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. (c) six bhikkhus nominated by the Anusasaka Mandalaya; (3) There shall be not less than three ordinary meetings of the Anusasaka (d) the Chairman of the Dayaka Mandalaya in a year convened so that there Mandalaya; shall be as nearly as may be at least one ordinary meeting every four months. A (e) the Librarian; special meeting of the Anusasaka Mandalaya shall be convened by the (f) the Director-General of Education or Secretary of the University on a direction an officer nominated in that behalf from the Chairman of the Mandalaya or the by the Director-General of Minister or on a requisition made in that Education provided, however, that behalf and signed by not less than three the officer so nominated is a person members for the time being of the who professes Buddhism ; and Anusasaka Mandalaya. (g) the Director of Cultural Affairs. (4) The quorum for a meeting of the Anusasaka Mandalaya shall be three. (3) Where the Director-General of Education or the Director of Cultural Affairs is a person who does not profess Powers, duties 11. Subject to the provisions of this Act and functions and of the Statutes and Rules, the Buddhism, the Minister shall, in place of the of the Director-General of Education or the Anusasaka Anusasaka Mandalaya shall have and Mandalaya. perform the following powers, duties and Director of Cultural Affairs, as the case may functions :— be, nominate to the Board of Education and Administration an officer who holds a post (a) to advise the Board of Education of similar status and who professes and Administration and the Buddhism. Dayaka Mandalaya on matters relating to the University; (4) In the absence of the Chairman of the Board of Education and Administration (b) to determine any such disputes on from any meeting of the Board, the matters relating to the University as members of the Board present at the may arise between the Board of meeting shall elect from their own number a Education and Administration and Chairman for that meeting. the Dayaka Mandalaya; and (5) The quorum for a meeting of the Board of Education and Administration to do or perform any other act or (c) shall be seven. duty authorized, or imposed upon the Anusasaka Mandalaya, by this Act. 13. Subject to the provisions of this Act Powers, duties and of the Statutes and Rules, the Board of and functions of the Board of Education and Administration shall have Education and The Board of 12. (1) The Board of Education and and perform the following powers, duties Administration. Education and Administration shall be the executive body and functions:— Administration. of the University. (a) to regulate and determine all matters (2) Subject to the provisions of concerning the educational subsection (3) the Board of Education and organization of the University in Administration shall consist of— accordance with this Act, the Statutes and Rules; (a) the Dharmapithadhipati who shall be the Chairman of the Board of (b) to regulate the admission of students Education and Administration, to the University;

XIV/206 BUDDHA SRAVAKA DHARMAPITHAYA [Cap.386

(c) to exercise such powers of the not otherwise provided for by this University as relate to— Act or by Statutes or Rules.

(i) the establishment of 14. A member of the Board of Restrictions on Departments of Study and the Education and Administration who is not a voting by imparting of instruction; certain bhikkhu may be present at any meeting of members of the the Board where any matter— Board of (ii) the holding of examinations of Education and the University; Administration relating to the conduct or capacity of on certain (a) matters. (iii) the grant to, or the a teacher of the University; or conferment on, persons of degrees, diplomas or other (b) relating to the conduct— distinctions of the University; (i) of any graduate of the (iv) the provision of post-graduate University, or courses; (ii) of any person who is the (v) the institution of teaching holder of a diploma or other posts, the making of appointments thereto and the distinction granted or conditions of employment of conferred by the University teachers; and who is a bhikkhu, or

(vi) the maintenance of discipline (iii) of any student of the in the University; and University who is a bhikkhu,

(vii) the conferment of honorary is discussed and may take part in the degrees; discussion but he shall not participate in the decision of the Board on such matter by (d) to suspend or dismiss or otherwise voting thereon. punish any teacher of the University on the grounds of incapacity or 15. (1) Subject to the provisions of The Dayaka conduct which renders him unfit to subsection (2), the Dayaka Mandalaya shall Mandalaya. be a teacher of the University if a consist of— decision to the effect that he is so unfit is made by the Board of (a) nine members nominated by the Education and Administration; Minister from persons who profess Buddhism and who are not (e) to consider, amend or adopt the bhikkhus; and estimates of the University as prepared by the Dayaka Mandalaya: the Director of Cultural Affairs. Provided that any such (2) Where the Director of Cultural amendment shall only be made at a Affairs is a person who does not profess joint meeting of the Board of Buddhism, the Minister shall, in place of the Education and Administration and Director of Cultural Affairs, nominate to the Dayaka Mandalaya; the Dayaka Mandalaya an officer who holds a post of similar status and who (f) to make Statutes and by Statute to professes Buddhism. amend, add to, alter or repeal any Statute; and (3) The Minister shall appoint one of the members of the Dayaka Mandalaya (g) to exercise all other powers of the nominated by him as the Chairman of the University, the exercise of which is Dayaka Mandalaya.

