Young Men’s Buddhist Association, Maggona, Law
A LAW TO INCORPORATE THE YOUNG MEN’S BUDDHIST ASSOCIATION, MAGGONA. Preamble.
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WHEREAS an Association called and known as” The Young Men’s Buddhist Association, Maggona” has heretofore been established at Maggona for the purpose of effectually carrying out and transacting ail matters connected with the said Association according to the rules agreed to by its members:
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And whereas the said Association has heretofore successfully carried out and transacted the several objects and matters for which it has been established, and has applied to be incorporated, and it will be for the public advantage to grant the application:
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BE it, therefore, enacted by the National State Assembly of the Republic of Sri Lanka as follows: –
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Short title.
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1. This Law may be cited as the Young Men’s Buddhist Association, Maggona, Law, No. 11 of 1974.
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Incorporation.
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2. From and after the date of commencement of this Law, the President, Vice-Presidents, and members of the Board of Management for the time being of the said Young Men’s Buddhist Association, Maggona, and such and so many persons as now are members of the said Young Men’s Buddhist Association, Maggona, or shall hereafter be admitted members of the corporation hereby constituted, shall be and become a corporation with continuance for ever under the style and name of” The Young Men’s Buddhist Association, Maggona”, and by that name shall have perpetual succession and 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 pleasure
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Objects.
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3. The general objects for which the corporation is constituted are hereby declared to be-
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(a) the advancement of mutual love, morality and unity among Buddhists; the common welfare of Buddhists;
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(b) the propagation of Buddhism; the advancement of Buddhists and national education; the protection of the interests of Buddhism;
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(c) the adoption of ways and means whereby Buddhists are made more mindful of Buddhist doctrine; the rendering of assistance to Buddhist activities.
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Rules.
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4.
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(1) The rules set forth in the Schedule shall for all purposes be the rules of the corporation:
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Provided that the corporation may at any duly constituted general meeting, make fresh rules, or alter, amend or add to or cancel any of the rules which are set forth in the Schedule or which may be made hereafter by the corporation.
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(2) No fresh rule shall be made, nor shall any rule which is in the Schedule or which shall have been hereafter made be altered, added to, amended or cancelled, except on a special resolution of which not less than twenty-eight days’ notice shall have been given, and which resolution shall have been passed by a majority of not less than two-thirds of the members present and voting at a general meeting specially convened for the purpose.
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Debts, &c.
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5. All debts and liabilities of the said Young Men’s Buddhist Association, Maggona, existing at the time of the coming into operation of this Law shall be payable by the corporation, and all debts due to and all subscriptions and contributions payable to the said Association shall be payable to the said corporation.
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Seal of the corporation.
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6.The seal of the corporation shall not be affixed to any instrument whatsoever except in the presence of at least the President of the corporation and either. its Secretary or its Treasurer, 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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Corporation to bold property, &c.
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7.
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(1) The corporation shall have the right and power to enter into any contract in furtherance of its , aims and objects, subject to the rules of the corporation for the time being.
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(2) The corporation shall be able and capable in law to take and hold any property, movable and 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 Law, and subject to the rules for the time being of the said corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.
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Saving of rights of the Republic and others.
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8. Nothing in this Law 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 Law and those claiming by, from, or under them.
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SCHEDULEI. NAME AND OBJECTS.
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1. The Association shall be called” The Young Men’s Buddhist Association, Maggona” (hereinafter referred to as” the Association”).
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2. The objects of the Association shall be-
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(a) the advancement of mutual love, morality and unity among Buddhists; the common welfare of Buddhists;
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(b) the propagation of Buddhism; the advancement of Buddhist and national education; the protection of the interests of Buddhism;
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(c) the adoption of ways and means whereby Buddhists are made more mindful of Buddhist doctrine; the rendering of assistance to Buddhist activities.
