Pelpola Vipass Foundation (Incorporation)

Link to law: http://www.lawnet.lk/process.php?st=1998Y0V0C16A&hword=%27%27&path=2
Published: 1998

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Pelpola Vipassi Foundation (Incorporation)
Pelpola Vipassi Foundation (Incorporation)




AN ACT TO INCORPORATE PELPOLA VIPASSI FOUNDATION






Preamble.
WHEREAS a Foundation called and known as the Pelpola Preamble. Vipassi Foundation has heretofore been formed in Colombo for Die purpose of effectually carrying out and transacting all matters and objects connected with the said Foundation according to the rules agreed to by its members :



AND Whereas the said Foundation 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 :-



[8th April

, 1998 ]













Short title.



1. This Act may be cited as the Pelpola Vipassi Foundation (Incorporation) Act, No.16 of 1998.



Incorporation of the Pelpola Vipassi Foundation



2. From and after the date of commencement of this Act, such and so many persons as now are members Vipassi Foundation (hereinafter referred to as "the Foundation") or shall 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 Pelpola Vipassi Foundation" 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 for which the Corporation is constituted are hereby declared to be :"





(a) to propagate Buddhist doctrine, Buddhist, philosophy, Buddhist Culture and Biddhist civilisation ;



(b) to promote universal brotherhood amongst ail peoples of the world ;



(c) to assist in the promotion of racial, religious and communal harmony ;



(d) to establish, maintain and manage, schools, educational institutions and colleges for the purposes, of religious instruction and to grant loans, endowments, scholarships and other assistance to deserving students in Sri lanka and abroad ;



(e) to encourage, spiritual, philosophical, cultural and religious education, and to train students and others interested to lead a life dedicated for the service of mankind



(f) to provide financial and other assistance to persons engaged in propagating Buddhism ;



(g) to construct, maintain and administer, Pilgrims Rests, children parks, playgrounds, sports training centres, orphanages, clinics, hospitals, diagnostic centres and community halls, and to extend medical relief and aid, in any manner, to the needy ;



(h) to arrange, organise, hold and promote, exhibitions, lectures, seminars, symposia, workshops, classes, debates, conferences, tours, excursions and other activities for the furtherance of the objects of the Corporation ;



(i) to provide and maintain libraries and other services, to subscribe to, print, publish, sell, and issue, books, journals, souvenirs, periodicals and newspapers for the carrying out the objects of the Corporation ;



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



(k) to co-operate with other organisations, both local and foreign, having objects similar to those of the Corporation and to work for the furtherance of peace and unity amongst the peoples of the world ; and



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



Powers of the Corporation.



4, The Corporation shall, subject to the provisions of this Act and 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 achieving 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 ; and



(e) to enter into or perform, either directly or through its officers or servants or agents authorized in that behalf by the Corporation, all such contracts and agreements as may be necessary, for carrying on the objects of the Corporation.



Management of the affairs of the Corporation,



5.





(1) It shall be lawful for the Trustee-President of the Corporation, who shall be appointed or elected in accordance with the provisions of this Act and the rules inforce for the time being of the Corporation, to exercise the powers of the Corporation, and to perform its functions and duties.



(2) Notwithstanding any thing contained in subsection (1) of this section, Venerable Pelpola Vipassi Thero, the founder president of the Foundation shall be the first Trustee-President of the Corporation.



Corporation may hold property movable and immovable.



6. Subject to the provisions of this Act, and any other written law, Corporation shall he able and capable in law. to take and hold any properly, movable or immovable, which may become vested in it by virtue of" any purchase, grant, gilt, testamentary disposition or otherwise, and all such properly shall be held by the Corporation for the purposes of this Act., and subject to the vales in force For the time being of the Corporation, with lull power to sell, mortgage, lease, exchange or otherwise dispose of the same.



Rules of the to 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 rules not 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 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 Trustee-President of the Corporation. Such rules when made may, at a like meeting and in like manner he altered, added, to, amended or rescinded.



(2) The Rules of the Foundation 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 the rules of the Corporation made under this section and may be altered, added to, amended, rescinded or replaced by rules made under this Act.



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



Debts due by and payable to the Foundation.



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 and all debts due to, a subscriptions and contributions payable to, the Foundation that 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 be kept in the custody of the Trustee-President of the Corporation and shall not be affixed to any instrument whatsoever, except in the presence of such Trustee-President and of such number of persons as may be provided for in the rules in force for the time being of the Corporation, who shall sign their names to the instruments in token of their presence, and such signing shall be independent of the signing of any such person as a witness.



Saving of the rights of the republic and others.



10. Nothing in this Act contained shall prejudice or effect 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.



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