As enacted

Contents

Act of Parliament · As enacted

Seethawaka Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa (Incorporation) Act 2007

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

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Seethawaka

Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa

(Incorporation) Act, No. 44 of 2007.

s 2Incorporation of the Seethawaka Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa

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

Seethawaka Maniyangama Rajamaha Viharastha

Sanwardhana Sabhawa (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 “Seethawaka

Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa”

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.

s 3General Objects of the Corporation

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

(a)

to construct and maintain buildings and other infrastructural facilities required for Seethawaka

Maniyangama Rajamaha Viharaya ;

(b)

to provide the resident Bhikkus of the Seethawaka

Maniyangama Rajamaha Viharaya, with necessary educational facilities and to supply their daily needs;

(c)

to award scholarships, fellowships, prizes and bursaries to Buddhist monks and Buddhist laity with a view to promoting the study of, and research into,

Buddhism and Buddhist, philosophy ;

(d)

to foster, promote and protect the Buddha Sasana and to inculcate the teachings of Lord Buddha and the values of Buddhism, among the Buddhist ;

(e)

to provide appropriate educational training to the

Maha Sangha ;

(f)

to establish and maintain educational institutions, including dhamma schools, pirivenas and training centers, for the benefit of Buddhists ;

(g)

to establish and maintain libraries, information and resource centers for the benefit of the Buddhists ;

(h)

to organize Buddhist festivals and to preserve the

Buddhist traditions and Buddhist culture ; and

(i)

to organize and implement cultural and social development services.

s 4General 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 any one of them, including the power to open, operate and close bank accounts, to borrow or raise moneys, with or without security, to receive or collect grants and donations, to invest its funds and to engage, employ and dismiss such officers and servants as are required for the carrying out of the objects of the

Corporation.

s 5Management of the affairs of the Corporation

(1)

The management of the affairs of the Corporation shall, subject to the provisions of this Act and the rules of the

Corporation be administered by a Board of Management

(hereinafter referred to as the “Board”) consisting of the office bearers and such other persons as may be provided for in the rules of the Corporation and elected in accordance therewith.

(2)

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

s 6Reles of the Corporation

(1)

It shall be lawful for the Corporation from time to time, at any general meeting of the Corporation and by majority of not less than two thirds of the members present and voting, to make rules not inconsistent with provisions of this Act or any other written law, for the admission, withdrawal or expulsion of members, for the election of office bearers, for the performance of the duties of the office bearers, the

Board and of the various officers, agents and of the servants of the Corporation, for the procedure to be followed in the transaction of business at meetings of the Corporation and of the Board and otherwise generally, for the management of the affairs of the Corporation and the accomplishment of its objects. Such rules when made may at a like meeting and in like manner, be altered, added to, amended or rescinded.

(2)

The members of the Corporation shall be subject to the rules of the Corporation.

s 7Accounts and audit

(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 at least once in every year by a qualified auditor appointed by the Board.

(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 the Council of 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 Sri Lanka or of any other institute established by law, possesses a certificate to practice as an Accountant issued by the Council of such institute

s 8Fund of the Corporation

(1)

The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gifts, bequests, donations, subscriptions, contributions fees or grants for and on account of the Corporation shall be deposited to the credit of the Corporation in one or more bank as the

Board shall determine.

(2)

All expenses borne by the Corporation in the exercise and discharge of the powers and functions of the Corporation shall be paid out of the fund of the Corporation.

s 9Debts 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 and subscriptions and contributions payable to the said Society on that day, shall be paid to the Corporation hereby constituted.

s 10Corporation may hold property movable or immovable

The Corporation 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 Corporation for the purposes of this Act, with full power to sell, mortgage, rent, lease, exchange or otherwise dispose of the same.

s 11Property 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 institution or institutions having objects similar to those of the Corporation, and which is or are by the rules thereof prohibited from distributing any income or property among its or their members. Such institution or institutions shall be determined by the Board at, or immediately before, the dissolution of the Corporation.