මෙම අතුරුමුහුණත යන්ත්‍රයෙන් පරිවර්තනය කර ඇත. නීති සහ අධිකරණ තීන්දු ඒවායේ මූලාශ්‍ර භාෂාවෙන් පෙන්වනු ලැබේ.

පනවන ලද පරිදි

පටුන

පාර්ලිමේන්තු පනත · පනවන ලද පරිදි

Buddhasravaka Bhikku University (Amendement) Act 2012

නිල ඉංග්‍රීසි පරිවර්තනය. එය සිංහල හෝ දෙමළ පාඨයට වඩා වෙනස් නම් බලපවත්වන පාඨය කුමක්දැයි පනතේම සඳහන් වේ.

නිල පරිවර්තනයවෙනස් නොකළ පාඨය, Department of Government Printing වෙතින්

s 1Short title

This Act may be cited as the Buddhasravaka Bhikku

University (Amendement) Act, No. 15 of 2012.

s 2General amendment to the Buddhasravaka Bhikku University Act, No. 26 of 1996

(1)

In the Buddhasravaka Bhikku University Act, No.

26 of 1996 (hereinafter referred to as the "principal enactment") and in any other written law, there shall be substituted for the words " Buddhasravaka Bhikku

University" the words "Bhikku University of Sri Lanka".

(2)

Every reference to the "Buddhasravaka Bhikku

University" in any regulation, rule, notice, notification, contract, communication or other document shall be read and construed as a reference respctively, to the "Bhikku

University of Sri Lanka".

s 3Amendment of section 4 of the principal enactment

Section 4 of the principal enactment is hereby amended as follows:—

(1)

by the deletion of the word "and" in paragraph (q);

(2)

by the re-numbering of paragraph (r) as paragraph (t); and

(3)

by the addition immediately after paragraph (q)

thereof, of the following new paragraphs:–

"(r) to conduct post-graduate courses for clergy students which are consistent with the objects of the University;

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(s)

to estabish local and foreign affiliated institutions as required by the University, and".

s 4Amendment of section 5 of the principal enactment

Section 5 of the principal enactment is hereby amended by the repeal of subsection (2) of that section and the substitution therefor of the following:–

"(2) In the event of any Maha Nayaka Thera or Chief

Maha Nayaka Thera of any Nikaya referred to in subsection (1) declining to accept the appointment as Maha

Mahopadyaya of the University the Minister in consultation with such Maha Nayaka Thera or Uththarithara Sabhawa, as the case may be, may make recommendation to the President to appoint another suitable Nayaka Thera of such Nikaya to be the Maha Mahopadyaya of the University.".

s 5Amendment of section 6 of the principal enactment

Section 6 of the principal enactment is hereby amended by the insertion immediately after paraghaph (ii)

thereof, of the following new paragraph:–

"(iia) Dean of each Faculty;"

s 6Amendment of section 7 of the principal enactment

Section 7 of the principal enactment is hereby amended as follows:–

(1)

in subsection (1) of that section–

(a)

in paragraph (a) thereof, by the substitution for the word "Minister" of the word

"President";

(b)

in paragraph (b) thereof, by the substitution for the words "post-graduate degree in

Buddhist Studies from a recognized

University." of the words "post-graduate degree in Buddhist Studies or in any other subject connected thereto from a recognized,

University on a research done within a period of not less than two years and having ten years experience in the field of teaching.

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In addition he shall be required to possess a good knowledge of oriental languages.";

(2)

in subsection (2) of that section–

(a)

in paragraph (iii) thereof, by the substitution for the word "Minister," of the words "President through the Minister,";

(b)

in paragraph (iv) thereof by the substitution for the word "Minister" of the word "President";

(c)

by the addition immediately after paragraph (v) thereof, of the following new paragraph:–

(vi)

Notwithstanding anything to the contrary in any other provision of this Act, the term of office of the

Mahopadyaya of the University, who last held office on the day immediately preceding the date of coming into operation of this section, shall continue for a further period of three years from the date of coming into operation of this section.;

(3)

by the repeal of subsections (3) of that section and the substitution therefor of the following:–

"(3) (a) If there is sufficient proof that the

Mahopadyaya has acted in a manner detrimental to the interests of the University, the President shall, on a resolution passed by not less than two-thirds of the total membership of the

Uththaraithara Sabhawa at a special meeting convened for the purpose, require the Minister to take necessary steps to ensure the removal of the Mahopadyaya from office.

