Sri Gangathilaka Maha Viharastha Sasanaraksaka Samithiya (Incorporation)

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Published: 2000

Sri Gangathilaka Maha Viharastha Sasanaraksaka Samithiya (Incorporation)
Sri Gangathilaka Maha Viharastha Sasanaraksaka Samithiya (Incorporation)




AN ACT TO INCORPORATE THE SRI GANGATHILAKA MAHA VIHARASTHA SASANARAKSAKA SAMITHJYA






Preamble.
WHEREAS an Association called and known as the ''Sri Gangathilaka Maha Viharastha Sasanaraksaka Samithiya'' has heretofore been established in Malpana, Kengalla 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 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 :-



[17th June

, 2000 ]













Short title.



1. This Act may be cited as the Sri Gangathilaka Maha Viharastha Sasanaraksaka Samithiya (Incorporation) Act, No. 3 of 2000.



Incorporation of the Sri Gangathilaka Maha viharastha Sasanaraksaka Samithiya.



2. From and after the date of commencement of this Act. such and so many persons as now are members of the Sri Gangathilaka Maha Viharastha Sasanaraksaka Samithiya (hereinafter referred to as the "Samithiya") or shall hereafter be admitted 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 Gangathilaka Maha Viharastha Sasanaraksaka 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 alter the same at its pleasure.



General objects of the Corporation.



3. The general objects for which the Corporation is Constituted are hereby declared to be-





(a) to construct and maintain buildings required for the Sri Gangathilaka Maha Viharaya ;



(b) to promote the religious education of the Buddhist laity ;



(c) to provide the resident bhikkus of the Sri Gangathilaka Maha Viharaya. with educational facilities and to help them in with their daily needs :



(d) to promote cultural activities, including ancient forms of art, in the village and the area in and around the Sri Gangathilaka Maha Viharaya ;



(e) to establish, equip and maintain a pre-school :



(f) to establish and maintain departments for oriental languages ;



(g) to establish and maintain a department for international languages such as English and French ;



(h) to engage in the dissemination of the Dhamma internationally ;



(i) to preserve and disseminate the Buddhist Philosophy and the Buddhist Way of life ;



(j) to establish friendly relations with other Buddhist organizations in Sri Lanka and abroad ;



(k) to conduct vocational training courses for youth in Sri Lanka ;



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



(m) to promote education, by establishing and maintaining pirivenas. schools and other educational institutions, and by granting scholarships ;



(n) to provide medical aid, food and housing, to the poor, the destitute and the sick :



(o) to establish and maintain, orphanages and homes for the aged and to establish social welfare centres ;



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



(q) to assist. financially or by granting scholarships or otherwise, voluntary workers and others who are engaged in the attainment of the objects of the Corporation ;



(r) 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 :



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



(t) to co-operate and associate, with other associations, societies or organizations having objects similar to those of the Corporation :



(u) to organize programmes for the study of ayurvedic and indigenous Medicine and to conduct courses of study leading to the award of diplomas and other educational qualifications :



(v) to act as an affiliated institution or a representative of any local or foreign technical or professional training institute carrying on educational activities ;



(w) to do all such other acts and things as are necessary, conducive or incidental, to the attainment of all or any of the objects of the Corporation.



General powers of the Corporation.



4. Subject to the provisions of this Act or any other written law, the Corporation shall have the power to do, perform and excute, 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 hunk 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 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 President, the Secretary, the Assistant Secretary, the Treasurer and not less than six other members elected in accordance with such rules.



(2) Notwithstanding anything to the contrary in subsection (1) on this section Ven. Panvila Uttarananda thero shall be the President of the Corporation for life and he shall nominate his successor to be President of the Corporation after him. Such succeding President shall also hold the office of President for life.



(3) The first Committee of Management of the Corporation shall consist of the members of the Committee of Management of the Samithiya, holding office on the day immediately 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 any other written law. on 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 from, or vacation of, or removal from, office of. office-bearers and their powers, conduct and duties;



(c) the election of the members of the Board of Management and its powers, conduct and duties and the terms of office of members of the Board of Management;



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



(e) the procedure to be observed for the summoning and holding, of meetings of the Board of Management. the times place, notices and agenda of such meeting 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 by made the Corporation may be amended, altered, added to or rescinded at a like meeting and in like manner as a rule made under subsection (1).



(3) The members of the Corporation shall be subject to the rules of the Corporation.



Fund of the Corporation.



7.





(1)The Corporation shall have its own fund and all monies received by way of gifts, testamentary dispositions grants. donations, contributions or Ices shall be deposited in the name of the Corporation in one or more banks as may be decided by the Committee of Management.



(2) The Corporation may establish a depreciation hind or a sinking fund for the purpose of rehabilitation, development or improvement of the property of the Corporation.



(3) All expenses borne by the Corporation in the exercise and discharge of the powers and functions of the Corporation shall be paid out of the fund.



Debts due by payable to the Samithiya.



8. All debts and liabilities of the Samithiya existing on the day preceding the date of commencement of this Act. shall he paid by the Corporation, and all debts due to, subscriptions and contributions payable to, the Samithiya on that day shall be paid to the Corporation for the purposes of this Act.



Corporation in hold properly movable or immovable.



9. The Corporation shall he able and capable in laws, to acquire and hold, and property. mo\ able or immovable, which may become vested in ii 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 she time being of the Corporation and it shall have full power to sell, mortgage. lease exchange or otherwise dispose of the same.



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 President and the Secretary or the 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.



Audit and accounts.



11.





(a) The financial year of the Corporation shall be the calendar year.



(b) The Corporation shall cause proper accounts to be kept of its income and expenditure, assets and liabilities and all other transactions of the Corporation.



(c) The accounts of the Corporation shall be audited by a qualified auditor.



In this section, "qualified auditor" means-





(i) an individual who being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such institute ; or



(ii) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka or of any other Institute established by law possesses a certificate to practise as an Accountant issued by the Council of such Institute.



Saving of the rights of the Republic and others



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, them.



Sinhala text to prevail incase of inconsistency.



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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