Dedigama Sri Maithri Pragnartha Bouddha Educational Daham Sabhawa (Incorporation) Act 2024

This Act may be cited as the Dedigama Sri Maithri

Pragnartha Bouddha Educational Daham Sabhawa

(Incorporation) Act, No. 35 of 2024.

From and after the date of commencement of this

The body corporate shall be deemed to be a Voluntary

Subject to the provisions of any other written law the general objects for which the body corporate is constituted are hereby declared to be–

to promote and guide the Buddhist adherence to practice “prathipathi pooja” to reach Nibbana;

to publish books relating to Buddhism for the enhancement and development of religious knowledge on Seela, Samadhi and Pragnya of the

to safeguard and practice the “Kathikavatha” of

to take steps to enhance the knowledge of newly ordained monks and lay Buddhists attached to the

to distribute the four requisites received by the

to facilitate activities ralating to Buddhism for the usage of Bhikku, Bhikkuni, Upasaka and Upasika in order to achieve the goals of Sri Maithri

to work in compliance with the constitution of the

to conduct sil and meditation programmes on Poya days and conduct Damma discussions on every week to guide Buddhist adherence to reach Nibbana and to abstain from sinful acts by giving prominence to Principles of Buddhism;

to take steps to protect the books, videos and

to set up new Sri Smabodhi Aranya Senasana in areas where groups of Buddhist adherence who practice Buddhism live and who wish to contribute for such Sri Sambodhi Aranya Senasana.

The objects of the body corporate shall be carried out subject to necessary approvals under applicable written laws in such manner so as not to create any conflict between the work of the body corporate and any work being carried out simultaneously by any Ministry or Department of the

Government or of any Provincial Council, Local Authority or public Corporation.

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Dedigama Sri Maithri Pragnartha Bouddha

Educational Daham Sabhawa (Incorporation)

Act, No. 35 of 2024

Subject to the provisions of this Act, any other written law and the rules made under section 7, the management and administration of the affairs of the body corporate shall be carried out by a Committee of Management

Subject to the provisions of this Act and any other written law, the body corporate shall have the power to do, perform and execute the acts and matters as are necessary or desirable for the promotion or attainment of the objects of the body corporate or any one of them, including the following power–

to purchase, rent, construct, renovate and otherwise obtain lands or buildings which may be required for the purposes of the body corporate and to deal with or dispose of the same as determined by the

to enter into and perform or carry out, whether directly or through any officer or agent authorized in that behalf by the body corporate, all such contracts or agreements as may be necessary for the attainment of the objects or the exercise of the powers of the body corporate;

to borrow or raise funds with or without securities and to receive grants, gifts or donations in cash or kind:

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, maintain and close accounts in any bank;

to invest any funds that are not immediately required for the purposes of the body corporate, in such manner as the Committee may determine;

to undertake, accept, execute, perform and administer any lawful trust having objects similar to the body corporate or any real or personal property with a view to promoting the objects of the body corporate;

to appoint, employ, dismiss or terminate the services of officers and other employees of the body corporate and exercise disciplinary control over them and to pay them such salaries, allowances and gratuities, as may be determined by the body corporate;

to organize, lectures, seminars and conferences with a view to promoting the objects of the body corporate;

to liaise and co-ordinate with other local and foreign institutions having similar objects to that of the body corporate;

to train personnel in Sri Lanka or abroad with a view to promoting the objects of the body corporate for the purposes of the body corporate; and

to do all other acts and things authorized by this

It shall be lawful for the body corporate, from time to time, at any general meeting of the body corporate 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 all or any of the following matters:—

Any rule made by the body corporate may be amended, altered, added to or rescinded at a like meeting and in like manner, as a rule made under subsection (1) of this section.

The rules made under subsection (1), shall be published in the Gazette and shall come into effect on the date thereof.

Every rule made by the body corporate within three months after its publication in the Gazette, be brought before

Notification of the date on which any such rule is deemed to be rescinded under subsection (4) shall be published in the Gazette.

The members of the body corporate shall at all times be subject to the rules of the body corporate.

The Committee shall maintain a register of members in which name, address and other essential details of the members shall be inscribed.

The body corporate shall have its own Fund.

All moneys received by way of gifts, bequests, donations, subscriptions, contributions, fees or grants for and on account of the body corporate shall be deposited in one or more banks approved by the Committee to the credit of the body corporate subject to the provisions of section 6(c).

