CEYLON UNIVERSITY

(1) This Ordinance may be cited as the Ceylon University Ordinance, and shall, subject as hereinafter provided, come into operation on such date as the Governor may appoint by Proclamation published in the Gazette: *[* See Gazette No. 8,945 of 12th June, 1942.]

Provided that the Governor may, in any such Proclamation, declare that the operation of any provision of this Ordinance, or the application of any such provision to any Faculty or to any department of study, shall be suspended. * [* See Gazette No. 8,945 of 12th June, 1942.]

(2) Where the operation of any provision of this Ordinance or the application of any such provision to any Faculty or department of study has been suspended under subsection (1), the Governor-General may, by Proclamation published in the Gazette, declare that the operation of any such provision or the application of any such provision to any such Faculty or department shall cease to be suspended with effect from such date as may be specified in the Proclamation.

(1) There shall be established in Ceylon, in accordance with the provisions of this Ordinance, a University, (in this Ordinance referred to as ” the University “), with the name and style of ” The University of Ceylon “, by which name the Chancellor, the Pro-Chancellor, the Vice-Chancellor and the members for the time being of the Court, the Council and the Senate of the University, duly nominated, appointed or elected by or in accordance with the provisions of this Ordinance, are hereby constituted a body corporate with perpetual succession, and with full power and authority by and in such name-

(2) The powers conferred upon the University by this section shall be exercised by the Council, unless otherwise expressly provided in this Ordinance, or in the Statutes, Acts or regulations.

(a) to provide for instruction in such branches of arts, science and learning as the University may determine, and also to make provision for research and for the advancement and dissemination of knowledge ;

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

(c) to provide postgraduate courses and for this purpose to co-operate with other Universities or authorities, in such manner and for such purposes as the University may determine;

(d) to grant and confer degrees, diplomas and other academic distinctions to and on persons who shall have pursued approved courses of study in the University and shall have passed the examinations of the University ;

(e) to admit graduates of other Universities to equal or similar degrees in the University on such conditions as may be prescribed by Act made on the recommendation of the Senate, and to register them as graduates of the University ;

(f) to confer degrees of the University on any persons who shall be employed by the University as Professors, Readers, Lecturers, or otherwise, or who shall have carried on independent research therein ;

(g) to confer honorary degrees or other distinctions on approved persons ;

(h) to recognize the examinations and periods of study passed by persons seeking admission to, or by students of, the University at other Universities or places of learning of University status as equivalent to such examinations and periods of study in the University, or such part thereof, as may be prescribed by Act, and to withdraw such recognition at any time ;

(i) to institute Professorships, Readerships, Lectu-rerships and any other posts or offices which may be required, and to make appointments thereto ;

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

(k) to institute and award fellowships, scholarships, exhibitions, bursaries, and medals and other prizes ;

(l) to manage Halls of Residence, and to license lodging houses, for the residence of students of the University ;

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

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

(o) to do all such other acts and things, whether incidental to the powers aforesaid or not, as may be requisite in order to further the objects of the University.

(1) Where any person represents to the Governor-General8 that he is prepared to provide a place of worship within the University radius for the use of any religious community, the Governor-General3 may, after consulting the Council, lease to that person or to the representatives of that religious community, at . a nominal rent, such extent of Crown land as the Governor-General8 may deem necessary for the purpose.

(2) Where any land, other than Crown land, is required for the purposes of a lease under subsection (1), that land may be acquired under the Land Acquisition Act and shall, for the purposes of the application of the provisions of that Act, be deemed to be land required for a public purpose.

(3) In this section ” place of worship” includes accommodation attached to a place of worship for the purpose of housing members of a religious order.

(1) The first Vice-Chancellor shall be appointed by the Governor-General3 and subsequent appointments to the office of Vice-Chancellor shall be made by the Governor-General3 on the recommendation of the Court.

