ACT, No. 22 OF 2007

22of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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SRI LANKA BUDDHIST VIHARA DEVALA
FOUNDATION (INCORPORATION)
ACT, NO. 22 OF 2007
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[Certified on 05th July, 2007]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of July 6, 2007
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRI LANKA
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Sri Lanka Buddhist Vihara Devala Foundation 1
(Incorporation) Act, No. 22 of 2007
[Certified on 05th July 2007]
L.D.—O./INC 9/2005
ANACT TO INCORPORATE THE SRI LANKA BUDDHIST VIHARA DEVALA
FOUNDATION
WHEREAS a Foundation called and known as the“Sri Lanka Preamble.
Buddhist Vihara Devala Foundation” has heretofore been
formed for the purpose of effectually carrying out and
transacting all objects and matters connected with the said
Foundation according to the rules agreed to by its members :
AND WHEREAS the said Foundation has hereto for
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 such application:
BE IT THEREFORE enacted by the Parliament of the
Democratic Socialist Republic of Sri Lanka as follows :—
1. This Act may be cited as the Sri Lanka Buddhist Vihara Short Title.
Devala Foundation (Incorporation) Act, No. 22 of 2007.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of the “Sri the Sri Lanka
Buddhist
Lanka Buddhist Vihara Devala Foundation” or shall hereafter
Vihara Devala
be admitted members of the Corporation hereby constituted, Foundation.
shall be a body corporate (hereinafter referred to as the
“Corporation”), with perpetual succession, under the name
and style of “Sri Lanka Buddhist Vihara Devala Foundation”
and by that name may sue and be sued, with full power and
authority to have, and use a common seal and alter the same
at its pleasure.
3. The general objects for which the Corporation is General objects
established are hereby delcared to be — of the Corpora-
tion.
(i) to provide assistance and facilities for the education
of bhikkus ;
2 Sri Lanka Buddhist Vihara Devala Foundation
(Incorporation) Act, No. 22 of 2007
(ii) to provide assistance to needy Bhikkhus for the
presentations of Acts of Appointment, and to any
person or organisation for the cremation of such
bhikkhu on his demise;
(iii) to provide monetary assistance for repairs or
constructions of new Buddhist Viharas and Devalas;
(iv) to help to obtain suitable places for the relocation
of Viharas situated in uncongenial places;
(v) to assist in the promotion of education of Silmatas
and for the supply of their other needs;
(vi) to promote Buddhist morals and ethics in the society;
(vii) to encourage saving habit and to foster mutual help
and understanding among the membersof the
corporation;
(viii) to fulfil economic, cultural and social objectives of
the Buddhists through Buddhist principles;
(ix) to grant loans to Buddhists on easy terms or free of
interest urgent personal needs such as purchase of a
land, construction of a house and self employment;
(x) to assist the Buddhist children financially or
otherwise with a view to promoting their education;
(xi) to provide assistance for the fostering of the Buddha,
Dhamma both locally and globally;
(xii) to provide assistance for printing of Dhamma Books
to further the knowledge of the Dhamma;
(xiii) to provide assistance and take suitable steps for the
protection and development of the properties of the
Buddhist temples and devalas;
Sri Lanka Buddhist Vihara Devala Foundation 3
(Incorporation) Act, No. 22 of 2007
(xiv) to provide assistance to Buddhists who having
pledged their abode or land as security for loans
raised from financial institutions, are faced with
banks recovery procedings upon default in
payments;
(xv) to provide any other assistance that may be deemed
necessary for the welfare of the Buddhists;
(xvi) to originate any other programme for the upliftment
of the Buddha Sasana and provide assistance
therefor;
(xvii) to take legal action against any vilification of Lord
Buddha the Buddhist doctrine and the members of
the Sangha ;
(xviii) to take appropriate action to sustain and safeguard
the Buddha Sasana, its security, its development
and progress and the welfare of Buddhist Monks
and Buddhists as well as of places of worship.
4. Subject to the provisions of this Act and any other General powers
written law the Corporation shall have the power to do, of the
perform and execute, all such acts, matters and things as are Corporation.
necessary or desirable for the promotion or futherance 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 money with or without security, to receive or collect
grants and donations, to invest its funds and to engage, employ
and dismiss officers and servants required for the carrying
out of the objects of the Corporation.
5. (1) The affairs of the Corporation shall, subject to Management of
the provisions of this Act and any rule to be made, be the affairs of the
administered by a Board of Governors consisting of Corporation.
twenty-nine members.
(2) Of the twenty-nine members—
(a) twenty-one members shall be elected at a meeting
of the general body; and
4 Sri Lanka Buddhist Vihara Devala Foundation
(Incorporation) Act, No. 22 of 2007
(b) the following members shall hold office ex-
officio :—
(i) the Malwatta and Asgiriya Most Ven.
