Sir John Kotelawala Defence Academy

(1) There shall be established an Academy which shall be called “the Sir John Kotelawala Defence Academy ” (hereinafter referred to as the ” Academy “).

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

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

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

(c) to foster a spirit of comradeship and goodwill and promote understanding among pre-officer cadets fox the purposes of developing their character, self confidence and qualities of leadership ; and

(d) to exercise such other functions as the Academy may consider necessary for the achievement of its objects. 4. For the purpose of carrying out its objects

(a) to receive grants, gifts or donations, whether from local or foreign sources;

(b) to take or hold any movable or immovable property which may become vested in it by this Act or by virtue of any purchase, grant, gift, testamentary disposition or otherwise, and to sell, mortgage, lease, grant, convey, devise, assign, exchange or otherwise dispose of any such movable or immovable property;

(c) to enter into and perform or carry out, whether directly or through any officer or agent authorized in that behalf by the Academy, all such contracts or agreements as may be necessary for the attainment of the objects of the Academy;.

(d) to borrow or raise money for the purposes of the Academy in such manner and upon such security as the Board of Management may think fit;

(e) to appoint suck employees and agents as are necessary for carrying out the functions of the Academy;

(f) to invest its funds in such manner as the Board of Management may think fit; and

(g) to do all such, acts as are necessary for, conductive or incidental to the attainment of its objects-

(a) the Secretary to the Ministry of the Minister in charge of the subject of Defence, who shall be Chairman;

(b) the Commanders of the Armed Forces of Sri Lanka;

(c) an officer of the General Treasury nominated by the Minister in charge of the subject of Finance;

(d) the person holding officer for the, time being as the Commandant of the Academy; and. ,

(e) a member of the University Grants Commission nominated by that Commission.

(1) The President shall appoint a senior officer of the Armed Services as the Commandant of the Academy (hereinafter referred to as the ” Commandant”) who shall be the chief executive officer and shall hold office for a period of three years, unless he earlier vacates office by death, resignation or removal.

(2) Upon the date of the establishment of the Academy the Commandant shall be a senior officer of the Sri Lanka Army, and on the expiry of the term of office of that Commandant, the Commandant shall be a senior officer of the Sri Lanka Navy, and on the expiry of the term of office of the second-mentioned Commandant, the Commandant shall be a senior officer of the Sri Lanka Air Force, and thereafter the appointment to the office of Commandant shall be made in accordance with the order set out herein.

(3) The Commandant may resign his office as Commandant by written communication in that behalf addressed to the President.

(4) The President may, if he thinks it expedient to do so, by Order published in the Gazette, remove the Commandant from office without assigning a reason therefor.

(5) A Commandant in respect of whom an Order under subsection (4) is made shall vacate his office on the date of publication of such Order in the Gazette, or on such other date as may be specified in such Order.

(6) Where a Commandant appointed from any Armed Service under subsection (1)

(7) For the purposes of this section the expression ” senior officer of the Armed Services ” means

(1) The Commandant shall, subject to the general direction and control of the Board, be charged with the direction of the affairs of the Academy, the execution of the powers, duties and functions of the Academy and the administrative control of the employees and pre-officer cadets of the Academy.

(2) The Commandant may, with the approval of the Board, delegate in writing to any employee of the Academy such of his powers, duties and functions as he may from time to time consider necessary, and any employee to whom such powers, duties and functions are so delegated shall exercise them subject to the general or special directions of the Commandant.

(1) There shall be established a fund called “The Kotelawala Defence Academy Fund ” (hereinafter referred to as the “Fund”).

(2) The Board shall nave the power to manage, control and operate the Fund.

(a) all such sums of money as, may be voted from time to time by Parliament for the use of the Academy ;

(b) all such sums of money as may be received by the Academy by way of donations, gifts or grants from any source whatsoever, whether in or outside Sri Lanka;

(c) all such sums of money as may be received by the Academy in the exercise, performance and discharge of its powers, duties and functions.

(a) expenses necessary for the establishment,” working and maintenance of the Academy;

(b) the payment of salaries to officers, servants and other employees;

(c) all such other payments as are approved by the Board as being necessary for the purpose of carrying out the objects of the Academy.

