Skip to content
As enacted

Act of Parliament

Ramakrishna Sarada Mission (Lanka Branch) (Incorporation) Act 2012

Official English translation. The Sinhala text prevails.

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Ramakrishna Sarada

Mission (Lanka Branch) (Incorporation) Act, No. 1 of 2012.

s 2Incorporation of the Ramakrishna Sarada Mission (Lanka Branch)

From and after the date of commencement of this

Act, such and so many persons as now are members of the

“Ramakrishna Sarada Mission (Lanka Branch)” (hereinafter referred to as the “Society”) or shall hereafter be admitted 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 the “Ramakrishna Sarada Mission (Lanka Branch)” 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 at its pleasure.

Ramakrishna Sarada Mission (Lanka Branch)

s 3General objects of the Corporation

The general objects for which the Corporation is constituted are hereby declared to be—

(a)

to impart and promote the study of Hinduism and all its scriptures and the teaching of Sri Ramakrishna

Paramahamsa, Sri Sarada Devi and Swami

Vivekananda within the Hindu community;

(b)

to promote the study of comparative theology in its widest form and assist in bringing about the harmony of all religions;

(c)

to promote, encourage and assist the religious, educational, social and cultural advancement of

Hindu women and children;

(d)

to establish, maintain and manage religious and educational institutions, orphanages, laboratories, hospitals, dispensaries and other charitable institutions for the Hindu community;

(e)

to train the teachers who are in the Hindu religious institutions and carry on educational activities among the masses in all the branches of knowledge;

(f)

to publish through print or electronic media and distribute books, journals, periodicals and magazines which the Corporation may consider desirable for the promotion and advancement of its objects;

(g)

to conduct and sponsor conferences, lectures, seminars, workshops and group studies within or outside Sri Lanka for Hindu religious personnel for the purpose of achieving the objects of the

Corporation; and

(h)

to collaborate for the betterment of the Hindu

Community with any other institutions or organizations, whether foreign or local, having objects similar to those of the Corporation.

Ramakrishna Sarada Mission (Lanka Branch)

(1)

The affairs of the Corporation shall, subjects to the rules of the Corporation made under section 6, be administered by a Executive Committee (hereinafter referred to as the “Committee”) consisting of the President and

Secretary who shall be nominated by the Governing Body of the Ramakrishna Sarada Mission, Dakshineswar, Kolkata,

Vice President and other office bearers elected or appointed in accordance with the rules of the Corporation made under section 6.

(2)

The person holding the post of the President for the time being of the Ramakrishna Sarada Mission,

Dakshineswar, Kolkata shall be the Patron of the Corporation.

(3)

The first Committee shall consist of the members of the Executive Committee holding office on the day immediately preceding the date of commencement of this

Act.

s 5General Powers of the Corporation

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 or desirable for the promotion or furtherance of the objects of the Corporation or anyone of them including the power to:—

(a)

acquire, hold, take or give on lease or hire, mortagage, pledge, sell, exchange or otherwise alienate, encumber or dispose of any immovable property for the purposes of the Corporation;

(b)

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

Corporation;

(c)

accept gifts, donations and bequests in cash or in kind;

Ramakrishna Sarada Mission (Lanka Branch)

(d)

invest its funds, and to maintain current, deposit and savings accounts in any bank;

(e)

borrow or invest money for the purposes of the

Corporation in such manner and upon such security as the Corporation may think fit; and

(f)

appoint, employ, transfer, exercise disciplinary control over and dismiss officers and servants required for the carrying out of the objects of the

Corporation.

(1)

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

(a)

the classification of membership and the admission, withdrawal or expulsion of members;

(b)

the election of office-bearers, the resignation from or vaction of, or removal from office of, office bearers and their powers and duties;

(c)

the election of members of the committee and its powers conduct and duties;

(d)

the powers, duties and functions of the various officers, agents and servants of the Corporation;

(e)

the procedure to be observed or the summoning and holding of meetings of the Corporation and the Committee, the time, places, notices and agenda of such meetings and the quorum therefor and the conduct of business thereat; and

(f)

the administration and management of the property of the Corporation and the costody of its funds.

