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Act of Parliament

Thai-Sri Lanka Buddhist Cultural Centre (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 Thai-Sri Lanka Buddhist

Cultural Centre (Incorporation) Act, No. 43 of 2007.

s 2Incorporation of the Thai-Sri Lanka Buddhist Cultural Centre

From and after the date of commencement of this Act, such and so many persons as now are members of the “Thai-Sri Lanka Buddhist Cultural Centre” (hereinafter referred to as “the Centre”) and shall hereafter be admitted as members of the Corporation hereby constituted, shall be and become a body corporate with perpetual succession, under the name and style of the “Thai-Sri Lanka Buddhist Cultural Centre”

(hereinafter referred to as the “the Corporation”) and by that name may sue and be sued, with full power and authority to possess, and use a common seal and alter the same at its pleasure.

s 3Objects of the Corporation

The objects of the Corporation shall be —

(a)

to maintain and promote religious and cultural relations between Sri Lanka and Thailand ;

(b)

to promote the interests of Buddhism ;

(c)

to foster Theravada Buddhist doctrine and way of life ;

(d)

to provide facilities for the study and the fostering of Buddhism ;

(e)

to encourage the practical observance of the

Buddhism ;

(f)

to promote unity and co-operation among Buddhist organizations and Buddhists, nationally and internationally ;

(g)

to advance the moral, cultural, economic and social welfare of Buddhists ;

(h)

to provide welfare facilities to the needy Buddhists ;

(i)

to provide educational and vocational training facilities to the Buddhists of the community ; and

(j)

to co-operate with other associations, societies or organizations, having objects similar to those of the Corporation.

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—

(a)

open, operate and close bank accounts ;

(b)

borrow or raise moneys with or without security ;

Thai-Sri Lanka Buddhist Cultural Centre

(c)

receive or collect grants or donations ;

(d)

invest excess funds ;

(e)

engage, employ and dismiss officers and servants, for the purpose of carrying out the objects of the Corporation.

(1)

The affairs of the Corporation shall, subject to the provisions of this Act and the rules of the Corporation, be administered by the Executive Committee consisting of the

Chief Patron, President and not more than seven and not less than five other members to be elected in accordance with the rules made under this Act.

(2)

The Most Venerable Phra Dhammapariyaththivedi

Maha Thera shall be the Chief Patron of the Corporation.

(3)

After the demise or resignation of the said Most

Venerable Phra Dhammapariyaththivedi Maha Thera, the

Executive Committee shall appoint a fit and proper person for the post of Chief Patron on the recommendation of the

President.

(4)

The Venerable Rassagala Seewali Thera shall be the first President of the Corporation and shall continue to hold such office until and unless he resigns or vacates.

(5)

The first Executive Committee of the Corporation shall consist of the members of the Executive Committee of the

Centre holding office on the date of commencement of this

Act.

s 6Disqualification to be a member of the Executive Committee

No person shall be elected as a member of the

Executive Committee if he or she—

(a)

is not a member of the Corporation ;

(b)

is not a Buddhist ;

(c)

is a person who having been declared a bankrupt or insolvent by a court ;

(d)

is of unsound mind ; or

(e)

has been by any competent court found to have committed any offence involving moral turpitude.

(1)

It shall be lawful for the Corporation, from time to time, at any general meeting of the members convened for the purpose and with the approval 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—

(a)

the admission, withdrawal or expulsion of members ;

(b)

offices to be held by members of Executive

Committee and election of the office bearers ;

(c)

the conduct and the duties of the executive committee and of the various officers, agents and servants of the Corporation ;

(d)

the procedure to be observed in the transaction of business at meetings, and otherwise generally for the management of the affairs of the Corporation.

(2)

Such rules may be added to, amended or rescinded in like manner as a rule may be made under subsection (1).

(3)

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

s 8Debts due by and payable to the Centre

All debts and liabilities of the Centre existing at the time of the coming into operation of this Act, shall be paid by the Corporation, hereby constituted and all debts due to and subscriptions and contributions payable to the centre, shall be paid to the Corporation for the purposes of this Act.

Thai-Sri Lanka Buddhist Cultural Centre

(1)

The Corporation shall have its own fund and all money received by way of gift, testamentary disposition, transfer, donation, contributions, or fees shall be deposited in the name of the Corporation in one or more banks as may be determined by the Executive Committee.

(2)

The Corporation may establish any depreciation fund, reserve or sinking fund for the purpose of rehabilitation, development and improvement of the property of the

Corporation.

(3)

All expenses incurred by the Corporation in exercising and discharging it’s 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.

(4)

In this section “qualified auditor” means—

(i)

an individual who being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law and possesses a certificate to practise as an Accountant issued by the Council of such Institute ; or

(ii)

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 11Corporation may hold and dispose properties

The Corporation may take and hold any movable or immovable property by right of purchase, grant, gift, testamentary disposition or otherwise, and subject to the rules of the Corporation may sell, mortgage, lease, exchange or otherwise dispose of the same. All properties belong to the

Centre on the date of commencement shall be properties of the Corporation.

s 12Affixing the seal

The Seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the

President and anyone of the members of the Executive

Committee, 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.

s 13Property remaining on dissolution

If upon the dissolution 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 property 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 the dissolution of the Corporation.

s 14Saving of the rights of the Republic and others

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

s 15Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the

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

Thai-Sri Lanka Buddhist Cultural Centre