XIV/207 Cap.386] BUDDHA SRAVAKA DHARMAPITHAYA

(4) The Minister may, without assigning (c) to manage Halls of Residence for the any reason, remove from office the residence of the students of the Chairman of the Dayaka Mandalaya or any University; member of the Dayaka Mandalaya nominated by him, (d) to make such provision as may be necessary to enable a teacher of the (5) In the absence of the Chairman of University to maintain a standard the Dayaka Mandalaya from any meeting of of life as befits his position; the Dayaka Mandalaya, the members of the Dayaka Mandataya present at the meeting (e) to provide teachers of the University shall elect from among their own number a with facilities for such travel as is Chairman for the meeting. necessitated by their work in the University; (6) The quorum for a meeting of the Dayaka Mandalaya shall be five. (f) to receive and accept bequests, donations and grants of any Powers- duties 16. Subject to the provisions of this Act property to the University; and functions and the Statutes and Rules, the Dayaka of the Dayaka Mandalaya, Mandalaya shall have and perform the (g) to prepare the financial estimates of following powers, duties and functions :— the University;

(a) to administer the moneys and (h) to consider the annual accounts of properties of the University and to the University and cause such invest any moneys belonging to the accounts to be audited by an University, including any unapplied auditor appointed by the Auditor- income, in any security in which General and when audited, to be under the provisions of section 20 published in the Gazette ; and of the Trusts Ordinance or of any written law, it is lawful to invest (i) to deal with all financial matters trust moneys; or with the approval pertaining to the University. of the Minister in charge of the subject of Finance, to invest any 17. No act or proceeding of any Vacancy in. or such moneys in the purchase of Authority shall be invalid by reason only of defect in appointment or immovable property in Sri Lanka the existence of any vacancy among its nomination of, or vary such investments; or to members or any defect in the appointment a member of place on fixed deposit in any bank or nomination of a member thereof. an Authority not to approved by the Minister in charge invalidate any of the subject of Finance any act of the portion of such moneys not Authority. required for immediate PART IV expenditure; STATUTES AND RULES (b) to appoint officers of the University whose appointments are not 18. (1) Subject to the provisions of this Statutes. otherwise provided for and servants Act, Statutes may be made by the Board of of the University, to determine all Education and Administration providing for matters relating to their conditions all or any of the following matters :— of employment and to suspend or dismiss or otherwise punish any (a) the conditions of appointment and such officer or servant on the emoluments of the teachers, officers grounds of incapacity or conduct and servants of the University and which, in the opinion of the the powers and duties of such members of the Dayaka teachers and officers; Mandalaya, renders him unfit to be an officer or a servant of the (b) the organization of the different University; Departments of Study;

XIV/208 BUDDHA SRAVAKA DHARMAPITHAYA [Cap. 386 (c) the admission of students to the the keeping of their records and University; generally for all other matters relating to their business; and (d) the discipline of students; (b) for all matters for which Rules are (e) the courses of study for the different required or permitted by this Act to degrees and diplomas of the be made. University; (2) It shall be lawful by Rule to add to, (f) the conditions under which students amend, alter or repeal any Rule for the time shall be admitted to the degree or being in force. diploma courses and to the University examinations and be eligible for degrees and diplomas ; PART V

