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Short title.
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1. This Act may be cited as the Kotalawala, Kaduwela Sankapitthi Viharastha Sanwardhana Sabhawa (Incorporation) Act, No. 38 of 1993.
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Incorporation of the Kotalawala, Kaduwela Sankapitthi Viharastha Sanwardhana Sabhawa.
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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 Kotalawala, Kaduwela Sankapitthi Viharastha Sanwardhana 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 ” Kotalawala, Kaduwela Sankapitthi Viharastha Sanwardhana Sabhawa. 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 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 maintain the buildings of the Kotalawala, Kaduwela Sankapitthi Viharaya and to construct and maintain any new buildings as and when necessary ;
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(b) to conduct activities for the promotion of religious favors among buddhists,
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(c) to impart knowledge of Dhamma and to promote the practice of dana, seela and bhavana by buddhists;
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(d) to conduct the annual perahera of the Kotalawala, Kaduwela Sankapitthi Viharaya in accordance with traditions and Buddhist Culture ;
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(e) to set up a library consisting of books on Buddhism, research reports, periodicals, other documents, audio-visual aids, films and cassettes;
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(f) to hold seminars, workshops, conferences and orientation courses for youth, relating to mental health, personality development, national integration and world peace, from a Buddhist perspective based on wisdom and compassion;
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(g) to establish and maintain, educational institutions including pirivenas, to promote spiritual and physical development, and for the purpose of propagating the teachings of the Buddha;
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(h) to work towards the creation of an environment that would be conducive to the development of character;
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(i) to establish and Maintain Dhamma schools, pre-schools and libraries and to promote inculcation of moral value of children;
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(j) to provide the basic skills that would be necessary to enable youth to obtain employment;
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(k) to train youth, to obtain employment or to engage in self-employment;
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(l) to provide moral guidance to children, youth and adults and to provide assistance to students to enable them to meet their needs ;
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(m) to help the destitute ;
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(n) to promote religious, racial and social harmony amongst all the communities; and
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(o) to engage in cultural and other activities and to do all such other acts and things as may be necessary, or incidental, to the attainment of all or any of the aforesaid 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 what so ever, 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 officers and servants required for the carrying out of the objects of the Corporation.
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Corporation may hold property movable and Immovable.
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5. 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.
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Management of the affairs of the Corporation.
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6.
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(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of Management consisting of the office bearers and such other persons as may be provided for in those rules and elected in accordance therewith.
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(2) The first Board of Management of the Corporation shall consist of the members of the Board of Management of the Sabhawa holding office on the day proceedings date of commencement of this Act.
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Rules of the Corporation.
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7.
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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 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 Board of Management, and its powers, conduct and duties ;
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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 Corporation and the Board of Management, 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 for as they are not inconsistent with the provisions of this Act or any other written law, be deemed to be rules 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
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Seal of the Corporation
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8. The seal of the Corporation shall be in the custody of the Secretary and may be altered in such manner as may be determined by the Board of Management. The seal shall not be affixed to any instrument whatsoever, except with the sanction of the Board of Management and in the presence of two members of the Board of Management who shall sign the instrument in token of their presence. Such signing shall be independent of the signing of any person as a witness.
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Debts due by and payable to the Sabhawa.
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9. 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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Saving of the right 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 persons, 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 Tamil texts of this Act the Sinhala text shall prevail.
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