Mawanella Eksath Bauddha Samitiya (Incorporation)



Mawanella Eksath Bauddha Samitiya (Incorporation)
AN ACT TO INCORPORATE THE MAWANELLA EKSATH BAUDDHA SAMITIYA.
Preamble

WHEREAS an association called and known as the” Mawanella Eksath Bauddha Samitiya” has heretofore been established at Mawanella 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 matt erg 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, therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : –

[10th April
, 1985 ]
Short title.

1. This Act may be cited as the Mawanella Eksath Bauddha Samitiya (Incorporation) Act, No. 13 of 1985.

Incorporation of the Mawanella Eksath Bauddha Samitiya.

2. From and after the date of commencement of this Act such and so many persons as now are members of the Mawanella Eksath Bauddha Samitiya (hereinafter referred to as “the Samitiya”) or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate with perpetual succession under the name and style of the” Mawanella Eksath Bauddha Samitiya (hereinafter referred to as “the Corporation”) 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 their pleasure.

General objects of the Corporation.

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

(a) the holding of Buddhist sermons, discussions and conferences ;

(b) printing, publishing arid distributing books, journals, magazines and pamphlets on Buddhism;

(c) establishing and maintaining reading rooms and promoting the study and propagation of Buddhism;

(d) the encouragement of the practical observance of Buddhism;

(e) the organizing of necessary activities for the advancement of Buddhist culture and morality;

(f) taking necessary measures’ for the cultivation of spiritual values by fostering national and religious customs, and the promotion of the Buddhist way of life in the area;

(g) rendering assistance to people of the area at times of social and financial difficulties irrespective of race, religion, caste or party affiliation;

(h) the performance of social service in accordance with Buddhist teachings and encouraging Buddhists in such performances;

(i) the protection of Buddhist privileges free from differences in politics, race, caste and community; and

(j) the maintenance of social institutions such as orphanages and homes for elders, with or’ without aid from the Government.

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 as are necessary to promote the objects of the Corporation or any of them including the power to raise funds, to open, operate and close bank accounts, to borrow or raise moneys with or without security and to engage, employ and dismiss personnel.

Board of Directors.

5.

(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of Directors consisting of such number of persons to be elected in accordance with the rules of the Corporation.

(2) The first Board of Directors of the Corporation shall be the Board of Directors of the Samitiya 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 of the Corporation, be vested in the Board of Trustees of the Corporation, in accordance with the rules of the Corporation

(2) The first Board of Trustees of the Corporation shall be the Board of Trustees of the Samitiya 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 any general meeting of the members 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 Board of Directors, the Board of Trustees and 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 or 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 except by a vote of two-thirds of the members present and voting at a general meeting of the Corporation:

Provided that such two-thirds shall not be less than one third of the total number of members entitled to vote at a general meeting.

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

Debts due by and payable to the Samitiya.

8. All debts and liabilities of the Samitiya 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 Samitiya 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 Directors 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 shall, subject to the rules of ,the Corporation, have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Savings 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.