Nusawela Malayumviana Rajamaha Vihara Sanwardhana Sabhawa (Incorporation)



Nusawela Malayumviana Rajamaha Vihara Sanwardhana Sabhawa (Incorporation)
AN ACT TO INCORPORATE THE NUGAWELA MALAGAMMANA RAJAMAHA VIHARA SANWARDHANA SABHAWA.
Preamble

WHEREAS an Association called and known as the ” Nugawela Malagammana Rajamaha Vihara Sanwardhana Sabhawa ‘ has heretofore been formed in Nugawela, Malagammana for the purpose of effectually carrying out and transacting all objects and 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 formed and has applied to be incorporated and it is 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 : ”

[13th November
, 1992
]
Short title.

1. This Act may be cited as the Nugawela Malagamma Rajamaha Vihara Sanwardhana Sabhawa (Incorporation) Act, No. 56 of 1992.

Incorporation of the Nugawela Malagam Rajamaha Vihara Sanwardhana Sabhawa.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Nugawela Malagammana Rajamaha Vihara Sanwardhana Sabhawa (hereinafter referred to as the ” Sabhawa”) or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate (here in after referred to as the ” Corporation “), with perpetual succession, under the name and style of the ” Nugawela Malagammana Rajamaha Vihara Sanwardhana Sabhawa” and by that name may sue, and be sued, 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 established are hereby declared to be”

(a) to construct and maintain buildings required for the Nugawela Malagammana Rajamaha Viharaya ;

(b) to promote the religious education of the Buddhist laity;

(c) to provide the resident bhikkus of the Nugawela Malagammana Eajamaha Viharaya, with educational facilities and to help them in meeting their daily needs ;

(d) to promote cultural activities including ancient forms of art in the villages and the areas in and around the Rajamaha Viharaya ;

(e) to preserve ancient buildings and paintings, in collaboration with the Archaeological Department and the Ministry of Cultural Affairs;

(f) to organize the annual perahera of the Rajamaha Viharaya in collaboration with the four Dewalayas ;

(g) to establish, equip and maintain a pre-school and a library ;

(h) to establish and maintain a department for oriental languages ;

(i) to establish and maintain a department for international languages such as English and French ;

(j) to engage in the dissemination of the Dhamtna, internationally:

(k) to preserve and disseminate the Buddhist Philosophy and the Buddhist Way of life ;

(l) to establish friendly relations with other Buddhist organizations in Sri Lanka and abroad ;

(m) to conduct vocational training courses for youth in Sri Lanka ;

(n) to train students in small industries and to help them, financially or otherwise, to establish themselves as useful citizens ;

(o) to promote education by establishing and maintaining privenas, schools and other educational institutions and by granting scholarships;

(p) to provide medical aid, food and housing to the poor, the destitute and the sick;

(q) to establish and maintain orphanages and homes for the aged and to establish social welfare centres;

(r) to provide welfare facilities for the deaf, dumb and the blind and for disabled persons and to establish welfare homes ;

(s) to assist financially or by granting scholarships or, otherwise, voluntary workers and others who are engaged in the attainment of the objects of the Corporation;

(t) to establish and maintain libraries, to subscribe for and issue books, journals, souvenirs and periodicals and to provide such other services as may be deemed desirable for attaining the objects of the Corporation ;

(u) to promote, arrange, organize and hold, exhibitions, lectures, seminars, symposia, workshops, classes, debates, conferences, tours, excursions or any other acts in the furtherance of the objects of the Corporation;

(v) to co-operate and associate with other associations, societies or organizations having objects similar to those of the Corporation;

(w) to engage with a view to imparting technical expertise to the people, in any industry, vocation or import and export business and to promote and to carry on agricultural find industrial enterprises, to aid and assist any person to carry on such enterprises, to maintain training programmes in respect of such enterprises and to organize services and propaganda work ;

(x) to organize programmes for the study of Ayurvedic end indigenous medicine and to conduct courses of study leading to the award of diplomas and other educational courses;

(y) to act as an affiliated institution or a representative of any local or foreign technical or professional training institute carrying on educational activities ; and

(z) to do all such other acts and things as are necessary, conducive or incidental to, the attainment of all or ‘any of the objects of the Corporation.

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 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

5.

(1) The affairs of the Corporation shall, subject to the other provisions of this Act, and the rules in force for the time being of the Corporation, be administered by a Committee of Management consisting of the Director-General, the Secretary, the Assistant Secretary, the Treasurer and not less than six other members elected in accordance with such rules.

(2) Notwithstanding anything to the contrary in sub section (1) of-this section, Yen. Pandit Bowatte Ratnajothi There shall be the Director-General of the Corporation for life and he shall nominate his successor to be Director- General of the Corporation after him. Such succeeding Director-General shall also hold the office of Director- General for life.

(3) The first Committee of Management of the Corporation shall consist of the members of the Committee of Management of the Sabhawa holding office on the day immediately preceding the date of commencement of this Act and whose names are specified in the Schedule hereto.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by a majority of not less than two-thirds of the members present and voting, less than two-thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act or other written law, for all or any of the following matters: ”

(a) the classification of membership and the admission, withdrawal or expulsion of members;

(b) the election of the office-bearers, the resignation from, or vacation of. or removal from, office of office-bearers and their powers, conduct and duties;

(c) the election of the members of the Board of Management and its powers, conduct and duties and the terms of office of members of the Board of Management ;

(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;

(e) the procedure to be observed for the summoning and holding of, meetings of the Board of Management the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;

(f) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts ; and

(g) generally, for the management of the affairs of the Corporation and the accomplishment of its objects.

(2) Any rule made by the Corporation may be amended, altered, added to or rescinded at a like meeting and in like manner as a rule made under subsection (1).

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

Fund of the Corporation.

7.

(1) The Corporation shall have its own fund and all monies received by way of gifts, testamentary dispositions, transfers, donations, contributions or fees shall be deposited in the name of the Corporation in one or more banks as may be decided by the Committee of Management.

(2) The Corporation may establish a depreciation fund or a sinking fund for the purpose of rehabilitation, development or improvement of the property of the Corporation.

(3) All expenses borne by the Corporation in the exercise and discharge of the powers and functions of the Corporation shall be paid out of the fund.

Debts due by and payable to the Sabhawa.

8. All debts and liabilities of the Sabhawa 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, subscriptions and contributions payable to the Sabhawa on the day shall be paid to the Corporation for the purposes of this Act.

Corporation may hold property movable or immovable.

9. The Corporation shall be able and capable in law, to acquire 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, and it shall have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

How the seal of this Corporation is to be affixed.

10. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Director-General 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.

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

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


Schedules