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II. CONSTITUTION
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3. Members: The members of the Association shall consist of-
4. Office-bearers: The office-bearers of the Association shall be the following: –
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(b) not more than four Vice-Presidents;
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(c) an Honorary Secretary;
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(d) an Honorary Assistant Secretary;
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(e) an Honorary Treasurer;
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(g) the Chairman for the time being of every Special committee appointed under rule 31 (a);
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(h) the Secretary for the time being of every Special committee appointed under rule 31 (a). 5. Board of Management: There shall he a Board of Management (hereinafter sometimes referred to as” the Board”) which shall consist of-
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(a) all office-bearer’s of the Association (hereinafter sometimes referred to as” the ex-officio members of the Board”);
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(b) a minimum of thirty-five members (other than office bearers) annually elected to serve on the Board (hereinafter sometimes referred to as” the unofficial members of the Board”).
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III. MEMBERSHIP.
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6. Every man and woman who has completed the eighteenth year of age is eligible to become either a Life Member or an Honorary Member or an Ordinary Member of the Association
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7. Any person eligible for membership may apply to be enrolled either as an Honorary Member or as an Ordinary Member, in a form approved by the- Board and such form shall, together with at least one month’s membership fee of an Honorary Member or of an Ordinary Member, as the ease may be, be submitted to the Honorary Secretary. The Honorary- Secretary shall place every such application before the Board at its next meeting.
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8. The Board may at its discretion either approve or disapprove of an application for membership. Where an application is disapproved no reasons need be stated.
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9. Any person who donates a sum not less than Rs 250 to the Association may be elected to be a Life Member of the Association by the Board of Management at its sole discretion. Every person so elected shall be a Life Member of the Association.
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10. The membership fees shall be-
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(a) Honorary Members: a minimum of Re. 1 per month or Rs. 10 per year;
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(b) Ordinary Members: a minimum of cents 25 per month or Rs. 3 per year.
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IV. LOSS OF MEMBERSHIP.
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11. Death shall terminate the membership in the Association.
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12. Where any member is in arrear of his membership fees for a period of six months he shall thereafter cease to enjoy any privileges of membership until all arrears are paid. If, however, he fails to pay all arrears within a further period of six months, his membership shall thereafter terminate, and he may regain membership on application subject to rule 18.
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13. Any person whose membership shall have ceased under rule 12 shall not he eligible to apply for membership unless he shall have first paid up all arrears of his membership fees incurred while he was a member.
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14. At a special general meeting convened for the purpose, the Board of Management; may by resolution suspend or remove from membership any member, if the conduct of such member has, in the opinion of the Board, been, either contrary to the objects of the Association, or derogatory of the honour or dignity of the Association, or obstructive to the progress of the Association:
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Provided that a minimum of one-half of the number of the members of the Board for the time being, shall have voted en such resolution either for or against.
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15. Any member may, by letter addressed to the Honorary Secretary, tender his resignation from the membership of the Association, and every such letter shall be placed before the Board of Management at its next- meeting, and on the Board accepting his resignation such member shall thereafter cense to he a member of the Association.
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16. Once paid, no membership fee or part thereof, shall be refundable to any person for any reason whatsoever.
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V. CONTROL AND ADMINISTRATION OF PROPERTY AND FUNDS.
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17. All moneys payable to the Association shall be paid to the Honorary Treasurer. The Honorary Treasurer is hereby empowered to make payments subject to the approval of the Board of Management.
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118. Notwithstanding anything to the contrary in the preceding rules, the Honorary Treasurer may on behalf of the Association pay out of its money– without the prior approval of the Board for such payments having been obtained, provided that such payments do not in the aggregate exceed Rs. 75 in any calendar month, and the Honorary Secretary is hereby empowered to spend on behalf of the Association a sum not exceeding Rs. 25 in the aggregate in any one calendar month.
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19. Without unreasonable delay, all moneys of the Association shall be deposited in an account in the name of the Association in a bank approved for the purpose by the Board, and such account shall be operated by two office-bearers, namely, the President and according to the decision of the Board either the Honorary Secretary or the Honorary Treasurer.
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20. Notwithstanding anything to the contrary in the preceding rules, the Honorary Treasurer may retain with him a total of Rs. 100 at any given time out of the moneys of the Association, and the Honorary Secretary a total sum of Rs. 51 at any given time.
