ACT, No. 62 OF 2009

62of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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SRI KALYANODAYA SOCIETY – KANDY
(INCORPORATION) ACT, NO. 62 OF 2009
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[Certified on 30th October, 2009]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 30, 2009
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Sri Kalyanodaya Society-Kandy 1
(Incorporation) Act, No. 62 of 2009
[Certified on 30th October 2009]
L. D.—O. (Inc.) 15/2007.
ANACT TO INCORPORATE THE SRI KALYANODAYA SOCIETY – KANDY
WHEREAS a Society called and known as the “Sri Preamble.
Kalyanodaya Society-Kandy” has been established in Kandy,
for the purpose of effectually carrying out and transacting all
objects and matters connected with the said Society
according to the rules agreed to by its members :
AND WHEREAS the said Society 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 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 Sri Kalyanodaya Society- Short title.
Kandy (Incorporation) Act, No. 62 of 2009.
2. From and after the date of commencement of this Act, Incorporation
such and so many persons as presently are members of the of Sri
Kalyanodaya
“Sri Kalyanodaya Society-Kandy” (hereinafter referred to as
Society-
the “Society”) or shall hereafter be admitted as members of the Kandy.
Society hereby constituted shall be a body corporate
(hereinafter referred to as “the Corporation”) with perpetual
succession under the name and style of the “Sri Kalyanodaya
Society-Kandy” and by that name may sue and be sued and
have full power and authority to have and use a common
seal and alter the same at its pleasure.
3. The general objects for which the Corporation is General
constituted are hereby declared to be— objects of the
Corporation.
(a) to nurture the Buddha Sasana among Buddhists by
taking steps for its expansion and for the stability ;
(b) to work in collaboration with all Buddhist Societies
to improve peace, harmony and co-operation among
Buddhists;
2—PL 002114—3,150 (07/2009)
2 Sri Kalyanodaya Society-Kandy
(Incorporation) Act, No. 62 of 2009
(c) to organize religious preachings in Dhamma
Schools and mediation centres, with a view to
inculcating Buddhist Principles among Buddhists;
(d) to launch a welfare scheme for Buddhists;
(e) to maintain and manage the properties belonging
to the Corporation for the benefit of Buddhists;
(f) to engage in educational and cultural activities for
Buddhists; and
(g) to organize religious and educational excursions
for Buddhists.
Advisory Board 4. There shall be an Advisory Board of the Corporation
of Corporation. consisting of not more than seven members including laymen
and clergy, for the purpose of advising the Committee of
Management.
Management of 5. (1) The management and administration of the
the affairs of the Corporation shall subject to the provisions of this Act and
Corporation.
the rules of the Corporation made under section 8, vest in a
Committee of Management consisting of the President, four
Vice Presidents, Chief Secretary, Assistant-Secretary,
Treasurer, Audit Officer, Organizer and seven other members.
(2) The Corporation shall also have a sub-committee for
the welfare and when necessary for the purposes of the
Corporation, the Corporation shall establish special sub-
committee.
(3) The members of the first Committee of Management
of the Corporation shall be the Committee of Management
of the Society holding office on the day immediately
preceding the date of commencement of this Act.
Membership 6. The Board shall cause to be maintained a register of
Register. members in which every person who on the day preceding
Sri Kalyanodaya Society-Kandy 3
(Incorporation) Act, No. 62 of 2009
the date of commencement of this Act is a member of the
society and every person duly admitted as a member of the
Corporation shall have his name inscribed.
7. Subject to the provisions of this Act and any other Powers of the
written law, the Corporation shall have the power to— Corporation.
(a) rent out lands and buildings belonging to the
Corporation in order to achieve the objects of the
Corporation;
(b) raise funds and accept donations and gifts either in
cash or materials;
(c) construct or cause to construct buildings on any
land belonging to the Corporation ;
(d) make, write, accept, discount, counter sign,
negotiate, purchase, sell and issue Bills of Exchange,
Cheques, Promissory notes and any other negotiable
instrument and to open, operate and maintain Current
and Savings Bank account in any Bank ;
(e) invest the funds of the Corporation which are not
immediately required for the purposes of the
Corporation;
(f) accept, operate, fulfil and manage any lawful trust
and conditions with regard to movable and
immovable properties ;
(g) appoint, remunerate, employ and dismiss officers
and servants of the Corporation required for the
carrying out of the objects of the Corporation; and
(h) train persons required for the achievement of the
objects of the Corporation.