(2) The Vice-Chancellor shall be a whole-time officer of the University and shall be the principal executive and academic officer thereof. He shall be an ex officio member of the Court and an ex officio member and chairman of the Council and of the Senate. He shall convene all meetings of the Court, the Council, and the Senate, and all convocations, and shall, in the absence of the Chancellor and Pro-Chancellor, preside at meetings of the Court and at any convocation of the University. He shall be entitled to convene, be present at, and speak at, any meeting of any Authority or other body of the University, but shall not be entitled to vote at such meeting unless he is a member of the Authority or body concerned.

(3) It shall be the duty of the Vice-Chancellor to see that the provisions of this Ordinance and of the Statutes, Acts and regulations are duly observed ; and he shall have and may exercise all such powers as he may deem necessary for this purpose.

(4) The Vice-Chancellor shall give effect to the decisions of the Council regarding the appointment, dismissal or suspension of the officers and teachers of the University, and shall exercise general supervision over the administrative and educational arrangements of the University. He shall be responsible for the presentation to the Council of the annual accounts of the University and of all financial estimates, annual or supplementary. He shall also be responsible for the discipline of the University in accordance with this Ordinance and the Statutes, Acts and regulations, and shall exercise and perform such other powers and duties as may be conferred or imposed upon him by this Ordinance or prescribed by Statute or Act.

(5) The Vice-Chancellor shall hold office for a, term of five years, but he may be reappointed in accordance with this section:

Provided that if the Court so recommends, no person shall continue to hold the office of Vice-Chancellor after he has completed his sixtieth year ; or, if he completes his sixtieth year in the course of an academic year, after the last day of such academic year.

(6) If any vacancy occurs in the office of Vice-Chancellor, or if the Vice-Chancellor, by reason of 6leave, illness, or other cause, is unable temporarily to perform the duties of his office, the Council shall, as soon as possible, subject to the approval of the Chancellor, make such arrangements as it may think fit for carrying on the office. Until such arrangements have been made, the Registrar shall carry on the routine duties of the office.

(7) In the absence of the Vice-Chancellor at any meeting of the Council, the Council shall elect a chairman for the purposes of the meeting from among the members present.

(1) The Registrar shall be a whole-time officer of the University and shall be appointed by the Chancellor on the recommendation of the Council. He shall exercise and perform such powers and duties as may be conferred or imposed upon him by this Ordinance or prescribed by Statute, Act or regulation.

(2) The Librarian shall be a whole-time officer of the University and shall be appointed by the Chancellor on the recommendation of the Council. He shall exercise and perform such powers and duties as may be prescribed by Statute, Act or regulation.

(1) The University Court, in this Ordinance referred to as ” the Court “, shall consist of the following persons :-

(2) Except as otherwise provided by this Ordinance the number of members to be elected or appointed under the respective paragraphs of subsection (1) (c)and their term of membership shall be prescribed by Statute, and the mode of election of members to be elected under subsection (1) (c) (i), (ii) and (iii) shall be prescribed by Act.

(3) The total number of members of the Court shall not at any time exceed one hundred. The quorum for a meeting of the Court shall be prescribed by Statute.

(1) The Court shall meet once in each year, on a date to be fixed by the Vice-Chancellor, at a meeting to be called the annual meeting of the Court.

(2) The Vice-Chancellor may whenever he thinks fit, and shall upon a requisition in writing signed by not less than twenty members of the Court, convene a special meeting of the Court.

(a) to make Statutes, and by Statute to amend, add to or repeal the same: Provided that no Statute made by the Court shall be repugnant to the laws of Ceylon or to any provision of this Ordinance ;

(b) to consider, amend, or cancel Acts made by the Council;

(c) to consider, amend, or adopt the annual report, the annual accounts, and the financial estimates of the University : Provided that no such amendment shall be made unless the opinion of the Council thereon has first been obtained ;

(d) to do any other act or to perform any other duty authorized or imposed upon the Court by this Ordinance or by Statute.

(1) The Council shall consist of the following persons : –

Provided that if, in the opinion of the Council, the wardens of the Halls of Residence have not made such an election within a reasonable time, it shall be lawful for the Council to nominate one of the wardens to represent them and any person so nominated by the Council shall be deemed to have been duly elected for the purpose of this paragraph.

