Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya (Incorporation)

Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya (Incorporation)

AN ACT TO INCORPORATE THE DIVITURA UTTARA PABBATHARAMA VIHARA SANWARDENA MANDALAYA

Preamble.

WHEREAS an association called and known as the “Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya “, has heretofore been established at Divitura for the purpose of effectually carrying out and transacting all matters connected with the said Association according b 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:

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

[10^th April
, 1985 ]

Short title.

1. This Act may be cited as the Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya (Incorporation) Act, No. 14 of 1985.

Incorporation of the Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya (hereinafter referred to as the” Mandalaya “) , 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 style and name of the” Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya “, and by that name may sue and be sued in accounts, 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) the management, development and maintenance of the Divitura Uttara Pabbatharama temple;

(b) the management and maintenance of educational and religious institutions that may be established by the Corporation;

(d) the taking of measures conducive for the stability of Buddhism;

(e) the inauguration and carrying on of campaigns for the promotion of national, religious and social welfare;

(f) the establishment and maintenance of institutions whether directly or in collaboration with other. organizations for the purpose of the attainment of the objects of the Corporation;

(g) the management and maintenance of the Divitura Social Service Society as an affiliated organization of the Corporation; and

(h) the establishment and maintenance of a Pirivena for the attainment of the above-mentioned objects.

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 anyone 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 personnel required for the carrying out of 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 such 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 Mandalaya holding office at the time of the coming into operation of this Act.

Rules of the Corporation.

(1) It shall be lawful for the Corporation, from time 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 provisions of this Act for the admission, withdrawal or expulsion of members, for the election of the office-bearers Divitura Uttara Pabbatharama Vihara Sanwardena Mandalaya (Incorporation) Act, No. 14 of 1985 and the Executive Committee for the conduct 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 of 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 Mandalaya.

7. All debts and liabilities of the Mandalaya existing at the time of the coming -into operation of this Act shall be paid by the Corporation, and all debts due to and subscriptions and contributions payable to the Mandalaya 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 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 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 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.

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.