(b)

The Mahopadyaya shall be the Accounting

Officer of the University, who shall comply with

Act, No 15 of 2012

any determination or regulation or directive of the Council of the University relating to the control of finances and properties of the

University. The Mahopadyaya shall exercise, perform and discharge such powers, duties and functions as may be conferred on him by this

Act or by any regulation or rule made under this Act.";

(4)

(a)

by the deletion of the first paragraph of subsection (4) of that section;

(b)

by the renumbering of the second paragraph of subsection (4) of that section as subsection (4)

thereof.

s 7Amendment of section 8 of the principal enactment

Section 8 of the principal enactment is hereby amended as follows:–

(1)

by the repeal of subsection (1) of that section, and the substitution therefor, of the following:–

"(1) The first Registrar of the University shall be appointed by the Minister for a period of three years. The Council shall on the recommendation of a selecting committee, appoint every subsequent Registrar for a period of five years, which may be renewed.

Where an officer in the public service shall be appointed as the Registrar of the University the concurrence of the Secretary to the

Ministry of the Minister in charge of the subject of Public Administration and the relevant officer shall be obtained.";

(2)

by the repeal of subsection (3) of that section and the substitution therefor of the following:–

"(3) The Registrar shall be the

Assistant Accounting Officer of the

University.";

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(3)

by the addition immediately after subsection (5) of that section of the following new subsection:–

"(6) The Registrar shall be responsible to the Council for the safe custody of the records and properties of the University.".:

s 8Amendment of section 9 of the principal enactment

Section 9 of the principal enactment is hereby amended in subsection (2) by the substitution for the words

"finances of the University and maintenance of its accounts"

of the words "Finances of the University under the supervision of the Registrar and for the maintenance of its accounts".

s 9Amendment of section 11 of the principal enactment

Section 11 of the principal enactment is hereby amended as follows:–

(1)

by the substitution for the words "the Senate." of the words "the Senate;";

(2)

by the addition immediately after paragraph (iii)

thereof, of the following new paragraph:–

"(iv) a Board of the Faculty or Boards of the

Faculty.".

s 10Amendment of section 14 of the principal enactment

Section 14 of the principal enactment is hereby amended as follows:–

(1)

by the repeal of subsection (1) of that section and the substitution therefor, of the following:–

" (1) The Council of the University

(hereinafter referred to as the "Council") shall be the executive and governing body of the

University and shall consist of the following:–

(a)

ex-officio members–

Act, No 15 of 2012

(i)

the Mahopadyaya;

(ii)

the Dean of each Faculty;

(iii)

two members of the academic staff of the University elected from and among the members of the Senate;

(iv)

the Secretary to the Ministry of the

Minister in charge of the subject of

Buddha Sasana, or his nominee.

(v)

the Secretary to the Ministry of the

Minister in charge of the subject of

Higher Education, or his nomine; and

(vi)

the Secretary to the Ministry of the

Minister in charge of the subject of

Finance or his nominee.

(b)

appointed members appointed by the

Minister–

(i)

five learned Bhikkus who have rendered distinguished service to the

Buddha Sasana; and

(ii)

three lay Buddhists who have rendered distinguished service to the

Buddha Sasana, and who have experience in the fields of Financ,

Law and Administration."; and

(2)

by the addition immediately after subsection (9) thereof, of the following new subsection: –

"(10)

Notwithstanding anything in this Act,

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the appointed members of the Council who held office on the day immediately preceding the date of coming into operation of this section, shall continue to hold such office for the unexpired period from the date of coming into operation of this section.".

s 11Amendment of section 15 of the principal enactment

Section 15 of the principal enactment is hereby amended in subsection (2) as follows:–

(a)

by the repeal of parapraph (xii) of that subsection and the substitution therefor of the following paragraph:–

"(xii)

to appoint a Bhikku Students Council which shall include representatives of the Bhikku Students for the promotion of the general well-being of the Bhikku

Students of the University. The composition, powers, duties and function of such Council shall be prescribed by Ordinance;";

(b)

by the addition immediately after paragraph (xiv) of that subsection, of the following new paragraphs:–

"(xv)

to formulate the scheme of recruitment and appointing procedure to be applied to the staff of the University to be on par with the schemes of recruitment and appointing procedures adopted in other Universities established under the Universities Act, No. 16 of 1978,

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and to determine, from time to time, the various grades of the staff and the cadres of each grade;

