Board Of Trustees Of The Ratmalana Historic Gonabendi Kataragama Maha Devalaya (Incorporation)

Board Of Trustees Of The Ratmalana Historic Gonabendi Kataragama Maha Devalaya (Incorporation)

AN ACT TO INCORPORATE THE BOARD OF TRUSTEES OF THE RATMALANA HISTORIC GONABENDI KATARAGAMA MAHA DEVALAYA.

Preamble

WHEREAS a Board called and known as ” The Board of Trustees of the Ratmalana Historic Gonabendi Kataragama Maha Devalaya” has heretofore been established and managed at No. 51, Jayesumanarama Road, Ratmalana in the year One Thousand Nine Hundred and Eighty Four for the purpose of effectually carrying out its objects and transacting all matters connected with the said Board of Trustees according to the rules agreed to by its members :

AND WHEREAS the said Board of Trustees has applied to be incorporated in order to enable it more effectually to carry out and fulfill the several objects and purposes for which it was established and it shall 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: ”

[25^th March
, 1992 ]

Short title.

1. This Act may be cited as the Board Of Trustees Of The Ratmalana Historic Gonabendi Kataragama Maha Devalaya (Incorporation) Act, No. 18 of 1992.

Incorporation of the Board of Trustees of the Ratmalana Historic Gonabendi Kataragama Maha Devalaya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Board Of Trustees Of The Ratmalana Historic Gonabendi Kataragama Maha Devalaya (hereinafter referred to as ” the Board ” or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate thereinafter referred, to as ”the Corporation”) with perpetual succession under the name and style of ” the Hoard of Trustees of the Ratmalana Historic Gonabendi Kataragama Maha Devalaya” and by that name may sue and be used in all courts with full power and authority to have and use a common seal and alter the same at its pleasure.

General objects of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be”

(a) continued observances of all practices, traditions, rites and rituals connected with the annual “Gini Madu ” pooja festival, offering alms to the Divine Gods and all other connected observances ;

(b) conducting the Esala Perahera of the Devalaya, in accordance with the Buddhist traditions and age old convention;

(d) maintaining all buildings, movable property belonging to the Maha Devalaya constructing additional buildings if and when necessary, and taking effective steps to develop the devala lands ;

(e) taking steps to protect all items of archaeological importance vested in the Devalaya and belonging to it.

General powers of the Corporation.

4. Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, perform and execute all such acts, matters and things 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 open, operate and close bank accounts, to borrow and raise moneys with or without security, to receive or collect grants and donations to invest its funds and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.

Constitution of the Board of Trustees.

(1) The administration, management and control of’ the Corporation shall be vested in the Board of Trustees consisting of seventeen members including the Chairman, the Secretary and the Treasurer as provided for in the rules of the Corporation and elected in accordance with the rules in force for the time being of the Corporation.

(2) Notwithstanding anything contained in subsection (1) of this section, Mr. M. Gamini R, Ferando shall be the Chief Trustee of the Devalaya and the Treasurer of the Board of Trustees, who shall hold such offices for life. In the event of a vacancy arising in those offices due to death or otherwise that vacancy shall be filled by the succession of his eldest son or in his incapacity by his eldest brother and so on the paternal succession notwithstanding any thing to the contrary in the rules of the Corporation.

(3) The first Board of Trustees of the Corporation shall be the members of the Board holding office on the day immediately preceding the date of commencement of this Act.

(4) The quorum for a meeting of the Board of Trustee*; shall be four members.

The Devala Development Fund.

6. The Devala Development Fund shall consist of”

(a) all moneys lying to the credit of the Devala Development Fund on the day immediately preceding the date of commencement of this Act ; and

(b) all moneys that may accrue to the Fund after the date of commencement of this Act.

Rules of the Corporation.

(1) The Board of Trustees may, from time to time at any General Meeting of the members and by a majority of votes of not less than two-thirds of the members present and voting thereat, make rules not inconsistent with the provisions of this Act or any other written law, in respect of all or any of the following matters : ”

(a) the procedure to be followed in the transaction of business at meetings of the Board of Trustees :

(b) the powers, conduct, duties and functions of the members of the Board of Trustees and the officers, agents and servants of the Corporation ;

(c) the defrayal of expenses incurred by the Board of Trustees for the purpose of accomplishment of the objects of the Corporation ;

(d) the management of the affairs of the Corporation and the accomplishment of its objects ;

(e) the administration and management of the property of the Corporation, the custody of its funds and the maintenance and audit of its accounts ;

(f) the keeping of accounts, the deposit of moneys and the custody of documents of the Corporation; and

(g) any other matter connected with or incidental to the objects of the Corporation.

(2) Rules when made may at a like meeting and in like manner be altered, added to, amended or rescinded.

(3) The members of the Board shall be subject to the rules of the Corporation.

(4) The rules of the Board in force on the day immediately preceding the date of commencement of this Act shall in so far as they are not inconsistent with the provisions of this Act or other written law be deemed to be rules of the Corporation made under this section and may be altered, added to, amended, rescinded or replaced by rules made under this section.

Debts due by and payable to the Board.

8. All debts and liabilities of the Board existing on the day immediately preceding the date of commencement of this Act shall be paid by the Corporation, and all debts due to and subscriptions and contributions payable to the Board on that date shall be paid to the Corporation for the purpose of this Act.

Corporation may hold property movable or immovable.

9. The Corporation shall be able and capable in law to take and hold any property, movable or immovable, which may become vested in it by virtue at any purchase, grant, gift, 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 with full power to sell, mortgage, lease, exchange or otherwise? dispose of the same.

Seal of the Corporation.

10. The seal of the Corporation shall not be affixed to any instrument, except in the presence of the Chairman and either the Secretary or the Treasurer 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.

Saving of the rights of the Republic and others.

11. Nothing in this Act contained shall prejudice or affect the rights of the Republic, or of any body politic or corporate, or of any other persons, except such as are mentioned in this Act and those claiming by, from, or under, them.

Sinhala text to prevail in case of inconsistency.

12. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.