Kuda Uduwe Nalanda Sanwardhana Samithiya (Incorporation)



Kuda Uduwe Nalanda Sanwardhana Samithiya (Incorporation)
AN ACT TO INCORPORATE THE KUDA UDUWE SANWARDHANA SAMITHIYA
Preamble.

WHEREAS a Society called and known as the “Kuda Uduwe Nalanda Sanwardhana Samithiya” has heretofore been established at Kuda Uduwe in Sri Lanka for the purpose of effectually carrying out and transacting all objects and matters connected with the said Society according to the rules agreed upon by its members:

AND WHEREAS the said Society has heretofore successfully carried out and transacted the objects and matters for which it was established and whereas the said Society has applied to be incorporated and it will be for the public advantage to grant the application :

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

[20th October
, 1993
]
Short title.

1. This Act may be cited as the Kuda Uduwe Nalanda Sanwardhana Samithiya (Incorporation) Act, No. 48 of 1993.

Incorporation of the Kuda Uduwe Nalanda Sanwardhana Samithiya.,

2. From and after the date of commencement of this Act, such and so many persons as now are members of the ” Kuda Uduwe Nalanda Sanwardhana Samithiya ” (hereinafter referred to as “the Society”) 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 “Kuda Uduwe Nalanda Sanwardhana Samithiya”, 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-

General objects of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be

(a) to establish a line of exemplary Buddhist Bhikkhus :

(b) to establish a righteous society by promoting and maintaining a close liason between bhikkhus and lay Buddhists ;

(c) to eliminate the differences existing among citizens on the basis of ethnic, religion and caste and to promote national unity and the development of a national identity;

(d) to promote activities for the purpose of creating an awareness among people, of the danger of drugs and of intoxicants;

(e) to provide facilities for the educational, economic, social and cultural advancement of members; and

(f) to develop and maintain the Nalanda Pirivena of Kuda Uduwe and the temples and educational institutions affiliated to it.

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 furtherance or promotion 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.

Management of the affairs of the Corporation.

5.

(1)The affairs of the Corporation shall, subject to the rules for the time being in force 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 Society holding office on the day preceding the date of commencement of this Act.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the members and by a vote of two-thirds of the members present and voting at general meeting, to make rules not in consistent with the provisions of this Act or any other written law for the admission, withdrawal or expulsion of members, for the conduct of the duties of the Executive Committee, and of the various officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business of the Corporation and otherwise generally, for the administration of the affairs of the Corporation and the accomplishment of its objects.

(2) No rule for the time being in force of the Corporation shall be altered, added to, amended or rescinded except by the vote of two-thirds of the members present and voting at a general meeting of the Corporation:

Provided that no alteration, addition, amendment or rescission of any rule shall have effect until the same is confirmed by the Executive Committee.

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

Corporation may hold property movable or Immovable.

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

Debts due by and payable to the Society.

8. All debts and liabilities of the Society 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 payable to, the said Society on that day shall be paid to the Corporation hereby constituted 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 the President and 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.

Sinhala text to prevail in case of Inconsistency

11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail,