Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya (Incorporation)



Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya (Incorporation)
AN ACT TO INCORPORATE THE WALAGEDARA SRI NIVASA PUSTHAKALA PIRIVEN VIHARASTHA SANWARDENA SAMITHIYA.
Preamble.

WHEREAS an Association called and known as the ‘Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya ” has heretofore been established at Walagedara for the purpose of 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 established 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 :-

[28th January
, 1994
]
Short title.

1. This Act may be cited as the Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya (Incorporation) Act, No. 2 of 1994.

Incorporation of the Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the ” Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya ” (hereinafter referred to as ” the Association”) and shall thereafter 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 ” Walagedara Sri Nivasa Pusthakala Piriven Viharastha Sanwardena Samithiya” 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 to alter the same at its pleasure.

General objects of the Corporation.

3. The general objects of the Corporation are declared to be :-

(a) to maintain the buildings of Walagedara Sri Nivasa Pusthakala Piriven Viharaya and to construct new buildings including a shrine room;

(b) to promote the religious, social, educational and cultural welfare of the people of the area ;

(c) to promote the advancement of education of the Sangha and the laity, by providing courses of studies in Sinhala, Pali, Sanskrit, Buddhism, Ayurvedic Medicine and technology ;

(d) to train a line of bhikkus well versed in the teaching of the Dhamma ;

(e) to re-organize and improve, the Siri Uparatana Dhamma School, the Dayaka Sabhawa of, avid other Buddhist societies affiliated to, the Walagedara Sri Nivasa Pusthakala Piriven Viharaya ;

(f) to assist needy students by providing them with books, instruments, apparel, loans and grants ;

(g) to establish and maintain libraries;

(h) to conduct discourses, Buddhapujas, Chetiya pujas, Bodhi pujas, deva pujas, meditation classes, discussions, seminars, lectures and tours, in furtherance of its objects ;

(i) to conduct vocational training courses for youth ;

(j) to provide instruction, training and assistance to youth to enable them to be self employed ;

(k) to provide assistance to deserving persons in times of natural disasters ;

(l) to provide financial or other aid, to bhikkus and voluntary organizations who assist in the accomplishment of the objects of the Corporation ;

(m) to provide technical instruction and implements to those who are engaged in industrial and agricultural ventures ;

(n) to liaise with the public and with private sector institutions involved in promoting self-employment or in manufacturing or in importing and exporting; and

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

Management of the affairs of the Corporation.

4.

(1) The affairs of the Corporation shall, subject to of the rules in force for the time being of the Corporation,be administered by a Council of Management (hereinafter referred to as the ‘ Council “) consisting of office bearers and such other persons as may be provided for in such rules and elected, appointed or nominated in accordance therewith.

(2) The first Council of Management of the Corporation shall be the Council of Management of the Association holding office on the day immediately preceding the date of commencement of this Act.

General powers of the Corporation.

5. Subject to the provisions of this Act and any other written law the Corporation shall have the power-

(a) to acquire, hold and develop any property movable or immovable which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise ;

(b) to sell, mortgage, lease, exchange or otherwise dispose of any such property;

(c) to appoint, employ, remunerate, exercise disciplinary control over, and dismiss, such officers and servants as may be necessary for the purpose of carrying out the objects of the Corporation ;

(d) to receive grants, gifts or donations in cash or kind whether from local or foreign sources ;

(e) to establish branches of the Corporation in Sri Lanka or in any foreign country for the purpose of carrying out the objects of the Corporation ;

(f) to open, operate and close bank accounts and to borrow or raise money with or without such security ;

(g) to invest moneys belonging to the Corporation in such securities as may be determined by the Council ; and

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

Fund of the Corporation.

6.

(1) The Fund of the Corporation shall consist of-

(a) all moneys lying to the credit of the Association on the day immediately preceding the date of commencement of this Act which shall stand transferred to the Corporation from that date ; and

(b) all moneys that may accrue to the Corporation after the date of commencement of this Act.

(2) All moneys lying to the credit of the Fund of the Corporation shall be utilized to defray the expenses incurred in the management of the affairs of the Corporation and the accomplishment of its objects.

Rules of the Corporation.

7.

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

(a) the election, appointment or nomination of the members of the Council and their powers, and duties and the terms of office ;

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

(c) the procedure to be observed at, the summoning and holding of, meetings of the Council, the times, places, notice and agenda of such meetings, the quorum therefor and the conduct of business thereat ;

(d) the qualifications and disqualifications for member-ship in the Council and the Corporation ;

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

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

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

(3) The rules of the Association in force on the day immediately preceding the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act or any 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 by or payable to the Association.

8. All debts and liabilities of the Association existing on the day immediately preceding the date of commencement of this Act shall be paid and discharged by the Association. Cprporation hereby constituted and all debts due to, and subscriptions and contribution payable to, the Association on that day shall be paid to the Corporation for the purposes of this Act.

How the seal of the Corporation is to be affixed.

9. The seal of the Corporation shall be in the custody of the secretary of the Corporation and it shall not be affixed to any instrument whatsoever except in the presence of the secretary and such other number of members of the Council as may be provided for in the rules of the Corporation and they 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 of inconsistency.

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