There shall be paid out of the Fund, all such sums of money as are required to defray any expenditure incurred by the body corporate in the exercise, performance and discharge of its powers, duties and functions under this Act.

The financial year of the body corporate shall be the calendar year.

The body corporate shall cause proper accounts to be kept of its income and expenditure, assets and liabilities and all other transactions of the body corporate.

The accounts of the body corporate shall be audited annually by a qualified auditor appointed by Auditor General in terms of provisions of Article 154 of the Constitution and be certified by such qualified Auditor.

For the purposes of this section “a qualified auditor”

The Committee shall prepare a report of the activities of the body corporate for each financial year and submit such report together with the audited statement of accounts and a list of all assets and liabilities of the body corporate certified by a qualified Auditor referred to in section 10 to the Secretary of the Ministry of the Minister assigned the subject of Buddhasasana and to the Registrar of Voluntary Social Services Organizations appointed under the Voluntary Social Services Organizations (Registration and Supervision) Act, No. 31 of 1980 before the expiration of six months of the year succeeding the year to which such report relates.

A separate statement of accounts relating to the foreign and local moneys received by the body corporate, the details of all contracts and agreements entered into by the body corporate and the rules of the body corporate made under section 7 during the financial year shall be attached to the report referred to in subsection (1).

All debts and liabilities of the Foundation existing on the day immediately preceding the date of commencement of this Act, shall be paid by the body corporate hereby constituted and all debts due to and subscriptions and contributions payable to the Foundation on that day shall be paid to the body corporate for the purposes of this Act.

Subject to the provisions of this Act and any other written law, the body corporate 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 body corporate for the purpose of this Act and subject to the rules of the body corporate made under section 7, with power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Subject to the provisions of this Act and any other written law the moneys and property of the body corporate however derived shall be applied solely towards the promotion of the objects of the body corporate and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or profit or otherwise howsoever to the members of the body corporate.

The Seal of the body corporate shall not be affixed to any instrument whatsoever, except in the presence of two members of the Committee 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.

The Seal of the body corporate shall be in the custody of an office bearer of the Committee as may be decided by the Committee.

If upon the dissolution of the body corporate there remains after the satisfaction of all its debts and liabilities any property whatsoever, such property shall not be distributed among the members of the body corporate, but shall be given or transferred to any other appropriate institution having objects similar to those of the body corporate, and which is by the rules thereof, prohibited from distributing any income or property among its members.

For the purposes of subsection (1) the appropriate institution to which the property remains after the satisfaction of all the debts and liabilities of the body corporate to be given or transferred shall be determined by the members of the body corporate with the approval of the Registrar of

Nothing in this Act contained shall prejudice or affect the rights of the Republic or of any body politic or corporate.

In this Act, unless the context otherwise requires–

“Bank” means a licensed commercial bank under the provisions of Banking Act, No. 30 of 1988;

“Kathikawatha of Dedigama Sri Maithri Pragnartha thero” means a set of principals and disciplines preached by Venerable Sri Maithri Pragnartha thero

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Dedigama Sri Maithri Pragnartha Bouddha

Educational Daham Sabhawa (Incorporation)

Act, No. 35 of 2024

to the Buddhist adherence attached to the

Sri Maithri Pragnartha Bouddha Educational Daham

Sabhawa in order to lead them for a disciplined life with the ultimate goal of attaining the supreme bliss of Nirvana, based on Dhamma preaching’s of Lord

Buddha;

“Local Authority” means a Municipal Council, Urban

Council or a Pradeshiya Sabha and any authority created or established by or under any law to exercise, perform and discharge powers, duties and functions corresponding or similar to the powers, duties and functions exercised, performed and discharged by any such Council or Sabha;

“public corporation” means any Corporation, board or other body which was or is established by or under any written law other than the Companies

Act, No. 07 of 2007, with funds or capital wholly or partly provided by the Government by way of grant, loan or otherwise; and

“written law” means any law and subordinate legislation including statutes made by a Provincial Council,

Orders, Proclamations, Rules, By-Laws and

Regulations made or issued by any body or person having power or authority under any law to make or issue the same.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

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Dedigama Sri Maithri Pragnartha Bouddha

Educational Daham Sabhawa (Incorporation)

Act, No. 35 of 2024