(g) the procedure of Convocations of EXAMINATIONS AND COURSES OF STUDY the University for the grant or conferment of degrees, diplomas or 20. All examinations held by the Examinations. other distinctions; University shall be conducted in such manner as shall be prescribed by Statute. (h) the conditions and mode of appointment, the duties and the 21. (1) No person shall be eligible for Admissions emoluments of examiners and the admission to a course of study for a degree and period of study for conduct and standard of of the University unless— graduation. examinations; (a) he is a bhikkhu, (i) the administration of the moneys and properties of the University ; (b) he has for at least three academic years been a whole-time student in (j) matters connected with the exercise any such Pirivena as is approved and performance of the powers, for the purposes of this section by duties and functions of the Dayaka the Board of Education and Mandalaya; and Administration, and (k) matters for which Statutes are required or permitted by this Act to (c) has passed the Preliminary be made or matters connected with Examination of the Oriental the exercise or performance of the Studies Society in Sinhala, Pali and powers, duties or functions of the Sanskrit or an equivalent or higher Board of Education and examination in the same subjects- Administration. 22. (1) Any male person, whether he is Post-graduate (2) It shall be lawful by Statute to add a bhikkhu or not, shall, subject to the courses. to, amend, alter or repeal any Statute for Statutes, be eligible for admission to a post- the time being in force, graduate course at the University—

(3) No Statute shall take effect until it is (a) if he has obtained a degree of the approved by the Minister and published in University, or the Gazette. (b) if he has obtained a degree at any Rules. 19. (1) Subject to the provisions of this other University in the subject or Act and of the Statutes, the Authorities of subjects relevant to the post- the University may make Rules providing— graduate course, such other University being a University the (a) for all matters of procedure at the examinations of which are meetings of such Authorities, for recognized as equivalent to the the holding of their meetings, for examinations of the University.

XIV/209 Cap.386] BUDDHA SRAVAKA DHARMAPITHAYA

(2) The number of persons, other than 26. There shall be a fund to be called the University bhikkhus. admitted to follow post-graduate University Fund, into which shall be paid— Fund. courses in the University shall not, at any time, exceed twenty-five. (a) the income from endowments made to the University; PART VI (b) moneys provided by Parliament as PROVISIONS RELATING TO TEACHERS OF grants in aid of the University ; and THE UNIVERSITY (c) all other moneys belonging to the Appointment 23. (1) No person who is not a University from whatsoever source of teachers, bhikkhu shall be appointed to the derived. permanent staff of the University as a teacher. 27. (1) The Deputy Secretary to the Grants in aid Treasury shall, as soon as may be after the of the (2) A male person who is not a bhikkhu commencement of each financial year, pay University. may be appointed as a visiting teacher. to the University such moneys as may be provided by Parliament under the annual (3) Every appointment to a post of Appropriation Act as a grant in aid of the teacher in the University shall be made by University. the Board of Education and Administration after considering the recommendation of a (2) The Deputy Secretary to the Board of Selection, the members of which Treasury shall, from time to time, pay to the shall be— University such moneys as may be provided by Parliament, by way of a supplementary (i) the Dharmapithadhipati, vote or otherwise, as a grant in aid of the (ii) two members appointed by the University. Board of Education and (3) All moneys paid under the preceding Administration from among its own subsections of this section to the University body, shall be applied or expended by the (iii) the Director-General of Education University for all or any of the purposes or an officer nominated by him in authorized by or under this Act. that behalf, and 28. It shall be the duty of the Secretary Secretary of the Director of Cultural Affairs. of the University— the University (iv) to keep accounts. Remuneration 24. (1) A bhikkhu who is appointed to (a) to keep the accounts of the of teachers, any post in the University shall not be paid University in such form as the officers and any emoluments. The Dayaka Mandalaya Dayaka Mandalaya shall, after servants. consultation with the General shall, in respect of such bhikkhu, make such Treasury, from time to time direct; provision as may be necessary to enable him to maintain a standard of life befitting his (b) to receive all moneys paid to the position. Any expenses incurred in that University Fund and to credit such behalf by the Dayaka Mandalaya shall be moneys to the proper heads of charged to the University Fund. account;and (2) Persons, other than bhikkhus, in the (c) to make all authorized payments : employ of the University may be paid such emoluments as may be determined by Provided that income derived from grants Statute. made for specific purposes, or from endowments for specific objects, shall be PART VII separately accounted for in the accounts of the University, and that no payments shall FINANCIAL PROVISIONS be made from such income for the general purposes of the University or for any Financial year. 25. The financial year of the University purposes or objects other than those for shall be the same as the financial year of the which such grants or endowments were Government. respectively made.