(2) Members of the Council other than ex officio members shall hold office for a period of three years: Provided that members elected under the provisions of subsection (1) (b) (ii) and (iii) shall retain their membership so long only within the said period of three years as they continue to be members of the body which elected them, and that the member elected or nominated under the provisions of subsection (1) (b) (iv) shall retain his membership so long only within the said period of three years as he retains his position of warden of a Hall of Residence.

(3) The mode of election of members to be elected under subsection (1) (b) (iv) shall be prescribed by Act.

(4) Seven members of the Council shall form a quorum.

(a) to hold, control, and administer the property and funds of the University ;

(b) to select a coat of arms for the University, subject to the approval of the Court, and to determine the form, provide for the custody and direct the use, of the common seal of the University ;

(c) to regulate and determine all matters concerning the University in accordance with this Ordinance, the Statutes, Acts and regulations ;

(d) after consideration of the recommendations of the Senate, and subject to ratification by the Court, but without prejudice to anything done by the Council before such ratification-

(e) to appoint officers whose appointment is not otherwise provided for, and to suspend or dismiss on the grounds of incapacity or conduct which in the opinion of not less than two-thirds of the members of the Council renders him unfit to be an officer or teacher of the University any officer, or any teacher appointed under the provisions of section 34 or section 35 ;

(f) to appoint, and to suspend, dismiss or otherwise punish persons in the employ of the University other than officers and teachers ;

(g) to administer any funds placed at the disposal of the University for specific purposes ;

(h) to receive and accept bequests, donations and grants of any property to the University: Provided that all such bequests, donations and grants shall be reported to the Court at its next meeting ;

(i) to consider the annual report, the annual accounts, and the financial estimates of the University, and to submit such report, accounts, and estimates to the Court;

(j) to draft Statutes as and when it sees fit and to submit the same to the Court; and to make Acts for any matters in respect of which Acts are authorized to be made ; and to make such regulations as are not provided to be made by any other Authority ;

(k) to provide the buildings, premises, furniture and apparatus, and other material needed for carrying on the work of the University ;

(l) to appoint examiners, whether from the staff of the University or from elsewhere, after consideration of the recommendations of the Senate, and to determine any fees which may be paid to such examiners;

(m) to supervise and control the residence and discipline of students of the University, and to make arrangements for promoting their health and general welfare ;

(n) to institute, maintain, and manage Halls of Residence, and to appoint wardens thereto ;

(o) to enter into, vary, carry out, or cancel contracts on behalf of the University, and to invest any moneys belonging to the University, including any unapplied income, in any security in which, under the provisions of section 20 of the Trusts Ordinance or of any other written law, it is lawful to invest trust moneys; or, with the approval of the Minister of Finance,l to invest any such moneys in the purchase of immovable property in Ceylon or vary such investments; or to place on fixed deposit in any bank approved in this behalf by the Minister of Finance1 any portion of such moneys not required for immediate expenditure ;

(p) to determine by regulation, after consulting the Senate, the dates for the commencement and the termination of the academic year;

(q) to determine, after consulting the Senate, the academic dress of the Chancellor, Pro-Chancellor, officers, graduates and students of the University;

(r) to exercise all other powers of the University, the exercise of which is not otherwise provided for by this Ordinance or by Statute: Provided that the exercise of such powers shall be subject to ratification by the Court, but without prejudice to anything done by the Council before such ratification:

(1) The University shall have power to establish Faculties of Oriental Studies, Arts, Science, Law, Medicine, Agriculture, Commerce, and Engineering, and such other Faculties (whether formed by the addition of Faculties or by the subdivision or combination of an existing Faculty or of existing Faculties, or otherwise) as may be prescribed by Statute.

(2) The constitution and the powers and duties of the Faculties, and the term of membership of the members thereof, other than the ex officio members, shall be prescribed by Statute.

