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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
MADAMPE THANIWELLA MAHA DEVALE TRUST
(INCORPORATION) ACT, No. 2 OF 2009
[Certified on 30th January, 2009]
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 January 30, 2009
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00

Madampe Thaniwella Maha Devale Trust 1
(Incorporation) Act, No. 2 of 2009
[Certified on 30th January, 2009]
L.D.—O. Inc 11/2006.
ANACT TO INCORPORATE THE MADAMPETHANIWELLA MAHA
DEVALETRUST
WHEREAS a trust called and known as “The Madampe Preamble.
Thaniwella Maha Devale Trust” has heretofore been formed
for the purpose of effectually carrying out and transacting all
objects and matters connected with the Trust Deed No. 67
dated the fourth of December 1997 attested by Victor
Pragnawasa Karunaratne, Notary Public according to the rules
agreed to by its members :
AND WHEREAS the Board of Trustees of the said Trust has
heretofore successfully carried out and transacted the several
objects and matters for which it was established and has
applied to be incorporated and it will be for the public
advantage to grant such 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 Madampe Thaniwella Short title.
Maha Devale Trust (Incorporation) Act, No. 2 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of the the Madampe
Thaniwella Maha
“Madampe Thaniwella Devale Trust” (hereinafter referred to Devale Trust.
as “The Trust”) and shall hereafter be admitted 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 Madampe
Thaniwella Maha Devale Trust” 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 as may be decided by the
Board of Management.
2—PL 003225—3,200 (09/2008)
2 Madampe Thaniwella Maha Devale Trust
(Incorporation) Act, No. 2 of 2009
General objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to maintain, improve and manage the Madampe
Thaniwella Maha Devale and its shrine ;
(b) to perform and observe all religious rites in
Madampe Thaniwella Maha Devale ;
(c) to organize, supervise and carry out the annual alms
giving at the said Devale ;
(d) to provide for the propagation of the Buddha
dhamma among Buddhists and the fostering of the
order of the Sangha;
(e) to provide for the teaching of Dhamma to Buddhists
by Bhikkus and for the maintenance and welfare of
such Bhikkus ; and
(f) to encourage the Buddhists to live a life according
to the teachings of Buddha.
Management of 4. (1) The affairs of the Corporation shall, subject to the
the affairs of the provisions of this Act, and any rule that may be made under
Corporation.
section 6, be administered by a Board of Trustees (hereinafter
referred to as “the Board”).
(2) The first Board of Trustees of the Corporation shall
consist of the members of the Madampe Thaniwella Maha
Devale Trust, holding office on the day immediately
preceding the date of commencement of this Act.
General powers 5. Subject to the provisions of this Act and any other
of the
written law the Corporation shall have the power —
Corporation.
(a) to acquire and hold any property, movable or
immovable, which may become vested in it by
virtue of any purchase, grant, gift, testamentary
disposition or otherwise ;
Madampe Thaniwella Maha Devale Trust 3
(Incorporation) Act, No. 2 of 2009
(b) to sell, mortgage, lease, exchange or otherwise
dispose of any such property ;
(c) to appoint, employ, remunerate, exercise
disciplinary control over and dismiss such officers
and servants as may be necessary for the purpose of
carrying out the objects of the Corporation ;
(d) to receive grants, gifts or donations in cash or kind
whether from local or foreign sources;
(e) to open, operate and close bank accounts and to
borrow or raise money with or without security ;
(f) to invest moneys belonging to the Corporation in
such securities as may be determined by the Board.
6. (1) It shall be lawful for the Corporation, from time to Rules of the
time, at any general meeting and by the votes of not less Corporation.
than two-thirds of the members present and voting at such
meeting to make rules not inconsistent with the provisions
of this Act, or other written law, for all or any of the following
matters :—
(a) the classification of members and membership fees
payable, their admission, withdrawal or expulsion
from membership ;
(b) the election of members to the Board and its powers
and duties ;
(c) the election of office bearers, their term of office,
resignation from, vaction of or removel from office
and their powers ;
(d) the duties and functions of the officers, agents and
servants of the Corporation ;
(e) the procedure to be followed in the summoning
and holding of meetings of the Board, the quorum
therefore and the conduct of business thereat ; and
4 Madampe Thaniwella Maha Devale Trust
(Incorporation) Act, No. 2 of 2009
(f) the administration and management of the property
of the Corporation including its funds.
(2) Any rule made by the Corporation may be amended,
altered, added to or rescinded at a like meeting and in like
manner as a rule made under subsection (1).
(3) The Members of the Corporation shall be subject to
the rules of the Corporation made under this section.
Fund of the 7. (1) The Corporation shall have its own fund and it
Corporation. shall consist of all moneys received by way of gifts,
testamentary dispositions, grants, donations, contributions
or fees in cash or kind.
(2) All moneys received shall be deposited in the name of
the Corporation in one or more banks and be invested in any
suitable manner to achieve the objects of the Corporation as
may be decided by the Board.
(3) All expenditure incurred by the Corporation in the
exercise, performance and discharge of the powers, duties
and functions of the Corporation shall be paid out of the
fund of the Corporation.
Accounts and 8. (1) The Corporation shall cause proper accounts to
audit. be kept of income and expenditure, assets and liabilities
and all other transactions of the Corporation.
(2) The accounts of the Corporation shall be audited by a
qualified auditor as may be determined by the Board.
In 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
Madampe Thaniwella Maha Devale Trust 5
(Incorporation) Act, No. 2 of 2009
(b) a firm of Accountants each of the resident partners,
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.
9. All debts and liabilities of the Trust existing on the Debts due and
day preceding the date of commencement of this Act, shall payable to the
Corporation.
be paid by the Corporation and all debts due to, subscriptions
and contributions payable to the Trust on that day shall be
paid to the Corporation for the purpose of this Act.
10. If upon the dissolution of the Corporation there Property
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 some other institute or institutes
having objects similar to those of the Corporation, and
which is or are by the rules thereof prohibited from
distributing any income or property among its or their
members. Such institution or institutions shall be determined
by the Board at or immediately before the dissolution of the
Corporation.
11. The seal of the Corporation shall be in the Custody Seal of the
of a person or persons as may be determined by the Board of Corporation.
Trustees of the Corporation and not be affixed to any
instrument whatsoever except in the presence of such number
of office bearers as may be provided for in the rules of the
Corporation 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.
12. Nothing in this Act contained shall prejudice or Saving of the
rights of the
affect the rights of the Republic or of any body politic or
Republic and
corporate. other persons.
13. In the event of any inconsistency between the Sinhala Sinhala text to
prevail in case of
and Tamil texts of this Act, the Sinhala text shall prevail.
inconsistency.

6 Madampe Thaniwella Maha Devale Trust
(Incorporation) Act, No. 2 of 2009
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(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
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