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Short title.
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1. This Act may be cited as the Servants of the Buddha ( Incorporation) Act, No. 48 of 1991.
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Incorporation of the Servants of the Buddha.
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2. From and after the commencement of this Act such and so many persons as now are members of the Servants of the Buddha (hereinafter referred to as ”’ the Association “), 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 Servants of the Buddha ” and by that name 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 discretion.
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General objects of the Corporation.
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3. The general objects for which, the Corporation is constituted are hereby declared to be-
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(a) to endeavour to spread its Buddha Dhamma among the peoples of the world ;
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(b) to promote, in various ways, the understanding of the Buddha Dhamma and the practice of Dana Sila and Bhavana by Buddhists; and
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(c) to work for the development of a peaceful and tolerant society.
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General powers of the Corporation.
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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 so as are necessary or desirable for the promotion and 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 required for the carrying out of the objects of the Corporation.
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Management of the affairs of the Corporation.
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5.
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(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of Directors consisting of the office bearers and such other persons as may be provided for in these rules and elected in accordance therewith.
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(2) The first Board of Directors of the Corporation shall consist of the members of the Board of Directors of the Association holding office on the day preceding the date of commencement of this Act.
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Rules of the Corporation.
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6.
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(1) The Corporation may, from time to time at any general meeting and by the votes of not less than four-fifths of the members present and voting, make rules, not inconsistent with the provisions of this Act or of any other written law, for the admission, withdrawal, retirement or expulsion of members or for the election of the office bearers and members of the Board of Directors and for the management of the affairs of the Corporation and the accomplishment of its objects. These rules when made may, at a like meeting and in like manner be altered, added to, amended or rescinded.
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(2) The members of the Corporation shall be subject to the rules of the Corporation.
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Corporation may hold property movable and immovable.
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7. The Corporation shall be able and capable in law to take and held any property, movable or immovable, which may become vested in it by virtue of any purchase, grant. gift, exchange, 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 full power to sell, mortgage, lease exchange or otherwise dispose of the same.
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Debts due by and payable to the Association.
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8. All debts and liabilities of the Association existing on the day preceding the date of commencement of this Act. shall be paid by the Corporation and all debts due to. and subscriptions and contributions payable to, the Association on that day, shall be paid to the Corporation for the purposes of this Act.
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Seal of the Corporation.
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9. The seal of the Corporation shall not be affixed to any instrument except under the authority of a resolution passed, by the Board of Directors and in the presence of two members of the Board of Directors, one of whom shall be the President, or in the absence of the President, the Secretary, 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.
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Limitation of liability.
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10. No member of the Corporation shall, for the purposes of discharging the debts and liabilities of the Corporation or any other purpose, be liable to make any contribution exceeding the amount of the annual subscription payable by him.
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Property remaining of resolution.
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11. If upon the dissolution of the Corporation there remains, after the satisfaction of all debts and liabilities, any property, that property shall not be distributed among the members of the Corporation but shall, be given or transferred to some other association or associations having objects similar to the objects of the Corporation and which is, or are, by the rules thereof prohibited from distributing any income or property among its or their members. Such association or associations shall be determined by the members of the Corporation at or immediately before the time of the dissolution, of the Corporation or in default thereof by a court within the local limits of whose jurisdiction the whole or any part of that property is held or situate. If that property or any part thereof cannot be disposed of in accordance with, the preceding provisions of this section that property or part thereof shall be applied to some charitable purpose.
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Savings of the rights of the Republic.
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12. 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 and other them.
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Sinhala text to prevail in case of inconsistency.
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13. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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