(3) The departments of study to be comprised in each of the Faculties shall be prescribed by Act.

(4) There shall be a Dean of each Faculty who shall be a Professor elected by the Faculty from among the heads of departments of study in the Faculty and shall hold office as Dean for such term, and exercise and perform such powers and duties, as may be prescribed by Statute. For the purposes of this subsection, the Professor of each such department, or the Reader or Lecturer if there is no Professor, shall be deemed to be the head of the department. If more than one Professor or more than one Reader or Lecturer is attached to any such department, the Vice-Chancellor shall appoint such Professor or Reader or Lecturer as he thinks fit to be head of the department, and such Professor or Reader or Lecturer shall be responsible to the Dean for the organization of the teaching in that department:

Provided that if, through his absence on leave or for any other reason, the Dean is prevented from performing the duties of his office, it shall be lawful for the Vice-Chancellor to appoint a Professor from among the Professors of the Faculty to perform such duties.

(1) A convocation of the University for the purpose of conferring degrees shall be held once in every year on such date as may be approved by the Chancellor:

Provided that a special convocation may be held at such other time as the Chancellor may direct.

(2) The procedure of any such convocation shall be prescribed by Act.

(1) Subject to the provisions of this Ordinance, Statutes may be made providing for all or any of the following matters: –

(2) The Statutes contained in the First Schedule *[* First Schedule omitted under section 6 (1) of the Revised Edition of the Legislative Enactments Act.] shall be the first Statutes of the University, and shall be deemed to have been made by the Court under this Ordinance and may be amended, added to or repealed by Statutes made in accordance with the provisions of this Ordinance.

(1) Save as otherwise provided in subsection (2), no Statute shall be made by the Court until the Court has consulted the Council and obtained the opinion of the Council on the terms of the proposed Statute.

(2) The Council may propose to the Court the draft of any Statute to be made by the Court. Such draft shall be considered by the Court at its next meeting. The Court may approve such draft and make the Statute, or may amend the draft, or may reject it, or may return it to the Council for reconsideration, either in whole or in part, together with any amendment which the Court may suggest.

(3) The Court shall not initiate, and the Council shall not propose to the Court the draft of, any Statute, whereby the status, powers, or constitution of any Authority of the University will be affected until such Authority has been given an opportunity of expressing an opinion thereon. Such opinion shall be in. writing and shall be considered by the Court and shall, if the Statute is made by the Court, be submitted to the Chancellor.

(4) Every Statute which has been made by the Court shall be submitted to the Chancellor, who may refer the Statute back once to the Court for further consideration, or may assent thereto.

(5) Every Statute shall, when assented to by the Chancellor, be published in the Gazette and shall come into force on the date of such publication.

(a) the courses of study to be prescribed for all degrees and diplomas of the University ;

(b) the conditions under which students shall be admitted to the degree or diploma courses and to the University examinations, and be eligible for degrees and diplomas ;

(c) the conditions of residence of the students of the University ;

(d) the fees to be charged for courses of study in the University, for residence, for admission to the examinations, for degrees and diplomas, and for the registration of graduates ;

(e) the formation of departments of study in the Faculties ;

(f) the constitution, powers, and duties of any board, committee or other body of the University, where such matters have not been otherwise determined ;

(g) the conditions and mode of appointment, duties, and emoluments, of examiners, and the conduct and standard of examinations ;

(h) the numbers, qualifications, and emoluments of persons in the employ of the University other than officers and teachers ;

(i) such other emoluments and allowances as are not otherwise provided for ;

(j) all matters which under the provisions of this Ordinance or of the Statutes are to be or may be prescribed by Act.

(1) Acts shall be made by the Council:

Provided that no Act shall be made under any of the paragraphs (a), (b), (e) and (g) of section 28 unless a draft of such Act has been proposed by the Senate.

(2) The Council shall not have power to amend any draft proposed by the Senate under subsection (1), but may reject it or return it to the Senate for reconsideration, either in whole or in part, together with any amendments which the Council may suggest.

