudice to the generality of the powers conferred upon it by subsection (5) the Senate shall exercise, perform and discharge the following powers, duties and functions:
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(a) to draft, after consideration of reports from the faculty or the Faculties concerned, regulations relating to courses of study and examinations, with the concurrence of the Council;
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(b) to recommend to the Council, after Consideration of reports from the – Faculty or the Faculties concerned, the names of persons suitable for appointment as examiners;
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(c) to recommend to the Council, the institution, abolition or suspension of Professorships Associate Professorships, Senior Lectureships, Lectureships, and other academic posts in the University;
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(d) to recommend to the Council, after consideration of report from the Faculty or the Faculties concerned
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(i) Schemes for the re-organization of existing Faculties and Departments of study and the organization of new Faculty and Departments of study; and
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(ii) the assignment of subjects of study to the respective faculty-
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(e) to appoint such number of Standing Committees, or ad-hoc Committee or Boards of the Senates as It may deem fit, and in particular, but without prejudice to the generality of the preceding provisions of this subsection to appoint:
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(ii) a Research Committee;
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(iii) a Curriculum and Evaluation Committee; and
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(iv) a Probationary Study Leave Committee, and to specify their terms of reference, to consider their reports and to either approve suck reports, whether with or without modification, or to reject suck reports.
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18B.
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(1) Each Faculty of the university shall have a Faculty Board which shall consist of the following persons:
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(a) the Dean of that Faculty;
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(b) all permanent Professors, Associate Professors, Senior Lecturers and Lecturers of the Departments of Study comprising the Faculty;
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(c) two members elected by the permanent” Assistant Lecturers of the Faculty from among their number;
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(d) two members of the permanent staff Imparting Instruction in the Faculty excluding those referred to in paragraphs (b) and (c), elected from among their number;
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(e) two students elected by the student the Faculty from among the number; and
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(f) three persons not being members of the staff of the University elected by the Faculty Board, from among persons of eminence in the areas of study relevant to the Faculty.
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(2) A member elected under paragraph (c) of subsection (1) shall hold office as ft member for a period of one year, and any other elected member for a period of three years reckoned from his date of election, all such members being eligible for re-election.
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(3) Subject to the provisions of this a Faculty Board shall exercise, perform and discharge the following powers, duties and functions :
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(a) to consider and report on any matter Referred to it by the Senate;
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(b) subject to the control of the Senate, to regulate matters connected with teaching, examinations and research in the Departments of study in the Faculty;
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(c) to appoint committees, which may Include persons other than members of the Faculty, for the purpose of considering and reporting on any special subject or subjects;
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(d) to present recommendations and reports to the Senate on all matters connected with the courses of study and examinations in the Faculty and
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(e) to recommend to the Senate, persons suitable for appointment as examiner
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(4)
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(a) The dean shall preside at all meetings of the Faculty Board; end
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(b) The members elected under para-graph (e) of subsection (1) shall be excluded from the proceeding of any meeting of the faculty board relating to the election of the Dean under section 18c of this act. and to examination; and connected matter and-any such meeting shall notwithstanding in, such exclusion, be deemed to have been, duly held.
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The Deans of the faculties.
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18C.
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(1) There shall be a Dean of each Deans of the Faculty who shall be a full time officer c Faculties University and the academic and administrative head of that Faculty. The Dean be elected by the Faculty board from the Head of the Departments of Study comprising such Faculty, and shall,” when elected cease to be the Head of the Department of Study
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(2) The Dean shall, subject to the provisions of any appropriate Instrument, office for a period of three years reckoned from the date of this elections and shall, less retrieved from office,’ be eligible for
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(3) Where owing to leave of illness or other cause the Dean of a Faculty is temporarily unable to perform the duties of his office for a period not exceeding three months, the Venerable Vice-Chancellor shall appoint another Head of Department of that Faculty “to act in the of Deed. for such period:
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Where however, a Dean of a Faculty retires or resigns or is for any other reason unable to perform the duties of his office for a period exceeding three months, the post of dean of that faculty shall be deemed to vacant and a new Dean shall be elected in accordance with the provisions of sub section(1).
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The Head of a Department.
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18D.
