Sir John Kotalawela Defence Academy (Amendment)



Sir John Kotalawela Defence Academy (Amendment)
An ACT TO AMEND THE SIR JOHN KOTALAWELA DEFENCE ACADEMY ACT, NO. 68 OF 1981

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :

[27th July
, 1988
]
Short title.

1. This Act may be cited as the Sir John Kotalawela Defence Academy (Amendment) Act, No. 27 of 1988.

Amendment of section 2 of Act No. 68 of 1981.

2. Section 2 of the Sir John Kotalawela Defence Academy Act, No. 68 of 1981 (hereinafter referred to as the ” principal enactment “) is hereby amended by the repeal of subsection (1) of that section and the substitution therefor of the following subsection:

“(1) There shall be established a university which shall be called ” the General Sir John Kotalawela Defence Academy ” (hereinafter referred to as the ” Academy “).

Amendment of section 3 of the principal enactment.

3. Section 3 of the principal enactment is hereby amended by the insertion immediately after paragraph (a) of that section of the following paragraphs :

” (aa) to provide for courses of study, and instruction in branches of learning related to defence and military management;

(ab) to admit officer cadets and officers to follow such courses of study and instruction ;

(ac) to hold examinations for the purposes of ascertaining the officer cadets and officers who have acquired proficiency in such branches of learning;

(ad) to admit public officers to follow courses of study relating to defence and military management and to hold examinations for the purposes of ascertaining the officers who have acquired proficiency in such studies ; “.

Amendment of section 4 of the principal enactment.

4. Section 4 of the principal enactment is hereby amended by the insertion immediately after paragraph (a) of that section of the following paragraphs :

” (aa) to provide facilities for and instruction in academic studies in such subjects as would be relevant to officer cadet and officer training;

(ab) to provide a basic service training to pre-officer cadets;

(ac) to provide for courses of study, and instruction, in branches of learning relating to defence and military management;

(ad) to admit officer-cadets and officers to follow such courses of study and instruction ;

(ae) to hold examinations for the purposes of ascertaining the officer-cadets and officers who have acquired proficiency in such branches of learning ;

(af) to admit public officers to follow courses of study relating to defence and military management and to hold examinations for the purposes of ascertaining the officers who have acquired proficiency in such studies ;

(ag) to grant and confer, notwithstanding anything in section 128 of the Universities Act, No. 16 of 1978, degrees, diplomas, certificates on officer cadets and officers and public officers who have followed courses of study in such branches of learning at the Academy and passed such examinations;

(ah) to confer honorary degrees and other academic distinctions on persons recommended by the Board of Management;

(ai) to erect, equip and maintain for the purposes of the Academy, libraries, laboratories and other buildings;

(aj) to institute Professorships, Lecturerships and other posts as may be required for the purposes of the Academy. ”

Amendment of section 5 of the principal enactment.

5. Section 5 of the principal enactment is hereby amended as follows :

(1) by the renumbering of that section as subsection (1) of that section ;

(2) in the renumbered subsection (1), by the insertion. immediately after paragraph (a) thereof, of the following paragraph :

“(aa) the Additional Secretary to the Ministry of the Minister in charge of the subject of defence (hereinafter referred to as the ” Additional Secretary “;”and

(3) by the addition immediately alter the renumbered subsection (1), of the following new subsections :

“(2) The Secretary to the Ministry of the Minister in charge of the subject of defence shall preside at meetings of the Board, and in his absence, the Additional Secretary shall preside the meeting.

(3) Five members shall form a quorum at any meeting of the Board, of whom at least two members shall be Commanders of the Armed Forces. “.

Amendment of section 7 of the principal enactment.

6. Section 7 of the principal enactment is hereby amended in subsection (1) of that section, by the substitution for the words ” control of the Board “, of the words ” control of the Board and the provisions of section 7A”

Insertion of new section 7A in the principal enactment.

7. The following new section is hereby Inserted immediately after section 7 of the principal enactment and shall have effect as section 7A of that enactment:

“The Board of studies

7A.

(1) The affairs of the Academy relating to academic and defence studies shall be vested under the direction of the Board of Studies appointed by the Board of Management.

(2) The Board of Studies shall, subject to the general direction and control of the Board, be responsible for the direction of instruction, courses of study, research and examinations of the Academy-“.

Insertion of new section 10A in the principal enactment.

8. The following new section is hereby inserted immediately after section 10 of the principal enactment and shall have effect as section 10A of that enactment:

” Audit of accounts.

10A.

(1) The Board shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Academy.

(2) The provisions of Article 154 of the Constitution relating to the audit of accounts of public corporations shall apply to the audit of accounts of the Academy,”.

Amendment of section 19 of the principal enactment.

9. Section 19 of the principal enactment is hereby amended by the omission of paragraphs (a) and (b) of that section,

Insertion of new section 24A in the principal enactment

10. The following section is hereby inserted immediately after section 24 of the principal enactment and shall have effect as section 24A of that enactment :

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

24A. The provisions of the Universities Act, No. 16 of 1978, shall not apply to or in relation to the Academy established by this Act.”.

Construction of certain expressions in the principal enactment

11. In every section specified in Column I of the Schedule to this Act, the reference to the expressions as referred to in the corresponding entry in Column II of such Schedule, shall be read and construed as a reference to the expressions as referred to in the corresponding entry in Column III of that Schedule,

Amendment of the principal enactment and other written law.

12. Wherever in any provision of the principal enactment or any written law, or of any notice, communication, form, or other document issued, made, required or authorized by or under any written law the words ” Sir John Lionel Kotalawela ” or ” Sir John Kotalawela Defence Academy ” occurs, there shall be substituted for those words, the words ” General Sir John Lionel Kotalawela” and ” General Sir John Kotalawela Defence Academy “, respectively.

Savings for contracts &c.,

13. Every contract, agreement or other instrument or document whatsoever made, issued or executed prior to the date of commencement of this Act, by or in favour of ” the Sir John Kotalawela Defence Academy” shall be deemed on and after the date of commencement of this Act to be and to have been made, issued or executed by or in favour of “the General Sir John Kotalawela Defence Academy”.


Schedules