(1) The Board may appoint such officers and servants as it considers necessary for the purposes of the Academy.

(2) The officers and servants appointed under subsection (1) shall be remunerated in such manner and at such rates, and shall be subject to such conditions of service and disciplinary control as may be prescribed.

(3) At the request of the Board any public officer may, with the consent of that officer and the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Academy for such period as may be determined by the Board with like consent, or with like consent be permanently appointed to such staff.

(4) Where any public officer is temporarily appointed to the staff of the Academy, the provisions of subsection (2) of section 13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(5) Where any public officer is permanently appointed to the staff of the Academy, the provisions of subsection (3) of section “13 of the Transport Board Law, No. 19 of 1978, shall, mutatis mutandis, apply to and in relation to him.

(6) Where the Board employs any person who has agreed to serve the Government for a specified period, any period of service with the Academy by that person shall be regarded as, service to the Government for the purpose of discharging the obligations of such agreement.

(7) At the request of the Board any member of the Local Government Service or any other officer or servant of any local authority may, with the consent of such member, officer or servant and the Local Government Service Advisory Board or that local authority, as the case may be, be temporarily appointed to the staff of the Academy for such period as, may be determined by the Board with like consent or with like consent be permanently appointed to such staff on such terms and conditions including those relating to pension or provident fund rights as may be agreed upon by the Board and the Local Government Service Advisory Board or the local authority.

(8) Where any person is, temporarily appointed to, the staff of the Academy in pursuance of subsection (7), such person shall be subject to the same disciplinary control as any other member of such Staff.

(1) The Minister may make regulations in respect of all matters required by this Act to be prescribed or in respect of which regulations are authorized by this Act to be made.

(2) Without prejudice to the generality of the powers conferred by subsection (1), the Minister may make regulations in respect of all or any of the following matters :

(3) Every regulation made by the Minister 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 therein.

(4) Every regulation shall, as soon as convenient after publication in the Gazette, be brought before Parliament for approval. Any regulation which is not so approved shall be deemed to be rescinded from the date of its disapproval but without prejudice to anything previously done thereunder.

(5) Notification of the date on which any regulation made by the Minister is deemed to be rescinded shall be published in the Gazette.

(1) No suit or prosecution shall lie

(2) Any expenses incurred by the Academy in any suit or prosecution brought by or against the Academy, and any costs paid to, or recovered by, the Academy in any such suit or prosecution shall be credited to the Fund.

(3) Any expense incurred by any such person as is referred to in paragraph (b) of 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 Academy shall, if the court holds that such act was done in good faith, be paid out of the Fund, unless such expense is recovered by him in such suit or prosecution.

(a) the courses of study to be provided for pre-officer cadets by the Academy;

(b)-the service training to be provided for pre-officer cadets by the Academy .

(c) the medical, welfare and recreational facilities to be provided for pre-officer cadets by the Academy ; and

(d) the measures necessary “for the security and protection of the Academy.

(1) The Minister shall, by order (hereinafter referred to as the “vesting order “) published in the Gazette, vest in the Academy with effect from such date (hereinafter referred to as the ” vesting date “) as may be specified in the vesting order, all the land and premises described in the Schedule hereto donated to the Democratic Socialist Republic of Sri Lanka by Deed No. 1292 dated 11th July, 1979, and all the movable properties donated to the Democratic Socialist Republic of Sri Lanka by Deed No. 1389 dated 7th April, 1980, and described in the Schedule thereto.

(2) Where a vesting order has been made, the Academy shall, with effect from the vesting date, have absolute title to all the land and premises together with all the movable property so vested free from all encumbrances, and such vesting shall be final and conclusive for all purposes against all persons, whatsoever right, title or interest they have or claim to have to, or in such land and premises.

(3) A vesting order made under subsection (1) shall as soon as possible after publication in the Gazette, be tabled in Parliament.

(a) the Sri Lanka Army; or

(b) the Sri Lanka Navy; or

(c) the Sri Lanka Air Force.