International Shanthee Dharma Organisation (Incorporation)

Link to law: http://www.lawnet.lk/process.php?st=1999Y0V0C43A&hword=%27%27&path=2
Published: 1999

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International Shanthee Dharma Organisation (Incorporation)
International Shanthee Dharma Organisation (Incorporation)




AN ACT TO INCORPORATE THE INTERNATIONAL SHANTHEE DHARMA ORGANISATION






Preamble.
WHEREAS an Organisation called known as the "International Shanthee Dharma Organisation has heretofore been formed in Colombo for the purpose of effectually carrying out and transacting all matters connected with the said Organisation, according to the rules agreed to by its members :



AND whereas the said organisation 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 :-



[30th November

, 1999 ]













Short title.



1. The act may be cited as the international shanthee dharma organisation (incorporation) Act No. 43 of 1999.



Incorporation of the international shanthee dharma organisation.



2. From and after the date of commencement of this act such and so many persons as now are members of the international shanthee dharma organisation there in after referred to as "the organisation" 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 "International Shanthee Dharma Organisation" 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 discretion.



General objects of the Corporation.



3. The General objects of the Corporation shall be-





(a) to promote universal brotherhood amongst all section of the people:



(b) to assist in the promotion of racial, religious, and communal harmony and the eradication of social disabilities;



(c) to co-operate with local and foreign organisations in the pursuit of peace and harmony among the people ;



(d) to promote and encourage the study of all religions and all system of philosophy ;



(e) to establish, maintain control and manage, hospitals, clinics, diagnostic centres, community halls, and to extend medical relief and aid in any manner to the needy ;



(f) to train students and other persons for a life of dedication and service to mankind and for the propagations of culture;



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



(h) to construct, maintain and administer, orphanages, children's parks, cultural centres, schools and colleges ;



(i) to give aid, by way of scholarships or awards or aid in cash or in kind, to monks, volunteers and other persons engaged in the propagation of the objects of the Corporation ;



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



(k) to establish and maintain libraries, to subscribe for and issue, books, journals, souvenirs and periodicals and such other services as may be deemed desirable for carrying out the objects of the Corporation :



(l) to institute and establish, scholarships, awards, grants and prizes, and to encourage spiritual, philosophical and cultural studies ;



(m) to co-operate and liaise with other associations, societies or organisations having objects similar to those of the Corporation :



(n) to send delegates to religious, philosophical, cultural or peace conferences in Sri Lanka or abroad ;



(o) generally to do such other things as are or may be necessary, conducive or incidental, to the attainment of the objects of the Corporation.



Power of the Corporation.



4. The Corporation shall, subject to the provisions of this Act and of any other written law, have the power"





(a) to appoint, remunerate and exercise disciplinary control over, such officers and servants as may be necessary for the purposes of the Corporation ;



(b) to receive or collect any aid, grant or gift in cash or in kind from any person, or body of persons, corporate or otherwise ;



(c) to establish branch organisations of the Corporation in foreign countries for the purpose of attaining all or any of the objects of the Corporation ;



(d) to borrow or raise money for the furtherance of the objects of the Corporation, and to execute any mortgage or bond to secure the payment of the money so borrowed or raised ;



(e) to enter into or perform, either directly or through its officers or servants or agents authorised in that behalf by the Corporation, all such contracts and agreements as may be necessary, for the exercise, discharge and performance of the powers, functions and duties of the Corporation, or for carrying on the affairs or for furthering the objects of the Corporation ;



(f) to do all such acts or things as may be necessary for the attainment of the objects set out in Section 3 of this Act.



Administration of 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 Board 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) Notwithstanding anything to the contrary in subsection (1) of this section, Venerable People Vipassi Thero, the founder of the Organisation shall be the president of the Corporation.



(3) The first Board of Management of the Corporation shall be the Board of Management of the Organisation holding office on the day preceding the date of commencement of this Act.



Corporation in hold property movable and immovable.



6. Subject to the provisions of this Act, the Corporation shall be able and capable in law to take 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, with power to sell, mortgage, lease, exchange or otherwise dispose of the same.



Rules of the Corporation.



7.





(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the members and by votes of at least two-thirds of the members present and voting, to make such rules, and inconsistent with the provisions of this Act, or any other written law, for the admission, withdrawal or expulsion of members, election of the office bearers and the Board of Management and otherwise generally, for the management of the affairs of the Corporation and the attainment of its objects including rules providing for the filling of any vacancy in the office of president of the Corporation, Such rules when made may, at a like meeting and in like manner be altered, added to, amended or rescinded.



(2) The rules of the Organisation in force on the 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 any other written law, be deemed to be the rules of the Corporation made under this section.



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



Debts due to and payable to the Corporation.



8. All debts and liabilities of the Foundation 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. subscriptions and contributions payable to, the Foundation on such day shall be paid to the Corporation for the purpose of this Act.



The Seal of the Corporation.



9.The Seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Chairman, the Secretary or the Treasurer who shall place their names to the instrument in taken of their presence and such signing shall be independent of the signing of any person as a witness.



Audit and accounts.



10.





(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 Accountant of Sri Lanka, or of any other Institute established by law. possesses a certificate to practice 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 practice as an Accountant issued by the Council of such Institute.



Saving of the rights of the Republic and others.



11. 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 case of inconsistency.



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