XIV/210 BUDDHA SRAVAKA DHARMAPITHAYA [Cap. 386

Audit of 29. (1) The accounts of the University 30. (1) The Auditor-General shall Auditor- accounts. shall be annually audited by the examine the accounts of the University and General's report. Auditor-General. furnish a report—

(2) For the purpose of assisting him in (a) stating whether he has or has not the audit of such accounts, the Auditor- obtained all the information and General may employ the services of any explanations required by him; qualified auditor or auditors who shall act under his direction and control. (b) stating whether the accounts referred to in the report are properly drawn (3) The Auditor-General and any person up so as to exhibit a true and assisting him in the audit of the accounts of fair view of the affairs of the the University shall have access to all such University; and books, deeds, contracts, accounts, vouchers and other documents of the University as (c) drawing attention to any item in the the Auditor-General may consider necessary accounts which in his opinion may for the purposes of the audit, and shall be be of interest to Parliament. furnished by the Secretary of the University or any other officer of the University with (2) The Auditor-General shall transmit such information within his knowledge as his report to the Dayaka Mandalaya. may be required for such purposes. (3) On receipt of the Auditor-General's (4) For the purpose of meeting the report by the Dayaka Mandalaya, the expenses incurred by him in the audit of the accounts of the University, the Auditor- Mandalaya shall consider the report and General shall be paid from the University shall transmit a copy thereof to the Fund such remuneration as the Minister Minister, together with a copy of the may determine with the concurrence of the statement of accounts to which the report Minister in charge of the subject of Finance. relates and the observations of the Any remuneration received by the Auditor- Mandalaya on the report; and the General under this subsection shall, after Mandalaya shall also cause such report and deducting any sums paid by him to any statement to be published in the Gazette- qualified auditor or auditors employed by him for the purposes of such audit, be (4) The Minister shall lay copies of the credited to the Consolidated Fund. report and statement referred to in subsection (3) before Parliament. (5) For the purposes of this section, the expression " qualified auditor " means— 31. (1) The annual financial estimates Financial prepared by the Dayaka Mandalaya shall, estimates. before the first day of June of each (a) an individual who, being a member of the Institute of Chartered preceding year, be sent to the Secretary to Accountants of Sri Lanka, or of the Ministry. any other Institute established by law, possesses a certificate to (2) In the case of necessity and in order practise as an Accountant issued by to meet unforeseen expenditure, it shall the Council of such Institute ; or at any time be lawful for the Dayaka Mandalaya to prepare supplementary (b) a firm of Accountants each of the estimates of expenditure. resident partners of which, being a member of the Institute of PART VIII Chartered Accountants of Sri MISCELLANEOUS Lanka or of any other Institute established by law, possesses a 32. No person shall reside within the Restriction on certificate to practise as an University precincts unless he— residence Accountant issued by the Council within University of such Institute. (a) is a bhikkhu, or precincts.

