Elpitiya Viharamabadevi Piriven Viharastha Sanwardhana Sabhawa (Incorporation)
Elpitiya Viharamabadevi Piriven Viharastha Sanwardhana Sabhawa (Incorporation)
AN ACT TO INCORPORATE THE ELPITIYA VIHARAMAHADEVI PIRIVEN VIHARASTHA SANWARDHANA SABHAWA
WHEREAS a Sabhawa called and known as the " Elpitiya Viharamahadevi Priven Viharastha Sanwardhana Sabhawa " has heretofore been formed at Viharamahadevi Privena, Elpitiya for the purpose of effectually carrying out and transacting all matters connected with the said Sabhawa according to the rules agreed to by its members :
AND whereas the said Sabhawa has heretofore successfully carried out and transacted the several objects and matters for which it was formed and has applied to be incorporated and now it will be for the public advantage to give the application :
BE it therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows : "
, 1994 ]
1. This Act may be cited as the Elpitiya Viharamahadevi Piriven Viharastha Sanwardhana Sabhawa (Incorporation) Act, No. 18 of 1994.
Incorporation of the Elpitiya Viharamahadevi Priven Viharastha Sanwardhana Sabhawa.
2. From and after the date of commencement of this Act, such and so many persons as now are members of the Elpitiya Viharamahadevi Priven Viharastha Sanwardhana Sabhawa (hereinafter referred to as the " Sabhawa ") 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 " Elpitiya Viharamahadevi Piriven Viharastha Sanwardhana Sabhawa" and by that name, may sue and be sued in all Courts with full power and authority to have and to 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 the buildings of the Elpitiya, Viharamahadevi Pirivena and to construct and maintain any new buildings as and when necessary ;
(b) to conduct activities for the promotion of religious fervour among buddhists;
(c) to maintain other temples and pirivena, affiliated to the Elpitiya Viharamahadevi Pirivena ;
(d) to establish and maintain, educational institutions including pirivena, to promote spiritual development and for the purpose of propagating the teachings of the Buddha;
(e) to impart knowledge of the Dhamma and to promote the practice of dana, seela and bhavana by buddhists;
(f) to train youth, to obtain employment or to engage in self-employment;
(g) to hold seminars, workshops, conferences and orientation courses for youth relating to mental health, personality development, national integration, and world peace, with a buddhist perspective based on wisdom and compassion;
(h) to set up a library consisting of books, research reports, periodicals, other documents, audio-visual aids, films and cassettes on Buddhism;
(i) to help the destitute ;
(j) to provide moral guidance to children, youth and adults and to provide assistance to students to enable them to meet their needs;
(k) to ordain youth with suitable qualifications and religious devotion and to provide them with the four requisites;
(l) to establish monasteries and forest hermitages and to provide facilities necessary for meditation ;
(m) to provide welfare facilities for the disabled ;
(n) to promote religious, racial and social harmony amongst all the communities ;
(o) to maintain friendly relations with other Buddhist organisations, in and outside Sri Lanka ;
(p) to provide the basic skills that are necessary to enable youth to obtain employment;
(q) to open a hospital for the sick monks and to provide medical facilities to all the monks leading a monastic life;
(r) to function as a documentation Centre for peace oriented study groups, meditation groups, mass media groups and action groups, and to provide for the exchange or information and the sharing of experiences ;
(s) to make comparative study of religious philosophies and of the Buddhist Philosophy of education and other modern philosophies of education, for the purpose of evolving a theory of education relevant to the contemporary society;
(t) to work in collaboration with the World Fellowship of Buddhists and other religious and secular international organizations, whether governmental or non governmental, for the promotion of world peace;
(u) to do all other acts and things as are or may be. necessary for or conducive or incidental to, the attainment of the above objects.
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 execute all such acts, matters and things whatsoever, as are necessary or desirable or the promotion or 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 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.
(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Committee of Management consisting of the Director-General Vice Presidents, the Honorary Secretary, the Assistant Secretary and the Honorary Treasurer and not less than six other members as may be provided for in these rules and elected in accordance therewith.
(2) Notwithstanding anything to the contrary in subsection (1) of this section the Weliwitiye Seevali Thero Chief Incumbunt of Elpitiya Viharamahadevi Viharaya shall be the Director-General of the Corporation, and shall be unless he resigns earlier 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 Sabhawa 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.
(1) It shall be lawful for the Corporation, from 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 other written law, for all or any of the following: "
(a) the classification of membership and the admission, withdrawal or expulsion of members ;
(b) the election of the office-bearers, the resignation or vacation of, or removal from office of, office-bearers. and their powers, conduct and duties.
(c) the election of the members of the Committee of Management, and its powers, conduct and duties ;
(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;
(e) the procedure to be observed at, and the summoning and holding of, meetings of the Corporation and the Committee of Management, the times, places notices and agenda of such meetings, 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 made by the Corporation may be amended, altered, added to or rescinded at a like meeting and in like manner as a rule made under sub-section (1).
(3) The rules of the Sabhawa in force 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 other written law, be deemed to be rules made under this section.
(4) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.
Debt due by and payable to the Sabhawa.
7. All debts and liabilities of the Sabhawa 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 Sabhawa on that day shall be paid to the Corporation for the purposes of this Act.
Seal of the Corporation.
8. The seal of the Corporation shall be in the custody of the Secretary and may be altered in such manner as may be determined by the Committee of Management. The seal shall not be affixed to any instrument whatsoever, except with the sanction of the Committee of Management and in the presence of two members of the Committee of Management who shall sign the instrument in token of their presence. Such signing shall be independent of the signing of any person as a witness.
Corporation may hold and dispose of property movable and immovable.
9. 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 full power to, sell. mortgage, lease, exchange or otherwise dispose of the same.
Saving of the rights of the Republic and others.
10. 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.
11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.