Jayanthipura Eksath Bauddha Sangamaya (Incorporation)

Jayanthipura Eksath Bauddha Sangamaya (Incorporation)

AN ACT TO INCORPORATE THE JAYANTHIPURA EKSATH BAUDDHA SANGAMAYA

Preamble

WHEREAS an Association called and known as the “Jayanthipura Eksath Bauddha Sangamaya”, has heretofore been established in the year One Thousand Nine Hundred and Sixty Five at Battaramulla, 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 benefit and advantage of the public to grant the application:

BE it therefore 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 Jayanthipura Eksath Bauddha Sangamaya (Incorporation) Act, No. 43 of 1984.

Incorporation of the Jayarrthipura Eksath Bauddha Sangamaya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Jayanthipura Eksath Bauddha Sangamaya (hereinafter referred to as the ” Sangamaya”) 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 “Jayanthipura Eksath Bauddha Sangamaya”, and by that name may sue and be sued in all courts with full power and authority to have and use a common seal and to change 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) to provide facilities for the observance of Buddhist principles;

(b) to encourage and provide facilities for the study and dissemination of Buddhism;

(d) to forster amity and co-operation among Buddhists;

(e) to extend support to social activities not connected with party politics,;

(f) to engage in and extend assistance to common social service activities ; and

(g) to safeguard and promote the interests of Buddhism.

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 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 from benefactors in Sri Lanka and other countries, 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 in force for the time being of the Corporation, be administered by a Board of Management.

(2) The first Board of Management of the Corporation shall consist of the members of the Board of Management of the Sangamaya 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 a majority of votes to make rules not inconsistant with the provisions of this Act 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. Such rules when made and passed may, at a like meeting and in a like manner be altered, added to, amended or rescinded subject however to the requirements of subsection (2).

(2) No rule of the Corporation for the time being in force, nor any rule which may hereafter be passed under subsection (1) shall be altered, added to, amended or rescinded except by a vote of two-thirds of the members present and voting at a general meeting of the Corporation.

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

(4) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.

Debts due by and payable to the Association.

7. All debts and liabilities of the Sangamaya 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 Sangamaya shall be paid to the Corporation for the purposes of this Act.

How the seal of the Corporation is to be affixed.

8. 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.

Corporation may hold property movable or immovable.

9. The Corporation shall, subject to the rules in force for the time being of the Corporation be able and capable in law to –

(a) 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

(b) sell, mortgage, lease, exchange or otherwise dispose of the same.

Borrowing powers.

10. It shall be lawful for the Corporation to raise funds for the accomplishment of its objects and for such purpose to create, execute, grant or issue any mortgages, bonds or obligations:

Provided that the aggregate of the amounts which may be so raised by the Corporation shall not exceed the sum determined for the purpose by the Board of Management.

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.