ACT, No. 43 OF 2014

43of2014.pdf
NadunReplacecont

PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
SIVMUNI SE VEHERA BUDDHIST
FOUNDATION (INCORPORATION)
ACT, No. 43 OF 2014
—————————
[Certified on 24th November, 2014]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lanka of November 28, 2014.
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TOBEPURCHASEDATTHEGOVERNMENTPUBLICATIONSBUREAU,COLOMBO5
Price : Rs. 11.00 Postage : Rs. 50.00

Sivmuni Se Vehera Buddhist Foundation 1
(Incorporation) Act, No. 43 of 2014
[Certified on 24th November 2014]
L.D.—O. (Inc.) 33/2013.
AN ACT TOINCORPORATE THE SIVMUNI SEVEHERA BUDDHIST
FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Sivmuni Se Vehera Buddhist 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 established, 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 Sivmuni Se Vehera Short title.
Buddhist Foundation (Incorporation) Act, No. 43 of 2014.
2. (1) From and after the date of commencement of this Incorporation of
the Sivmuni Se
Act, such and so many persons as now are members of the
Vehera Buddhist
“Sivmuni Se Vehera Buddhist Foundation” (hereinafter Foundation.
referred to as the “Foundation”) or shall hereafter be admitted
as members of the Corporation hereby constituted, shall be a
body corporate, with perpetual succession under the name and
style of the “Sivmuni Se Vehera Buddhist 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 007415—2,000 (10/2014)
2 Sivmuni Se Vehera Buddhist Foundation
(Incorporation) Act, No. 43 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.
General objects 3. The general objects for which the Corporation is
of the
constituted are hereby declared to be :—
Corporation.
(a) to maintain the religous activities of the Sivmuni Se
Vehera Buddhist Centre situated at Navagampura,
Ampara ;
(b) to shape up the adherents of the Buddhism to ensure
righteous and religious society ;
(c) to assist the relevant authorities with the consent of
such authorities to—
(i) protect sacred places and historical
monuments related to Buddhism; and
(ii) educate the adherents of the Buddhism to
conserve natural resources.
Corporation to 4. The objects of the Corporation shall be carried out in
ensure no
such manner so as not to create any conflict between the
conflict with
work of Ministry work of the Corporation and any work being carried out
or Department of simultaneously by any Ministry or Department of the
the Government Government or of any Provincial Council.
or Province.
Management of 5. (1) Subject to the provisions of this Act, the
the affairs of the management and administration of the affairs of the
Corporation.
Corporation shall be carried out by an Excecutive 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.
Sivmuni Se Vehera Buddhist Foundation 3
(Incorporation) Act, No. 43 of 2014
(2) (a) The Executive Committee of the Foundation that
holds office on the day immediately preceding the date of
commencement of this Act, shall function as the Committee
of the Corporation until the first Committee is appointed or
elected in the manner provided for by rules made under section7.
(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 advisor
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 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.
6. Subject to the provisions of this Act and any other Powers of the
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, acquire, rent, construct, renovate and
otherwise obtain lands or buildings which may be
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 ;
4 Sivmuni Se Vehera Buddhist Foundation
(Incorporation) Act, No. 43 of 2014
(b) to borrow or raise funds with or without securities
and to receive grants, gifts or donations in cash or
kind:
Provided that, the 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 invest any funds that are not immediately
required for the purposes of the Corporation, in such
manner as the Committee 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 Corporation 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
Sivmuni Se Vehera Buddhist Foundation 5
(Incorporation) Act, No. 43 of 2014
(j) to do all other things as are necessary or expedient
for the proper and effective 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 appoinment, powers,
functions and duties of various officers, agents and
servants of the Corporation ;
(d) the procedure to be followed for the summoning
and holding of meetings of the Committee 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 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 Sivmuni Se Vehera Buddhist Foundation
(Incorporation) Act, No. 43 of 2014
(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 rules made under sub section (1) shall be
published in the Gazette.
(4) The members of the Corporation shall at all times be
subject to the rules of the Corporation.
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 grant 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 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.
Sivmuni Se Vehera Buddhist Foundation 7
(Incorporation) Act, No. 43 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 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.
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 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 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 Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable
to the
of this Act, shall be paid by the Corporation hereby Foundation.
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.
8 Sivmuni Se Vehera Buddhist Foundation
(Incorporation) Act, No. 43 of 2014
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
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.
Application of 14. The moneys and property of the Corporation
moneys and however derived shall be applied solely towards the
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.
Seal of the 15. (1) The seal of the Corporation shall not be affixed
Corporation. to 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 the
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 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.
Sivmuni Se Vehera Buddhist Foundation 9
(Incorporation) Act, No. 43 of 2014
17. Nothing in this Act contained shall prejudice or Saving of the
affect the rights of the Republic or of any body politic or rights of the
Republic.
corporate.
18. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail

10 Sivmuni Se Vehera Buddhist Foundation
(Incorporation) Act, No. 43 of 2014
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.
NadunReplacecontEnd