Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya Of Sri Lanka (Incorporation)

Link to law: http://www.lawnet.lk/process.php?st=1994Y0V0C15A&hword=%27%27&path=2
Published: 1994

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Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya Of Sri Lanka (Incorporation)
Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya Of Sri Lanka (Incorporation)




AN ACT TO INCORPORATE THE BANDARAWELA SUWAMADU SUWASETHA SUWASEWA NIKETHANAYA OF SRI LANKA






Preamble.
WHEREAS an Institute called and known as the "Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya of Sri Lanka " as heretofore been established at Bandarawela for the purpose of effectually carrying out its objects and transacting all matters connected with the said institute according to the rules agreed to by its members :



AND WHEREAS the said Institute 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 the application :



BE it therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : "



[20th June

, 1994 ]













Short title.



1. This Act may be cited as the Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya of Sri Lanka (Incorporation) Act, No. 15 of 1994



Incorporation of the Bandarawela. Suwamadu Suwasetha Suwasewa Nikethanaya of Sri Lanka.



2. From and after the date of commencement of this Act, such and so many persons as now are members of the " Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya of Sri Lanka " (hereinafter referred to as the "Institute") 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 "Bandarawela Suwamadu Suwasetha Suwasewa Nikethanaya of Sri Lanka " 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 maintain and administer the Institute to teach the indigenous and ayurvedic systems of medicine ;



(b) to establish an ayurvedic hospital for medical treatment ;



(c) to hold examinations to select those who are qualified to study ayurveda ;



(d) to construct, maintain and equip the necessary buildings for the use of the Institute ;



(e) to promote self sufficiency in food and clothing, and non-violent harmonious living in Sri Lanka;



(f) to teach the living principles of Buddhism for the benefit of the public ;



(g) to initiate, promote and conduct, research into the efficacy of herbal remedies ;



(h) to conduct lectures, seminars, other educational programmes, and to publish information and educational martial with, a view to promoting its objects ;



(i) to utilize and harness nature and natural resources for medical purposes ;



(j) to establish and maintain herbal plants nurseries ;



(k) to establish herbaria ;



(l) to open laboratories for the manufacture of Ayurvedic drugs and to open sales units for the distribution and sale of ayurvedic drugs ;



(m) to promote the importation and exportation of ayurvedic drugs;



(n) to award foreign scholarships to local and foreign students;



(o) to provide university level education facilities for the study of various languages and subjects ;



(p) to establish and maintain affiliated institutions ;



(q) to aid and assist any person, to engage himself in any industry, trade or import export business or to establish and maintain any agricultural, industrial or commercial ventures and to provide programmes to train persons in technical skills;



(r) to give aid by way of scholarships, or cash or otherwise, to volunteers and other persons, engaged in the furtherance of the objects of the Corporation ;



(s) to provide and maintain libraries, to subscribe for and issue books, journals, souvenirs and periodicals ;



(t) to promote, organise and hold exhibitions, projects, lectures, seminars, symposia, workshops, classes debates, conferences tours and excursions to furtherance of its objects;



(u) to establish a research institute ayurvedic indigenous medicine;



(v) to co-operate and associate with other associations, societies or organisations, having objects similar to those of the Corporation ; and



(w) to establish and maintain institutions for the teaching of such arts and the provision of such vocational training as the cinema, drama, music, art and sculpture;



(x) to adopt methods of exercise and practices relating to beauty care physical health and physical fitness and to establish and maintain institutions for the conduct of clinics and health care through the indigenous system of medicine for such purposes :



(y) generally to do all such other things as may be necessary, conducive or incidental to the attainment of the aforesaid objects.



Fund of the Corporation.



4.





(1) The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gift, bequest, donation, subscription, contribution fees or grants for and on account of the Corporation shall be deposited to the credit of the Corporation in one or more banks as the Corporation shall determine.



(2) There shall be paid out of the fund all sums of money to defray any expenditure incurred by the Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act.



(3) The moneys and property of the Corporation wheresoever derived shall be applied solely towards the promotion of its objects.



Register of members.



