Sri Bodhiraja Foundation(Incorporation)



Sri Bodhiraja Foundation(Incorporation)
AN ACT TO INCORPORATE THE SRI BODHIRAJA FOUNDATION
Preamble.

WHEREAS a Foundation called and known as the “Sri Bodhiraja Foundation ” has heretofore been established at Embilipitiya Sri Bodhiraja Dharmayathanaya for the purpose of effectually carrying out and transacting all matters connected with the said Foundation according to the rules agreed to by, its members :

AND WHEREAS the said Foundation 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:

[29th July
, 1993
]
Short title.

1. This Act may be cited as the Sri Bodhiraja Foundation (Incorporation) Act, No. 30 of 1993.

Incorporation of the Sri Bodhiraja Foundation.

2. From and ”after the date of commencement of this Act such and so many persons as now are members of the Sri Bodhiraja Foundation (hereinafter referred to as ” the Foundation “) or shall hereafter be admitted as members of the Corporation hereby constituted shall be and become a body corporate with perpetual succession under the name and style of the ” Sri Bodhiraja Foundation” (herein after referred to as ” the Corporation “) and by that name 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 established are hereby declared to be

(a) to preserve and disseminate the Theravadi Buddhist philosophy and way of life ;

(b) to maintain friendly relations with other Buddhist Organizations in and outside Sri Lanka ;

(c) to conduct vocational educational courses for youth in Sri Lanka;

(d) to train students in small industries and to help them financially or otherwise to establish themselves as useful citizens ;

(e) to foster and promote education, by establishing and maintaining schools, Buddhist Dhama Schools, Pirivesnas and institutions for child education, and by granting scholarships ;

(f) to grant medical relief, food, clothing and shelter, to the needy, orphans and the sick;

(g) to establish and maintain orphanages and homes, for the aged and the destitute and to establish social welfare centers;

(h) to provide welfare facilities and establish homes for the disabled, the deaf, the dumb and the blind and to establish homes for them;

(i) to grant scholarships,, or cash or other assistance to persons, engaged in the furtherance of the objects of the Corporation ;

(j) to establish and maintain libraries, to subscribe for, and issue, books, journals, souvenirs and periodicals and to provide such other services as may be deemed desirable for attaining the objects of the Corporation ;

(k) to promote, arrange, organise and hold exhibitions lectures, seminars, symposia, workshops, classes, debates, conferences, tours, excursions or other activities in furtherance of the objects of the Corporation ;

(l) to co-operate with other associations, societies or organizations, having objects similar to those of the Corporation;

(M) to engage in any industry or trade or in any export or import business and to aid and assist persons to commence and operate agricultural, industrial and commercial ventures and to undertake training programmes, extension services and to organise propaganda activities for the transfer of technology to the people ; and

(n) to do all other acts and things as are or may be necessary, conducive, or incidental to the attainment of the 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 moneys, with or without security, to receive or collect grants and donations, to invest its funds, and to engage, employ and dismiss officers and servants for the purpose of carrying out the objects of the Corporation.

Management of the affairs of the Corporation.

5.

(1) The affairs of the Corporation shall, subject to the other provisions of this Act and the rules in force for the time being of the Corporation, be administered by a Committee of Management consisting of the Director General, the Honorary Secretary and the Honorary Treasurer and not less than six other members to be elected in accordance with the rules in force for the time being of the Corporation.

(2) Notwithstanding anything to the contrary in sub section (1) of this section the venerable Omalpe Sobitha Thero, shall be the Director-General of the Corporation and shall be the Director-General for life, and he shall nominate a successor who shall also hold office for life.

(3) The first Committee of Management of the Corporation shall consist of the members of the Committee of Management of the Foundation holding office on the day preceding the date of commencement of this Act, and whose names are specified in the Schedule to this Act.

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

Rules of the Corporation.

6. It shall be lawful for the Corporation, from time to time, at an annual general meeting of the Corporation convened for the purpose and by a majority 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 and expulsion of members of the Corporation, for the election of the office-bearers and of the Committee of Management, the procedure to be observed in the transaction of business at meetings of the Corporation, the conduct, duties and functions of the officers and servants and the Committee off Management of the Corporation, 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.

Debts due by and payable to the Foundation.

7. All debts and liabilities of the Foundation existing on the 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 Foundation on that day shall be paid to the Corporation for the purposes of this Act.

Corporation may hold property movable and immovable.

8. 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 mortgage, sell lease, exchange or otherwise dispose of the same.

Fund of the Corporation.

9.

(1) The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gift, bequest, donation, subscription, contribution, fees or grant for and on account of the Corporation shall be deposited to the credit of the Corporation in one or more banks as the Committee of Management shall determine.

(2) The Corporation may create any depreciation fund; reserve or sinking fund for the rehabilitation, improvement and development of the property of the Corporation.

(3) There shall be paid out of the fund all sums of money to defray an expenditure incurred by the Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act

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 the Director-General and the Secretary who shall sign then1 names to the instrument in token of their presence and such signing shall be independent of the signing of any person as a witness.

Savings 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 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.

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


Schedules