Act of Parliament · As enacted
Sri Shakyasinharama Viharastha Karyasadhaka Sanvidanaya (Incorporation) Act 2022
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 Shakyasinharama
Viharastha Karyasadhaka Sanvidanaya (Incorporation)
Act, No. 15 of 2022.
From and after the date of commencement of this
Act, such and so many persons as now are members of the
Sri Shakyasinharama Viharastha Karyasadhaka Sanvidanaya
(hereinafter referred to as the “Organization”) 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 Shakyasinharama Viharastha
Karyasadhaka Sanvidanaya” (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.
Sri Shakyasinharama Viharastha Karyasadhaka
The body corporate shall be deemed to be a Voluntary
Social Service Organization within the meaning and for the purpose of the Voluntary Social Services 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.
s 3General objects of the body corporate
The general objects for which the body corporate is constituted are hereby declared to be—
to attend activities on religious development and the development of the persons;
to develop, protect and conserve
Sri
Shakyasinharamaya and other associated temples;
to promote and foster humanitarian ideas, good values and morals;
to carry out awareness programmes for the general public including school children of the value of acquiring knowledge in Sinhala, English, Sanskrit and other languages, computer and technical knowledge;
to implement cultural programmes aiming at the participation of the members of the public in such programmes; and
to extend support to services rendered by senior citizens’ organizations and to encourage such organizations.
Sri Shakyasinharama Viharastha Karyasadhaka
s 4Body corprate to ensure no conflict with work of Ministry or Department of the Government or any Provincial Council
The objects of the body corporate shall be carried out in accordance with written law and 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 or any Local Authority.
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
Board of Management (hereinafter referred to as the “Board”)
consisting of such number of office bearers as may be specified by the rules made under section 7.
The members of the Board of the Organization holding office on the day immediately preceding the date of commencement of this Act shall, subject to the rules made under paragraph (b), function as an Interim Board of the body corporate until the first Board is appointed or elected in the manner provided for by rules made under section 7.
Subject to the provisions of section 7, the Interim
Board of the body corporate 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
Board of the body corporate, not inconsistent with the provisions of this Act or any other written law.
Any decision of the Interim Board shall be taken by the majority of its members present at such meeting.
The First Board 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 Board including the patrons and advisors, shall be appointed or elected for a
Sri Shakyasinharama Viharastha Karyasadhaka 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 Board 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 do, perform and execute the following acts for the achievement of the objects of the body corporate:–
to purchase, rent, construct, renovate and 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 Board with a view to promoting the objects of the body corporate;
to 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 in cash or kind:
Sri Shakyasinharama Viharastha Karyasadhaka
Provided that, the Board 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 in Sri Lanka approved by the Board;
to invest any funds that are not immediately required for the purposes of the body corporate, in such manner as the Board may determine;
to undertake, accept, execute, perform and administer any lawful trust having objects similar to the objects of 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 servants 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 organize lectures, seminars and conferences with a view to promoting the objectives of the body corporate;
to liaise and co-ordinate with other local and foreign institutions having similar objects to that of the body corporate; and
to train officers and servants in Sri Lanka or abroad for the purposes of the body corporate.
Sri Shakyasinharama Viharastha Karyasadhaka
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 the following matters:—
the classification of membership, admission, withdrawal, expulsion or resignation of members and fees payable by the members;
the election of office bearers of the Board 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 various officers, and servants of the body corporate;
the procedure to be followed for the summoning and holding of meetings of the body corporate or of the Board, or notices and agenda of such meetings, the quorum and the conduct of business thereat;
the qualifications and disqualifications to be a member of the Board and the body corporate;
the administration and management of the property of the body corporate;
the procedure governing the manner of liaising and coordinating with other local and foreign institutions having objects similar to that of the body corporate; and
Sri Shakyasinharama Viharastha Karyasadhaka
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.
The rules 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 of such publication.
The members of the body corporate shall at all times be subject to the rules of the body corporate.
s 8Register of members
The Board 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.
All moneys received by way of gifts, bequests, donations, subscriptions, contributions, fees or grants for and on account of the body corporate shall, subject to the provisions of section 6(c), be deposited in one or more banks approved by the Board to the credit of the body corporate.
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 this 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.
Sri Shakyasinharama Viharastha Karyasadhaka
The accounts of the body corporate shall be audited annually by the Auditor-General or a qualified auditor appointed by Auditor-General in terms of provisions of
Article 154 of the Constitution and be certified by the
Auditor-General or such qualified auditor.
For the purposes of this section, “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 practise 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 of any other institute established by law, possesses a certificate to practise as an Accountant, issued by the Council of such institute.
The Board 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 and a list of all assets and liabilities of the body corporate certified by the Auditor-General or a qualified auditor referred to in section 10, to the Ministry of the Minister assigned the subject of Buddha Sasana under Article 44 or 45 of the Constitution and to the Registrar of Voluntary
Social Services Organizations appointed under the
Voluntary Social Services 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.
Sri Shakyasinharama Viharastha Karyasadhaka
A separate statement of accounts relating to the foreign and local moneys received by the body corporate, the details of all contracts and agreements entered into by the body corporate and the rules of the body corporate made under section 7 during the financial year shall be attached to the report referred to in subsection (1).
s 12Debts due by and payable to the Organization
All debts and liabilities of the Organization 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 and subscriptions and contributions payable to the Organization 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, testamentary disposition or otherwise, and all such property shall be held by the body corporate for the purpose 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 affixed to any instrument whatsoever, except in the presence of two members of the Board 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.
Sri Shakyasinharama Viharastha Karyasadhaka
The Seal of the body corporate shall be in the custody of an office bearer of the Board as may be decided by the
Board.
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 appropriate 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 with the approval of the Registrar of Voluntary Social
Services Organizations appointed under the Voluntary Social
Services Organization (Registration and Supervision) Act,
No. 31 of 1980 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 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.
Sri Shakyasinharama Viharastha Karyasadhaka