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(1) The Head of a Department of study shall be professor association. senior Lecturer or Lecture appointed by the council upon–the recommendation of the venerable Vice Chancellor:
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Provided that, where the Head of a it of Study has not-been appointed by council, that Venerable vice chancellor may appoint a Professor, Associate profession-Senior lecturer or Lecturer to act to the post of Heed of Department for a period not exceeding one month reckoned from the date of his appointment.
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(2) The Head of a Department shall, subject to the provisions of any appropriate Instrument, hold office for a period of three years reckoned from the date of his appointment and shall, unless removed from office, fee eligible for re-appointment.
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(3) Where owing to leave of absence ill ness, or any other course the Head of a Department is temporarily unable to perform the duties of his office for a period net exceeding three months, the Venerable Vice Chancellor shall appoint another Professor, Associate Professor, Senior Lecturer or Lecturer of that Department to act in the post of Head of Department for such period. Where however a Head of a Department retires or resigns, or is for other reason unable to perform the duties of his office for a period exceeding three months the post of Head of Department shall be deemed to be vacant and a new Head of Department shall be appointed in accordance with the provisions of subsection (1).
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Establishment of Faculties and Department.
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18E. The Council may, from time to time with the approval of the Minister establish any Faculty or Department of study as it may deem necessary for developing its reaching, research and extension programme for the attainment of the object of the University .
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| CONVOCATIONS OF THE UNIVERSITY |
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Holding of the convocation University.
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19.
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(1) The University shall hold, once in every year on such date as may be approved by the Chancellor, a Convocation for the purpose of conferring degrees:
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Provided that the holding of the Convocation during the first three years from the appointed date shall be at tile discretion of the Chancellor :
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Provide, further that the University may hold a Special Convocation at such other, time as, the Chancellor may determine.
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(2) The procedure of a Convocation shall be prescribed by regulation.
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(3) The Chancellor shall when present, preside at a Convocation. In his absence the Vice-Chancellor shall preside at the Convocation.
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| APPOINTMENTS TO THE STAFF |
Appointment to the staff to be made by the Council.
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20.
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(1) Subject to the provisions of subsection (2), every appointment to the staff of the University shall be made by the Council in accordance with the scheme of recruitment -and the procedure for appointment prescribed by rule.
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(2) The Council shall in accordance with the schemes of recruitment and the procedure for appointment prescribed by rule make the following appointments to the staff of the University:
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(i) appointment to a post of officer except where other provision has been specifically made under this Act in respect of that post;
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(ii) appointment to posts of teacher or any other posts as may be prescribed by rules; and
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(iii) appointments to such posts as may be prescribed by rule involving the promotion of the appointee from one grade or class of post to another.
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Probationary period of teachers.
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21. Every appointment to a post of teacher shall in the first instance, be for a probationary period of three years, which period may be extended by the Council of the University by one year a time for a further period not exceeding five years.
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Age of retirement of teachers.
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22. A teacher who has been confirmed in his post shall continue in that post until he has completed his sixty-fifty year, for if he completes his sixty-fifty year in the course of an academic year, until the last day of such academic year, and shall thereafter be deemed to have retired from service;
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Provided however that any such teacher nay at any time be suspended, by the Venerable Vice -Chancellor pending inquiry by the Council of the University, for misconduct inefficiency or dereliction of duty or be dismissed or compulsorily retired, if found guilty after such inquiry, on a resolution adopted by the Council
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Confirmation after period of probation.
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23. Every appointment to a post other than that of teacher, shall in the first instance be for a probationary period of tree years and shall thereafter be subject to confirmation by the Council except where such appointment is by reason of a promotion from a post other than that of teacher to another post other than that of teacher:
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Provided that a persons whose appointment to a post other that that of teacher in the University has been confirmed is subsequently appointed otherwise that by may of promotion to another post other than that of teacher in the university his subsequent appointment shall, in the first instance, be for a probationary period of one year and shall thereafter be subject to confirmation of council.
