Act of Parliament · As enacted
Sri Balabhivurdhi Wardana Society (Incorporation) Act 2024
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 Sri Balabhivurdhi
Wardana Society (Incorporation) Act, No. 12 of 2024.
From and after the date of commencement of this Act, such and so many persons as now are members of the Sri
Balabhivurdhi Wardana Society (hereinafter in this Act referred to as the “Society”) and shall hereafter be admitted as members of the body corporate hereby constituted shall have perpetual succession under the name and style of the
“Sri Balabhivurdhi Wardana Society” (hereinafter referred to as the “body corporate”) 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.
The body corporate shall be deemed to be a Voluntary
Social Service Organization within the meaning, and for the purpose of the Voluntary Social Service Organizations
(Registration and Supervision) Act, No. 31 of 1980 and the provisions of that Act shall apply to and in relation to the management of the affairs of the body corporate.
The general objects for which the body corporate is constituted are hereby declared to be—
to carryout various commemorative activities in memory of Arahath Mahinda who was instrumental in the setting up of the Budha Sasana in Sri Lanka;
to assist the relevant authorities to undertake road development and housing schemes, the construction and improvement of hospitals, educational centers, schools, pirivenas and community centers;
to assist the relevant authorities to establish, equip and maintain pre-school and libraries;
to engage in the dissemination of Dhamma, internationally and the dissemination of Buddhist
Philosophy and the Buddhist way of life among
Buddhists and to establish friendly relations with other Buddhist Organizations in Sri Lanka or abroad;
to assist the relevant authorities to provide medical aid, food and housing to the poor, the destitute and the sick;
to assist the relevant authorities to establish and maintain orphanages and homes for the aged and social welfare centers and to provide welfare facilities for deaf, dumb and the blind and disabled persons;
to grant financial assistance or scholarships to the voluntary workers who are engaged in the attainment of the objects of the body corporate;
to assist the relevant authorities to provide bursaries, scholarships, prizes, donations, financial aid and other assistance to needy and deserving students for the advancement of education and knowledge;
to collaborate with any other institution or organization, whether foreign or local, having objects similar to those of the body corporate; and
to sponsor and conduct conferences, seminars, workshops, group studies and lectures and to print, publish and distribute books, journals, leaflets, newspapers and magazines which the body corporate may consider desirable for the promotion and advancement of its objects.
In the implementation of the objects specified in subsection (1), the body corporate shall ensure that such implementation shall be carried out without any distinction based on race, religion, language, caste, sex, political opinion, place of birth or any of such grounds.
s 4Body corporate to ensure no conflict with work of Ministry or Department of the Government or Provincial Council
The objects of the body corporate shall be carried out in such manner so as not to create any conflict between the work of the body corporate and any work being carried out simultaneously by any Ministry or Department of the
Government or of any Provincial Council.
Management of affairs of the body corporate
.5. (1) Subject to the provisions of this Act, and the rules made under section 7, the management and administration of the affairs of the body corporate shall be carried out by a
Governing Council (hereinafter referred to as the “Council”)
consisting of such number of office bearers as may be specified by the rules made under section 7.
The members of the Council of the Society holding office on the day immediately preceding the date of commencement of this Act shall, function as an Interim
Council of the body corporate until the first Council is appointed or elected in the manner provided for by rules made under section 7.
The Interim Council 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
Council of the body corporate.
Any decision of the Interim Council shall be taken by the majority of its members present at any meeting.
The first Council of the body corporate shall be appointed or elected within one year of the date of commencement of this Act.
Every office bearer of the Council including the patrons and advisers, if any 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.
In the event of a vacancy occurring due to the death, resignation, incapacity or removal from office of an office bearer, the Council shall having regard to the rules of the body corporate, elect or appoint a person to fill such vacancy.
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.
s 6Powers of the body corporate
Subject to the provisions of this Act and any other written law, the body corporate shall have the power—
to purchase, rent, construct, renovate or otherwise obtain lands or buildings which may be required for the purposes of the body corporate and to deal with or dispose of the same as may be determined by the Council with a view to promoting the objects of the body corporate;
enter into and perform or carry out, whether directly or through any officer or agent authorized in that behalf by the body corporate, all such contracts or agreements as may be necessary for the attainment of the objects or the exercise of the powers of the body corporate;
to borrow or raise funds with or without securities and to receive grants, gifts or donations from local or foreign sources in cash or kind :
Provided that, the Council shall obtain the prior written approval of the Department of External
Resources in respect of all foreign grants, gifts or donations made to the body corporate;
to make, draw, accept, discount, endorse, negotiate, buy, sell and issue bills of exchange, cheques, promissory notes and other negotiable instruments and to open, operate, maintain and close accounts in any bank;
to invest any funds that are not immediately required for the purposes of the body corporate, in such manner as the Council may determine;
to undertake, accept, execute, perform and administer any lawful trust having objects similar to the body corporate or any real or personal property with a view to promoting the objects of the body corporate;
to appoint, employ, dismiss or terminate the services of officers and other employees of the body corporate and exercise disciplinary control over them and to pay them such salaries, allowances and gratuities as may be determined by the body corporate;
to train personnel in Sri Lanka or abroad for the purposes of the body corporate; and
to do all other things as are necessary or expedient for the proper and effective carrying out of the objects of the body corporate.