(xvi)

to determine, from time to time, the remuneration to be paid to various grades of the staff of the University and other benefits to be granted to such staff on the basis of the overall salaries and remuneration principles of other Universities established under the Universities Act, No. 16 of 1978 and in consultation with the

Minister in charged of the subject of

Finance;";

(c)

by the re-numbering of paragraphs (xv) and (xvi) as paragraphs (xvii) and (xviii).

s 12Amendment of section 16 of the principal enactment

Section 16 of the principal enactment is hereby amended as follows:–

(1)

by the repeal of subsection (2) of that section and the substitution therefor of the following subsection:–

"(2) The Senate of the University shall consist of the following persons:–

(i)

Mahopadyaya;

(ii)

the Dean of each Faculty of the University;

(iii)

the Head of each Department of Study;

(vi)

the Librarian of the University;

(v)

the every permanent Professor of the

University;

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(vi)

one person from the teachers other than those referred to above elected by the permanent teachers of each Faculty from and among their number;

(vii)

three teachers appointed by the Council of the

University from among male Professors,

Associate Professors and Senior Lecturers of the

Departments of Buddhists Studies or Cultural

Studies of other Universities in Sri Lanka;

(viii)

three persons appointed by the Council of the

University from among learned and distinguished laymen or members of the clergy who are not members of the staff of any

University.";

(2)

by the insertion immediately after subsection (2)

thereof of the following new subsections:–

"(2A) Every elected or appointed member shall hold office for a period of three years from the date of his election or appointment, as the case may be:

Provided however, any member elected or appointed vacates office on grounds of retirement, resignation or being absent himself from three consecutive meetings of the Senate or otherwise, another member shall be elected or appointed, as the case may be, in place of such member in compliance with the provisions of paragraphs (vi), (vii) and (viii) of subsection (2). Further, such member shall hold office for the unexpired term of office of his predecessor unless he vacates office earlier.

(2B)

Notwithstanding anything in this Act, the appointed members, holding office on the day immediately preceding the date of coming into operation of this section, shall cease to hold such office on the date of coming into operation of this section:

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Provided however, that the appointed members who cease to hold such office shall be eligible for reappointment.".

s 13Amendment of section 17 of the principal enactment

Section 17 of the principal enactment is hereby amended as follows:–

(1)

in subsection (1) of that section–

(a)

by the addition in paragraph (vi) thereof immediately after the word "Council;" of the words "after considering the reports from the

Faculty concerned;".

(b)

in item (c) of paragraph (vii) thereof, by the substitution for the words "Committee," of the word "Committee;".

(c)

by the addition immediately after sub paragraph (c) in paragraph (vii) thereof of the following:–

"(d) to set up a Research and Publication

Committee,".

(2)

by the addition immediately after subsection (1)

thereof of the following new subsection:–

"(1A) The Senate may with the approval of the

Minister, establish, from time to time, the Faculty or

Department of Studies, as the Senate deems necessary, for the development of teaching, research and extension programmes of the University to realize the objects of the University.".

s 14Insertion of new sections 18A, 18B, 18C and 18D of the principal enactment

The following new sections are hereby inserted immediately after secftion 18 of the principal enactment and shall have effect as sections 18A, 18B, 18C and 18D of that enactment:–

18A. Every Faculty of the University shall have a Board of the Faculty

"The Board of each Faculty.

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(hereinafter referred to as the "Board")

consisting of the following:–

(a)

the Dean of the Faculty concerned;

(b)

all Permanent Professors, Associate

Professors, Senior Lecturers and

Permanent

Lecturers of the

Departments of Studies which constitute the Faculty;

(c)

two persons other than those referred to in paragraphs (b) of this section elected by the permanent academic staff of the Faculty from and among their numbers;

(d)

two students elected by the students of the Faculty from and among their numbers; and

(e)

three persons appointed by the Board who excel in the fields of study relevant to the Faculty and are not members of the staff of the University.

18B. (1) Subject to the provisions of this

Act, the Board shall exercise, perform and discharge the powers, duties and functions:–

(a)

to consider and report back any matter referred to the Faculty by the Senate;

(b)

to regulate subject to the control of the Senate, all matters pertaining to the teaching, examinations and research activities of the Departments of Study of the Faculty;

(c)

to appoint committees which may include non-members of the Faculty

Powers, duties and functions of the

Board.

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to consider and report any special subject or subjects;

(d)

to submit to the

Senate recommendations and reports on study courses and examinations of the

Faculty; and

(e)

to recommend to the Senate the suitable persons to be appointed as invigilators.

