BUDDHA SRAVAKA DHARMAPITHAYA [Cap.386
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BUDDHA SRAVAKA DHARMAPITHAYA [Cap.386 CHAPTER 386 BUDDHA SRAVAKA DHARMAPITHAYA Act AN ACT TO MAKE PROVISION FOR THE ESTABLISHMENT AND REGULATION OF No, 16 of 1968. A UNIVERSITY FOR BHIKKHUS. [31st May, 1968.] Short title. 1. This Act may be cited as the Buddha (d) to sell, hypothecate, lease, exchange Sravaka Dharmapithaya Act. or otherwise dispose of any such property; and PART I (e) to exercise and perform in accordance with the provisions of this Act and of the Statutes and THE BUDDHA SRAVAKA Rules, whenever necessary, all the DHARMAPITHAYA powers and duties conferred or imposed on the University by any of such provisions: Establishment 2. (1) There shall be established a and unitary and residential University for incorporation bhikkhus. The University*, so established, Provided that any sale, hypothecation, of Buddha lease, exchange or other disposition of any Sravaka shall have the name and style of "The such property shall be void if it is made in Dharma- Buddha Sravaka Dharmapithaya ". pithaya. contravention of any restriction, condition or prohibition imposed by law or by the (2) The University shall have its seat on instrument by which the property was such site as the Minister may determine by vested in the University. Order published in the Gazette. 3. The objects of the University shall Objects of the be_ University. (3) The Dharmapithadhipati and the members for the time being of the (a) to train bhikkhus in accordance with Anusasaka Mandalaya, the Board of the teachings of the Buddha; Education and Administration and the Dayaka Mandalaya shall be a body (b) to promote meditation among the corporate with perpetual succession and students of the University ; with the same name as that assigned to the (c) to train bhikkhus for the University by subsection (1), and shall have propagation of the teachings of the power in such name— Buddha in Sri Lanka and abroad; to sue and be sued in all courts; (d) to encourage the study of, and (a) research in. Buddhism ; and (b) to have and use a common seal; (e) to promote Buddhist culture. The University shall, subject to the Powers of ths (c) for the purposes of this Act and 4. subject to the Statutes and Rules provisions of this Act and of the Statutes University to purchase, acquire by gift, and Rules, have the power— testamentary disposition or otherwise, take on lease or hire, and (a) to provide for instruction in the hold any movable or immovable following subjects, namely, Sutra, property; Abhidharma, Vinaya, Buddhist * Exempted from the operation of Section 130 (I) and (2) of the Universities Act. XIV/203 Cap.386] BUDDHA SRAVAKA DHARMAPITHAYA Philosophy and Logic, Buddhist (j) to establish and regulate by Statute a History and Culture, Comparative provident fund for the benefit of the Religion and Languages and to officers of the University who are establish in respect of each of such not bhikkhus and of the servants of subjects, or a group of such the University and to make subjects, a Department of Study ; contributions to such fund out of the University Fund ; and (b) to hold examinations for the purpose of ascertaining the persons (k) to do all such other acts incidental to who have acquired proficiency in the powers aforesaid as may be different branches of study; requisite in order to further the objects of the University. (c) to provide post-graduate courses in Dharmaduta Activities and Buddhist Education and for this PART II purpose to co-operate with other Universities or Authorities, in such THE DHARMAPITHADHIPATI AND THE manner and for such purposes as OFFICERS OF THE UNIVERSITY the University may determine ; 5. (1) The Dharmapithadhipati of the TheDharma- (d) to grant and confer such degrees, University shall be an Upasampada bhikkhu pithadhipati. diplomas and other distinctions as who has completed twenty years after under this Act are determined by Upasampada. the Board of Education and Administration and approved by (2) The Dharmapithadhipati shall be the Minister, to and on persons appointed by the Minister out of a panel of who have pursued approved courses at least three names recommended by the of study in the University and who Anusasaka Mandalaya. have passed the necessary examinations of the University; (3) The Dharmapithadhipati shall be a whole-time officer of the University. He (e) to institute such teaching and other shall be a member and the Chairman of the posts or such offices as may be Board of Education and Administration. He necessary for the purposes of the shall be entitled to convene all meetings of University, to make appointments the Board of Education and Administration to such posts or offices and to and shall preside at such meetings. determine the conditions of employment; (4) It shall be the duty