33. In this Act, unless the context otherwise requires,- " assisted school" has the same meaning as in the principal Act; "Director" means the Director of Education, and includes any Additional Director of Education, any Deputy Director of Education, any Additional Deputy Director of Education, any Assistant Director of Education or any Additional Assistant Director of Education; " person interested ", in relation to-
| (a) any immovable property, means a person having an interest in such property as owner, co-owner, mortgagee, lessee or otherwise, whether absolutely for himself or in trust for any other person or for any charitable, religious, educational or other purpose; or |
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| (b) any movable property, means a person having an interest in such property as owner, co-owner, pledgee or otherwise, whether absolutely for himself or in trust for any other person or for any charitable, religious, educational or other purpose; |
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" property liable to vesting" means any property belonging to any class or description of property for the time being specified in the First Schedule to this Act, but does not include-
| (a) any temple, mosque, kovil, church, chapel, or other place (by whatsoever name called) which was, on July 21, 1960, and is on the date of commencement of this Act, used for the purpose of public religious worship ; or |
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| (b) any movable property which is, on the date of such commencement, kept in such temple, mosque, kovil, church, chapel, or other place, for exclusive use for that purpose; |
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" religious observance or worship " does not include any religious instruction given during school hours. 1. The premises in which any school to which this Act applies, or any branch of such school, was conducted and maintained as an assisted school on July 21, 1960, including all appurtenances to such premises, whether or not the proprietor of such assisted school on that date was the owner of such premises. 2. Any premises, not being premises referred to in subsection (1), which were on July 21, 1960, used or intended to be used for any purpose incidental to, or connected with, the conduct and maintenance, as an assisted school, of any school to which this Act applies, if but only if the proprietor of such assisted school on that date was the owner of such premises. 3. All movable property, other than money, which on the day immediately prior to the date of commencement of this Act, was used, or intended to be used, for the conduct and maintenance of any school to which this Act applies, or for any purpose incidental to or connected with such conduct and maintenance, whether or not the proprietor of such school on that date was the owner of such property. 4. All assets consisting of moneys derived from the conduct and maintenance of any school to which this Act applies, whether by way of grants or fees or donations or otherwise, which, on the day immediately prior to the date of commencement of this Act, were held for and on behalf of such school by the proprietor of such school (whether in his capacity as proprietor or trustee or otherwise), or by any other person (whether in the capacity of trustee or any other capacity whatsoever). 5. For the purposes of this Schedule, the expression " premises " means land and includes all buildings, or structures in or on such land. 1.
| (1) Section 5 of the principal Act is hereby amended by the addition of the following new sub-section after subsection (2): -
| | " (3) A proprietor of an assisted school who has elected in terms of subsection (1) of this section to administer his school as an unaided school may at any time serve notice on the Director that he has revoked such election and from the date on which such notice is received by the Director such school shall be administered in the same manner as if the Director had become the manager of such school in terms of section 4 of this Act.". | | |
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| (2) Section 6 of the principal Act is hereby amended as follows: -
| | (a) in paragraph (g) of that section by the substitution, for the full stop, of a semi-colon, and | | |
| | (b) by the addition at the end of that section of the following new paragraphs: -
| | | " (h) shall not, except with the prior approval of the Director, terminate the services of any teacher or employee who is on the staff of such school on or after the twenty-first day of July, 1960; |
| (i) shall pay to every teacher and employee who is on the staff of such school the salary and allowances due to such teacher or employee in respect of any month not later than the tenth day of the subsequent month; |
| (j) shall not, except with the prior approval of the Director, alter the terms and conditions (including terms relating to salary, allowances and leave) of service of any teacher or employee who is on the staff of such school on or after the twenty-first day of July, 1960; |
| (k) shall satisfy the Director that necessary funds to conduct and maintain the school will be available and shall conduct such school to the satisfaction of the Director; and |
| (l) shall not directly or indirectly by himself or any other person cause or permit any other person to have any strike or lockout within or about the school premises which would have the effect of preventing such school being conducted to the satisfaction of the Director.". |
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| (3) Section 14 of the principal Act is hereby amended as follows: -
| | (a) by the substitution for subsection (2) of that section of the following new subsection: -
| | | " (2) Every regulation made under this Act by the Minister shall be published in the Gazette and shall have effect from the date of such publication or from such later date as may be specified therein "; and |
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| | (b) by the insertion at the end of that section of the following new subsections: -
| | | " (3) Every regulation made by the Minister under this Act shall, as soon as convenient after its publication in the Gazette, be brought before the Senate and the House of Representatives for approval. Any regulation which is not so approved shall be deemed to be rescinded as from the date of disapproval and without prejudice to anything previously done thereunder. |
| (4) Every such regulation shall on its taking effect as herein before provided have the same force and effect as if it were herein enacted, but shall cease to have such force and effect if it is not approved as required by subsection (3). ". |
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| (4) The Schedule to the principal Act is hereby amended as follows: -
| | (a) by the omission of the words " Any night school, that is to say, any school providing education for pupils over fourteen years of age whose circumstances prevent them from receiving instruction in a day school. "; and | | |
| | (b) by the substitution, for the word " Pirivenas ", of the words " Any school which was conducted on July 21, 1960, mainly for persons over fourteen years of age.". | | |
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Sri Lanka Consolidated Acts