ACT, No. 26 OF 2013

26of2013.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
HANGURANKETHA MADANWALA
RAJAMAHA VIHARA DEVELOPMENT
FOUNDATION (INCORPORATION)
ACT, No. 26 OF 2013
[Certified on 21st May, 2013]
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 May 23, 2013
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 8.00 Postage : Rs. 10.00

Hanguranketha Madanwala Rajamaha Vihara 1
Development Foundation (Incorporation)
Act, No. 26 of 2013
[Certified on 21st May, 2013]
L.D.—O. Inc. 20/2011
ANACT TO INCORPORATE THE HANGURANKETHA MADANWALA
RAJAMAHA VIHARA DEVELOPMENT FOUNDATION
WHEREAS a foundation called and known as the Preamble.
“Hanguranketha Madanwala Rajamaha Vihara Development
Foundation” has heretofore been established in Sri Lanka
for the purpose of effectually carrying out its objects and
transacting all matters connected with the said Foundation
according to the rules agreed to by its members:
AND WHEREAS the said Foundation 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 Hanguranketha Short title.
Madanwala Rajamaha Vihara Development Foundation
(Incorporation) Act, No. 26 of 2013.
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
Hanguranketha
“Hanguranketha Madanwala Rajamaha Vihara Development
Madanwala
Foundation” (hereinafter referred to as “Foundation”) or shall Rajamaha
hereafter be admitted as members of the Corporation hereby Vihara
constituted shall be a body corporate with perpetual Development
succession under the name and style of the “Hanguranketha Foundation.
Madanwala Rajamaha Vihara Dvelopment Foundation”
(hereinafter referred to as “the Corporation”), 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 006081—3,090 (06/2011)
2 Hanguranketha Madanwala Rajamaha Vihara
Development Foundation (Incorporation)
Act, No. 26 of 2013
General Objects 3. (1) The Objects for which the Corporation is
of the
constituted are hereby declared to be—
Corporation.
(a) to conserve, renovate and maintain all the buildings
of Sri Dharmodaya Pirivena and Maha Vihara
situated at Madanwala, Hanguranketha, which are
presently over one hundred years old;
(b) to foster, develop and maintain the Pirivena and
Maha Vihara referred to in paragraph (a);
(c) to formulate and implement social, cultural,
educational and welfare programmes for the benefit
of the members of the Corporation and other
Sri Lankans;
(d) to promote economic development of the poor and
needy people of Sri Lanka, by introducing and
implementing appropriate skills development
programmes and self employment oriented
programmes; and
(e) to work in close association with Governmental
and Non-Governmental Organizations, religious
bodies, cultural groups, International organizations
and other institutions and organizations having
objects similar to those of the Corporation.
(2) The Corporation shall ensure that the implementation
of the objects of the Corporation shall be carried out without
any distinction based on race, religion, language, caste, sex
or political opinion.
Powers of the 4. Subject to the provisions of this Act and any
Corporation. other written law, the Corporation shall have the power to
do, perform and execute all such acts and matters as are
Hanguranketha Madanwala Rajamaha Vihara 3
Development Foundation (Incorporation)
Act, No. 26 of 2013
necessary or desirable for the promotion or furtherance of
the objects of the Corporation or any one of them including
the power —
(a) to purchase, acquire, rent, construct, renovate and
otherwise obtain lands or buildings which may be
required for the purposes of the Corporation;
(b) to raise funds and receive grants, gifts or donations
in cash or kind:
Provided that, the Executive Committee shall
obtain the prior written approval of the Department
of External Resources of the Ministry of the Minister
assigned the subject of Finance, in respect of all
foreign grants, gifts or donations made to the
Corporation.
(c) to make, draw, accept, discount, endorse, negotiate,
buy, sell and issue bills of exchange, cheques,
promissory notes and other negotiable instruments
and to open, operate, maintain and close accounts
in any bank;
(d) to enter into contracts, partnerships or agreements
with any Governmental or non-Governmental
organizations or any other person or institution
whether in Sri Lanka or aboard;
(e) to invest any funds that are not immediately required
for the purposes of the Corporation, in such
manner as the Executive Committee may
determine;
(f) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corporation and
exercise disciplinary control over them and to pay
them such salaries, allowances and gratuities as may
be determined by the Corporation;
4 Hanguranketha Madanwala Rajamaha Vihara
Development Foundation (Incorporation)
Act, No. 26 of 2013
(g) to train personnel in Sri Lanka or abroad for the
purposes of the Corporation; and
(h) to do all other things as are necessary or expedient
for the proper and effective carrying out of the
objects of the Corporation.
Corporation 5. Subject to the provisions of this Act, the Corporation
may hold shall be able and capable in law to take and hold any propery,
property
movable or immovable, which may become vested in it by
movable, or
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 power to sell,
mortgage, lease, exchange or otherwise dispose of the same.
Management of 6. (1) The management and administration of the affairs