(3) All Acts made by the Council shall be submitted to the Court at its next meeting, and the Court shall have power, by a resolution passed by a majority consisting of not less than two-thirds of the members present at such meeting, to amend or cancel any such Act, but without prejudice to anything already done thereunder:

Provided that-

Provided, further, that it shall be lawful for the Vice-Chancellor to make such order as he may think fit with regard to any case of difficulty which may arise owing to the amendment or cancellation by the* Court of any Act so submitted to the Court; and such order shall have effect accordingly.

(4) It shall be lawful for the Council by Act to add to, amend, alter or repeal any Act for the time being in force.

(1) Subject to the provisions of this Ordinance and of the Statutes and Acts, the Authorities and the other bodies of the University may make regulations providing-

(2) It shall be lawful by regulation to add to, amend, alter or repeal any regulation for the time being in force.

(3) The Council may direct the amendment, in such manner as it may specify, of any regulation made under this section, and the Authority or other body to which the direction is given shall comply therewith.

(1)* [* Provisions of section 31 (1) relating to “University radius” suspended.-Gazette No. 8,945 of 12th June, 1942.] Every undergraduate member of the University shall reside within such radius from the Convocation Hall of the University as shall from time to time be prescribed by Act, (in this Ordinance referred to as the University radius “), in a Hall of Residence or under such conditions of residence as may from time to time be prescribed by Statute or Act. –

(2) The Statutes and Acts relating to conditions of residence shall be administered by the Board of Residence and Discipline.

(1) Subject to the provisions of the Statutes, Acts and regulations, admission to the University shall be controlled by a board of admission which shall consist of-

(2) No person shall be eligible for admission to a course of study for a degree unless he has attained such age as shall be prescribed by Statute and has passed an entrance examination of the University or an examination recognized by the University as equivalent thereto, and unless he possesses such further qualifications, if any, as may be prescribed by Act or regulation in relation to such course of study.

(3) Subject to the provisions of the Statutes, Acts and regulations relating to residence, the period of resident study necessary to qualify any student for graduation shall not be less than three academic years of three terms each, the whole of which period shall be subsequent to the date on which the student has been admitted to the University:

Provided that students who have already obtained degrees at other Universities, the examinations of which are recognized as equivalent to the examinations of the University, shall be permitted to qualify for graduation under such conditions as regards resident study as may be prescribed by Act;

Provided, further, that, where the Vice-Chancellor certifies that for a specific period a student has been engaged on full-time study at the Ceylon University College or the Ceylon Medical College or the University before its establishment in the University precincts, such period shall be deemed to be part of the period of resident study for the purposes of this subsection.

(i) the Vice-Chancellor,

(ii) the Dean of the Faculty to which the post belongs,

(iii) two members appointed by the Council from among its own body,

(iv) two members who have knowledge of the subject of study concerned appointed by the Senate from among its own body,

(v) two members who shall not be officers or teachers of the University, appointed by the Court from among its own body.

(1) Every appointment of a teacher made under the provisions of section 34 or section 35, or of a Registrar or Librarian, shall be upon an agreement in writing between the University and such teacher-Registrar or Librarian. Such agreement shall be-

(2) In the case of agreements entered into by the University under subsection (1) (b), any renewal thereof upon the expiration of the probationary period shall be expressed to be and remain in force, subject to the reservations hereinafter referred to, until the teacher, Registrar or Librarian appointed thereby has completed his fifty-fifth year, or, if he completes his fifty-fifth year in the course of an academic year, until the last day of such academic year, and in any such agreement there shall be expressly reserved-

(1) Every officer, teacher, clerk and servant employed by the University, except in such cases as may be prescribed by Act, 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 one-twentieth of his salary ; and the University shall, in addition, out of the University Fund, at the same time contribute to the provident fund in respect of every contributor a sum equal to one-tenth of the salary of that contributor.