of the Dharmapithadhipati to secure that the to confer honorary degrees or other (f) provisions of this Act and of the Statutes distinctions on approved persons; and Rules are duly observed and he shall (g) to erect, equip and maintain for the have and may exercise all such powers as he purposes of the University, libraries may deem necessary for the purpose. and other buildings whether for instructional or residential (5) The Dharmapithadhipati shall give purposes; effect to the decisions made under this Act in regard to the administration of the University, and shall exercise general (h) to manage Halls of Residence for the residence of students of the supervision over the educational University; arrangements of the University. He shall be responsible for the discipline of the (i) to regulate and provide for the University in accordance with this Act and residence, discipline and moral, the Statutes and Rules and shall exercise mental and physical well-being of and perform such other powers and duties officers, teachers, students and as may be conferred or imposed on him by servants of the University; this Act or by Statute or Rule. XIV/204 BUDDHA SRAVAKA DHARMAPITHAYA [Cap.386 (6) The Dharmapithadhipati shall hold 7. The Librarian shall be a whole-time The Librarian. office for a term of five years but may be officer of the University and he shall reappointed in accordance with the exercise and perform such powers and provisions of this section. duties as may be prescribed by Statute or Rule. (7) If any vacancy occurs in the office of Dharmapithadhipati or if the 8. (1) There may be appointed in Other Officers. Dharmapithadhipati, by reason of leave, accordance with the provisions of this Act illness, or other cause, is unable, and of the Statutes and Rules such number temporarily, to perform the duties of his of officers as may be necessary for the office, the Minister may, within fourteen purposes of the University. days of such vacancy or inability, make such arrangements as he may think fit (2) An officer appointed under this for carrying on the office. Until such section shall exercise and perform all such arrangements have been made, the Secretary powers and duties as may be prescribed by of the University shall carry on the routine Statute or Rule. duties of the office. The Secretary 6. (1) The Secretary shall be a whole- PART III of the time officer of the University. He shall be University. the Secretary to the Anusasaka Mandalaya, THE UNIVERSITY AUTHORITIES to the Board of Education and The Authorities of the University Authorities of Administration and to the Dayaka 9. Shall be— the University. Mandalaya. He shall be the chief accounting officer of the University and shall be (i) the Anusasaka Mandalaya; responsible for the proper administration of the moneys and properties of the University (ii) the Board of Education and and in the performance of such duty he shall Administration; and act in conformity with any decision or order made, or any direction given, by the Dayaka (iii) the Dayaka Mandalaya. Mandalaya in respect of the administration of the funds and properties of the 10. (1) The Anusasaka Mandalaya The Anusasaka University. He shall exercise and perform all shall consist of— Mandalaya. such powers and duties as may be conferred or imposed on him by this Act or by Statute (i) the Maha Nayaka Thera of the or Rule. He shall, in addition, assist the Malwatta Chapter of the Siamese Dharmapithadhipati whenever he is called Nikaya; upon to do so. (ii) the Maha Nayaka Thera of the (2) Any fit person who professes Asgiriya Chapter of the Siamese Buddhism and who is not a bhikkhu may be Nikaya; appointed by the Minister as the Secretary of the University for such period as the (iii) the President of the Sri Lanka Minister may determine: Amarapura Mahasangha Sabha; Provided that an officer in the public (iv) the Maha Nayaka Thera of the service shall not be appointed as Secretary Ramanna Nikaya; of the University except with the consent of that officer and the Secretary to the (v) the Nayaka Thera of the Treasury. Anuradhapura Atamasthana; and (3) The provisions of subsection (2) of (vi) not more than three other theras section 18 of the Higher Education Act, nominated by the Minister. No. 20 of 1966*, shall, mutatis mutandis, apply in relation to any officer of the public (2) The Chairman of the Anusasaka service who is appointed as Secretary of the Mandalaya shall be elected by the University. Anusasaka Mandalaya from among its * Repealed by Act No. 1 of 1972, itself repealed by Act No. 16 of 1978. XIV/205 Cap.386] BUDDHA SRAVAKA DHARMAPITHAYA members for the time being and shall hold (b) the Head of each Department of office for three years from the date of such Study in the University; election ; he shall however be eligible for re- election to the office of Chairman.