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21. All payments of. membership fees shall forthwith be recorded in a book kept specially for the purpose, to be called the Membership Register. The Honorary Treasurer shall issue receipts for ell moneys received by him on behalf of the.
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22. At every monthly meeting of the Board of Management the Honorary Treasurer shall place before the Board an audited statement of accounts of the Association for the preceding calendar month.
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23. The Board of Management may on behalf of the Association, acquire, dispose of or create at its discretion, ownership or other interest in movable property, whether on sale, donation, lease, mortgage, exchange or otherwise.
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24. The Board of Management may on behalf of the Association, acquire, dispose of or create at its discretion, ownership or other interest in land or other immovable property, whether by sale, donation or lease, mortgage, exchange or otherwise, pro vided that no such acquisition, disposal or creation shall be of any force or avail in law, unless such act had been previously authorized at a general meeting of the Association, by a special resolution passed by a majority of not less than two-thirds of the members present at such meeting.
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25. No money of the Association, except a sum not exceeding Rs. 250 within any calendar month, shall be expended on causing or effecting any permanent improvement on any land or other immovable property, unless such expenditure had been previously authorized at any general meeting of the Association, by a resolution passed by a majority of not less than two-thirds of the members present at such meeting.
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26. Subject to the rules of the Association, the control and administration of the properties of the Association, both movable and immovable, shall be vested in the Board of Management,
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VI. OFFICE-BEARERS
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27. The office-bearers mentioned in rule 4 (a) to (f) shall be elected at the Annual General Meeting each year, and on such election shall hold office until the election of persons for such offices at the succeeding Annual General Meeting, unless they earlier vacate office.
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28. An office-bearer mentioned in rule 4 (a) to (f) shall be deemed to have vacated office in any one of the following eventualities: —
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(a) loss of membership in the Association;
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(b) resignation from office by letter addressed to the Honorary Secretary or the President, when such resignation is accepted by the Board of Management.
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29. When an office-bearer mentioned in rule 4 (a) to (f) has vacated office under the preceding rule, and the Board considers it necessary to fill such vacancy, a by-election shall be held to fill such vacancy, at a Special General Meeting specially convened for the purpose, and a member filling such office shall hold office until the election of office-bearers at the next Annual General Meeting, unless he earlier vacates office. |
VII. BOARD OF MANAGEMENT
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30. The control and management of the affairs of the Association shall, subject to the rules of the Association, be performed by the Board of Management., provided that the number of members for the time being constituting the Board is not less than twenty.
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31. Notwithstanding anything contained in the preceding rule the Board of Management is hereby empowered to-
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(a) appoint any member or members of the Association as a special committee, for any defined purpose, and to appoint the Chairman and Secretary thereof;
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(b) fill any vacancy occurring in its own unofficial membership during the course of the year, for the unexpired term of office;
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(c) co-opt any member of the Association as a member of the Board.
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VIII. MEETINGS
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32. A general meeting of the Association shall be–
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(i) an ordinary general meeting, or
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(ii) a Special General Meeting, or
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(iii) an Annual General Meeting.
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33. At least seven days prior to every general meeting, every member of the Association shall be notified of the time, venue and agenda of such meeting. |
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34. The quorum for a general meeting shall be twenty-one members inclusive of-
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(a) the president or one Vice-President. and
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(b) the Honorary Secretary or the Honorary Assistant Secretary.
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35. Whenever the Board of Management resolves that it is necessary to hold a general meeting of the Association, such meeting which shall be called an ordinary general meeting shall be held provided that only one ordinary general meeting shall be held in any calendar month unless the Board for sufficient cause otherwise resolves such meeting shall be held in the afternoon of the third Sunday of the month. |
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36. Any fifteen or more members of the Association may, by writing addressed to the Honorary Secretary, requisition a general Meeting of the Association to transact such business as shall be stated in such writing and such meeting shall be summoned by the Honorary Secretary on a date lading within twenty-one days of receipt of such writing by him. Notification to the members of such date shall be completed within ten days of receipt of such writing and if the Honorary Secretary fails to do so. any fifteen or more members whether signatories to the writing or not, may subject to rule 33 summon such meeting for a date falling within twenty-one days of receipt of the writing by the Honorary Secretary. A meeting under this rule shall be called a Special General Meeting.