(2) The Registrar shall open and keep a general account for the provident fund and a separate account in respect of each contributor to that fund. All 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 separate 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 Act made by the Council in that behalf, accumulate at compound interest at the rate of four per centum per annum until the day on which that contributor completes his fifty-fifth year; and the account of that contributor shall be closed on that day.

(1) Where the account of any contributor is closed as provided in section 41, the Registrar shall, subject to the provisions of section 43, pay to that contributor the full amount lying to the credit of his account in the provident fund.

(2) Where a contributor, before he has completed his fifty-fifth year, ceases to be employed by the University 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 Registrar shall, subject to the provisions of section 43, 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 has ceased to be employed, or on which he retired, as the case may be.

(3) Where a contributor, before he has completed his fifty-fifth year, is dismissed on account of conduct which, in the opinion of the Council, renders him unfit to be further employed by the University, the Registrar shall, subject to the provisions of section 43, pay to that contributor the amount contributed by him to the provident fund, together with the accumulated interest thereon up to the date of his dismissal.

(4) Where a contributor dies while in the service of the University, the Registrar shall, subject to the provisions of section 43, 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 paid to the University in accordance with the provisions of Acts made under section 28 (d);

(b) income from endowments ;

(c) moneys provided by Parliament1 as grants in aid of the University ;

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

(1) The Deputy Secretary to the Treasury1 shall as soon as may be after the commencement of each financial year, pay to the University such moneys as may be provided by Parliament1 under the annual Appropriation Act as a grant in aid of the University.

(2) The Deputy Secretary to the Treasury1 shall, from time to time, pay to the University such moneys as may be provided by Parliament,1 by way of a supplementary vote or otherwise, as a grant in aid of the University.

(3) All moneys paid to the University under the preceding subsections shall be applied or expended by the University for all or any of the purposes authorized by or under this Ordinance.

(a) to keep the accounts of the University in such form as the Council shall from time to time direct ;

(b) to receive all moneys paid into the University Fund and to credit such moneys to the proper heads of account;

(c) to make all authorized payments ;

(d) to prepare for the consideration of the Vice-Chancellor the annual financial estimates for the ensuing financial year, and any supplementary estimates under section 53 :

(a) subject to the provisions of section 46 (3), the Council may, unless the Court otherwise directs, transfer moneys assigned under one head of expenditure in the passed estimates to any other head;

(b) every such transfer shall be reported to the Court at the next annual meeting of the Court.

(a) to remove his name from the membership-roll of such Authority or other body;

(b) to remove his name from the register of registered graduates ;

(c) to deprive him of any degree, diploma or other academic distinction conferred upon him by the University;

(d) to deprive him of all privileges of the University which he enjoys.

(1) All courses of study, and all degrees, diplomas and other academic distinctions of the University shall be open to women.

(2) No person shall, by reason of sex, be debarred from any office in the University or from membership of any of its Authorities or other bodies.

(1) It shall be lawful for the Vice-Chancellor, with the consent of the Council, by writing under his hand served on any person who has been convicted of an offence under the provisions of section 365 or section 365a of the Penal Code or of section 2 of the Brothels Ordinance, to prohibit such person from entering or remaining within the University radius or within such part thereof as may be specified in such writing. Such prohibition shall be and remain in force until revoked by the Vice-Chancellor with the like consent.

(2) A certificate under the hand of the Vice-Chan-cellor to the effect that any person named in the certificate has been prohibited, in accordance with the provisions of subsection (1), from entering or remaining within the University radius or any specified part thereof, shall be received and accepted by a court as evidence of the facts stated in such certificate until the contrary is proved.

(3) A document purporting to be a certificate issued by the Vice-Chancellor and to be signed by him, shall be received in evidence, and shall, until the contrary is proved, be deemed to be a certificate issued by the Vice-Chancellor under subsection (1).

(1) Notwithstanding anything in the Housing and Town Improvement Ordinance, it shall be lawful for the Minister,1 if he deems it expedient to do so in order to preserve the amenities of the University precincts, to declare, by Notification published in the Gazette, that Chapter I of Part II of that Ordinance shall apply, subject to the modifications specified in subsection (2) of this section, to any area of land in proximity to the University precincts to which the said Ordinance does not otherwise apply, as if such area were an area comprised within the administrative limits of a local authority.

