43of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
REV. MOONAMALE DHAMMARATHANA
MEMORIAL FOUNDATION
(INCORPORATION) ACT, NO. 43 OF 2009
—————————
[Certified on 17th August, 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 August 21, 2009
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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Rev. Moonamale Dhammarathana Memorial 1
Foundation (Incorporation) Act, No. 43 of 2009
[Certified on 17th August, 2009]
L. D. —O. Inc. 19/2007
AN ACT TO INCORPORATE THE REV. MOONAMALE
DHAMMARATHANA MEMORIAL FOUNDATION
WHEREAS a Foundation called and known as the “Rev. Preamble.
Moonamale Dhammarathana Memorial Foundation” has
heretofore been formed 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 Rev. Moonamale Short title.
Dhammarathana Memorial Foundation (Incorporation) Act,
No. 43 of 2009.
2. From and after the date of commencement of this Act, Incorporation
such and so many persons as now are members of the “Rev. of the Rev.
Moonamale
Moonamale Dhammarathana Memorial Foundation” Dhammarathana
(hereinafter referred to as the “Foundation”) or shall hereafter Memorial
be admitted members of the Corporation hereby constituted Foundation.
shall be a body corporate (hereinafter referred to as the
“Corporation”) with perpetual succession under the name
and style of the “Rev. Moonamale Dhammarathana Memorial
Foundation” 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 003908—3,240 (06/2009)
2 Rev. Moonamale Dhammarathana Memorial
Foundation (Incorporation) Act, No. 43 of 2009
General objects 3. The general objects for which the Corporation is
of the
constituted are hereby declared to be—
Corporation.
(a) to construct a Statue to commemorate Venerable
Moonamale Dhammarathana Thero, the late Chief
Incumbent of Sri Punyawardanaramaya of
Yatigaloluwa, Pannala, to organize religious and
other ceremonies to commemorate his name, and to
organize activities to enlighten the general public
about the life of the Venerable Moonamale
Dhammarathana Thero;
(b) with a view to assisting adherents of the Buddhist
faith to implement programmes in respect of pre-
schools, day care centres, children’s homes, child
education and religious education;
(c) to assist in enhancing the welfare and benefits of
Sri Lankan Buddhist students who are unable to
pursue their education due to poverty and other
disabilities;
(d) to conduct necessary classes, lectures, libraries,
seminars, conferences, workshops, discussions,
dialogues, educational tours, exhibitions, displays,
and publish newspapers and magazines with a view
to ensuring the development of education of
Buddhist youth;
(e) to provide relief services such as assistance and
housing for the benefit of poor, elderly, destitute
with physical and mental disabilities and the
helpless, who are adherents of the Buddhist faith;
(f) to inaugurate language training and vocational
training courses in order to deploy Buddhist youth
in productive services and to provide facilities to
engage in income generating activities by way of
further assistance;
Rev. Moonamale Dhammarathana Memorial 3
Foundation (Incorporation) Act, No. 43 of 2009
(g) to implement programmes in relation to child health
and adult health, and to provide education on
disease control and to conduct clinics, gymnasiums
and medical clinics, with a view to ensuring the
welfare of adherents of the Buddhist faith;
(h) to provide self-help and voluntary services for social
development activities among the low-income
earning groups who are adherents of the Buddhist
faith and to inaugurate and maintain pilot projects
in this regard;
(i) to engage in any industry or trade or any export or
import business and to aid or assist adherents of the
Buddhist faith to commence and operate agricultural,
industrial and commercial ventures and to undertake
training programmes and extension services and to
organize propaganda activities relating to the
transfer of technology;
(j) to construct and maintain buildings required for the
Sri Punnyawardhanaramaya, Pannala, Yatigaloluwa;
(k) to promote the religious education of the Buddhist
laity;
(l) to provide the resident bhikkus of the Sri
Punnyawardhanaramaya, Pannala, Yatigaloluwa
with educational facilities and to help them in their
daily needs;
(m) to promote cultural activities including ancient forms
of art in the village and the area in and around the
Sri Punnyawardhanaramaya, Pannala, Yatigaloluwa;
(n) to engage in the dissemination of the Dhamma
internationally;
(o) to preserve and disseminate the Buddhist Philosophy
and the Buddhist way of life;
4 Rev. Moonamale Dhammarathana Memorial
Foundation (Incorporation) Act, No. 43 of 2009
(p) to establish friendly relations with other Buddhist
organizations in Sri Lanka and abroad; and
(q) to promote Buddhist education by granting
scholarships to adherents of the Buddhist faith and
to establish and maintain pirivenas for Buddhist
education.
Management of 4. (1) The affairs of the Corporation shall, subject to the
the affairs of the rules of the Corporation made under section 6, be
Corporation.
administered by a Board of Management (hereinafter referred
to as the “Board”) consisting of the President, Vice Presidents
and other office bearers elected or appointed in accordance
with the rules of the Corporation.