Mahanayake Theros of both the Chapters, of
the Syamopali Maha Nikaya, the Most Ve.
Mahanayake Thero holding the Post of
President of the Sri Lanka Amarapura Sanga
Sabha of the Amarapura Nikaya and the Most
Ven. Mahanayake Thero of the Sri Lanka
Ramanna Maha Nikaya ;
(ii) the Viharadhipati Nayake Theros of the four
Pirivenas, namely Vidyodaya Maha Pirivena,
Vidyalankara Pirivena, Saddharmakara
Pirivena of Pinwatte and Saraswathi Pirivena
of Balagalla.
(3) The Board of Governors shall elect the President, Vice
President and Treasurer from among its members and it shall
have the power to recruit a suitable person to be the Secretary
who shall be the chief executive officer of the Corporation.
(4) The first Board of Governors of the Corporation shall
consist of the members of the Committee of Management of
the foundation holding office on the day immediately
preceding the date of the commencement of this Act.
Rules of the 6. (1) It shall be lawful for the Corporation, from time
Corporation. to time at any general meeting 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, on all or any of the following matters :—
(a) the classification of members and membership fees
payable, their admission, withdrawal or expulsion
from membership;
Sri Lanka Buddhist Vihara Devala Foundation 5
(Incorporation) Act, No. 22 of 2007
(b) the election of Members to the Board of Governors
and its powers, and duties;
(c) the election of office bearers, their term of office,
resignation from, vacation of or removal from office
and their powers and duties;
(d) the duties and functions of the officers, agents and
servants of the Corporation;
(e) the procedure to be followed in the summoning and
holding of meetings of the Board, the quorum
therefor and the conduct of business thereat;
(f) the administration and management of the property
of the Corporation, including its funds; and
(g) the management of the affairs of the Corporation
and the accomplishment of its objects.
(2) Any rule made by the Corporation may be amended,
altered, added to or rescinded at a like meeting and in like
manner as a rule made under subsection (1)
(3) The members of the Corporation shall be subject to the
rules of the Corporation.
7. (1) The Corporation shall have its own fund and it Funds of the
Corporation.
shall consist of all moneys received by way of gifts, bequests,
testamentary dispositions, grants, donations, contributions,
fees or contributions in cash or kind from local and foreign
institutions and individuals, members and non members.
(2) All moneys received shall be deposited in the name
of the Corproation in one or more banks and be invested in
any suitable manner to achieve the object of the Corporation
as may be decided by the Board of Governors.
6 Sri Lanka Buddhist Vihara Devala Foundation
(Incorporation) Act, No. 22 of 2007
(3) The Corporatin may establish a depreciation fund or
sinking fund for the purpose of rehabilitation, development
or improvement of the property of the Corporation.
(4) All expenditure incurred by the Corporation in the
exercise, performance and discharge of the powers, duties
and functions of the Corporation shall be paid out of the
fund of the Corporation.
Corporation may 8. The Corporation shall be able and capable in law to
hold property acquire and hold property both movable and immovable
movable or
immovable. which may become vested in it by virtue of any pruchase,
grant, gift, testamentary disposition or otherwise and all such
property shall be held by the Corporation for the purposes of
this Act, and subject to the rules in force for the time being of
the Corporation, shall have power to sell, mortgage, lease,
exchange or otherwise dispose of the same.
Property 9. If upon dissolution of the Corporation there remains
remaining on any property after the satisfacgtion of all its debts and
dissolution.
liabilities, 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 its rules
prohibited from distributing any income or property among
its or their members.
Seal of the 10. The Seal of the Corporation shall not be affixed to
Corporation any instrument except in the presence of the Chairman or
Vice Chairman and the Secretary, both or who shall sign their
names on the instrument in token of their presence and such
signing shall be independent of the signing of any person as
a witness.
Accounts and 11. (1) The Corporation shall cause proper accounts to
Audits be kept of its income and expenditure, assets and liabilities
and all ohter transactions of the Corporation.
(2) The accounts of the Corporation shall be audited by a
qualified auditor appointed by the Board of Governors.
Sri Lanka Buddhist Vihara Devala Foundation 7
(Incorporation) Act, No. 22 of 2007
12. Nothing in this Act contained shall prejudice or Safeguarding of
affect the rights of the Republic or of any body politic or the rights of the
Republic and
corporate or of any other persons. others.
13. In the event of any inconsistency between the Sinhala Sinhala text to
prevail in case of
and Tamil Texts of this Act, the Sinhala text shall prevail. inconsistency.

8 Sri Lanka Buddhist Vihara Devala Foundation
(Incorporation) Act, No. 22 of 2007
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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