Sri Kalyani Eksath Bauddha Sangamaya (Incorporation)



Sri Kalyani Eksath Bauddha Sangamaya (Incorporation)
AN ACT TO INCORPORATE THE SRI KALYANI EKSATH BAUDDHA SANGAMAYA
Preamble.

WHEREAS an Association called and known as the “Sri Kalyani Eksath Bauddha Sangamaya ” has heretofore been formed in Sri Lanka, for the purpose of effectually carrying out and transacting all objects and matters connected with the said Association according to the rules’ agreed to by its members:

AND WHEREAS the said Association has heretofore successfully carried out and transacted the several objects and matters for which it was formed and has applied to be incorporated and it will be for the public advantage to grant such application :

BE it therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :”

[13th November
, 1992
]
Short title.

1. This Act may be cited as the Sri Kalyani Eksath Bauddha Sangamaya (Incorporation) Act, No. 60 of 1992.

Incorporation of the Sri Kalyani Eksath Bauddha Sangamaya.

2. From and after the date of commencement of this. Act, such and so many persons as now are members of the Sri Kalyani Eksath Bauddha Sangamaya (hereinafter referred to as the ” Sangamaya “) or shall hereafter be admitted as 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 ” Sri Kalyani Eksath Bauddha Sangamaya”, and by that name may sue, and be sued, with full power and authority to have and use a common seal and to alter the same at its pleasure.

General object of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be”

(a) to safeguard and propagate Buddhism ;

(b) to establish monasteries and forest hermitages, and to provide facilities for the accomplishment of its objects ;

(c) to assist in ordaining youth with the necessary qualifications and religious devotion, and to provide them with the four requisites ;

(d) to open a hospital for sick monks and to provide medical facilities to all monks leading a monastic life ;

(e) to teach Dharma and Vinaya to monks, to train them in Yoga exercises and to make them proficient in Pali, Sinhala and other oriental and western languages ;

(f) to establish dhamma schools for the purpose of imparting the knowledge of the dhamma to the younger generation ;

(g) to encourage buddhists to treat the sick in hospitals. and to promote social service activities; and

(h) to do all such other acts and things as are conducive or incidental to the attainment of the above objects.

General powers of the Corporation.

4. Subject to the provisions of this Act and any other at written law, the Corporation shall have the power to do, the corporation” perform and execute, all such acts, matters and things 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 money with or without security, to receive or collect grants and donations, to invest its funds and to engage, employ and dismiss officers and servants required for the carrying out of the objects 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 the office-bearers and such other persons 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 Sangamaya holding office on the day preceding the date of commencement of this Act.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting 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 other written law, for all or any of the following matters : ”

(a) the classification of membership and the admission, withdrawal or expulsion of members;

(b) the election of the office-bearers, the resignation or vacation of, or removal from office of, office bearers and their powers, conduct and duties;

(c) the election of the members of the Committee of Management, and its powers, conduct and duties;

(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;

(e) the procedure to be observed at, and the summoning and holding of, meetings of the Committee of Management, the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;

(f) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts ; and

(g) generally, for the management of the affairs of the Corporation and the accomplishment of its objects.

(2) Any rule made by the Corporation may be amended, altered, added to or reminded at a like meeting and in like manner as a rule made under subsection (1).

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

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

Debts due to and payable by the Sangamaya.

7. All debts and liabilities of the Sangamaya 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 Sangamaya 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 acquire 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, and it shall have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Seal of the Corporation.

9. The Seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the President and Secretary or the Treasurer of the Corporation, who shall write and 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 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.

Sinhala text to prevail in the event of inconsistency.

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