Sri Lanka Consolidated Acts

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Buddhasravaka Bhikku University Act (No. 26 of 1996) - Sect 51

Application of the Chapter 268 to areas within precinetsor in proximity to the precinets of the University

51.
(1) Notwithstanding anything in Housing and Town Improvement Ordinance it shall be lawful for the Minister in consultation with the Minister in charge of the subject of local Government, if he deems it expedient so to do in order to preserve the amenities of the precincts of the University to declare by an order published in the Gazette that Chapter I of Part II of that Ordinance shall apply, subject to the modifications specified in subsection (2)of this section to arty area of land within the precincts or in proximity to the precincts of the University and specified in such Order to which the said Ordinance does not otherwise apply, as it such area were an area comprised within the limits of a local authority.
(2) Upon the publication of an Order under subsection (1) of this section, the said Chapter shall apply to the area specified in the Order subject to the following modifications, as if
(i) the words "Mahopadyaya" were substituted for the word "Chairman" wherever that word occurs therein;
(ii) the following section were substituted for section 7 thereof-
(iii) the following paragraph were substituted for paragraph (a) of section 8 thereof " (a) the submission of any plan drawing or specification in such form and contaning such particulars as may be prescribed by the Mahopadyaya ";
(iv) the following paragraph were substituted for paragraph (b) of section 8 -
"(b) the amendment of any plan, drawing or specification so submitted so as to bring it into accordance with such form or so as to contain any such particulars ;
(v) In paragraph of section 8 thereof, the words "this Chapter" were substituted for the words " the Ordinance" :
(vi) the following paragraph were substituted for paragraph (c) of subsection (1) of section 13 thereof-
"(c) execute any building operation in contravention of any of the provisions of this Chapter";
(vii) The following sub-section were substituted for subsection (2) of section 13 thereof-
"(2) In any case in which any person is convicted under this section, the Magistrate may, on the application of the Mahopadyaya make a mandatory order requiring such person or the owner of the building or both, within a time limited in the order, to demolish the building in question or to alter it so as not to injure the amenities of the precincts of the University, and in the event of such mandatory order not being complied with, may authorize the Mahopadyaya to demolish alter or otherwise deal with the building in such a manner as to secure compliance with the order and any expenses thereby incurred shall be recovered upon an order made by the Magistrate in the same manner as a fine imposed by him and upon the recovery shall be paid to the Mahopadyaya of the University.
(viii) the following sub-section were substituted for subsection (I) of section 15 thereof -
"(1) No building constructed alter the coming into operation of this section shall be occupied except by a caretaker until the Mahopadyaya has given a certificate that such building as regards construction, drainage and in all other respects, does not injure the amenities of the' precincts to the University ; and
(ix) the reference to the tribunal of appeal in section 16 shall be deemed to be a reference to the District Court having jurisdiction in the district in which the said area is situated.
(3) The exercise if any of the powers conferred on the Mahopadyaya of the University under the provisions of this section shall be subject to the consent of the Council of the University and if such Mahopadyaya refuses to approve any plan, drawing for specification of any building or to consent to any alteration in any building within the said area on the ground that it will injure the amenities of the precincts of the University the University shall make compensation to any person to any loss or damage he may sustain in consequence of such refusal .and any person aggrieved by failure of the University to make such compensation or to make adequate compensation, may appeal to the District Court having jurisdiction in the district in which such area is situated and the decision the District Court on any such appeal shall be final and conclusive.

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