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23A. The holder odd ant post other that that of teacher may continue in office until he complies his fifty-fifth year and shall thereafter be deemed to have voluntary retired from service;
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Provided, however, that the holder of any such post may upon written request made by him, be given by the Council of the University, extension of service for a period of one year at a time until be completed his sixtieth year, and shall thereafter be dammed to have retired;
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Provided further that the holder of any such post may at any time be suspended, by the Venerable Vice-Chancellor pending an inquiry by the Council of the University for misconduct, inefficiency or dereliction of duty or be dismissed or compulsory retired, if found guilty after such inquiry, on a resolution adopted by the Council.
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Appointment of public officers and servants of the Local Government Service or of any local authority to the staff of the University.
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24.
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(1) At the request of the Council, any officer in the public service may, with the consent of that officer and of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the University for such periods as may be determined by the Council with like consent, or with like consent be permanently appointed to such staff.
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(2) The provisions of section 13(2) of the Transport Board Law, No. 19 of 1978, shall mutatis mutandis, apply to and in relation to any officer in the public service who is temporarily appointed to the staff of the University and the provisions of section 13 (3) of that Act shall, mutatis mutandis, apply to and in relation to any officer in the public service who is permanently appointed to such staff.
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(3) Where the Council employs any person who has, entered into a contract with the Government by which he has agreed to serve the Government for a specified period, any period of service to the University by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.
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(4) At the request of the Council, any officer or servant of the Local Government Service or of any local authority may, with the consent of that officer or servant and the Local Government Service Advisory Board or the local authority, as the case may be, be temporarily appointed to the staff of the University for such period, as may be determined by the Council with like consent, or with like consent be permanently appointed to the staff of the University on such terms and conditions including those relating to pension and provident fund rights as may be agreed upon by the “Council and the Local Government Services Advisory Board or local authority, as the case may be.
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(5) Where any officer of the public service or officer or servant of the Local Government Service or of any local authority is temporarily appointed to the staff of the University, he shall be subject to the same disciplinary control as any other member of such staff.
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Appointment officers and servants of Higher Educational Institutions to the staff of the University.
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25.
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(1) At the request of the Council, an officer, Lecturer, Professor, Associate Professor, or servant in the service of any Higher Educational Institution established or deemed to be established under the Universities Act, No. 16 of 1978, may, with the consent of that officer, the University Grants Commission and the governing authority of that Institution, be temporarily appointed to the staff of the University for such period as may be determined by the Council with like consent, or with like consent be permanently appointed to such staff.
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(2) Where any officer in the service of any Higher Educational Institution established or deemed to be established under the Universities Act, No. 16 of 1978, is; temporarily appointed to the staff of the University, he shall be subject to the same disciplinary control as any other member of such staff.
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| BUDDHIST AND PALI UNIVERSITY OF SRI LANKA PROVIDENT FUND |
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Establishment of the Buddhist and Pali University of Sri -Lanka Provident Fund.
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26. The University shall establish a fund to be called and known as the ” Buddhist and Pali University of Sri Lanka Provident Fund ” (hereinafter referred to as the ” Provident Fund”).
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Regulation of the Provident Fund.
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27. The Council may make regulations for the control, administration and management of the Provident Fund and for all matters connected therewith or incidental thereto.
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Contribution to the Provident Fund.
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28.
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(1) Every member of the staff, other than those members excluded by regulation, shall from the date of his employment contribute to the Provident Fund, by means of equal monthly deductions from his salary, an amount equal to ten per centum of his earnings, and the University shall in addition, out of its fund, at the same time, contribute to the Provident Fund in respect of every contributor a sum equal to fifteen per centum of the earnings of that contributor or such other sum as the Council may determine.
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(2) The Bursar shall open and keep a general account for the Provident Fund and a separate account in respect of each contributor to that Provident Fund. An contributions made by a contributor to the Provident Fund and all contributions made by the University to the Provident Fund in respect of that contributor shall be placed to the credit of the account of that contributor in the Provident Fund.
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(3) The amount lying to the credit of the account of a contributor shall, subject to the provisions of any regulation made by the Council in that behalf, accumulate, at compound interest at a rate to be fixed by the Council in consultation with the Minister in charge of the subject of Finance, until the day on which that contributor ceases to be a contributor in accordance with the regulations made by the Council and the account of that contributor shall be closed on that day. Where the accumulated sum lying to the credit of a contributor is not paid within a period of three months from the date the account was closed, interest at the same rate as provided in this section shall he paid up to the last day of the month preceding that in which the full amount lying to his credit is paid :
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Provided that, interest accruing after the date on which his account is closed shall not be paid where the delay in the payment of such amount to such contributor was due to any fault of the contributor.
