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Short title.
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1. This Act may be cited as the Dehiwala, Kalubowila Sri Hathbodhi Rajamaha Viharastha Vidyarakshaka Sabhawa (Incorporation) “Act, No. 36 of 1993.
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Incorporation of the Dehiwala, Kalubowila. Sri Hathbodhi Rajamaha Viharastha Vidyarakshaka Sabha.
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2. From and after the date of commencement of this Act, such and so many persons as now are members of the Dehiwala Kalubowila Sri Hathbodhi Rajamaha Viharastha Vidyarakshaka Sabhawa (hereinafter referred to as the ” Sabhawa “) 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 “Dehiwala, Kalubowila Sri Hathbodhi Rajamaha Viharastha Vidyarakshaka Sabhawa ” 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.
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General Objects of the Corporation.
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3. The general objects for which the Corporation is constituted are hereby declared to be
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(a) to organize and co-ordinate activities relating to the dissemination of the Dhamma and the Buddhist missionary work ;
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(b) to manage and equip the Sri Bodhiraja Dharma School;
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(c) to construct and maintain the buildings required for the Sri Hathbodhi Rajamaha Viharaya ;
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(d) to implement programmes necessary for the promotion of the social and cultural welfare of Buddhist children and youth in the area ;
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(e) to engage in the relief and welfare activities for the benefit of the people in the area ;
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(f) to establish and maintain a Fund necessary for the carrying out of the above objects;
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(g) to establish, equip and maintain a pre-school for the benefit of the children in the area ;
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(h) to establish, equip and maintain Buddhist Dhamma Schools affiliated to the Sabhawa;
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(i) to engage in the dissemination of the Dhamma internationally and to train bhikkus required for that purpose ;
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(j) to establish and maintain a library for the benefit of the people in the area ; and
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(k) to do all such other acts and things as are conducive or incidental to the attainment of the above objects.
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General powers of the Corporation.
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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 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 of the objects of the Corporation.
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Management of the affairs of the Corporation.
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5.
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(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by an Executive Committee consisting of the Office-bearers and such other persons as may be provided for in such rules and elected in accordance therewith.
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(2) The first Executive Committee of the Corporation shall be the Executive Committee of the Sabhawa holding office on the day preceding the date of commencement of this Act.
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Rules of the corporation.
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6.
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(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by a 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 other written law, for all or any of the following matters:
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(a) the classification of membership and the admission, withdrawal or expulsion of members :
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(b) the election of the office-bearers, the resignation from, or vacation of, or removal from office of office-bearers and their powers, conduct and duties ;
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(c) the election of the members of the Executive Committee and its powers, conduct and duties and the terms of office of the members of the Executive Committee;
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(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;
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(e) the procedure to be observed at, and the summoning and holding of meetings of the Executive Committee, the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;
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(f) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts ; and
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(g) generally, for the management of the affairs of the Corporation and the accomplishment of its objects.
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(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).
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(3) The rules of the Sabhawa in force on the day 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 made under this section.
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(4) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.
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Debts due by and payable to the Sabhawa.
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7. All debts and liabilities of the Sabhawa existing on the day preceding the date of commencement of this Act shall be paid by the Corporation, hereby constituted and all debts due to, and subscriptions and contributions payable to, the Sabhawa on that day shall be paid to the Corporation for the purposes of this Act.
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Corporation may hold property movable and immovable.
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8. The Corporation shall be capable in law to acquire 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 in force for the time being of the Corporation and it shall have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.
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Seal of the Corporation.
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9. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the President and 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.
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Saving of the rights of the Republic and others.
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10. Nothing in this Act contained shall prejudice or affect the rights of the Republic or any body politic or corporate, or of any other person except, such as are mentioned in this Act, and those claiming by, from, or under, them.
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Sinhala text to prevail in case of inconsistency.
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11. In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.
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