ACT, No. 28 OF 2014

28of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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BODHIRAJARAMA EDUCATIONAL AND
CULTURAL FOUNDATION (INCORPORATION)
ACT, No. 28 OF 2014
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[Certified on 21st August, 2014]
Printed on the Order of Government
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Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lanka of August 22, 2014.
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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Bodhirajarama Educational and Cultural 1
Foundation (Incorporation) Act, No. 28 of 2014
[Certified on 21st August, 2014]
L.D.—O. (Inc. 35/2011)
ANACT TO INCORPORATE THE BODHIRAJARAMA EDUCATIONAL AND
CULTURAL FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Bodhirajarama Educational and Cultural Foundation” has
heretofore been established in Sri Lanka for the purpose of
effectually carrying out it’s 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 Bodhirajarama Short title.
Educational and Cultural Foundation (Incorporation) Act,
No. 28 of 2014.
2. (1) From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of the “Bodhirajarama the
Bodhirajarama
Educational and Cultural Foundation” (hereinafter referred to as Educational and
the “Foundation”) and shall hereafter be admitted as members of Cultural
the Corporation hereby constituted, shall be a body corporate, with Foundation.
perpetual succession under the name and style of the “Bodhirajarama
Educational and Cultural 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 006405—2000 (11/2011)
2 Bodhirajarama Educational and Cultural
Foundation (Incorporation) Act, No. 28 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 Corporation.
Objects of the 3. The general objects for which the corporation is
Corporation. constituted are hereby declared to be—
(a) to take measures to develop all Buddhist temples
with the aim of fostering spiritual development of
the Buddhists and to take all necessary measures to
add extensions to the Bodhirajarama temple;
(b) to encourage the upliftment of moral values of the
Buddhists and commence and implement various
programmes for that purpose;
(c) with the aim of assisting the Buddhists, to
implement programs to establish pre-schools, day
care centers, homes for children, homes for elders
and Dhamma schools;
(d) to commence and conduct various projects for the
welfare of Sri Lankan Buddhist students who are
unable to pursue their education either due to
poverty or other disabilities;
(e) to conduct lectures, seminars, discussions,
workshops, educational trips, exhibitions and print
publications for the Maha Sangha, Dasa Sil Mathas
and the young and elderly Buddhist people with a
view to promoting education;
(f) to provide relief services such as assistance and
housing, for the benefit of the poor, elderly and
destitute people with physical and mental
disabilities and the helpless, who are adherents of
the Buddhist faith ;
Bodhirajarama Educational and Cultural 3
Foundation (Incorporation) Act, No. 28 of 2014
(g) to implement programmes in relation to child
health, adult health, disease control, conduct
medical clinics, physical training and sports centres
and provide medical aid in order to ensure the
welfare of the Buddhists ;
(h) to commence and conduct programmes to preserve
traditional heritage of Sri Lanka such as culture,
literature, arts and crafts, indigenous medicine and
environment conservation ; and
(i) to collaborate with any other institution, whether
foreign or local having objects similar to those of
the Corporation.
(2) In the implementation of the objects specified in
subsection (1), the Corporation shall ensure that such
implementation shall be carried out without any distinction
based on race, religion, language, caste, sex, political opinion,
place of birth or any of such grounds.
4. The objects of the Corporation shall be carried out in Corporation to
such manner so as not to create any conflict berween the ensure no
conflict with
work of the Corporation and any work being carried out work of Ministry
simultaneously by any Ministry or Department of the or Department of
the Government
Government or of any Provincial Council. or Province.
5. (1) Subject to the provisions of this Act the Management of
management and administration of the affairs of the the affairs of the
Corporation.
Corporation shall be carried out by a Working Council
(hereinafter referred to as the “Council”) consisting of such
number of office bearers as may be specified by the rules
made under section 7.
(2) (a) The Council of the Foundation holding office on
the day immediately preceding the date of commencement
of this Act, shall function as the Council of the Corporation
until the first Council is appointed or elected in the manner
provided for by rules made under section 7.
4 Bodhirajarama Educational and Cultural
Foundation (Incorporation) Act, No. 28 of 2014
(b) The first Council 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 Council including the
patrons and advisers, shall be appointed or elected for a period
of three years and any such office bearer, patron or advisor
shall be eligible for re-appointment or re-election after the
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 Council shall having regard to the rules of the
Corporation, elect or appoint a person to fill such vacancy.
(c) The person 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.