(2) Upon the publication of any such Notification, the said Chapter shall apply accordingly, subject to the following modifications therein: –

(3) The exercise of any of the powers conferred upon the Vice-Chancellor under the provisions of this section shall be subject to the consent of the Council, and if the Vice-Chancellor refuses to approve any plan, drawing or specification of any building or to consent to any alteration in any building within the said area on the ground that it will injure the amenities of the University precincts, the University shall make compensation to any person for any loss or damage he may sustain in consequence of such refusal; and any person aggrieved by the failure of the University to make such compensation or to make adequate compensation, may appeal to the District Court having jurisdiction in which such area is situated and the decision of the District Court on any such appeal shall be final.

(1) For the purposes of this section, ” the transitional period ” means the period between the date on which this Ordinance comes into operation and the thirtieth day of September next following.

(2) For the purposes of Part X of this Ordinance, the first financial year of the University shall begin at the end of the transitional period.

(3) The Vice-Chancellor shall prepare the financial estimates for the transitional period. The said financial estimates shall be deemed to be the financial estimates of the University for the purposes of this Ordinance.

(4) There shall be paid to the University out of moneys provided by the State Council in accordance with the provisions of section 46 a grant in aid of the University to meet the expenses of the University during the transitional period.

(5) Until the grant in aid under the last preceding subsection shall have been paid, it shall be lawful for the Financial Secretary to advance to the University such sums as he may think necessary to meet the current expenses of the University :

Provided that such sums shall be deemed to be part of the grant in aid under the last preceding subsection.

(6) If under section 64 the Vice-Chancellor is appointed before this Ordinance comes into operation, it shall be lawful for the Financial Secretary to pay, out of moneys voted by the State Council for the expenses of the Ceylon University College, and until this Ordinance comes into operation, the salary of the Vice-Chancellor under this Ordinance and such expenses as the Vice-Chancellor may incur with the consent of the Financial Secretary for the purposes of section 64.

(7) For the purposes of section 41, the date of the employment of the first Vice-Chancellor shall be the date on which he is appointed under section 64, notwithstanding that this Ordinance may not then be otherwise in operation.

(1) Save as otherwise provided in subsection (4), every teacher, officer, servant or other person holding an appointment under the Government of Ceylon and employed in the Ceylon University College or the Ceylon Medical College immediately before the date on which this Ordinance comes into operation shall, on that date, be transferred to the employ of the University.

(2) In this Part of this Ordinance, persons transferred under the last preceding subsection are referred to as ” transferred officers “.

(3) A transferred officer shall be employed by the University with as nearly as may be the same status and, subject to this Ordinance, on the same terms, including terms relating to salary or wages, the termination of his employment, allowances and overseas passages for himself and his family, as he had or enjoyed in the service of the Government of Ceylon immediately before the date on which this Ordinance comes into operation. Any dispute between the University and a transferred officer as to the application of this section shall be decided by the Governor-General8 whose decision shall be final.

(4) The preceding provisions of this section shall not apply to the Principal of the Ceylon University College.

(1) Every transferred officer who, immediately before the date on which this Ordinance comes into operation, held a post declared to be pensionable under the Minutes on Pensions issued by the Governor (hereinafter referred to as a ” pensionable officer”), shall be deemed, for the purposes of those Minutes, to continue to hold such a post so long as he is in the employ of the University, and shall be eligible for the grant of a pension as though his service under the University were service under the Government; and the Governor-General8 may grant such pension in accordance with the terms of the said Minutes.