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37. The Annual General Meeting of the Association shall be held either in the month of July or in the month of August each year, and the agenda shall include-
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(i) the election of office-bearers mentioned in rule 4 (a) to (f);
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(ii) the election of a minimum of thirty-five members as the unofficial members of the Board;
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(iii) the consideration of the annual report and the statement of annual accounts of the Association for the preceding year.
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38. Notice of any resolution to be moved at a general meeting shall, together with a copy of its test, be given to the Honorary Secretary at least fourteen days prior to the next meeting of the Board of Management and every such resolution shall be placed before the Board for its approval. |
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39. Every resolution coming before the Board under the preceding rule 38 shall be considered by the Board and where the intended proposer or seconder is not a member of the Board, he or they, as the case may be, shall be permitted to speak before the Board on behalf of the resolution.
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40. No resolution shall be proposed at any general meeting unless the provisions of the preceding rules 38 and 39 have been complied with, and the Board has granted its approval for such resolution being proposed at a general meeting.
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41. A meeting of the Board of Management shall be-
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(a) a monthly meeting, or
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(b) an extraordinary meeting, or
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(c) an emergency meeting, or
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42. The Board of Management shall meet once every calendar month, and unless the President for sufficient cause otherwise directs. such meeting shall be hold on the first at 3 p.m. at the hall of the Association. A meeting under this rule shall be called a monthly meeting. |
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43. if for any reason the Honarary. Secretary fails to summon the monthly meeting in two consecutive months, the President may summon a mooting of the Board, to he called an extra ordinary meeting, for the transaction of business which would have been transacted ran such monthly meeting been summoned and held.
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44. The President may summon a meeting of the Board, to be called an emergency meeting, to consider any matter the consideration of which by the Board should not, in his opinion, be delayed till the next monthly meeting.
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45. Any ten or more members of the Board may in writing addressed to the Honorary Secretary, requisition a meeting of tine Board to transact any business which shall be specified in such writing. On receipt of such writing, it shall be the duty of the Honorary Secretary to forthwith summon a meeting of the Board, and such meeting shall be called a special meeting of the Board.
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46. At least three days prior to every meeting of the Board, except an emergency meeting, every member of the Board shall be notified in writing of the time, venue and agenda of such meeting.
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47. The quorum for an emergency meeting shall be five members and the quorum for any other meeting of the Board shall be eleven members.
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48. No resolution shall be proposed at any meeting of the Board, unless at least seven days prior notice of such resolution together with a copy of the text has been received by the Honorary Secretary,
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49. Notwithstanding the provisions of the preceding rule 48, the person presiding at any meeting of the Board may during the course of the meeting grant permission to move any resolution which does not comply with the preceding rule 48, on grounds of importance or urgency of the subject of such resolution, and such resolution shall thereupon be moved.
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50. At every meeting of the Board and at every general meeting of the Association, the person presiding shall have power to give a ruling on either the manner of conducting such meeting, or the interpretation of the rules of the Association or the propriety of transacting any particular item of business at such meeting, and such ruling shall bind all members of the Association.
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51. The President shall preside at every meeting at which he is present. In his absence a Vice-President shall preside. A member elected by the house may preside in the absence of the President and all Vice-Presidents.
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IX. MISCELLANEOUS
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52. The year of the Association shall commence on the first day of July each year and end on the thirtieth day of June in the following year.
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53. The Association shall have power to make fresh rules, and to add to, vary, amend or cancel any rule already in force, by a resolution passed by a majority of not less than two-thirds of the members present and voting at a general meeting of the Association, provided that twenty-eight days notice shall be given of such meeting. 54. Every member of the Association who has made an application in that behalf to the Honorary Secretary at least seven days prior, may inspect any of the books, files or correspondence of the Association, which shall have been specified in such application.
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