Ramakrishna Sarada Mission (Lanka Branch)

(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 subsection (1).

(3)

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

(1)

The Corporation shall have its own fund and all moneys heretofore or hereafter received by way of gifts, testamentary dispositions, transfers, donations, subscriptions, contrbutions, fees or grants or any financial investment shall be deposited to the credit of the fund of the Corporation in one or more Banks as may be determined by the Committee.

(2)

All expenses incurred by the Corporation in exercising and discharging its powers and functions shall be paid out of the fund.

(1)

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

(2)

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

(3)

The accounts of the Corporation shall be audited by a qualified auditor appointed by the Committee.

(4)

In this section“qualified auditor” means-

(a)

an individual who being a member of the

Institute of Chartered Accountants of

Sri Lanka, or of any other institute established by law, possesses a certificate to practice as an accountant issued by such Institute; or

(b)

a firm of accountants each of the resident partners of which, being a member of the

Institute of Chartered Accountants of

Ramakrishna Sarada Mission (Lanka Branch)

Sri Lanka or of any other institute established by law, possesses a certificate to practice as an accountant issued by such Institute.

s 9Seal of the Corporation

The seal of the Corporation shall be in the custody of the Secretary and shall not be affixed to any instrument whatsoever except in the presence of the President and the

Secretay of the Corporation or such other perosn duly authorized by the Committee who shall sign their names on the instrument in token of their presence and such signing shall be independent of the signing of any person as a witness.

s 10Debts due by and payable to the Society

All debts and liabilities of the Society 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, subscriptions and contributions payable to the

Society on that day shall be paid to the Corporation for the purposes of this Act.

s 11Limitation of liability of members

No member of the Corporation shall, for the purpose of discharging the debts and liabilities of the Corporation or for any other purpose, be liable to make any contribution exceeding the amount of such membership fees as may be due from him to the Corporation.

s 12Application of moneys and property

The moneys and property of the Corporation however derived shall be applied solely towards the promotion of its objects as set forth herein and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, profit or otherwise howsoever to the members of the

Corporation.

s 13Corporation may hold property movable and immovable

Subject to the provisions of this Act, the Corporation shall be able and capable in law to acquire 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 the Corporation and

Ramakrishna Sarada Mission (Lanka Branch)

subject to the rules of the Corporation made under section 6, with full power to sell, mortgage, lease, exchange or otherwise dispose of, the same.

s 14Property remaining on dissolution

If upon the dissolution of the Corporation 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 Corporation but shall be given or transferred to some other association or associations having objects, similar to the objects of the

Corporation, and which is, or are by the rules thereof prohibited from distributing any income or profit among its or their members. Such association or associations shall be determined by the members of the Corporation at or immediately before the time of dissolution of the Corporation.

s 15Savings of the Rights of the Republic and others

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

(1)

All contracts, agreements, certificates or other instruments or documents whatsoever made, issued or executed prior to the date of commencement of this Act, by or in favour of the Society shall be deemed from and after the date of commencement of this Act, to be and to have been made, issued or executed by or in favour of the Corporation.

(2)

All suits, actions, appeals and any other legal proceedings instituted by or against the Society and pending immediately prior to the date of the commencement of this

Act, shall not abated or be discontinued and may be continued or enforced by or against the Corporation.

(3)

All property movable and immovable, which has been vested in, or legally purchased or acquired by, or leased to, or placed at the disposal of, or in any other manner transferred to the Society or which is held in trust for the Society, is in its possession or control on the date of commencement of this Act, shall be held by or in trust for the Corporation

Ramakrishna Sarada Mission (Lanka Branch)

established under this Act, subject to the trusts, charges, liabilities, reservations, servitudes or other encumbrances and on the terms and conditions appertaining, attaching or applicable thereto at that date.

(4)

All the rights, liabilities and obligations of the Society other than the rights, liabilities and obligations referred to in subsection (1) on the day immediately prior to the date of commencement of this Act, shall be deemed to be the rights, liabilities and obligations of the Corporation.

s 17Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the

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

Ramakrishna Sarada Mission (Lanka Branch)