ACT, No. 16 OF 2014

16of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SAMASTHA LANKA SASANARAKSHAKA
MANDALAYA (INCORPORATION)
ACT, No. 16 OF 2014
[Certified on 24th April, 2014]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of April 25, 2014
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 17.00 Postage : Rs. 10.00

Samastha Lanka Sasanarakshaka Mandalaya 1
(Incorporation) Act, No. 16 of 2014
[Certified on 24th April, 2014]
L.D.—O. (Inc.) 18/2012.
ANACT TO INCORPORATE THE SAMASTHA LANKA SASANARAKSHAKA
MANDALAYA
WHEREAS a Board called and known as the "Samastha Preamble.
Lanka Sasanarakshaka Mandalaya" has heretofore been
formed in Sri Lanka for the purpose of effectually carrying
out its objects and transacting all matters connected with
the said Board according to the rules agreed to by its members:
AND WHEREAS the said Board has heretofore successfully
carried out and transacted the several objects and matters for
which it was formed and has applied to be incorporated and it
will be for the public advantage to grant the said application:
BE it therefore, enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows :—
1. This Act may be cited as the Samastha Lanka Short title.
Sasanarakshaka Mandalaya (Incorporation) Act, No. 16 of
2014.
2. (1) From and after the date of commencement of this Incorporation of
the Samastha
Act, such and so many persons as now are members of the
Lanka
“Samastha Lanka Sasanarakshaka Mandalaya” (hereinafter Sasanarakshaka
referred to as the the “Board”) and shall hereafter be admitted Mandalaya.
as members of the Corporation hereby constituted, shall be
a body corporate (hereinafter referred to as the "Corporation")
with perpetual succession, under the name and style of the
"Samastha Lanka Sasanarakshaka Mandalaya" and by that
name may sue and be sued, with full power and authority to
have and use a common seal and to alter the same at its
pleasure.
2—PL 006619— 2,050 (03/2012)
2 Samastha Lanka Sasanarakshaka Mandalaya
(Incorporation) Act, No. 16 of 2014
(2) The Corporation shall be deemed to be a voluntary
social service organization within the meaning, and for the
purpose of the voluntary social services organizations
(Registration and Supervision) Act, No. 31 of 1980 and the
provisions of that Act shall apply to and in relation to the
management of the affairs of the Coporation.
General objects of 3. The general objects for which the Corporation is
the Corporation. constituted are hereby declared to be to:—
(a) assist the relevant authorities to take steps to
promote wellbeing of Buddha Sasana;
(b) assist the relevant authorities to take steps to
promote the development of Bikku society;
(c) assist the relevant authorities in promoting the
development and rehabilitation of the Buddhist
Temples situated in remote areas;
(d) assist the relevant authorities in ensuring a cordial
relationship between the Buddhist monks and the
lay Buddhists;
(e) assist the relevant authorities to develop "Dhamma
School Education”;
(f) assist the relevant authorities to act for the welfare
of the teachers and students of Dhamma Schools;
(g) assist the relevant authorities to enhance and protect
the Buddhist heritage from external influences;
(h) assist the relevant authorities to propagate Buddhist
customs among the Buddhist adherents and take
necessary steps to protect the same; and
(i) coordinate with, supervise and provide guidelines
to the district and provincial branches of the
Corporation to achieve the objectives of the
Corporation.
Samastha Lanka Sasanarakshaka Mandalaya 3
(Incorporation) Act, No. 16 of 2014
4. The objects of the Corporation shall be carried out Corporation to
ensure no
in such manner so as not to create conflict between the work
conflict with
of the Corporation and any work being carried out work of
simultaneously by any Ministry or Department of the Ministry or
Government or of any provincial Council. Department of
the Government
or Province.
5. (1) Subject to other provisions of this Act the Management of
the affairs of the
Management and administration of the affairs of the
Corporation.
Corporation shall be carried out by a Executive Committee
(hereinafter referred to as the “Committee”) consisting of
such number of office bearers as may be specified by the
rules made under section 7.
(2) (a) The Committee of the Society that hold office on
the day immediately preceding the date of commencement
of this Act, shall function as the Committee of the Corporation
until the first Board is appointed or elected in the manner
provided for by rules made under section 7.
