Galkisse Thapodhanarama Vihara Wardhana Samithiya (Incorporation)

Galkisse Thapodhanarama Vihara Wardhana Samithiya (Incorporation)

AN ACT TO INCORPORATE THE GALKISSE THAPODHANABAMA VIHARA WARDHANA SAMITHIYA

Preamble.

WHEREAS an Association called and known as the “Galkisse Thapodhanarama Vihara Wardhana Samithiya” has heretofore been established in Mount Lavinia, for the purpose of effectually carrying out 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 the application:

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

[5^th November
, 1984 ]

Short title.

1. This Act may be cited as the Galkisse Thapodhanarama Vihara Wardhana Samithiya (Incorporation) Act. No. 42 of 1984.

Incorporation of the Thapodhanarama Vihara Wardhana Samithiya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Galkisse Thapodhanarama Vihara Wardhana Samithiya (hereinafter referred to as the “Association”) or shall hereafter be admitted members of the Corporation hereby constituted (hereinafter referred to as the “Corporation”), shall be a body corporate with perpetual succession, under the name and style of the ” Galkisse Thapodhanarama Vihara Wardhana Samithiya ” and by that name shall and may sue and be sued in all courts, with full power and authority to have and to use a common seal and to 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) to provide for, and maintain, the Galkisse Thapodhanarama Viharaya as a monastery for Theravada School of Buddhism to foster the study of and research into Buddhism in its totality of theory, practice and insights (Pariatti, Patipatti and Pativedha) ;

(b) to foster the development of institutions appurtenant to the said Thapodhanarama Viharaya of Mount Lavinia; and

(c) to provide and maintain the necessary buildings and material for the social and cultural well being of its members and the general public.

Board of Management.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by a Board of Management consisting of –

(a) the Viharadhipathi of the Galkisse Thapodhanarama Viharaya who shall be the president, ex-officio ;

(b) two Vice-Presidents, a Secretary, a Treasurer and an Organiser, who shall be elected in accordance with the rules of the Corporation; and

(c) such number of other members as may be specified in the rules of the Corporation who shall be elected in accordance with such rules.

(2) The first Board of Management of the Corporation shall be the members of the Board of Management of the Association holding office at the time of the coming into operation of this Act.

Rules at the Corporation.

(1) It shall be lawful for the Corporation, from time to time, at a general meeting and by the votes of two-thirds of the members present and voting to make rules for the admission, withdrawal or expulsion of members, for the conduct of the duties of the Board of Management and of 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.

(2) No rule of the Corporation for the time being in force nor any rule which may hereafter be passed shall be altered, added to, amended or rescinded except by the votes of two-thirds of the members present and voting at a general meeting of the Corporation:

Provided, however, that no such alteration, addition, amendment or rescission shall have effect unless approved by the Board of Management.

(3) The rules of the Association in force at the time of the coming into operation of this Act shall be deemed to be the rules of the Corporation made under this section.

(4) All members of the Corporation shall be subject to the rules of the Corporation.

Corporation may hold property movable and immovable.

6. 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 in force for the time being of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

General powers of the Corporation.

(1) 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 moneys 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.

(2) The powers conferred on the Corporation by section 6 and subsection (1) of this section shall be exercised by the Board of Management.

Debts due by and payable to the Association.

8. All debts and liabilities of the Association existing at the time of the coming into operation of this Act shall be paid” by the Corporation hereby constituted and all debts due to and subscriptions and contributions payable to the Association shall be paid to the Corporation for the purposes of this Act.

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 two members of the Board of Management 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.