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Repayments to contributors.
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29.
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(1) The amount payable to any contributor as provided in section 28 (3), shall, subject to the provisions of section 28, be paid to him by the Bursar.
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(2) Where a contributor ceases to be employed by the University prior to the date on which he ceases to be a contributor under section 28 (3) either on account of ill health or incapacity or on account of the abolition of the post in which he is employed, or voluntarily retires from the service of the University, the Bursar shall, subject to the provision of section 28, pay to that contributor the full amount which has accumulated to the credit of his account in the Provident Fund at the date on which he so ceased to be employed.
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(2A)
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(a) A contributor may nominate a person (thereinafter in this section referred to as a nominee”)to whom the monies lying to the credit of the contributors account in the provident fund shall be paid upon the death of such contributor-
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(b) A nomination made under paragraph(a) shall have effect notwithstanding anything to the contrary in the last will of the contributor.
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(c) A nomination made under paragraph (a) shall be deemed to be revoked, by the death of the nominee in the life time of the contributor or by written notice of revocation signed by the contributor in the presence of a witness who shall attest the signature of the contributor or by any subsequent nomination made by the contributor.
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(d) No monies lying to the credit of the account of a contributor in the provident fund shall be paid to any nominee of such contributor, unless the nominee satisfies the Bursar of the University as to his identity.
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(e) The handing over of any monies lying to the credit of the account of a contributor in the provident fund to the nominee of such contributor upon the death of such in contributor, shall be a complete discharge of the obligation of the University in respect of such monies; and
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(3) Where a contributor is dismissed from the service of the University prior to the date on which he ceases to be a contributor under section 28 (3) the Bursar shall, subject to. the provisions of section 30, pay to that contributor the full amount lying to the credit of his account in the Provident Fund together with the accumulated interest thereon up to the state of his dismissal.
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(4) Where a contributor dies while in the service of the University the Bursar of the University shall to the provisions of section 30, pay the full amount lying to the credit of his account in the provident fund, together with the accumulated interest thereon to the nominee or nominees nominated under subsection (2A) or an the absence of valid nomination to the persons or persons lawfully entitled to such amount.
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Deductions from Provident Fund payment
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30. Notwithstanding anything to the proceeding provision of this part and without prejudice to any other right or remedy-
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(a) the quantum of any loss or damage sustained by the university by reason of the dishonesty neglegence of a contributor at any time during the period of his employment by the University:
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(b) Payments due on any loan taken by the contribution from the University or the Government, as the case may be; and
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(c) the dues under any bond, agreement or other instrument executed by the contributor under the provisions of which he agrees that such dues shall be a charge on the amount lying to his credit in the provident fund.
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shall be a first charge upon the amount lying to the credit of the account of that contributor in the provident fund, and such quantum, payment and dues may be deducted at the time when any provisions of section 29″.
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Financial year.
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31. The financial year of the University shall be the same as the financial year of the Government
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The University Fund.
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32. The University shall have a fund called the Buddhist and Pali University Fund, into which shall be paid
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(a) fees to be paid to the University in accordance with the provisions of any regulation;
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(b) income from endowments ;
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(c) moneys provided by Parliament as grants;
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(d) all other moneys belonging to the University from whatever source derived.
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Grants in aid of University.
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33.
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(1) The Deputy Secretary to the Treasury shall, as soon as may be practicable after the commencement of each financial year, pay to the University such sums of money as may be provided by Parliament by way of annual appropriation, supplementary vote or otherwise as a grant’ or grants in aid of the University.
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(2) All moneys paid to the University under the preceding subsection shall be applied or expended by the University for all or any of the purposes authorized by this Act.
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Duties of Bursar.