(2) The first Board shall consist of the members of the Board
of the Foundation 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 to do,
Corporation.
perform and execute all such acts, matters and things
whatsoever, as are necessary or desirable for the promotion
or furtherance of the objects of the Corporation or any one of
them including the power to—
(a) acquire, hold, take or give on lease or hire, mortgage
pledge, sell, exchange, or otherwise alienate,
encumber or dispose of any immovalbe property
for the pruposes of the Corporation;
(b) enter into and perform or carry out, whether directly
or through any officer or agent authoirized 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 gifts, donations and bequests in cash or in
kind;
Rev. Moonamale Dhammarathana Memorial 5
Foundation (Incorporation) Act, No. 43 of 2009
(d) invest its funds, and to maintain current, deposit
and savings accounts in any bank;
(e) borrow or invest money for the purposes of the
Corporation in such manner and upon such security
as the corporation may think fit; and
(f) appoint, employ, transfer, exercise disciplinary
control over and dismiss officers and servants
required for the carrying out of the objcets of the
Corporation.
6. (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 on all or any of the
following matters:—
(a) the classification of membership and the admission,
withdrawal or expulsion of members;
(b) the election of office-bearers, the resignation from
or vacation of, or removal from office of, office
bearers and their powers and duties;
(c) the election of members of the Board and its powers,
conduct and duties;
(d) the powers, conduct, duties and functions of the
various officers, agents and servants of the
Corporation;
(e) the procedure to be observed or the summoning and
holding of meetings of the Board, the time, places,
notices and agenda of such meetings and the quorum
therefore and the conduct of business thereat; and;
(f) the administration and management of the property
of the Corporation and the custody of its funds.
6 Rev. Moonamale Dhammarathana Memorial
Foundation (Incorporation) Act, No. 43 of 2009
(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 at all times be
subject to the rules of the Corporation.
Register of 7. The Board shall cause to be maintained a register of
members. every person who had been a member on the date of
commencement of this Act, and every person who shall
hereafter be admitted, members of the Corporation.
Fund of the 8. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter received by way of gifts,
testamentary dispositions, transfers, donations, subscriptions,
contributions, fees or grants or any financial investment shall
be deposited to the credit of the Corporation in one or more
Banks as may be determined by the Board.
(2) All expenses incurred by the Corporation in exercising
and discharging its powers and functions shall be paid out of
the fund.
Audit and 9. (1) The financial year of the Corporation shall be the
Accounts. 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 by a
qualified auditor appointed by the Board.
(4) In this section, “qualified auditor” means—
(i) 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
such Institute; or
Rev. Moonamale Dhammarathana Memorial 7
Foundation (Incorporation) Act, No. 43 of 2009
(ii) 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 practice as an accountant issued by such Institute.
10. The seal of the Corporation shall be in the custody Seal of the
of the Secretary and shall not be affixed to any instrument Corporation.
whatsoever except in the presence of the President and the
Secretary of the Corporation or such other person duly
authorized by the Board who shall sign their name on the
instrument in token of their presence and such signing shall
be independent of the signing of any person as a witness.
11. All debts and liabilities of the Foundation existing Debts due by
on the day preceding the date of commencement of this Act and payable to
the Foundation.
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.
12 The moneys and property of the Corporation however Application of
derived shall be applied solely towards the promotion of its moneys and
property.
objects as set forth herein and no portion thereof shall be
paid or transferred directly or indirectly by way of dividends,
bonus, profit or otherwise howsoever to the members of the
Corporation.
13. Subject to the provisions of this Act, the Corporation Corporation may
shall be able and capable in law to acquire and hold any hold property
movable and
property, movable or immovable, which may become vested immovable.
in it by virtue of any purchase, grant, gift testamentary
disposition or otherwise, and all such property shall be held
by the Corporation for the purposes of the Corporation and
subject to the rules of the Corporation made under section 6
with full power to sell, mortgage, lease, exchange or otherwise
dispose of, the same.
8 Rev. Moonamale Dhammarathana Memorial
Foundation (Incorporation) Act, No. 43 of 2009
Property 14. If upon the dssolution of the Corporation there
remaining on
remains after the satisfaction of all debts and liabilities, any
dissolution.
property whatsoever, such property, shall not be distributed
among the members of the Corporation but shall be given or
transferred to some other association or associations having
objects, similar to the objects of the Corporation, and which
is, or are by the rules thereof prohibited from distributing any
income or profit among its or their members. Such association
or associations shall be determined by the members of the
Corporation at or immediately before the time of dissolution
of the Corporation.
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 and
corporate.
others.
Sinhala 16. In the event of any inconsistency between the Sinhala
text to and Tamil texts of this Act, the Sinhala text shall prevail.
prevail in
case of
inconsistency.
Rev. Moonamale Dhammarathana Memorial 9
Foundation (Incorporation) Act, No. 43 of 2009
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 MAWETHA, COLOMBO 05 before 15th December
each year in respect of the year following.
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