Buddhist And Pali University Of Sri Lanka

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

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

(i) the propagation of the Buddha Dharma;

(ii) the promotion of Pali studies in Sri Lanka and abroad ; and

(iii) the conduct of examinations for private students and students of affiliated colleges which have as their aims, one or more of the following:

(a) to register students of affiliated colleges and private students for the purposes of examinations conducted by the University;

(b) to grant and confer degrees, diplomas and other academic distinctions to and on persons who have passed the examinations of the University ;

(c) to institute and award research scholarships and make grants to deserving post graduate research students for the furtherance of Buddhist and Pali education;

(d) to institute Professorships, Associate Professorships, posts of examiners and such other posts as may be required for the purposes of the University;

(e) to hold examinations for enabling those who are students of any affiliated college in Sri Lanka or abroad and private students to obtain degrees, diplomas and other academic distinctions of the University;

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

(g) 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 regulations of the University to sell, assign, exchange or otherwise dispose of the same;

(h) to recognize suitable educational institutions as affiliated colleges for conducting approved courses for examinations of the University;

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

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

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

(l) to assist students of affiliated collages to obtain loans from banks and other agencies in accordance with regulations providing for the same;

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

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

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

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

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

(i) the Vice-Chancellor;

(ii) the Registrar;

(iii) the Librarian;

(iv) the Bursar and

(v) 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.

(1)

(2) The 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 Vice-Chancellor shall preside at the meetings of the Council. The Vice-Chancellor shall be entitled to convene, be present and speak at any meeting of the Council.

(3) It shall be the duty of the 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.

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

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

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

(7) The 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.

(8) If the 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.

(1) The first Registrar of the University shall be appointed by the President. Every subsequent Registrar shall be appointed by the Council. 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.

(2) The Registrar shall on behalf of the Council be responsible for the custody of the records and the property of the University.

(3) The Registrar shall be the ex officio Secretary of the Council.

(4) The Registrar shall be the Assistant Accounting Officer of the University.

(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.

(1) The first Librarian of the University shall be appointed by the President. Every subsequent Librarian shall be appointed by the Council. 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.

(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.

(1) The first Bursar of the University shall be appoint-ed by the President. Every subsequent Bursar shall be appointed by the Council. 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.

(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.

(1) The Council of the University (in this Act referred to as “the Council”), shall be the executive and governing body of the University and shall consist of the Vice-Chancellor and fourteen other members, appointed (hereinafter referred to as ” appointed members “) by the President, of whom nine members shall be Bhikkhus.

(2) The Chairman of the Council shall be the 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.

(3) Subject to the provisions of subsection (4), any appointed 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 and shall, unless, removed from office, be eligible for reappointment:

Provided, however, that if any appointed member vacates his office prior to the expiry of his term, his successor shall, unless he vacates his office earlier, hold office for the un-expired period of the term of office of his predecessor.

(4) An appointed member of the Council may resign his office by writing under his hand addressed to the council.

(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 President shall appoint a fit person to fill the resulting vacancy.

(6) A member of the Council shall not be entitled to any remuneration but may be paid such allowance as the President may determine in consultation with the Minister in charge of the subject of finance.

(7) The quorum for a meeting of the Council shall be one-third of its total membership.

(8) The Council shall meet whenever necessary so how ever that it meets on not less than ten occasions in a year..

(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.

(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.

(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 :

(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:

Provided that the holding of the Convocation during the first three years from the appointed date shall be at tile discretion of the Chancellor :

Provide, further that the University may hold a Special Convocation at such other, time as, the Chancellor may determine.

(2) The procedure of a Convocation shall be prescribed by regulation.

(3) The Chancellor shall when present, preside at a Convocation. In his absence the Vice-Chancellor shall preside at the Convocation.

(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 regulation.

(2) The Council shall in accordance with the schemes of recruitment and the procedure for appointment prescribed by regulation make the following appointments to the staff of the University:

(1) Every appointment to a post, other than that of an examiner, shall in the first instance, be for a probationary period of three years, and shall thereafter be subject to confirmation by the Council.

(2) Every appointment to a post of examiner and the terms and conditions of service shall be in accordance with regulations made in that behalf by the Council.

(1) The holder of any post other than that of examiner, may at any time be suspended by the Vice-Chancellor pending an inquiry by him for misconduct, inefficiency or dereliction of duty.

(2) The Vice-Chancellor may, upon the completion of an inquiry under subsection (1), recommend to the Council that any person found guilty of misconduct, inefficiency or dereliction of duty, be dismissed or compulsory retired. Such recommendation shall at the same time be conveyed by the Vice-Chancellor to the person found guilty.

(3) Every person whose dismissal or compulsory retirement from his post for misconduct, inefficiency or dereliction of duty is recommended by the Vice-Chancellor under subsection (2) may, within fourteen days of the receipt by him of the recommendation, appeal against such recommendation to the Council whose decision thereon shall be final.

(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.

(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.

(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.

(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.

(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.

(1) At the request of the Council, an officer, Lecturer, Professor, Associate Professor, or servant in the service of any Higher Educational Institution 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.

(2) Where any officer in the service of any Higher Educational Institution 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.

(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.

(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.

(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 :

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.

(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.

(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.

(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.

(4) Where a contributor dies while in the service of the University, the Bursar shall, subject to the provisions of section 30, pay the full amount which has accumulated to the credit of the account of that contributor in the Provident Fund to the estate of the deceased contributor or to the person lawfully entitled to such amount.

(a) fees to be paid to the University in accordance with the provisions of any regulation;

(b) income from endowments ;

(c) moneys provided by Parliament as grants;

(d) all other moneys belonging to the University from whatever source derived.

(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.

(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.

(a) to keep the accounts of the University in such form and manner as may be prescribed by regulation;

(b) to receive all moneys paid into the Buddhist and Pali University Fund and to credit such moneys to the proper heads of accounts,;

(c) to make all authorized payments ; and

(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.

(1) The University shall be exempt from the payment of any rates to any local authority.

(2) The provisions of this section shall have effect notwithstanding anything to the contrary in any other written law.

(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.

(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.

(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.

(1) The Council may make regulations in respect of all matters prescribed or in -respect of which regulations are required or authorized to be made.

(2) Every regulation made by the Council shall be published in the Gazette, and shall come into operation on the date of such publication or on such later date as may be specified in the regulation. ,