Galaha Bhaddrawathie National Bhikkhu Care Centre Trust Act 2023

This Act may be cited as the Galaha Bhaddrawathie

National Bhikkhu Care Centre Trust Act, No. 31 of 2023.

There shall be established a Trust to be called the

The Trust shall, by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and by that name may sue and be sued with full power and authority to have, and use a common seal and to alter the same.

The object of the Trust shall be to facilitate the accommodation and caring for sick and helpless Bhikkhus in the Galaha Bhaddrawathie National Bhikkhu Care Centre

(hereinafter referred to as the “Bhikkhu Care Centre”).

The functions of the Trust are –

to maintain the Bhikkhu Care Centre for

to provide the Bhikkhus residing in the

to organize and conduct meditation programmes and other Buddhist programmes for the Bhikkhus residing in the Bhikkhu Care

to maintain a library in order to facilitate improving and refreshing the knowledge of

The administration, management and control of the affairs of the Trust shall be vested in a Board of

The Board shall consist of–

Any person who has become a member of the Board in his ex-offficio capacity shall hold office as long as he holds such office by virtue of which he is a member of the Board.

Any appointed member of the Board shall unless a vacancy arises in his post by resignation, death or removal from office, hold office for three years from the date of appointment. Any member whose term is due to end otherwise than by removal shall be eligible for reappointment. Such reappointment shall be for not more than one further term, whether consecutive or not.

In the event of the vacation of office by death, resignation or removal of any appointed member, the Minister shall, subject to paragraph (b) of subsection (2), appoint another person to fill such vacancy and such person shall hold office for the un-expired period of the term of office of the member whom he succeeds.

Any appointed member who is temporarily unable to discharge his duties and functions as a member of the Board due to ill health, infirmity, being absent from Sri Lanka or for other reason for not less than three months shall inform that to the Minister in writing. In such event the Minister shall having regard to the provisions of subsection (2), appoint another person to act in the place of such member.

Any person–

if such person is or becomes a Member of

if such person is under any law in force in

if such person is a person having been declared as an insolvent or a bankrupt person under any law in Sri Lanka or any other country and is an undischarged insolvent or bankrupt;

if such person is serving or has served a sentence of imprisonment imposed by any court in Sri Lanka or any other country, he shall be disqualified from being appointed or continue to be a member of the Board.

The Board shall subject to the provisions of this Act or any other written law, have the power–

to receive grants, gifts and donations, both movable and immovable in cash or in kind, whether from local or foreign sources:

to acquire or hold any property, movable or immovable, which may become vested in the Trust by this Act or by virtue of any purchase, gift, grant, testamentary disposition or otherwise and, for the purpose of this Act to sell, mortgage, lease, grant, convey, device, assign, exchange or otherwise dispose of any property to which the Trust may become entitled to;

to enter into and perform, either directly or through officers, employees and agents authorized in that behalf by the Board, all such contracts and agreements as may be necessary for the exercise, performance and discharge of the powers, duties and functions of the Trust; and

to open, operate and close bank accounts in any

The conditions and criteria for accommodating

Bhikkhus in the Bhikkhu Care Centre and caring for such

Bhikkhus shall be as prescribed by regulations.

The Trust shall be capable in law to take and hold 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 Trust for the purposes of this Act.

Galaha Bhaddrawathie National Bhikkhu

Meetings of the Board shall be held at least once in three months.

The Chairman shall, if present preside at every meeting of the Board. In the absence of the Chairman from any meeting of the Board, the members present at such meeting shall elect from among themselves a member to preside at such meeting.

The quorum for any meeting of the Board shall be eleven members.

If there is an equality of votes at any meeting, the

The Board may subject to the provisions of this Act regulate the procedure to be followed in regard to its meetings and the transaction of its business.

No act, decision or proceeding of the Board shall be deemed to be invalid by reason only of the existence of a vacancy among its members or any defect in the appointment of any member thereof.

The members of the Board may be paid such remuneration for attendance at meetings of the Board as may be determined by the Minister with the concurrence of the Minister assigned the subject of Finance.

There shall be an advisory committee consisting of the Mahanayake Theros of the Malwathu, Asgiri, Amarapura and Ramanna Chapters to advise the Board on matters relating to the Bhikkhu Care Centre.

There shall be established a Fund called the

There shall be paid into the Fund–

There shall be paid out of the Fund all such sums of money required to defray the expenditure incurred by the

The Trust may appoint such number of officers and employees as it may consider necessary for the efficient discharge of its functions.

The Trust may in respect of the officers and employees appointed under subsection (1) –

At the request of the Board, any officer in the public service may, with the consent of that officer and of the Public Service Commission be temporarily appointed to the staff of the Trust for such period as may be determined by the Board, or with like consent, be permanently appointed to such staff.

Where any officer in the public service is temporarily appointed to the staff of the Trust the provisions of subsection (2) of section 14 of the National Transport

Where any officer in the public service is permanently appointed to the staff of the Trust the provisions of subsection (3) of section 14 of the National Transport

The financial year of the Trust shall be the calendar year.

The Board shall cause proper books of accounts to be kept of the income and expenditure of the Trust.

The provisions of Article 154 of the Constitution relating to the audit of accounts of Public Corporations shall apply to the audit of accounts of the Trust.

The Board shall within six months of the end of each financial year submit to the Minister an annual report on the activities carried out by the Trust along with the audited accounts of the Trust for the year.

The Minister shall within three months from the date of receipt of the annual report, table such report along with the documents specified in subsection (1) in Parliament for its consideration.

The seal of the Board–

The Board shall maintain a register in respect of the instruments and documents to which the seal of the Board is affixed.

Any expense incurred by the Trust in any suit or prosecution brought by, or against the Trust before any court, shall be paid out of the moneys of the Fund and any cost recovered by the Trust in any such suit or prosecution shall be credited to the Fund.

Any expense incurred by any member of the Board or any officer or employee of the Trust in any suit or prosecution brought against him in any court in respect of any act which is done or purported to be done by him under this Act or on the direction of the Board shall, if the court holds that such act was done in good faith, be paid out of the Fund unless such expense is recovered by him in such suit or prosecution.

The Minister may in consultation with the

Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or such later date as may be specified in such regulations.

Every regulation made by the Minister shall within three months after its publication in the Gazette, be brought before Parliament for its approval. Every regulation which is not so approved by Parliament shall be deemed to be rescinded as from the date of such disapproval, but without prejudice to anything previously done thereunder.

Notice of the date on which any regulation is so disapproved shall be published in the Gazette.

The Board may make rules in respect of all matters authorized to be made by this Act.

Without prejudice to the generality of the provisions of subsection (1), rules may be made in respect of all or any of the following matters:–

All officers and servants of the Trust shall be deemed to be public servants within the meaning and for the purpose of the Penal Code (Chapter 19).

The Trust shall be deemed to be a Scheduled

Institution within the meaning of the Anti Corruption Act,

No. 9 of 2023 and the provisions of that Act shall be construed accordingly.

In this Act, unless the context otherwise requires–

“Bhikkhu” shall have the same meaning as assigned to it in the Buddhist Temporalities Ordinance (Chapter 318);

“Minister” means the Minister to whom the implementation of the provisions of this Act is assigned.

In the event of any inconsistency between the

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

Galaha Bhaddrawathie National Bhikkhu