It shall be lawful for the body corporate, from time to time, at any general meeting of the body corporate 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, for all or any of the following matters:—
the classification of membership, admission, withdrawal, expulsion or resignation of members and fees payable by such members;
the election of office bearers of the Council or vacation of or removal from office of office bearers and the powers, duties and functions of the office bearers;
the terms and conditions of appointment, powers, functions and duties of the various officers, agents and servants of the body corporate;
the procedure to be followed for the summoning and holding of meetings of the body corporate and of the Council, notices and agenda of such meetings, the quorum and the conduct of business thereat;
the qualifications and disqualifications to be a member of the Council and the body corporate;
the administration and management of the property of the body corporate; and
generally, the management of the affairs of the body corporate and the accomplishment of its objects and dissolution of the body corporate.
Any rule made by the body corporate may be amended, altered, added to or rescinded at a like meeting and in like manner as a rule made under subsection (1) of this section.
Any rule made under subsection (1), shall be published in the Gazette within three months upon making of such rules and shall come into effect on the date thereof.
The members of the body corporate shall at all times be subject to the rules of the body corporate.
s 8Register of members
The Council shall maintain a register of members in which name, address and other essential details of the members shall be inscribed.
The body corporate shall have its own fund and all moneys received by way of gifts, bequests, donations, subscriptions, contributions, fees or grants for and on account of the body corporate shall be deposited in one or more banks approved by the Council to the credit of the body corporate subject to the provisions of section 6 (c).
There shall be paid out of the Fund, all such sums of money as are required to defray any expenditure incurred by the body corporate in the exercise, performance and discharge of its powers, duties and functions under the Act.
The financial year of the body corporate shall be the calendar year.
The body corporate shall cause proper accounts to be kept of its income and expenditure, assets and liabilities and all other transactions of the body corporate.
The accounts of the body corporate shall be audited annually by the Auditor General or a qualified auditor appointed by the Auditor General in terms of the provisions of Article 154 of the Constitution and be certified by the
Auditor General or a qualified auditor.
For the purposes of this section “a qualified auditor”
means–
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
a firm of Accountants, each of the resident partners of which, being a member of the Institute of Chartered
Accountants of Sri Lanka or any other institute established by law, possesses a certificate to practice as an Accountant, issued by the Council of such
Institute.
The Council shall prepare a report of the activities of the body corporate for each financial year and submit such report together with the audited statement of accounts certified by the Auditor General or a qualified auditor to the
Secretary of the Ministry of the Minister assigned the subject of Buddhasasana, Religious and Cultural Affairs and to the
Registrar of Voluntary Social Service Organizations appointed under the Voluntary Social Service Organizations
(Registration and Supervision) Act, No. 31 of 1980, before the expiration of six months of the year succeeding the year to which such report relates.
A separate Account relating to the foreign and local moneys received by the body corporate during the financial year shall be attached to the report referred to in subsection (1).
s 12Debts due by and payable to the Society
All debts and liabilities of the Society existing on the day immediately preceding the date of commencement of this Act, shall be paid by the body corporate hereby constituted and all debts due to, subscriptions and contributions payable to the Society on that day shall be paid to the body corporate for the purposes of this Act.
s 13Body corporate may hold property movable and immovable
Subject to the provisions of this Act and any other written law, the body corporate 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, testamentaty disposition or otherwise and all such property shall be held by the body corporate for the purposes of this Act and subject to the rules of the body corporate made under section 7 with power to sell, mortgage, lease, exchange or otherwise dispose of the same.
s 14Application of moneys and property
The moneys and property of the body corporate however derived shall be applied solely towards the promotion of the objects of the body corporate and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or profit or otherwise howsoever to the members of the body corporate.
The Seal of the body corporate shall not be affixed to any instrument whatsoever, except in the presence of two members of the Council, who shall sign their names to the instrument in token of their presence and such signing shall be independent of the signing of any person as a witness.
The seal of the body corporate shall be in the custody of an office bearer of the council as may be decided by the council.
If upon the dissolution of the body corporate 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 body corporate, but shall be given or transferred to any other institution having objects similar to those of the body corporate, and which is by the rules thereof, prohibited from distributing any income or property among its members.
For the purposes of subsection (1), the appropriate institution shall be determined by the members of the body corporate immediately before the dissolution at a general meeting by the majority of votes of the members present.
s 17Saving of the rights of the Republic
Nothing in this Act contained shall prejudice or affect the rights of the Republic, or of any body politic or any other body corporate.
s 18Sinhala 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.