Kandy Buddhist Association (Incorporation)



Kandy Buddhist Association (Incorporation)
AN ACT TO INCORPORATE THE KANDY BUDDHIST ASSOCIATION.
Preamble

WHEREAS an Association called and known as ” The Kandy Buddhist Association”, has heretofore been established at Kandy 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 such application:

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

[3rd April
, 1981
]
short title

1. This Act may be cited as the Kandy Buddhist Association (Incorporation) Act, No. 24 of 1981.

Incorporation of the Kandy Buddhist Association.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Kandy Buddhist Association (hereinafter referred to as ” the Association “) 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 Kandy Buddhist Association” and by that name may sue and be sued in all courts, with full power and authority to have and to use a common seal and 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 he-

(a) the study and propagation of Buddhism by

(i) holding lectures and seminars;

(ii) printing, publishing and distributing books, journals, magazines and pamphlets; and

(iii) establishing and maintaining reading rooms:

(b) the encouragement of the practical observance of the teaching of the Buddha;

(c) the promotion of unity and co-operation among the Buddhists in general and among the members in particular;

(d) the advancement of the spiritual, intellectual, social and physical welfare of the members; and

(e) the protection of Buddhist interests generally:

Provided, however, that the Corporation shall not interest itself in any political activity.

General powers of the Corporation

4. 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, and to engage, employ and dismiss personnel required for the carrying out of the objects of the Corporation

Board of Directors

5.

(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 Directors consisting of such number of persons to be elected in accordance with the rules in force for the time being of the Corporation.

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

Board of Trustees.

6.

(1) The custody of all immovable property of the Corporation shall, subject to the rules in force for the time being of the Corporation, be vested in a Board of Trustees consisting of five members to be elected in accordance with the rules in force for the time being of the Corporation.

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

Rules of the Corporation.

7.

(1) It shall be lawful for the Corporation, from time to time, at a general meeting to make rules for the admission, withdrawal or expulsion of members, for the conduct of the duties of the Board of Directors, of the Board of Trustees and of the Committees, and of the 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, be altered, added to, amended, or rescinded, subject however to the provisions of subsection (2).

(2) No rule shall be made under subsection (1) and no rule shall be altered, added to, amended or rescinded, unless:

(a) passed by the votes of two-thirds of the members present and voting; and

(b) the number of votes cast in favour is not less than one-third of the total number of members entitled to vote at the meeting including those not present.

(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) The 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.

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 three of the members of the Board of Trustees 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 and immovable.

10. The Corporation shall be 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.

Savings of the right 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.