Powers of the 6. Subject to the provisions of this Act and any other
Corporation. written law, the Corporation shall have the power to do,
perform and execute all such acts and matters as are 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, rent, construct, renovate lands or
buildings which may by required for the purposes
of the Corporation and to deal with or dispose of
the same as may be deemed expedient with a view
to promoting the objects of the Corporation ;
(b) to borrow or raise funds with or without securities
and to receive grants, gifts or donations in cash or
kind :
Provided that, the Council 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;
Bodhirajarama Educational and Cultural 5
Foundation (Incorporation) Act, No. 28 of 2014
(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 invest any funds that are not immediately
required for the purposes of the Corporation, in such
manner as the Council may determine ;
(e) to undertake, accept, execute, perform and
administer any lawful trust or any real or personal
property with a view to promoting the objects of
the Corporation ;
(f) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corportion and
exercise disciplinary control over them and to pay
them such salaries, allowances and gratuities as may
be determined by the Corporation ;
(g) to organize lectures, seminars and conferences with
a view to promoting the objectives of the
Corporation ;
(h) to liaise and co-ordinate with other local and
foreign institutions having similar objects to that
of the Corporation ;
(i) to train personnel in Sri Lanka or abroad for the
purposes of the Corporation ; and
(j) to do all other things as are necessary or expedient
for the proper and effective carrying out of the
objects of the Corporation.
6 Bodhirajarama Educational and Cultural
Foundation (Incorporation) Act, No. 28 of 2014
Rules of the 7. (1) It shall be lawful for the Corporation, from time to
Corporation.
time, at any general meeting of the Corporation and by a
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 Council 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 appoinment, powers,
functions and duties of the various officers, agents
and servants of the Corporation ;
(d) the procedure to be followed for the summoning
and holding of meetings of the Council or any sub-
committee thereof, notices and agenda of such
meetings, the quorum and the conduct of business
thereat ;
(e) the qualifications and disqualifications to be a
member of the Council 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.
(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.
Bodhirajarama Educational and Cultural 7
Foundation (Incorporation) Act, No. 28 of 2014
(3) The member 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.
8. The Council shall maintain a register of members in Register of
which name, address and other essential details of the Members.
members shall be inscribed.
9. (1) The Corporation shall have its own Fund. Fund of the
Corporation.
(2) All moneys received by way of gifts, bequests, donations,
subscriptions, contributions, fees or grants for and on account
of the Corporation shall be deposited in one or more banks
approved by the Council 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.
10. (1) The financial year of the Corporation shall be Accounts and
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 qualiafied auditor
appointed by Auditor General, in terms of Article 154 of the
Constitution.
(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,
8 Bodhirajarama Educational and Cultural
Foundation (Incorporation) Act, No. 28 of 2014
or of any other institute established by law,
possesses a certificate to practise 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 established by law, possesses a
certificate to practise as an accountant, issued
by the Council of such Institute.
Annual Report. 11. (1) The Council 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 to the Ministry of the Minister assigned the subject
of Social Services and to the Registrar of Voluntary Social
Services Organizations appointed under the 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 statement of accounts 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).
Debts due by 12. All debts and liabilities of the Foundation existing
and payable to on the day immediately preceding the date of commencement
the Foundation.
of this Act, shall be paid by the Corporation hereby
constituted, and all debts due to and subscriptions and
contributions payable to the Foundation on that day shall
be paid to the Corporation for the purposes of this Act.
Corporation may 13. Subject to the provisions of this Act, the Corporation
hold property
shall be able and capable in law to take and hold any property,
movable and
immovable. movable or immovable, which may become vested in it by
virtue of any purchase, grant, gift, testamentary disposition
Bodhirajarama Educational and Cultural 9
Foundation (Incorporation) Act, No. 28 of 2014
or otherwise, and all such property shall be held by the
Corporation for the purposes 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.
14. The moneys and property of the Corporation Application of
however derived shall be applied solely towards the moneys and
property.
promotion of the objects of the Corporation and no portion
thereof shall be paid or transferred directly or indirectly by
way of dividend, bonus or profit to the members of the
Corporation.
15. (1) The seal of the Corporation shall not be affixed Seal of the
to any instrument whatsoever, except in the presence of two Corporation.
members of the Council 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 Council as may be decided by such
Council.
16. (1) 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 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.
(2) For the purposes of subsection (1) the appropriate
institution shall be determined by the members of the
Corporation immediately before the dissolution at a general
meeting by the majority of votes of the members present.
10 Bodhirajarama Educational and Cultural
Foundation (Incorporation) Act, No. 28 of 2014
Saving of the 17. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body politic or
Republic and
others. corporate.
Sinhala text to 18. 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.

Bodhirajarama Educational and Cultural 11
Foundation (Incorporation) Act, No. 28 of 2014
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