Sri Lanka Consolidated Acts

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Higher Education Act (No. 20 of 1966) - Sect 95

Application of Chapter 268 to areas within the precincts or in proximity to the precincts of a University

95.
(1) Notwithstanding anything in the 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 a University, to declare by Notification 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 any area of land within the precincts or in proximity to the precincts of a University to which the said Ordinance does not otherwise apply, as if such area were an area comprised within the limits of a local authority.
(2) Upon the publication of any Notification under subsection (1) of this section, the said Chapter shall apply accordingly, subject to the following modifications therein: -
(a) The word " Vice-Chancellor" shall be substituted for the word " Chairman", wherever the latter word occurs therein.
(b) The following section shall be substituted for section 7 thereof: -
7. The Vice-Chancellor of a University shall not refuse-
(c) In section 8 (a) thereof, the words " by local by-laws, or in the absence of such by-laws" shall be omitted.
(d) In section 8 (b) thereof, the words " so as to bring it into accordance with such form or so as to contain any of such particulars" shall be substituted for the words " so as to bring. it into accordance with law ".
(e) In section 8 (e) thereof, the word " Chapter ", shall be substituted for the word "Ordinance".
(f) In section 13 (1) (c) thereof, the words "this Chapter" shall be substituted for the words " this Ordinance or of any local by-law".
(g) In section 13 (2) thereof, the words " so as not! to injure the amenities of the precincts of a University " shall be substituted for the words " in such a way as to bring it into accordance with law", and the words " and any expenses thereby incurred shall be recoverable upon an order made by the Magistrate in the same manner as a fine imposed by him, and upon recovery shall be paid to the Vice-Chancellor " shall be substituted for the words " and to recover the expenses thereby incurred in the same manner and by the same process as a rate ".
(h) In section 15 (1) thereof, the words " does not injure (the amenities of the precincts of a University" shall be substituted for the words " is in accordance with law ".
(i) The reference to the tribunal of appeal in section 16 thereof 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 of any of the powers conferred on the Vice-Chancellor of a University under the provisions of this section shall be subject to the consent of the Board of Regents, and if the Vice-Chancellor refuses to approve any plan, drawing or 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 for any loss or damage he may sustain in consequence of such refusal; and any person aggrieved by the 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 of the District Court on any such appeal shall be final and conclusive.


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