Board of Trustees of the Sri Maha Bathrakalee Devalaya (Incorporation)

Board of Trustees of the Sri Maha Bathrakalee Devalaya (Incorporation)

AN ACT TO INCORPORATE THE BOARD OF TRUSTEES OF THE SRI LANKA MAHA BATHHAKALEE DEVALAYA.

Preamble.

WHEREAS an association called and known as the ” Board of Trustees of the Sri Maha Bathrakalee Devalaya” has heretofore been established at Matara in Sri Lanka for the purpose of effectually carrying out its objects and transacting all matters connected with the said Association according to the rules agreed to by its Members.

AND WHEREAS the said Association 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 such application :

Short title.

BE it therefore enacted by the Parliament of the Short title. Democratic Socialist Republic of Sri Lanka as follows:

[25^th January
, 1991 ]

1. This Act may be cited as the Board of Trustees of the Sri Maha Bathrakalee Devalaya (Incorporation) Act.

Incorporation of the Board of Trustees of Sri Maha Bathrakalee 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 Sri Maha Bathrakalee Devalaya (hereinafter referred to as the ” Board of Trustees “) or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as the “Corporation”) with perpetual succession under the name and style of the “Board of Trustees or the Sri Maha Bathrakalee 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 established are hereby declared to be”

(1) to develop and maintain the Sri Maha Bathrakalee Devalaya at Matara ;

(2) to conduct the annual Perahera of the Devalaya in accordance with tradition and Buddhist Culture ;

(3) to take such other measures as may be necessary to the accomplishment of all or any of the objects of the Corporation.

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 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 open, operate and close bank accounts, to borrow or raise money, 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 the objects of the Corporation.

Management of the affairs of the Corporation.

(1) The affairs of the Corporation shall subject to the rules of the Corporation, be administered by an Executive Committee consisting of the office-bearers and sue other persons as may be provided for in such rules and elected in accordance therewith.

(2) The first Executive Committee of the Corporation shall be the Executive Committee of the Board of Trustees holding office on the day preceding the dale of commencement of this Act.

Rules of the corporation.

(1) It shall be lawful for the Corporation to time, at any general meeting of the members and by the votes of not less than two-thirds of the members present and voting, to make rules, not inconsistent “with the sons of this Act or any other written law for the admission withdrawal or expulsion of members, for the election office-bearers and Executive Committee, for the admission of the duties of the office-bearers, the Executive Committee and the various officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business, and otherwise generally, for the management the affairs of the Corporation and the accomplishment of its objects. Such rules when made may, at a like meeting and in like manner, be altered, added to, amended or rescinded.

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

Debts due by and payable to the Corporation.

7. All debts and liabilities of the Board of Trustee existing on the day 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 of Trustees on that day shall be paid to the Corporation for the purposes of this Act.

Corporation may hold property movable and immovable.

8. The Corporation shall be able and capable in law, to take over and hold any property, 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 purposes of this Act and subject to the rules for the time being of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

How the seal of the Corporation is to be affixed.

9. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the president and either the secretary or the treasurer who shall sign their names on 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.

10. 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.

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