Ratnapura Buddhist Society (Incorporation)



Ratnapura Buddhist Society (Incorporation)
AN ACT TO INCORPORATE THE RATNAPURA BUDDHIST SOCIETY.
[10th December
, 1985
]
Short title.

1. This Act may be cited as the Ratnapura Buddhist Society (Incorporation) Act, No. 9 of 1983.

Incorporate of the Ratnapura Buddhist Society.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Ratnapura Buddhist Society Ltd. (hereinafter referred to as ” the Society “), and shall hereafter be admitted members of the Corporation hereby constituted, shall be and become a body corporate (hereinafter referred to as the ” Corporation”) with perpetual succession under the style and name of ” The Ratnapura Buddhist Society ” 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 for which the Corporation is constituted are hereby declared to be”

(a) to lake all necessary steps to promote the study of Buddhism ;

(b) to establish unity and co-operation among Buddhists;

(c) to work in harmony with other Buddhist societies for the advancement of Buddhism;

(d) to encourage the practical observance of Buddhism and propagate Buddhism;

(e) to work towards the advancement of the physical, intellectual and social welfare of the members ; and

(f) to give financial aid and offer scholarships to those Buddhist students and Bhikkus residing in the district of Ratnapura who are clever, intelligent and able to pursue higher studies but are prevented from doing so, due to their economic conditions.

Board of Governors.

4.

(1) There shall be a Board of Governors of the Corporation consisting of twelve members two of whom shall be the President of the Corporation and the President of the Ratnapura Buddhist Educational Board, by virtue of their office.

(2) The first Board of Governors of the Corporation shall consist of the following members who are the members of the Board of Governors of the Society at the time of the coming into operation of this Act,

1. The Hon. R. S. Wanasundara, Judge of the Supreme Court;

2. The Hon. E. A. D. Atukorale, Judge of the Court of Appeal;

3, Harold Weragama, Esq.;

4. G.S. Marapana, Esq.;

5. A. P. B. Manamperi, Esq. ;

6. A. M. B. Weligepola, Esq. ;

7. W. K. Premaratne, Esq.;

8. H.D.H. Wijegooneratne, Esq.;

9.B.H Bulathsinhala, Esq.;

10. Harry Weerasekera, Esq. ;

Ex officio –

11. The President, Ratnapura Buddhist Society Ltd., presently G. K Ratnasekera, Esq. ;

12. The President, Ratnapura Buddhist financial aid, pay scholarship money and Educational Board, presently P. Marapana Esq

(3) Any vacancy in the Board of Governors other than that of ex officio members of the Corporation shall be filled by the Corporation at a general meeting with the approval of the other members ofthe Board of Governors.

Management of affairs of the Corporation.

5.

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

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

Establishment of Boards.

6. It shall be lawful for the Corporation to establish Boards affiliated to the Corporation to carry out any one or more objects of the Corporation subject, however, to the rules of the Corporation.

Ratnapura Buddhist Educational Board.

7.

(1) The Ratnapura Buddhist Educational Board (hereinafter referred to as the Educational Board ) already established by the Society shall continue to function and shall have the right to frame its own rules and regulations.

(2) All moneys collected by the Educational Board shall be deposited in its name in the National Savings Bank or any other bank approved by the Board as a fixed deposit and shall be in the control exclusively of the Educational Board subject however to the provisions of subsection (3).

(3) The Educational Board shall not, without the written sanction and approval of the Board of Governors, withdraw any sum whatsoever from the fixed deposits lying to its credit:

Provided, however, that the Educational Board shall be entitled to use the interest accruing on the said fixed deposits to give financial aid, pay scholarship money and other incidental expenses without the approval of the Board of Governors.

Powers of the Board of Governors.

8.The Corporation shall not, without the written sanction and approval of the Board of Governors-

(a) sell mortgage, exchange or alienate in any manner any property belonging to the Corporation ;

(b) lease any property belonging to the Corporation for a period in excess of one year or lease the same property for any subsequent period;

(c) expend any sum of money exceeding twenty-five thousand rupees on any project or for any purpose during a period of one year :

Provided, however, that the provisions of this paragraph shall not apply to the Educational Board on the use of the interest accruing on fixed deposits to give financial aid, pay Scholarship money and other incidental expenses.

Power to make rules.

9. It shall be lawful for the Corporation from time to time at any general meeting of the members and by a majority of votes to make rules, not inconsistent with the principles and provisions of this Act, for the admission, withdrawal or expulsion of members, the election and removal of the office -bears, the Committee of Management and the Board of Governors, the powers ,conduct, duties and functions of the office-bearers, the Committee of Management, the Board of Governors and the various officers, agents and servants of the Corporation, the establishment of a Boards to be affiliated to the Corporation to carry out one out or several objects of the Corporation and the determination of their powers and duties, and otherwise generally for the management of the affairs of the Corporation and the accomplishment of its objects. Subject to the provisions of section 11, such rules may be altered, added to,amended or rescinded.

Rules in the Schedule to be rules of the Corporation.

10. Subject to the provisions of section 9 , the rules set out in the Schedule to this tiles of the Corporation Act shall for all purposes be the rules of the Corporation :

Provided, however, that nothing in this section contained shall be deemed or construed to prevent the Corporation at any general meeting from making fresh rules, or from altering, amending, adding to or rescinding any of the rules set out in such Schedule.

Procedure of amendment of rules.

11. No rule in the Schedule to this Act nor any rule which may hereafter be passed shall be altered, amended, added to or rescinded, except by a vote of two-thirds of the members present and voting at a general meeting specially summoned for the purpose and unless,

(a) such alteration, addition, amendment or rescission shall have been previously approved by the Committee of Management; and

(b) in the case of any alteration, addition, amendment or cancellation of a rule relating to the exercise of any power, duty or function by the Board of Governors, such alteration, addition, amendment or rescission shall also have been previously approved by the Board of Governors.

Finality of decision taken.

12. Any decision taken by the Board of Governors, the Corporation or the Educational Board in accordance with the rules existing at the time of such decision shall be final and conclusive and binding on all members.

Property to be vested in the Corporation.

13. On the coming into operation of this Act all the property movable and immovable belonging to the Society, whether held in the name of the Society or in the name or in the names of any person or persons in trust for the Society, shall be and the same are hereby vested in the Corporation hereby constituted.

Debts due by and payable to the society.

14. All debts and liabilities of the Society existing at the time of the coming into operation of this Act shall be paid by the Corporation hereby constituted, 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.

How seal of the Corporation is to be affixed.

15. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the President or the Secretary or the Treasurer and one other member of the Committee of Management, 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.

Corporation may hold property movable or immovable.

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

Saving of the rights of the Republic and others.

17. 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.


Schedules