Sadaham Mithuru Samuluwa (Incorporation)



Sadaham Mithuru Samuluwa (Incorporation)
AN Act TO INCORPORATE THE SADAHAM MITHURU SAMULUWA.
Preamble.

WHEREAS a society in the Buddhist Theosophical tradition called and known as the Sadaham Mithuru Samuluwa has been existence in Kandy since 1958 for the purpose of effectually carrying out its objects 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 :

[21st April
, 1992
]
Short title.

1. This Act may be cited as the Sadaham Mithuru Samuluwa. (Incorporation) Act. No, 28 of 1992.

Incorporation of the sadaham Mithuru to Samuluwa.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Sadaham Mithuru Samuluwa (hereinafter referred as “the Society”) and such other persons as 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 Sadaham Mithuru Samuluwa” and by that name shall and may sue and be sued 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 help lay disciples to realize the supreme goal of Lord Buddha’s teachings ;

(b) to promote friendship among lay disciples ;

(c) to help to build a righteous society ;

(d) to promote the study of the teachings of the Buddha in their totality, including theory, practice and insight ;

(e) to provide for, and maintain Spiritual Centers ;

(f) to do all such other acts and things as are conducive or incidental to, the attainment of all or anyone of the objects of the Corporation.

Executive Committee.

4.

(1) The affairs of the Corporation shall subject to the provisions of this Act and the rules in force for time being of the Corporation be administered by an Executive Committee consisting of –

(a) the President

(b) Vice-President, Secretary Treasurer and an organiser who shall be elected in accordance with the rules of the Corporation ; and

(c) such number of 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 on the day preceding the date of commencement of this Act.

Rules of the Corporation.

5.

(1) It shall be lawful for the Corporation, from time to time, at a general meeting and by the votes of two-thirds of the members present and voting, to make such rules as are not inconsistent with the provisions of this Act or any other written-law, for the admission, withdrawal or expulsion of members, for the conduct of the duties of the Executive Committee and of 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.

(2) Neither any rule of the Corporation far the thru? being in force nor any rule which may hereafter be passed shall be altered, added to, amended or rescinded except by the votes of two-thirds of the members present and voting at a like meeting and in like manner :

Provided however, that no such alteration, addition amendment or recision shall have effect unless approved by the chief lay patron of the Corporation.

(3) The rules of the Society in force on the day preceding the date of commencement of this Act shall be deemed to be the rules of the Corporation made under this Act, in so far as they are not inconsistent with the previsions of this Act or other written law.

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

Corporation may hold property movable and immovable.

6. 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 the rules in force for the time being of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

General power of the corporation.

7.

(1) Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, perform and excute 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 moneys, with or without security, to receive or collect grants or donations, to invest its funds and to engage, employ and dismiss officers and servants required for the carrying out of the object of the Corporation.

(2) The powers conferred on the Corporation by section 6 and subsection (1) of this section shall be exercised by the Executive Committee with the approval of the chief lay Patron.

Debts due by and payable to the society.

8. All debts day preceding the date of commencement of this Act, shall be paid by the Corporation hereby constituted, and all debts due to and subscriptions and contributions payable to, the Society 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 two members of the Executive Committee, 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 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.

Sinhala text to prevail in case inconsistency.

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