Rev. Moonamale Dhammarathana Memorial Foundation (Incorporation) Act 2009

This Act may be cited as the Rev. Moonamale

Dhammarathana Memorial Foundation (Incorporation) Act,

No. 43 of 2009.

From and after the date of commencement of this Act, such and so many persons as now are members of the “Rev.

Moonamale Dhammarathana Memorial Foundation”

(hereinafter referred to as the “Foundation”) 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 “Rev. Moonamale Dhammarathana Memorial

Foundation” 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.

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

to construct a Statue to commemorate Venerable

with a view to assisting adherents of the Buddhist faith to implement programmes in respect of pre-schools, day care centres, children’s homes, child education and religious education;

to assist in enhancing the welfare and benefits of

to conduct necessary classes, lectures, libraries, seminars, conferences, workshops, discussions, dialogues, educational tours, exhibitions, displays, and publish newspapers and magazines with a view to ensuring the development of education of

to provide relief services such as assistance and housing for the benefit of poor, elderly, destitute with physical and mental disabilities and the helpless, who are adherents of the Buddhist faith;

to inaugurate language training and vocational training courses in order to deploy Buddhist youth in productive services and to provide facilities to engage in income generating activities by way of further assistance;

to implement programmes in relation to child health and adult health, and to provide education on disease control and to conduct clinics, gymnasiums and medical clinics, with a view to ensuring the welfare of adherents of the Buddhist faith;

to provide self-help and voluntary services for social development activities among the low-income earning groups who are adherents of the Buddhist faith and to inaugurate and maintain pilot projects in this regard;

to engage in any industry or trade or any export or import business and to aid or assist adherents of the

to construct and maintain buildings required for the

to promote the religious education of the Buddhist laity;

to provide the resident bhikkus of the Sri

to promote cultural activities including ancient forms of art in the village and the area in and around the

to engage in the dissemination of the Dhamma internationally;

to preserve and disseminate the Buddhist Philosophy and the Buddhist way of life;

to establish friendly relations with other Buddhist organizations in Sri Lanka and abroad; and

to promote Buddhist education by granting scholarships to adherents of the Buddhist faith and to establish and maintain pirivenas for Buddhist education.

The affairs of the Corporation shall, subject to the rules of the Corporation made under section 6, be administered by a Board of Management (hereinafter referred to as the “Board”) consisting of the President, Vice Presidents and other office bearers elected or appointed in accordance with the rules of the Corporation.

The first Board shall consist of the members of the Board of the Foundation holding office on the day immediately preceding the date of commencement of this Act.

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 any one of them including the power to—

acquire, hold, take or give on lease or hire, mortgage pledge, sell, exchange, or otherwise alienate, encumber or dispose of any immovalbe property for the pruposes of the Corporation;

enter into and perform or carry out, whether directly or through any officer or agent authoirized 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

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

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

borrow or invest money for the purposes of the

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

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:—

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).

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

The Board shall cause to be maintained a register of every person who had been a member on the date of commencement of this Act, and every person who shall hereafter be admitted, members of the Corporation.

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

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

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

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

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

In this section, “qualified auditor” means—

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

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

All debts and liabilities of the Foundation 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

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

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 dividends, bonus, profit or otherwise howsoever to the members of the

Corporation.

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 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.

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Rev. Moonamale Dhammarathana Memorial

If upon the dssolution of the Corporation there remains after the satisfaction of all 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.

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

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Rev. Moonamale Dhammarathana Memorial