(b) The first Committee of the Corporation shall be
appointed or elected within one year of the date of
commencement of this Act.
(3) (a) Every office bearer of the Committee including
the patrons and advisers, shall be appointed or elected for a
period of three years and any such office bearer, patron or
adviser shall be eligible for re-appointment or re-election
after lapse of the said period of three years.
(b) In the event of a vacancy occurring due to the death
resignation, incapacity or removal from office of an office
bearer, the Committee shall having regard to the rules of the
Corporation, elect or appoint a person to fill such vacancy.
(c) The perosn elected or appointed under paragraph (b)
shall hold office only for the unexpired portion of the term
of office of the member whom he succeeds.
4 Samastha Lanka Sasanarakshaka Mandalaya
(Incorporation) Act, No. 16 of 2014
General Power 6. Subject to the provisions of this Act and any other
of the
written law, the Corporation shall have the power to do,
Corporation.
perform and execute all such acts, matters and things
whatsoever, as are necessary or desirable for the promotion
or furtherence of the objects of the Corporation or any one
of them including the power to:—
(a) purchase, acquire, hold, take or give lease or hire
mortgage, pledge, sell exchange or otherwise
alienate, encumber or dispose of any immovable
property for the purposes of the Corporation;
(b) enter into and perform or carry out, whether directly
or through any officer or agent authorized in that
behalf by the Corporation, all such contracts or
agreements as may be necessary for the attainment
of the objects or the exercise of the powers of the
Corporation;
(c) accept grants, gifts, donations and bequests in cash
or in kind:
provided that, notwithstanding anything to the
contrary in any other provisions of this Act, the
Board shall obtain prior written approval of the
Department of External Resources of the Ministry
of the Minister to whom the subject of Finance is
assigned, in respect of all foreign grants, gifts or
donations;
(d) invest its funds, and to open, maintain and close
current, deposit and savings accounts in any bank;
(e) borrow or raise any money from any bank or
institution approved by the Executive Committee,
for the purposes of the Corporation in such manner
and upon such security as the Executive Committee
may think fit; and
Samastha Lanka Sasanarakshaka Mandalaya 5
(Incorporation) Act, No. 16 of 2014
(f) appoint, employ transfer, remunerate, exercise
disciplinary control over and dismiss officers and
servents required for the carrying out of the objects
of the Corporation.
7. (1) It shall be lawful for the Corporation, from time to Rules of the
time, at any general meeting of the Corporation and by a Corporation.
majority of not less than two-thirds of the members present
and voting, to make rules, not inconsistent with the
provisions of this Act or any other written law, for all or any
of the following matters:–
(a) the classification of membership, admission,
withdrawal, expulsion or resignation of members
and fees payable by the members;
(b) the election of office bearers of the Committee or
vacation of or removal from office of office bearers
and the powers, duties and functions of the office
bearers;
(c) the terms and conditions of appointment, powers,
functions and duties of various officers, agents and
servants of the Corporation;
(d) The procedure to be follwed for the summoning
and holding of meetings of the Committee, or
any sub-committee thereof, notices and agenda of
such meetings, the quorum the conduct of
business thereat;
(e) the qualifications and disqualifications to be a
member of the Committee and the Corporation;
(f) the administration and management of the property
of the Corporation; and
(g) generally the management of the affairs of the
Corporation and the accomplishment of its’ objects
and dissolution of the Corporation.
6 Samastha Lanka Sasanarakshaka Mandalaya
(Incorporation) Act, No. 16 of 2014
(2) Any rule made by the Corporation may be amended,
altered, added to or rescinded at a like meeting and in the
like manner as a rule made under subsection (1).
(3) The members of the Corporation shall at all times be
subject to the rules of the Corporation.
(4) The rules made under this section shall be published
in the Government Gazette.
Register of 8. The Committee shall maintain a register of members
members.
in which name, address and other essential details of the
members shall be inscribed.
Fund of the 9. (1) The Corporation shall have its own fund.
Corporation.
(2) All moneys received by way of gift, bequest, donation,
subscription, contribution, fees or grants for and on account
of the Corporation shall be deposited in one or more banks
approved by the Committee to the credit of the Corporation.