the affairs of the of the Corporation shall subject to the provisions of this Act
Corporation.
be administered by a Executive Committee consisting of
such number of office bearers elected in the manner as may
be provided by the rules of the Corporation made under
section 7.
(2) The Minister assigned the subject of Buddhasasana
and Religious shall appoint an officer not below the rank of
a Senior Assistant Secretary of that Ministry as an ex-officio
member of the Executive Committee.
(3) The first Executive Committee of the Corporation
shall consists of the members of the Executive Committee
of the Foundation who hold office on the day immediately
preceding the date of commencement of this Act.
(4) (a) No office bearer of the Executive Committee shall
hold office for more than three consecutive years, in the
same post:
Provided that such office bearer may be re-appointed to
the same post after laps of two years.
Hanguranketha Madanwala Rajamaha Vihara 5
Development Foundation (Incorporation)
Act, No. 26 of 2013
(b) For the avoidance of doubt it is hereby declared that
no person shall continue to hold the same post in the
Executive Committee ( including the post of patron) for the
life period of such person.
7. (1) It shall be lawful for the Corporation, from time Rules of the
to 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 the office bearers of the Executive
Committee or vacation of or removal from office and
the powers, duties and functions of the office bearers;
(c) the appointment, powers, founctions and duties and
the terms and conditions of the various officers,
agents and servants of the Corporation;
(d) the procedure to be followed at the summoning
and holding of meetings of the Executive
Committee, the Corporation or any sub-committee
thereof, filling of vacancies, notices and agenda of
such meetings, the quorum and the conduct of
business thereat;
(e) the qualifications and disqualifications for members
of the Executive Committee and the Corporation;
and
(f) the administration and management of the property
of the Corporation for the accomplishment of the
objects of the Corporation.
6 Hanguranketha Madanwala Rajamaha Vihara
Development Foundation (Incorporation)
Act, No. 26 of 2013
(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) of this section.
(3) The members of the Corporation shall at all times be
subject to the rules of the Corporation made under this
section.
Fund of the 8. (1) The Corporation shall have its own fund.
Corporation.
(2) All moneys received by way of gift, bequest, donation,
subscription, contribution, fees or grant for and on account
of the Corporation shall be deposited in one or more banks
approved by the Executive 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 9. (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 liabilities
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 the Auditor General in terms of Article 154 of
the Constitution.
(4) 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
Hanguranketha Madanwala Rajamaha Vihara 7
Development Foundation (Incorporation)
Act, No. 26 of 2013
(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 established by law, who possesses a
certificate to practice as an Accountant, issued by
the Council of such Institute.
10. All debts and liabilities of the Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable to
the Foundation.
of this Act, shall be paid by the Corporation hereby
constituted and all debts due to subscriptions and
contributions payable to the Foundation on that day shall
be paid to the Corporation for the purposes of this Act.
11. No member of the Corporation shall, for the purpose Limitation of
of discharging the debts and liabilities of the Corporation, or liability of
members.
for any other purpose, be liable to make any contribution
exceeding the amount of such membership fees as may be
due from time to time to the Corporation.
12. (1) The Corporation shall be a non-profit Corporation to
organization and no part of the gains, profits or dividends, if be a
non-profit
any, of the Corporation shall be distributed among the
organization.
members of the Corporation.
(2) If upon the dissolution of the Corporation there
remains after the satisfaction of all its debts and liabilities
any money or property, such money or 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 members.
13. The seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever, except in the presence of two Corporation.
members of the Executive Committee of the Corporation
and 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.
8 Hanguranketha Madanwala Rajamaha Vihara
Development Foundation (Incorporation)
Act, No. 26 of 2013
Annual Report. 14. The Executive Committee shall prepare a report of the
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 Buddhasasana and Religious Affairs before the
expiration of six months of the year succeeding the year to
which such report relates.
Saving of the 15. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body politic or
Republic. Corporation.
Sinhala text to 16. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.

Hanguranketha Madanwala Rajamaha Vihara 9
Development Foundation (Incorporation)
Act, No. 26 of 2013
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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