Panduswasnuwara Sri Dalada Nimithi Perahera Organizing Committee (Incorporation)



Panduswasnuwara Sri Dalada Nimithi Perahera Organizing Committee (Incorporation)
AN ACT TO INCORPORATE THE PANDUWASNUWARA SRI DALADA NIMITHI PERAHERA ORGANIZING COMMITTEE
Preamble

WHEREAS a Committee called and known as the” Panduswasnuwara Sri Dalada Nimithi Perahera Organizing Committee “, has heretofore been established at Hettipola for the purpose of effectually carrying out and transacting all matters connected with the Committee in accordance with the rules agreed to by its members:

AND whereas the said Committee 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 :

[20th November
, 1985
]
Short title.

1. This Act may be cited as the Panduswasnuwara Sri Dalada Nimithi Perahera Organizing Committee (Incorporation) Act, No. of 1985.

Incorporation of the Panduwasnuwara Sri Dalada Nimithi Perahera Organizing Committee.

2. From and after the date of commencement of this Act, such and 50 many persons as now are members of the Panduwasnuwara Sri Dalada Nimithi Perahera Organizing Committee (hereinafter referred to as “the Committee”) and such other persons a 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” Panduwasnuwara Sri Dalada Nimithi Perahera Organizing Committee “, and by that name shall and 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 of the Corporation shall be

(1)

(a) to conduct within the sacred area adjacent to the Panduwasnuwara Raja Maha Viharaya and on dates determined by the Corporation within the period of the months of August and September in every year a Perahera in the manner for the time being conducted by the Sri Dalada Maligawa of Kandy and in accordance with the Buddhist Culture and ancient traditions and to do all other acts incidental thereto;

(b) to establish a fund called the” Panduwasnuwara Sri Dalada Nimithi Perahera Fund” (herein after referred to as “the Fund “) ;

(2) to provide funds and other services deemed to be necessary for the attainment of the aforesaid objects and to maintain and administer the affairs of the Corporation; and

(3) to do such other acts and things as are incidental or conducive to the carrying out of the aforesaid objects.

General powers and functions of the Corporation.

4. The powers and functions of the Corporation shall be-

(1) to receive or collect gifts, grants, donations and contributions from local or foreign sources, whether in cash or otherwise;

(2) to acquire by purchase, exchange, gift, testamentary disposition or otherwise and to hold and enjoy in perpetuity or for any lesser period or subject to any express trust or otherwise for the benefit or the furtherance of the objects of the Corporation, any property, movable or immovable of any kind or nature whatsoever;

(3) to operate, open and close bank accounts and to borrow or raise money with or without security;

(4) to sell, lease, mortgage, exchange or otherwise dispose of any movable or immovable property belonging to or held by the Corporation, subject to any trust attaching to such property;

(5) to invest the funds of the Corporation in adequate securities or in the purchase or acquisition of such lands, buildings, movable property or other property as may be suitable or necessary for the purposes of the Corporation.

(6) to erect or cause to be erected any building or structure on any land belonging to or held by the Corporation;

(7) to appoint the Maha Sangha, dignitaries of other religions, public officers and members of the public of the area to sub-committees of the Corporation, for the purpose of the attainment of the objects of the Corporation;

(8) to appoint an Advisory Board consisting of the Chief Incumbents of the Vihares in the Panduwasnuwara Electoral District, the District Minister for Kurunegala and the Government Agent, Kurunegala, who shall be ex officio members thereof; and

(9) to appoint, employ and dismiss members of the staff for the purposes of the Corporation.

Management of the affairs of the Corporation.

5.

(1) The affairs of the Corporation shall subject to the rules in force for the time being of the Corporation, be administered by a Committee of Management consisting of-

(a) the following ex-officio members:

(i) the Member of Parliament for Panduwasnuwara who shall be the Honorary President;

(ii) the Circuit Education Officer for Panduwasnuwara Circuit who shall be the Honorary Secretary ;

(iii) the Assistant Government Agent of Hettipola, who shall be the Honorary Treasurer;

(iv) the Viharadipathi of the Panduwasnuwara Raja Maha Viharaya ; and

(v) the officer-in-charge of the Hettipola Police Station ; and

(b) such number of other members elected in accordance with such rules so that the total membership of the Committee of Management shall be not less than nine :

Provided however that where the holder of any office referred to in paragraph (a) of this subsection is a non Buddhist at the time of an annual general meeting of the members of the Corporation the members of such meeting or at any other time the Committee of Management shall elect a suitable Buddhist person from among the members of the Corporation in place of such person.

(2) No business transacted at any meeting of the Committee of Management, shall be invalid by reason only of the fact that the Committee of Management consists of less than nine members.

(3) The first Committee of Management of the Corporation shall be the Committee of Management holding office at the time of the commencement of this Act.

(4) The Committee of Management may elect any person to fill any casual vacancy occurring in its membership from among the members of the Corporation.

Rules of Corporation.

6.

(1) The Corpora ion may, from time to time, at any meeting specially summoned for the purpose and by a majority of the votes of the members present, make rules not inconsistent with the provisions of this Act for the management of the affairs of the Corporation and the attainment of its objects.

(2) In particular and without prejudice to the generality of the powers conferred by subsection (1) such rules may make provision in respect of all or any of the following matters :

(a) the admission, resignation and expulsion of members of the Corporation and of the Committee of Management;

(b) the admission, resignation and expulsion of members of the Advisory Board and of the sub-committees;

(c) the procedure to be followed in convening meetings of the Corporation Committee of Management, Advisory Board and sub-committees and in the transaction of business at such meetings; and

(d) the performance by the officers and agents of the Corporation of their duties and functions.

(3) Any rule of the Corporation for the time being in force or any rule which may hereafter be passed, may be amended, added to, or rescinded in like manner as a rule made under subsection (1).

(4) All members of the corporation shall be subject to the rules of the Corporation.

Debts due payable to the Committee.

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

How seal of the Corporation is to be affixed.

8. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of such number of members specified 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.

Disposal of property left after the payment of debts upon dissolution of Corporation.

9. If, upon the dissolution of the Corporation, there remains, after satisfaction of all its debts and liabilities, any properly including money, such property and money shall be transferred either to a designated society, if any, or to the Public Trustee and shall be utilized for objects similar to the objects of the Corporation.

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.