5. The Committee of Management of the Corporation shall cause to kept a register of members in which the name of every person who on the day immediately preceding the day of commencement of this Act is a member of the Institute and every person thereafter duly admitted as a member of the Corporation.



General powers of the Corporation.



6. Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, perform and execute all such acts, matters and things whatsoever as are necessary, desirable or expedient for the promotion or furtherance of the objects of the Corporation or any one of them, including the power"





(a) to purchase, rent, lease and otherwise acquire lands or buildings which may be required for the purposes of the Corporation ;



(b) to borrow or raise money for the purposes of the Corporation on any security ;



(c) to make, draw, accept, discount, endorse, negotiate, buy, sell and issue bills of exchange, cheques, promissory notes and other negotiable instruments and to open, operate and maintain and close bank accounts in Sri Lanka or elsewhere ;



(d) to invest any funds not immediately required for the purposes of the Corporation in such manner as the Corporation may think fit;



(e) to solicit and receive subscriptions, grants, donations and gifts of all kinds ;



(f) to enter into such agreements or contracts as may be necessary for carrying out its objects;



(g) to undertake, accept, execute, perform and administer any lawful trusts and conditions affecting any real or personal property; and



(h) to appoint, employ, dismiss officers and servants of the Corporation, and to pay them such salaries, allowances and gratuities as it may determine.



Management of the affairs of the Corporation.



7.





(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 (hereinafter referred to as the "Committee") consisting of not less than five members including the Director-General, the Secretary, two Assistant Secretaries and the Treasurer.



(2) Notwithstanding anything to the contrary in sub section (1) of this section Mr. Munidasa Perera Madduma shall unless he resigns earlier be the Director-General of the Corporation, and shall be the Director-General for life, and he shall nominate a successor who shall unless he resigns earlier also hold office for life.



(3) The first Committee of Management of the Corporation shall consist of the members of the Committee of Management of the Institute holding office on the day preceding the date of commencement of this Act, and whose names are specified in the Schedule to this Act.



Rules of the Corporation.



8.





(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the members and by a majority of not less than two-third is of the members present and voting, thereat, to make rules, not inconsistent with the provisions of this Act, or any other written law, for all or any of the following matters : "





(a) classification of membership fees, payable by each class of members their admission, withdrawal, expulsion or resignation ;



(b) election of the Committee, resignation of. or vacation of, or removal from, office of office bearers and duties and conduct of the members of the Committee ;



(c) appointment, powers, duties, functions, and conduct of the various officers, agents and servants of the Corporation;



(d) the procedure to be observed at and the summoning of, and holding of, meetings of the Committee, Corporation or any sub-committee, filling of vacancies, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;



(e) the qualifications and disqualifications for membership in the Corporation ;



(f) the administration and management of the property of the Corporation; and



(g) generally for the management of the affairs of the Corporation and the accomplishment of its objects and dissolution of the Corporation.



(2) The rules of the Institute inforce 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 and may be amended, altered, added to or rescinded at a like meeting and in a like manner as a rule made under subsection (1) of this section.



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



Debts due by and payable to the institute.



9. All debts and liabilities of the Institute existing on the day preceding the date of commencement of this Act shall be paid and discharged by the Corporation hereby constituted, and all debts due to and, subscriptions and contributions payable to, the Institute on that day shall be paid to the Corporation for the purposes of this Act.



Accounts and audit.



10.





(1) The Committee shall cause proper accounts to be kept of all the moneys received and expended by the Corporation.



(2) The accounts of the Corporation shall be examined and audited at least once in every year and the correctness of Income and Expenditure Account and Balance sheet certified by the auditor or auditors appointed by the Committee.



How the seal of the Corporation affixed.



11. The seal of the Corporation shall not be axed 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 person as a witness.



Corporation may hold and dispose of property movable and immovable.



12. The Corporation shall subject to the rules in force for the time being of the Corporation 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 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 full power to mortgage, sell, lease, exchange or otherwise dispose of the same.



Saving of the rights of the Republic and others.



13. 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 person, except such as are mentioned in this Act, and those claming by, from or under them.



Sinhala text to prevail in case of inconsistency.



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