Pokunugala Purana Vihara Sanwardhana Samitiya (Incorporation)

Pokunugala Purana Vihara Sanwardhana Samitiya (Incorporation)

AN ACT TO INCORPORATE THE POKUNUGALA PURANA VIHARA SANW ARDHANA SAMITIYA

Preamble

WHEREAS a society called and known as the” Pokunugala Purana Vihara Sanwardhana Samitiya ” has heretofore been established at Moneragala in Sri Lanka 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:-

[3^rd September
, 1985 ]

Short title.

1. This Act may be cited as the Pokunugala Purana Vihara Sanwardhana Samitiya (Incorporation) Act, No. 37 of 1985.

Incorporation of the Pokunugala Purana Vihara Sanwardhana Samitiya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Pokunugala Purana Vihara Sanwardhana Samitiya (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 style and name of “Pokunugala Purana Vihara Sanwardhana Samitiya “, and by that name may sue and be sued in an 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 construct and maintain a Buddha statue, a Dagoba and other necessary buildings;

(b) to conduct activities for the promotion of religious favour among the people in the area in general, and the Buddhist population in particular; and

General powers of the Corporation.

4. Subject to the provisions of this Act and any other written law the Corporation shall have 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 anyone of them including the power to open, operate and close bank accounts, to borrow or raise money with 0’1′ without security, to receive or collect grants and donations, to invest its funds and to engage, employ and dismiss personnel 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 other persons as may be provided for in such rules and elected in accordance therewith.

(2) The first Executive Committee of the Corporation shall be the members of the Executive Committee of the Society holding office at the time of the coming into operation of this Act.

Board of Trustees.

(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 persons to be elected in accordance with the rules of the Corporation.

(2) The first Board of Trustees of the Corporation shall be the Board of Trustees of the Society holding office at the time of the earning into operation of this Act.

Rules of the Corporation.

(1) It shall be lawful for the Corporation from time to’ time at any general meeting of the members 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, for the admission, withdrawal or expulsion of members, far the election of office-bearers, the Executive Committee and the Board of Trustees, far the conduct of the duties of the office-bearers, the Executive Committee, the Board of Trustees 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 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 and payable to the Society .

8. All debts and liabilities of the Society existing at the time of the coming into operation 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.

9. 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 of the Corporation, with fun power to sell, mortgage, lease, exchange or otherwise dispose of the same.

How the seal of the Corporation is to be affixed.

10. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of such number of persons 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 of any other persons except such as are mentioned in this Act and those claiming by, from or under them.