4 Sri Kalyanodaya Society-Kandy
(Incorporation) Act, No. 62 of 2009
Rules of the 8. (1) It shall be lawful for the Corporation, from time to
Corporation.
time, at any meeting and by a majority of not less than two-
third of the members present and voting to make rules not
inconsistent with the provisions of this Act or any other law
for the following matters:—
(a) the admission and classification of membership and
withdrawal or expulsion of members;
(b) the election of the members of the Committee and
the powers, duties and conduct of the members of
the Committee;
(c) the election of office bearers, their term of office,
resignation from or vacation of or removal from
office, their powers, conduct and duties;
(d) the procedure to be followed at meetings, and the
quorum therefor and the conduct of business thereat;
(e) to determine the qualifications of the members of
the Corporation;
(f) the administration and management of the property
of the Corporation;
(g) the management of the affairs of the Corporation
and the attainment of its objects.
(2) Any rule made by the Corporation under subsection
(1), may be amended, altered, added to or rescinded at a like
meeting and in like manner.
(3) The members of the Corporation shall be subject to
the rules of the Corporation.
The Fund of the 9. (1) The Corporation shall have its own Fund and all
Corporation. moneys received by way of gift, bequest, donations,
subscription, contribution, fees or grants for and on account
Sri Kalyanodaya Society-Kandy 5
(Incorporation) Act, No. 62 of 2009
of the Corporation shall be deposited to the credit of the
Fund of the Corporation in one or more banks as the
Committee may determine.
(2) The Corporation may establish any depreciation or
reserve fund for the purpose of rehabilitation, improvement
and development of the properties belonging to the
Corporation.
(3) There shall be paid out of the Fund, all sums of money
required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of its
powers, duties and functions under this Act.
(4) All moneys and properties received for the Fund shall
be utilized solely for the purposes of the Corporation and in
any event they shall not be alienated to the members.
10. (1) The Corporation shall maintain proper accounts Account and
of its income and expenditure, assets and liabilities and all Audit.
other transaction of the Corporation.
(2) The accounts of the Corporation shall be audited at
least once a year, by a qualified auditor appointed by the
Corporation.
(3) For the purpose of the section “qualified auditor” shall
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
the Council of such Institute; or
(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 the Council of such
Institute.
6 Sri Kalyanodaya Society-Kandy
(Incorporation) Act, No. 62 of 2009
Debts due and 11. All debts and liabilities of the Society on the day
payable to the
preceding the date of commencement of this Act shall be
Corporation.
paid out of the Fund of the Society and all debts due to,
subscriptions and contributions payable to the Society on
that day shall be paid to the Corporation.
Corporation may 12. The Corporation shall be able and capable in law to
hold property
movable and acquire and hold any property both movable or immovable
immovable. which may become vested in it by virtue of any purchase,
grant, gift or testamentary disposition 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 8 with full power to sell, mortgage, lease,
exchange or otherwise dispose of the same.
Seal of the 13. The seal of the Corporation shall not be affixed to
Corporation.
any instrument except in the presence of such member or
office bearers as may be decided by 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:
Provided however any instrument relating to any financial
matter shall become void unless it is signed by the Treasurer
or the Assistant Treasurer and the President or Secretary.
Property 14. If upon the dissolution of the Corporation, there
remaining on remains any property after the satisfaction of all debts and
dissolution.
liabilities, such property shall not be distributed among the
members of the Corporation, but shall be given or transmitted
to some other institution or institutions having objects similar
to those of the Corporation, which is or are by its rules
prohibited from distributing any income or property among
its or their members. Such institution or institutions may be
determined by the Committee on or before the dissolution of
the Corporation.
Sri Kalyanodaya Society-Kandy 7
(Incorporation) Act, No. 62 of 2009
15. Nothing in this Act contained shall prejudice or affect Saving of the
the rights of the Republic or any body politic or corporate. rights of the
Republic and
others.
16. In the event of any inconsistency between the Sinhala text
to prevail in
Sinhala and Tamil texts of this Act, the Sinhala text shall
case of
prevail. inconsistency.

8 Sri Kalyanodaya Society-Kandy
(Incorporation) Act, No. 62 of 2009
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