(2) Where, at any time after the date on which this Ordinance comes into operation, any person in the service of the Government of Ceylon and holding a post declared to be pensionable under the Minutes on Pensions issued by the Governor is appointed to be an officer or a teacher of the University, the Governor-General 3 may, by Notification published in the Gazette, declare that that post of officer or teacher, while held by that person, shall be deemed for the purposes of the said Minutes to be a pensionable post in the service of the Government; and upon the publication of any such Notification, the person referred to therein shall be eligible for the grant of a pension as though his service under the University were service under the Government, and the Governor -General8 may grant such pension in accordance with the terms of the said Minutes.

(3) Notwithstanding anything in the Widows’ and Orphans’ Pension Fund Ordinance, every transferred officer who, immediately before the date on which this Ordinance comes into operation, was subject to the provisions of that Ordinance, and every officer or teacher whose post is deemed under subsection (2) to be a pensionable post in the service of the Government and who, immediately before his appointment to the University, was subject to the provisions of that Ordinance shall, so long as he remains in the employ of the University, be deemed to be a public officer within the meaning of that Ordinance and for the purpose of the application of the provisions thereof.

(1) The University shall, in respect of every pensionable officer in its employ, contribute out of the University Fund to the Consolidated Fund1 in respect of every complete month during which the said officer is in its employ, such sum not exceeding fifteen per centum of the highest monthly salary received by such officer in his substantive post under the Government or the University as the Minister of Finance1 may from time to time determine.

(2) In addition to the contribution under subsection (1), the University shall, in respect of every transferred officer who is under section 68 (3) deemed to be a public officer within the meaning of the Widows’ and Orphans’ Pension Fund Ordinance for the purposes of the application of the provisions of that Ordinance, contribute out of the University Fund to the Consolidated Fund,[1] in respect of every complete month during which each such officer is in the employ of the University, a sum equivalent to three per centum of the salary of each such officer for each such month.

(3) All contributions under the preceding provisions of this section shall be paid annually into the Treasury on or before such date as may be fixed by the Minister of Finance.[1]

(4) In this section, ” salary ” means the emoluments of the pensionable appointment held by the officer exclusive of allowances other than personal allowance ; and ” pensionable officer” and ” transferred officer” include an officer or teacher whose post is deemed under section 68 (2) to be a pensionable post in the service of the Government.

(1) In respect of every transferred officer who is not a pensionable officer there shall, subject as hereinafter provided, be paid to the University out of moneys provided by Parliament[1] a sum equal to one-tenth of the officer’s salary during each month of his service under Government accumulated during the period of such service up to the date of payment at compound interest calculated from the first day of October next following such month with yearly rests at the rate of four per centum per annum :

Provided that no such payment shall be made to the University in respect of any such officer who on the date of his transfer to the employ of the University counts not less than fifteen years of service under Government and elects that, in lieu of any such payment as aforesaid in respect of his service under Government, he should receive from the Government, on ultimate retirement from his employment under the University, a retiring allowance computed on the basis of his service under the Government.

(2) The sum so received by the University in respect of any transferred officer shall be placed to the credit of the account of that transferred officer, in the provident fund established under section 39 and shall, for the purposes of the application of the provisions of Part IX of the Ordinance, be deemed to be a contribution made by the University in respect of that officer under section 41 (1).

(1) Where under any deed, will, or other written instrument or under any agreement, trust or fideicommissum, the Crown has acquired or would but for this section have acquired any right, power or privilege, or has become bound or would but for this section have become bound to the performance of any duty or obligation, such right, power, privilege, duty or obligation being in respect of and for the purposes of the Ceylon University College or the Ceylon Medical College, the right, power, or privilege shall vest in, or the duty or obligation shall be binding on, the University.

(2) Any question whether under the preceding provisions of this section any right, power or privilege has become vested in the University or any duty or obligation has become binding on the University shall be referred to the Governor-General;[3] and the decision of the Governor-General[3] thereon shall be final.

(3) Any reference in any document to the Government of Ceylon on behalf of the Ceylon University College or the Ceylon Medical College, or to the Ceylon University College or the Ceylon Medical College, or to the Principal of the Ceylon University College, shall be construed as a reference to the University, or to the Council, or to the Vice-Chancellor, as the case may be.