Kulugammana Rajamaha Vihara Dayaka Sabhawa(Incorporation)



Kulugammana Rajamaha Vihara Dayaka Sabhawa(Incorporation)
AN ACT TO INCORPORATE THE KULUGAMMANA VIHARA DAYAKA SABHAWA
Preamble.

WHEREAS an Association called and known as the “Kulugammana Rajamaha Vihara Dayaka Sabhawa “, has heretofore been established in Sri Lanka 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 therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[8th October
, 1986
]
Short title.

1. This Act may be cited as the Kulugammana Rajamaha Vihara Dayaka Sabhawa (Incorporation) Act, No. 35 of 1986.

Incorporation of the Kulugammana Raja Maha Vihara Dayaka Sabhawa.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Kulugammana Rajamaha Vihara Dayaka Sabhawa (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” Kulugammana Rajamaha Vihara Dayaka Sabhawa”, and by that name shall and 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 of the Corporation are hereby declared to be

(a) to engage in meritorious activities by the promotion of good intention and to encourage the habit of acting collectively in such activities;

(b) to develop and maintain the temple without causing damage to the historic value of the temple and its historical structures;

(c) to take steps to promote the dignity of the monks resident at such temple and to ensure the security of the movable and immovable property belonging to such temple; and

(d) to take steps to create an environment conducive towards helping the people living in the adjoining temple lands, to lead a religious life.

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 nece3sary or desirable for the promotion or furtherance of the objects of the Corporation or anyone 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 the funds of the Corporation and to engage, employ and dismiss personnel required for the carrying out of the objects of the Corporation.

General Council.

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 General Council 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 General Council of the Corporation shall consist of the members of the General Council of the Association holding office at the date of commencement of this Act.

Board of Trustees.

6. There shall be established a Board of Trustees, consisting of such number of persons as may be specified in the rules of the Corporation, for the purpose of advising the Corporation on matters relating to planning and finance.

Rules of the Corporation.

7.

(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 inconsistent 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 General Council 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 may, at a like meeting, 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 shall be altered, added to, amended or rescinded except by the vote of not less than two-thirds of the members present. And voting at a general meeting of the Corporation:

Provided, however, that such alteration, addition, amendment or rescission shall have been previously approved by the General Council.

(3) The rules of the Association in force: at the date of commencement of this Act in so far as they are not inconsistent with the provisions of this Act, or any other written law 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 of the Corporation.

Debts due by and payable to the Association.

8. All debts and liabilities of the Association existing at 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 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 Corp ‘Oration shall not be affixed to any instrument whatsoever, except in the presence ‘Of two of the members of the General Council, who shall sign their names on 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 farce far the time being ‘Of the Corporation, with full power to sell, mortgage, lease, exchange or ‘Otherwise dispose of the same.

Borrowing powers.

11. It shall be lawful for the Corporation to raise funds far the accomplishment or its Objects and for such purpose to create, execute, grant or issue any mortgages, bands or ‘Obligations :

Provided that the aggregate of the amounts which may be so raised by the Corporation shall not exceed such sums as may be determined for the purpose by the General Council.

Reimbursement

12. The Corporation may reimburse any member, officer, agent or servant of the Corporation to the extent of payments bona fide made by such member, officer, agent or servant of the Corporation, on behalf of the Corporation and for its benefit.

Saving of the rights of the Republic and others

13. 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.