Middeniya Purana Maha Viharasthanabhiwardhana Sabhawa (Incorporation)

Middeniya Purana Maha Viharasthanabhiwardhana Sabhawa (Incorporation)

AN ACT TO INCORPORATE THE MIDDENIYA PURANA MAHA VIHARASTHANABHIWARDHANA SABHAWA

Preamble.

WHEREAS a Society called and known as the” Middeniya Purana Maha Viharasthanabhiwardhana Sabhawa” has heretofore been established at Middeniya for the purpose of effectually carrying out and transacting all 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:

[8^th September
, 1993 ]

Short title.

1. This Act may be cited as the Middeniya Purana Maha Viharasthanabhiwardhana Sabhawa (Incorporation) Act, No. 42 of 1993.

Incorporation of the Middeniya Purana Maha Viharasthana-bhiwardhana Sabhawa.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Middeniya Purana Maha Viharasthanabhiwardhana Sabhawa (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 “Middeniya Purana Maha Viharasthanabhiwardhana 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 to 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 construct necessary buildings for the Middeniya Purana Maha Viharasthanabhiwardhana Sabhawa situated in the electorate of Mulkirigala in the Hambantota District of the Southern Province of Sri Lanka, and to renovate such buildings as and where required ;

(b) to impart religious knowledge through the Sri Sumangala Dhamma School, and to provide necessary aid and assistance for the conduct of such Dhamma School;

(d) to improve Mihindu Lobrary;

(e) to develop the Sri Sumangala Vocational Technical Training Centre established by the All Ceylon Sri Sumangala Social Service and welfare Association with a view to solving the problem of un-employment of youths ;

(f) to conduct an annual Perahera ;

(g) to maintain a School for young children ; and

(h) to establish a separate section for teaching Western languages to buddhist priests with a view to enabling them to disseminate the Dhamma out side Sri Lanka ;

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 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 money, 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

(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by an Executive Committee consisting of the office-bearers and such number of members as may be provided for in such rules and elected in accordance therewith.

(2) The first Executive Committee of the Corporation shall be the Council of the Society holding office on the day preceding the date of commencement of this Act.

Board of Trustee.

(1) The custody of all immovable property of the Corporation shall, subject to the rules of the Corporation, be vested in a Board of Trustees consisting of such number of members as may be provided in the rules of the Corporation and elected in accordance therewith.

(2) The first Board of Trustees of the Corporation shall be the Board of Trustees of the Society holding office on the day preceding the date of commencement of this Act.

Rule of the Corporation.

(1) It shall be lawful for the Corporation from time to time at any general meeting of the Corporation and by a majority of votes not less than two-thirds of the members present and voting 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 election of office-bearers, the Executive Committee and the Board of Trustees and the conduct of the duties of the various officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business at meetings of the Corporation the executive Committee and the board of trustees 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 and in like manner be altered, added to, amended or rescinded.

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

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 and discharged by the Corporation, and all debts due to, and subscriptions and contributions payable to the Society on that day shall be paid to the Corporation for the purposes of this Act.

Corporation may hold property movable and immovable.

9. Subject to the provisions of this Act and to the rules in force for the time being of the Corporation, 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 with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

How the seal of the Corporation is to be affixes.

10. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of such number of office bearers as may be provided for in the rules of the Corporation 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.

11. Nothing in this Act contained shall prejudice or affect, the rights of the Republic, or of any body politic or corporate, or 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.

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