Mahanuwara Bauddha Vidya Peetaya (Incorporation)
Mahanuwara Bauddha Vidya Peetaya (Incorporation)
AN ACT TO INCORPORATE THE MAHANUWARA BAUDDHA VlDYA PEETAYA
WHEREAS a centre called and known as the "Mahanuwara Bauddha Vidya Peetaya" has heretofore been established at Gurudeniya,Tennakumbura, Kandy for the purpose of effectively carrying out and transacting all matters connected with the said Centre, according to the rules agreed to, by its members;
AND WHEREAS the said Centre 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 is now desirable and expedient fiat the said Centre should be incorporated ;
BE it therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-
, 1999 ]
1. This Act may be cited as the Mahanuwara Bauddha Vidya Peetaya (Incorporation) Act, No. 23 of 1999.
Incorporation of the Mahanuwara Bauddha Vidya Peetaya.
2. From and after the date of commencement of this Act, such and so many persons as now are members of the Mahanuwara Bauddha Vidya Peetaya (hereinafter referred to as "the Bauddha Vidya Peetaya") or shall hereafter be admitted, members of the Corporation hereby constituted, shall be and become a body corporate with perpetual succession, under the name and style of the "Mahanuwara Bauddha vidya Peetaya" (hereinafter referred to as "the Corporation") and by that name, may sue and be sued 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 foster and promote education by establishing and maintaining "Mahanuwara Bauddha Vidya Peetaya", Pirivena training institutes of bhikkus, schools, and Educational institutions and by granting scholarships;
(b) to preserve and disseminate the Theravadhi Buddhist philosophy and way of life;
(c) to maintain friendly relations with other Buddhist organisations in and outside Sri Lanka ;
(d) to establish and maintain a department for oriental languages ;
(e) to establish and maintain a department for international languages such us English, French ;
(f) to engage in the dissemination of the Dhamma internationally ;
(g) to conduct vocational and educational courses for youths in Sri Lanka ;
(h) to train students in small industries and to help them financially or otherwise to establish themselves as useful citizens ;
(i) to engage in any industry, trade or import, and export business and to promote and carry on any agricultural, industrial and commercial enterprise, to provide aid and assistance to any person for such enterprises, to conduct (raining programmes and to organize services and propaganda campaigns, with a view to providing the public with technological expertise ;
(j) to give aid by way of scholarships, or cash or otherwise, to monks, volunteers and other persons, engaged in the furtherance of the objects of the Corporation ;
(k) to provide 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 ;
(l) to promote, arrange, organise and hold, exhibitions, lectures, seminars simposia, workshops, classes debates, conferences, tours, excursions or other activities in furtherance of the objects of the Corporation :
(m) to co-operate and associate wish other associations, societies or organisations, having objects similar to those of the Corporation ;
(n) to provide higher educational diplomas and other educational programmes and courses of study in ayurveda and indigenous medicine ;
(o) to act as an agent of any national or foreign technical or vocational training institution or affiliate institution or organization carrying on educational activities ;
(p) to do all other acts and things as are or may be necessary conducive, or incidental, to, the attainment of the above objects.
General Powers of the Corporation.
4. Subject to the provisions of this Act, and other written law, the Corporation shall have the power to do. perform execute all such acts, matters and things whatsoever, 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 for the purpose of carrying out of the objects of the Corporation.
Management of the affairs of the Corporation.
(1) The affairs of the Corporation shall, subject to the other provisions of this Act and the rules in force for the time the affairs of the being of the Corporation, be administered by a Board of Directors consisting of the Director-General, Deputy-Director -General and three Assistant Director-Generals the Honorary Secretary. Assistant Secretary and the Honorary Treasurer and not less than ten other members to be elected in accordance with the rules, in force for the time being, of the Corporation.
(2) Notwithstanding anything to the contrary in subsection (1) of this section the Venerable Theripehe Sri Dhammananda Thero, shall be the Director-General of the Corporation for life and he shall nominate his successor to be Director-General of the Corporation after him. Such succeeding Director- General shall also hold the office of Director-General for life.
(3) The first Board of Directors of the Corporation shall consist of the members of the Committee of Management of the Bauddha Vidya Peetaya holding office on the day preceding the date of commencement of this Act, and whose names are specified in the First Schedule to this Act.
Rules of the Corporation.
(1) It shall be lawful for the Corporation, from time to time, at an Annual General Meeting or at any General Meeting of the Corporation convened for the purpose with two weeks notice 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 the admission, withdrawal and expulsion of members of the Corporation, powers, conduct and duties of the office hearers and of the Committee of Management, the procedure to be observed in the transaction of business at meeting of the Corporation the conduct, duties and functions of the employees of the Corporation, and otherwise generally, for the management of the affairs of the Corporation, and the accomplishment of its objects. Such rules when made may, at a like meeting, and in like manner be altered, added to, amended or recinded.
(2) The members of the Corporation shall be subject to the rules in force for the time being of the Corporation.
Debts due by and payable to the bauddha Vidya Peetaya.
7. 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 and subscriptions and contributions payable to, the Centre 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.
8. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Director- General and 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 such person as a witness.
Fund of the Corporation.
(1) The Corporation shall have its own fund and all moneys received by way of gift, testamentary disposition. transfer, donation, contributions or fees shall be deposited in the name of the Corporation in one or more banks as may be determined by the Committee of Management.
(2) The Corporation may establish any depreciation fund, reserve or sinking fund for the purpose of rehabilitation, development and improvement of the property of the Corporation.
(3) All expenses incurred by the Corporation in exercising and discharging it's powers and functions shall be paid out of the Fund.
Corporation may hold property movable and immovable.
10. The Corporation shall be able and capable in law to take and hold any property movable or immovable and which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise, and alt 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 full power to mortgage, sell, lease, exchange or otherwise dispose of the same.
Savings 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 person, 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.