Meegamuwa Bauddha Sadachara Wardhana Samithiya (Incorporation)



Meegamuwa Bauddha Sadachara Wardhana Samithiya (Incorporation)
AN ACT TO INCORPORATE THE MEEGAMUWA BAUDDHA SADACHARA W ARDHANA SAMITHIYA
Preamble

WHEREAS a society called and known as the” Meegamuwa Bauddha Sadachara Wardhana Samithiya” has heretofore been established at Negombo, for the purpose of effectually carrying out and transacting all objects and matters connected with the said society according to the rules agreed to by its members:

AND whereas the said society 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:

[17th September
, 1985
]
Short title.

1. This Act may be cited as the Meegamuwa Bauddha Sadachara Wardhana Samithiya (Incorporation) Act, No. 39 of 1985.

Incorporation of the Meegamuwa Bauddha Sadachara Wardhana Samithiya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Meegamuwa Bauddha, Sadachara Wardhana Samithiya (hereinafter referred to as “the Society”), or shall here after be .admitted members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as “the Corporation”) with perpetual succession, under the style and name of the” Meegamuwa Bauddha Sadachara Wardhana 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 promote Buddhist culture and morals;

(b) to establish and maintain Buddhist schools;

(c) to promote education;

(d) to disseminate the Buddhist doctrine;

(e) to establish unity among Buddhists; and

(f) to advance the physical, intellectual, social and economic welfare of the members.

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 promotion and 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 is funds, and to engage, employ and dismiss persons 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 of the Corporation, be administered by a Committee of Management 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 Committee of Management of the Corporation shall be the Committee of Management of the Society holding office at the time of the 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 majority of votes, to make rules, not inconsistent with the provisions of this Act, for the admission, withdrawal or expulsion of members, for the election of the office-bearers, the Committee of Management, for the conduct of the duties of the office-bearers, the Committee of Management and 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 provisions of subsection (2).

(2) No rule of the Corporation made under subsection (1) 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 and unless such alteration, addition, amendment or rescission shall have been previously approved by the Committee of Management.

(3) The rules of the Society in force at the time of the commencement 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 of the Corporation.

Debts due by and payable to the Society.

7. All debts and liabilities of the Society existing at the time of the commencement of this Act shall be paid and discharged by the Corporation, and all debts due to and subscriptions and contributions payable to the Society shall be paid to the Corporation for the purposes of this Act.

Corporation may hold property movable and immovable.

8. 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:

Provided, however, that in no event shall premises No. 95, Greens Road, Negombo, with the building thereon or any part thereof be sold, mortgaged, leased, exchanged or otherwise disposed of.

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 two members of the Committee of Management 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.

Savings 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.