(2)

Each Faculty shall have a Dean and he shall be a full time officer of the

University and shall be the academic and administrative head of the Faculty. The

Board of each Faculty shall elect the Dean from among the Heads of Departments of

Studies, which constitute the Faculty and he shall cease to be the Head of the

Depatrment of Studies concerned upon his election as the Dean:

Provided that the first Dean to be appointed on the date of commencement of this Act shall be appointed by the

Council on the recommendation of the

Mahophadyaya.

(3)

(a) The Dean shall preside at every meeting of the Board of the

Faculty ;

(b)

The members elected under paragraph (d) of section 18A shall be excluded from the business of any meeting of the

Board convened for matters pertaining to the election of a

Dean and to decisions concerning examinations and

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matters incidental thereto and such meeting shall be deemed to be a duly convened valid meeting irrespective of such exclusion.

(4)

The Dean, shall hold office for a period of three years from the date of his election and shall be eligible for re-election unless removed earlier from office.

(5)

Where the Dean is temporarily unable to perform the duties of his office on account of ill health, absent on leave or any other cause for a period of not more than three months, the Mahopadyaya shall appoint another to act in the place of the

Dean, during such period as the Head of a

Department of Study of that Faculty.

(6)

Every member elected under paragraph (d) of section 18A shall hold office for a period of one academic year from the date of his election and all other elected members shall hold office for a period of three years from the date of election. Every such member shall be elegible for re-election.

18C. (1) The Head of a Department of

Study shall be a Professor, Senior Lecturer or a Permanent Lecturer appointed by the

Council on the recommendation of the

Mahopadyaya:

Provided however, that where a Head of any Department of Study is not appointed by the Council, the Mahopadyaya may appoint a Professor, an Associate Professor,

Senior Lecturer or Permanent Lecturer to

The Head of a

Department of

Study.

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act as the Head of a Department of Study of that Faculty for a period of one month from the date of such appointment.

(2)

The Head of a Department of Study, subject to the provisions of any appropriate instrument, shall hold office for a period of three years from the date of his appointment and shall be eligible for re-appointment unless removed from office.

(3)

Where the Head of a Department of

Study is temporarily unable to perform the duties of his office on account of ill health, absent on leave or any other cause for a period not more than three months, the

Mahopadyaya shall appoint another

Professor, Associate Professor, Senior

Lecturer or a Permanent Lecturer to the

Department of Study concerned to act in that post during such period:

Provided however, that where a Head of any Department of Study is unable to perform the duties of his office on account of retirement, resignation or any other cause, for a period more than three months, the post of Head of the Department of

Study concerned shall be deemed vacant and a new Head Department of Study shall be appointed to such post in terms of subsection (1).

18D. The Governing Council may, with the apporval of the Minister, establish, from time to time, any Faculty or

Department of Study as the Governing

Council thinks necessary for the development of teaching, research and promotional programmes in order to fulfull the objects of the University.".

Establishment of

Faculties and

Departments of

Study.

Act, No 15 of 2012

s 15Amendment of section 23 of the principal enactment

Section 23 of the principal enactment is hereby amended in subsection (1) by the addition immediately at the end of that subsection of the words "If upon such appointment, the teacher so appointed disrobes, he shall cease to hold such office.".

s 16Amendment of section 26 of the principal enactment

Section 26 of the principal enactment is hereby amended by the substitution for the words "fifty fifth year"

of the words "fifty-seventh year.".

s 17Insertion of new section 57A to the principal enactment

The following new section is hereby inserted immediately after section 57 of the principal enactment and shall have effect as section 57A of that enactment:–

57A. The Council, Senate and any other body established under this Act, in the exercise, performance and discharge of their respective powers, duties and functions under this Act, shall comply with such rules and regulations as may from time to time be made by the University Grants

Commission.".

s 18Amendment of section 68 of the principal enactment

Section 68 of the principal enactment is hereby amended as follows:–

(1)

by the insertion immediately after the definition of the expression "the Council" of the following definition:–

"University Grants Commission" means the

University Grants Commission established under the Universities Act, No. 16 of 1978;";

(2)

in the definition of "teacher", by the substitution for the words "a teacher; and" of the words "a teacher.";";

(3)

in the definition of "the Council", by the substitution for the words "the University." of the words "the University; and".

s 19Sinhala text to prevail in case of any inconsistancy

In the event of any inconsistancy between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

"Council, Senate and any other body to comply with rules and regulations of the

University Grants

Commission.

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