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34. It shall be the duty of the Bursar of the University
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(a) to keep the accounts of the University in such form and manner as may be prescribed by regulation;
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(b) to receive all moneys paid into the Buddhist and Pali University Fund and to credit such moneys to the proper heads of accounts,;
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(c) to make all authorized payments ; and
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(d) to prepare for the Council the annual financial appropriations of the ensuing financial year, and any supplementary estimates: Provided, however, that income derived from grants made for specific purposes or from endowments for specific objects shall be separately accounted for in the accounts of the University, and no payment shall be made from such income for the general purposes of the University or for any purposes or objects other than those for which such grants or endowments; were respectively made.
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The Council to consider annual estimates and annual appropriations.
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35. The annual estimates, annual appropriations and annual accounts of the University shall be considered by the Council and it shall be lawful for the Council by resolution to adopt or amend such estimates and appropriations as it thinks fit.
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Supplementary estimates.
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36. In case of necessity in order to meet unforeseen expenditure it shall at any time be lawful for the Bursar to prepare supplementary estimates of expenditure and for the Council to pass such estimates :
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Provided that such supplementary estimates shall not exceed the grant voted by Parliament for the financial year and no financial liability of a recurrent nature shall be incurred without the prior approval of the Minister in charge of the subject of Finance.
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Transfer of funds from one vote to another.
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37. It shall be lawful for the Council in case of necessity to transfer funds from one vote to another of the annual estimates subject to the approval in writing of the Treasury.
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Audit of accounts.
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38. The provisions of Article 154 of the Constitution relating to the audit of the accounts of public corporations shall apply to the audit of the accounts of the University.
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Exemption of the University from rates.
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39.
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(1) The University shall be exempt from the payment of any rates to any local authority.
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(2) The provisions of this section shall have effect notwithstanding anything to the contrary in any other written law.
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| UNIVERSITY STUDENT UNION AND OTHER ASSOCIATIONS[§ 23,37 of 1995] |
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39A.
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(1)
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(i) the University shall have a University Students Union.
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(ii) Each Faculty of the University shall have a Faculty Students Union.
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(iii) The mode of conducting elections of the office bearers of the Unions referred to in the preceding paragraph and the duties and functions of such office-bearers shall be prescribed by regulations
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(2)
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(i) The council may recognizes any union, society or other association of students of the University established for the sole purpose of furthering academic or social objectives, provided that the membership of such union. Society, to other association is limited to students of the University;
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(ii) The council may prescribed by regulations, the mode of regulation of unions, societies and other associations recognized under paragraph (i), their functions, the mode of conducting elections for the appointment of their office-bearers and the duties and functions of such office-bearers.
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(3) The Council may, from time to time allocate to the University Students Union, the Faculty Students Unions any union society or other association of the university referred to in subsection (1) and (2) such sums of money as may be deemed necessary be the Council for their approved activities.
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(4) If any union or society or other association of the University conducts itself in a manner, which in the opinion of the Venerable Vice-Chancellor of the University is detrimental or prejudicial to the good name of the University, obstructs the proper administration of the University or acts in contravention of this Acts any appropriate instrument, the Venerable Vice -Chancellor may suspend or dissolve such union, society or other association as the case may be.
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| POWERS OF THE MINISTER[§ 23,37 of 1995] |
Powers of the Minister &c.
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39B.
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(1) The Minister may, from time issue to the Council such general written directions as he may deem necessary in pursuance of national policy in matter such as finance, university places and medium of instruction, to enable him to discharge effectively his responsibilities. Every such direction shall as soon possible be tabled in Parliament.
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(2)
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(a) The Minister may by order published in the Gazette appoint any person by name or office to be a Specified Authority for the purpose of this Part of this Act.
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(b) Specified Authority may with the approval of the Minister delegate any of his powers to such standing committees or adhoc committee consisting of such number of members as may be determined by the Specified authority or any officer or servant appointment by such Authority.
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(c) For the purpose of enabling him to discharge effectively his responsibilities, the Minister may order all or any of the activities, or the administration of the University, to be investigated and reported upon by the Specified Authority.
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(3) Where the Minister is satisfied that the situation prevailing in the university is likely to endanger national security or is detrimental or prejudicial to national policy, he may direct the Council to take all such steps as he may deem necessary to bring such situation under control.