(3) There shall be paid out of the Fund, all sums of money
as are required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of its
powers, duties and functions under the Act.
Accounts and 10. (1) The financial year of the Corporation shall be
Auditing.
the calendar year.
(2) The Corporation shall cause proper accounts to be
kept of its income and expenditure, assets and libilities and
all other transactions of the Corporation.
(3) The accounts of the Corporation shall be audited
annually by the Auditor General or a qualified auditor
appointed by Auditor General in terms of Article 154 of the
Constitution.
Samastha Lanka Sasanarakshaka Mandalaya 7
(Incorporation) Act, No. 16 of 2014
(4) For the purposes of this section, "qualified auditor"
means–
(a) an individual who being a member of the
Institute of Chartered Accountants of Sri Lanka
or of any other Institute established by law,
possesses a certificate to practice as an
Accountant, issued by the Council of such
Institute; or
(b) a firm of Accountants each of the resident partners
of which, being a member of the Institute of
Chartered Accountants of Sri Lanka or of any
other Institute establisehd by law, possesses a
certificate to practice as an Accountant, issued
by the Councial of such Institute.
11. (1) The Committee shall prepare a report of the Annual Report.
activities of the corporation for each financial year and submit
such report together with the audited statement of accounts
to the Secretary of the Ministry of the Minister assigned the
subject of Buddha sasana and Religious Affairs and to the
Registrar of Voluntary Social Services Organization
(Registration and Supervision) Act, No. 31 of 1980 before
the expiration of six months of the year succeeding the year
to which such report relates.
(2) A separate Account relating to the foreign and
local moneys received by the Corporation during the
financial year shall be attached to the report referred to in
subsection (1).
12. All debts and liabilities of the Board existing on the Debts due by
day preceding the date of commencement of this Act shall be and payable to
the Board.
paid by the Corporation hereby constituted and all debts due
to, subscriptions and contributions payable to the Board on
that day shall be paid to the Corporation for the purposes of
this Act.
8 Samastha Lanka Sasanarakshaka Mandalaya
(Incorporation) Act, No. 16 of 2014
Corporation 13. Subject to the provisions of this Act, the Corporation
may hold
shall be able and capable in law to take and hold any property,
property
movable and movable or immovable, which may become vested in it by
immovable. virtue of any purchase, grant, gift, testamentary disposition
or otherwise, and all such property shall be held by the
Corporation for the purpose of this Act and subject to the
rules of the Corporation made under section 7, with full
power to sell, mortgage, lease exchange or otherwise dispose
of, the same.
Application of 14. The moneys and property of the Corporation however
moneys and
derived shall be applied solely towards the promotion of its
property.
objects of the Corporation and no portion thereof shall be
paid or transferred directly or indirectly by way of dividend,
bonus or profit or otherwise howsoever to the members of the
Corporation.
Seal of the 15. (1) The seal of the Corporation shall not be affixed to
Corporation. any instrument whatsoever, except in the presence of two
members of the Committee who shall sign their names to the
instrument in token of their presence and such signing shall
be independent of the signing of any person as a witness.
(2) The seal of the Corporation shall be in the custody of
an office bearer of the Committee as may be decided by such
Committee.
Property 16. (1) If upon the dissolution of the Corporation there
remaining on remains after the satisfaction of all its debts and liabilities
dissolution.
any property whatsoever, such property shall not be
distributed among the members of the Corporation but shall
be given or transferred to any other institution having
objects similar to those of the Corporation, and which is by
the rules thereof, prohibited from distributing any income or
property among its or members.
(2) For the purposes of subsection (1) the appropriate
institution shall be determined by the members of the
Samastha Lanka Sasanarakshaka Mandalaya 9
(Incorporation) Act, No. 16 of 2014
Corporation immediately before the dissolution at a general
meeting by the majority of votes of the members present.
17. Nothing in this Act contained shall prejudice or affect Saving of the
rights of the
the rights of the Republic and of any body politic or corporate. Republic and
others.
18. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall reveal in case of
inconsistency.
prevail.

10 Samastha Lanka Sasanarakshaka Mandalaya
(Incorporation) Act, No. 16 of 2014
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