Organizing Committee Of The Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera (Incorporation)



Organizing Committee Of The Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera (Incorporation)
AN ACT TO INCORPORATE THE ORGANIZING COMMITTEE OF THE BENTOTA SRI ANUBUDDHA MAHA KASYAPA DALADA PERAHERA
Preamble.

WHEREAS the Sacred Tooth Relic of Arahath Sri Anubuddha Maha Kasyapa had, during the Anuradhapura period, been enshrined in the Bentota Galapatha Raja Maha Viharaya and had been venerated by successive Sinhala Buddhist monarchs, and whereas it is necessary to ensure the continuance of the veneration of the Sacred Relic by the Buddhist public:

AND WHEREAS an Association called and known as ” the Organizing Committee of the Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera ” has heretofore been formed for the holding of the Sri Anubuddha Maha Kasyapa Dalada Perahera in veneration of the Arahath Maha Kasyapa and has effectually carried out and transacted the objects and matters for which it was formed, and has applied to be incorporated, and it will be for the public advantage to grant the application:

BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows: ”

[17th December
, 1991
]
Short title.

1. This Act may be cited as the Organizing Committee of the Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera (Incorporation) Act No. 45 of 1991.

Incorporation of the Organizing Committee of the Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the ” Organizing Committee of the Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera ” (hereinafter referred to as “the Association “) or shall hereafter be admitted as 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 ” Organizing Committee of the “Bentota Sri Anubuddha Maha Kasyapa Dalada Perahera “, 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 change and after 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”

(1)

(a) to conduct in accordance with Buddhist Culture and ancient traditions the Maha Perahera on the night of the Uuduwap Full Moon day each year and other peraheras on such other days as may be determined by the Corporation in homage to the Sacred Tooth Relic of Arahath Sri Anubuddha Maha Kasyapa enshrined in the relic chamber of the Bentota Galapatha Raja Maha Vihara and to do all other acts incidental thereto :

(b) to establish a fund called ” Sri Anubuddha Maha Kasyapa Dalada Perahera Fund ” :

(2) to provide funds and other services considered necessary for the attainment of the aforesaid objects ; and

(3) to do such other acts or things as are incidental, or conducive to the management of the affairs, and the accomplishment of all 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, 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 and employ officers and servants required for the carrying out of the objects of the Corporation, and to dismiss then.

Corporation may hold property movable and immovable.

5. The 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, sit. testamentary disposition or otherwise, and all such property shall be held by the Corporation for the purposes of his Act, and subject to the rules of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Management of the affairs of the Corporation.

6.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by a Board of Management consisting of not less than eleven, members Including of the Chief Incumbent of the Bentota Galapatha Raja Maha Viharaya. Office-bearers and such other persons as may be provided for in such rules and elected in accordance therewith.

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

Rules of the Corporation.

7.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by the votes of 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 the office-bearers, the Board of Management and Subcommittees, for the conduct of the duties of the office-bearers, the Board of Management, Sub-committees 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 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 rules of the Association in force on. the day preceding 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.

(3) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.

Debts due by and payable to the Association.

8. All debts and liabilities of the Association existing on the day preceding the date of commencement of this Act shall be paid by the Corporation and all debts due to, and subscriptions and contributions payable to the Association on that day shall be paid to the Corporation, for the purposes of this Act.

Seal of the Corporation.

9. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the President and the Secretary 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.

10. 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.

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