MADAHAPOLA SRI RATNAPALARAMAYA
RELIGIOUS AND BUDDHIST EDUCATIONAL DEVELOPMENT FOUNDATION

Arrangement of Sections

Preamble.

1. Short title.

2. Incorporation of the Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation.

3. Objects of the Corporation.

4. Corporation to ensure no conflict with work of Ministry or Department of the Government or Province.

5. Management of the affairs of the Corporation.

6. Powers of the Corporation.

7. Rules of the Corporation.

8. Register of members.

9. Fund of the Corporation.

10. Accounts and auditing.

11. Annual report.

12. Debts due by and payable to the Foundation.

13. Corporation may hold property movable and immovable.

14. Application of moneys and property.

15. Seal of the Corporation.

16. Property remaining on dissolution.

17. Saving of the rights of the Republic.

18. Sinhala text to prevail in case of inconsistency.

6 of 2015.

AN ACT to Incorporate the Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation

Preamble.

WHEREAS a society called and known as the “Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation”, has heretofore been established in Sri Lanka for the purpose of effectually carrying out its objects and transacting all matters connected with the said society according to the rules agreed to by its members.

AND WHEREAS the said society has heretofore successfully carried out and transacted the several objects and matters for which it was established and has applied to be incorporated and it will be for the public advantage to grant the said application.

[Date of Commencement: 10th April, 2015]

1. Short Title.

This Act may be cited as the Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation (Incorporation) Act.

2. Incorporation of the Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation.

(1) From and after the date of commencement of this Act, such and so many persons as now are members of the Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation (hereinafter referred to as “the Foundation”) or shall hereafter be admitted as members of the Corporation hereby constituted shall be a body corporate with perpetual succession under the name and style of the Madahapola Sri Ratnapalaramaya Religious and Buddhist Educational Development Foundation (hereinafter referred to as “the Corporation”), 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.

(2) The Corporation shall be deemed to be a Voluntary Social Service Organisation within the meaning and for the purpose of the Voluntary Social Services Organisations (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 Corporation.

3. Objects of the Corporation.

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

(a) to bring about moral and economical progress amongst the adherents of the Buddhist faith;

(b) to assist for the quantitative and qualitative development of Buddhist Bhikkus in historical Yapahuwa area;

(c) to obtain advisory and financial assistance from bhikku organisations, governmental organisations, non-governmental organisations, Sasana Development Fund of the Dalada Maligawa, Sri Siddartha Saranankara Welfare Foundation of Malwathu Maha Viharaya and from foreign sources;

(d) to construct a building complex with residential facilities for about one hundred bhikkus, endowed with facilities for the development of activities relating to Buddhism;

(e) to create a lifestyle based on righteous employment amongst the adherents of the Buddhist faith with the assistance of relevant authorities;

(f) to provide various facilities to the adherents of the Buddhist faith through temples based on the concept “from temple to people”;

(g) to take necessary steps to lead the youth amongst the adherents of the Buddhist faith towards a righteous way of life guided by moral principles;

(h) to take measures to eradicate the drug addiction which is a social menace;

(i) to encourage the commencement of pre-schools in temple premises for the adherents of the Buddhist faith and to implement programmes for children to lead a religious life; and

(j) to take necessary steps to commence dhamma schools in temples where dhamma schools are not conducted.

4. Corporation to ensure no conflict with work of Ministry or Department of the Government or Province.

The objects of the Corporation shall be carried out in such manner so as not to create any conflict between the work of the Corporation and any work being carried out simultaneously by any Ministry or Department of the Government or of any Provincial Council.

5. Management of the affairs of the Corporation.

(1) Subject to the provisions of this Act the management and administration of the affairs of the Corporation 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.

(2) —

(a) The Board of the Foundation holding office on the day immediately preceding the date of commencement of this Act, shall function as the Board of the Corporation until the first Board is appointed or elected in the manner provided for by rules made under section 7.

(b) The first Board of the Corporation shall be appointed or elected within one year of the date of commencement of this Act.

(3) —

(a) Every office bearer of the Board including the patrons and advisers, shall be appointed or elected for a period of three years and any such office bearer, patron or adviser shall be eligible for re-appointment or re-election after lapse of the said period of three years.

(b) 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 Corporation, elect or appoint a person to fill such vacancy.

(c) 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.

6. 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 and matters as are necessary or desirable for the promotion or furtherance of the objects of the Corporation or any one of them, including the power—

(a) to purchase, acquire, rent, construct, renovate and otherwise obtain lands or buildings which may be required for the purposes of the Corporation and to deal with or dispose of the same as may be deemed expedient with a view to promoting the objects of the Corporation;

(b) to borrow or raise funds with or without securities and to receive grants, gifts or donations in cash or kind:

Provided that, the Board shall obtain the prior written approval of the Department of External Resources of the Ministry of the Minister assigned the subject of Finance, in respect of all foreign grants, gifts or donations made to the Corporation;

(c) 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;

(d) to invest any funds that are not immediately required for the purposes of the Corporation, in such manner as the Board may determine;

(e) to undertake, accept, execute, perform and administer any lawful trust or any real or personal property with a view to promoting the objects of the Corporation;

(f) to appoint, employ, dismiss or terminate the services of officers and servants of the Corporation and exercise disciplinary control over them and to pay them such salaries, allowances and gratuities as may be determined by the Corporation;

(g) to organise lectures, seminars and conferences with a view to promoting the objectives of the Corporation;

(h) to liaise and co-ordinate with other local and foreign institutions having similar objects to that of the Corporation; and

(i) to train personnel in Sri Lanka or abroad for the purposes of the Corporation.

7. Rules of the Corporation.

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