5. Management of the affairs of the body corporate

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

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

(hereinafter referred to as the “Committee”) consisting of such number of office bearers as may be specified by the rules made under section 7.

(2)

(a)

The members of the Committee of Management of the Foundation holding office on the day immediately preceding the date of commencement of this Act shall, subject to the rules made under paragraph (b), function as an Interim

Committee of the body corporate until the first Committee is appointed or elected within the period specified in paragraph (d) and in the manner provided for by rules made under section 7.

(b)

Subject to the provisions of section 7, the Interim

Committee of the body corporate shall have the power to make rules for the interim administration of the body corporate and for election or appointment of the members of the first

Committee of the body corporate not inconsistent with the provisions of this Act or any other written law:

Provided that, the provisions of subsections (2) and (3) of section 7 shall mutatis mutandis apply to the rules made under subsection (2).

(c)

Any decision of the Interim Committee shall be taken by the majority of its members present at such meeting.

(d)

The first Committee of the body corporate shall be appointed or elected within one year of the date of commencement of this Act.

Dedigama Sri Maithri Pragnartha Bouddha

Educational Daham Sabhawa (Incorporation)

Act, No. 35 of 2024

(3)

(a)

Every office bearer of the Committee including the patrons and advisers, shall be appointed or elected for a period of three years and any such office bearer, patron or advisor shall be eligible for re-appointment or re-election after lapse of the said period of three years.

(b)

In the event of a vacancy occurring due to the death, resignation, incapacity or removal from office of an office bearer, the Committee shall having regard to the rules of the body corporate, elect or appoint a person to fill such vacancy.

(c)

The person elected or appointed under paragraph (b)

shall hold office only for the unexpired portion of the term of office of the member whom he succeeds.

Read on from s 6