XIV/211 Cap.386] BUDDHA SRAVAKA DHARMAPJTHAYA

(b) is a servant in a Hall of Residence of 34. (1) If the Minister is of the opinion Removal of the University. that there is sufficient proof that the Dharna- pithadhipati Dharmapithadhipati or any Authority, from office and Prohibition of 33. (1) Where the presence of any other than the Anusasaka Mandalaya, has dissolution of undesirable person in the University precincts is acted in a manner detrimental to the an Authority. persons from entering undesirable, the Secretary of the University interests of the University, the Minister precincts. after giving such person an opportunity of may, by Order in writing— being heard, may, with the consent of the Board of Education and Administration, by (a) remove the Dharmapithadhipati writing under the hand of the Secretary from office, or served on such person, prohibit such person from entering or remaining within the (b) dissolve such Authority, University precincts or within such part thereof as may be specified in such writing. as the case may be. Such prohibition shall be and remain in force until revoked by the Secretary with the (2) Where the Minister under subsection consent of the Board of Education and (1) removes the Dharmapithadhipati from Administration. office, he may by the same or subsequent Order appoint a fit and proper person to (2) A certificate under the hand of the exercise and perform the powers, duties and Secretary of the University to the effect that functions of the Dharmapithadhipati; and any person named in the certificate has the Minister may from time to time, by been prohibited, in accordance with the Order in writing remove or replace the provisions of subsection (I), from entering person so appointed. or remaining within the University precincts or any specified part thereof, shall be (3) The person appointed under received and accepted by a court of law subsection (2) may, until a new as evidence of the facts stated in such Dharmapithadhipati is duly appointed, certificate until the contrary is proved. exercise and perform all the powers, duties and functions of the Dharmapithadhipati. (3) A document purporting to be a certificate issued by the Secretary of the (4) Where the Minister under subsection University and to be signed by him shall be (1) dissolves any Authority, he may by the received in evidence, and shall, until the same or subsequent Order appoint a fit and contrary is proved, be deemed to be a proper person or two or more such persons certificate issued by the Secretary under to exercise and perform the powers, duties subsection (2). and functions of that Authority; and the Minister may from time to time, by Order (4) Any person who is prohibited under in writing remove or replace any person so the provisions of subsection (1) from appointed. entering or remaining within the University precincts or part thereof and who, without (5) Any person or persons appointed reasonable cause, enters or remains within under subsection (4) to exercise and perform such precincts or part thereof in the powers, duties and functions of an contravention of such prohibition shall be Authority dissolved under subsection (1) guilty of an offence and shall, on conviction may, until a new Authority is duly after summary trial before a Magistrate, be constituted, exercise and perform all the liable to a fine of one hundred rupees in powers, duties and functions of the respect of each day on which he has entered Authority which was dissolved. Such new or during which he has remained within Authority shall not be constituted until a such precincts or part thereof. direction in that behalf is given by the Minister. (5) An offence under subsection (4) shall be cognizable and bailable within the 35. The degrees, diplomas and other Degrees, meaning of those terms as defined in the distinctions which the University may grant diplomas and other Code of Criminal Procedure Act. to, or confer upon, persons who have distinctions.

XIV/212 BUDDHA SRAVAKA DHARMAPITHAYA [Cap.386 pursued approved courses of study in the in accordance with the provisions of University shall be such degrees, diplomas section 10; or other distinctions as may be determined by Statute. " Authorities " means the Authorities of the University mentioned in section Deprivation of 36. (1) Where a bhikkhu who has 9; degree, &c., in received any degree, diploma or other certain distinction of the University ceases to be a circumstances. " bhikkhu" means a bhikkhu, whether bhikkhu, he shall be deprived of such Upasampada or Samanera, who has degree, diploma or other distinction and of all the privileges of the University which he been registered as such according to enjoys. section 41 of the Buddhist Temporalities Ordinance; (2) Where a person who has received a degree, diploma or other distinction of the " Board of Education and University is convicted of any crime or Administration " means the Board offence involving moral turpitude or is of Education and Administration guilty of scandalous conduct, it shall be constituted in accordance with the lawful for the Dharmapithadhipati, on the provisions of section 12; recommendation made by the Board of Education and Administration after a " Dayaka Mandalaya " means the Dayaka decision to make such recommendation is Mandalaya constituted in taken by not less than two-thirds of the members of that Board entitled under this accordance with the provisions of Act to make such decision, to deprive such section 15; person of any degree, diploma or other distinction granted to, or conferred upon, " Minister " means the Minister who is for such person and of all the privileges of the the time being in charge of the University which he enjoys. subject of Higher Education and " Ministry" shall be construed Special 37. Where a bhikkhu who is employed accordingly; provisions for as a teacher or an officer of the University bhikkhus after retirement. retires after a period of not less than ten " officer" means the Secretary of the years' service in the employ of the University or the holder of any post University, the Dayaka Mandalaya may or office in the University but does make such provision for the future as may not include a teacher or a servant; be necessary to enable him to maintain a standard of life befitting his position; and " Rule" means any Rule made by an any expenses incurred in that behalf by the Authority in accordance with the Dayaka Mandalaya shall be charged to the provisions of this Act; University Fund. " Statute " means any Statute made by Alteration of 38. The seal of the University may be the Board of Education and seal. altered in such manner as may be Administration in accordance with determined by the Board of Education and the provisions of this Act; Administration. " teacher" includes a Professor, a Lecturer and any other person PART IX imparting full-time instruction in INTERPRETATION the University; " University" means the University interpretation. 39. In this Act unless the context otherwise requires— established under section 2;

" Anusasaka Mandalaya" means the " University precincts " means the site on Anusasaka Mandalaya constituted which the University has its seat.

XIV/2I3