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(4) Where the Minister is satisfied that, due to any strike or lockout or any other cause, the work or administration of the University has been seriously dislocated and that the authorities of the University have failed to restore normal conditions, the Minister may take all such measures as may be necessary to ensure the restoration of normal conditions in the University. Pending the restoration of normal conditions the Minister may, by order published in the Gazette, make all such provisions as be may deem necessary in respect of all or any of the following matters relating to the University:-
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(a) the closure of the University;
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(b) the appointment of any person by name or by office, to be a competent authority for the purpose of exercising performing or discharging in lieu, of any officer, authority or other body of the University, any power, duty or function conferred or imposed on or assigned to such other authority to body under this Act or any appropriate instrument; and
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(c) any other matter connected with or relating to any of the matters aforesaid.
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(5) Any order made by the Minister under subsection (4) shall come into force on such date as may be specified therein. Any such order shall as soon as possible thereafter, be tabled in Parliament and shall, unless earlier rescinded, remain in force for a period not exceeding three month thereafter.
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Indemnity for acts in good faith.
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40.
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(1) No suit or prosecution shall be instituted against any member of the Council or against any officer, servant or agent of the University appointed for the purposes of this Act for any act which is in good faith done or purported to be done by such person under this Act on the direction of the Council.
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(2) Any expense incurred by the University in any suit or prosecution brought by or against the University before any court shall be paid out of the funds of the University and any costs paid to, or recovered by, the University, in any such suit or prosecution shall be credited to the funds of the University.
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(3) Any expense incurred by any such person as is referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Act or on the direction of the Council shall, if the court holds that such act was done in good faith, be paid out of the funds of the University unless such expense is recovered by him in such suit or prosecution.
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Vacancies or defects not to invalidate resolutions or proceedings.
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41. No act, resolution or proceeding of the Council shall be invalidated merely by reason of the existence of a vacancy or of vacancies among its members, or any defect or defects in the appointment of such member or members thereof.
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Gifts & c.
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42. The University shall not grant any bonus or make any bonus or make any gift or donation of money, other than a death gratuity to or between any of its members, except in accordance with this Act or any regulation.
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No writ to issue against person or property of a member of the University.
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43. No writ against person or property shall be issued against any member of the Council or any officer or servant of the University in any action brought against the University.
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Officers and servants of the University deemed to be public servants under the Penal Code.
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44. All officers and servants of the University shall be deemed to be public servants within the meaning and for the purposes of the Penal Code.
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University deemed to be a scheduled institution within the meaning of the Bribery Act.
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45. The University shall be deemed to be a scheduled institution within the meaning of the Bribery Act and the provisions of that Act shall be construed accordingly.
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And Rules. Regulations. By Laws.
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46.
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(1)
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(a) By-laws may be made by the Council for matters in respect of which By-laws are authority to be made.
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(b) No By-laws shall be made by the Council in respect of any matter relating to or connected with the teaching in, or the examination of, the University, unless a draft of such By-laws has been prepared and submitted to the Council by the Senate.
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(c) Every By-laws made by the Council shall published in the Gazette and shall come into force on such date as may be specified therein.
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(2) Regulation may be made by the Council or Senate of the University, as the case may be, in regard to any matter in respect of which regulations are authorised to be made
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(3) Any authority or other body of the University may make rules-
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(a) for all matters which under the provisions of this Act, or of any appropriate instrument, are to be or may be prescribed by rules;
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(b) for all matters in respect of which under the provisions of this act, or of any appropriate Instrument rules are required or authorised to be made;
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(c) for all other matters solely concerning any authority or other body of the University and not provided for by this Act, or any appropriate instrument ;and
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(d) any rule made by any authority or other body of the university may at any time, be amended added to, varied or rescinded by a like rule made by such authority to other body.”
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48. In this Act, unless the context otherwise requires-
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“Teacher’ means Professor, Associate professor, Senior Lecturer, Lecturer, Deputy Librarian, Senior Assistant Librarian and Assistant Librarian;
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“Appropriate Instrument” means any order, by-laws, regulation or rule made in accordance with the provisions of this Act ;and
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“Secretary” means the Secretary to the Ministry of the Minister in charge of the subject of Higher Education.’
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