ACT, No. 60 OF 2009

60of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
KOTTAWA SRI PUNYABIWARDANAARAMA
VIHARASTHANA PERFORMANCE SOCIETY
(INCORPORATION) ACT, No. 60 OF 2009
[Certified on 21st October, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 23, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 5.00 Postage : Rs. 5.00

Kottawa Sri Punyabiwardanaarama Viharasthana 1
Performance Society (Incorporation)
Act, No. 60 of 2009
[Certified on 21st October 2009]
L.D.—O. Inc. 10/2007.
ANACTTO INCORPORATE THE KOTTAWA SRI PUNYABIWARDANAARAMA
VIHARASTHANA PERFORMANCE SOCIETY
WHEREAS a Society called and known as the “Kottawa Sri Preamble.
Punyabiwardanaarama Viharasthana Performance Society”
has heretofore been formed for the purpose of effectually
carrying out it’s objects and transacting all matters connected
with the said Society according to the rules agreed to by its
members:
AND WHEREAS the Society has heretofore successfully
carried out and transacted the several objects and matters for
which it was formed and has applied to be incorporated and
it will be for the public advantage to grant the said
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 Kottawa Sri Short title.
Punyabiwardanaarama Viharasthana Performance Society
(Incorporation) Act, No. 60 of 2009.
2. From and after the date of commencement of this Incorporation of
the Kottawa Sri
Act, such and so many persons as now are members of
Punyabiwardana-
the “Kottawa Sri Punyabiwardanaarama Viharasthana arama
Performance Society” (hereinafter referred to as the Viharasthana
“Society”) or shall hereafter be admitted members of the Performance
Corporation hererby constituted, shall be a body corporate Society.
(hereinafter referred to as the “Corporation”) with perpetual
succession, under the name and style of the “Kottawa Sri
Punyabiwardanaarama Viharasthana Performance Society”
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—PL 004152— 3,150 (07/2009)
2 Kottawa Sri Punyabiwardanaarama Viharasthana
Performance Society (Incorporation)
Act, No. 60 of 2009
General objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to ensure the security, maintenance and
development of the Temple ;
(b) to ensure the security of the resident Bhikkhus and
to provide their needs;
(c) to render assistance for activities aimed at the
promotion of religious, social and economic aspects
of the Temple;
(d) while taking action for the stability of the Buddha
Dhamma, to take action for the establishment of a
society based on the Buddhist moral values and
observing the five precepts;
(e) to make provision for the achievement of all
objectives expected from a Buddhist Temple;
(f) to establish and maintain institutions for the welfare
training and rehabilitation of the destitute, the
disabled, the aged, the sick and displaced persons
among Buddhists;
(g) publish or cause to be published books, journals,
magazines and other literature related to Buddhism
and establish and maintain libraries, bookshops and
printing presses.
Management of 4. (1) The affairs of the Corporation shall, subject to the
the affairs of the rules made under section 6, be administered by a Board of
Corporation.
Management (hereinafter referred to as the “Board”)
consisting of the President, who shall be Chief Incumbent of
the Viharaya and Vice President, Secretary, Assistant Secretary,
Treasurer and five Committee members elected or appointed
in accordance with the rules of the Corporation.
Kottawa Sri Punyabiwardanaarama Viharasthana 3
Performance Society (Incorporation)
Act, No. 60 of 2009
(2) The First Board shall consist of the members of the
Board of Management of the Society holding office on the
day immediately preceding the date of commencement of
this Act.
5. Subject to the provisions of this Act and any other General powers
written law, the Corporation shall have the power to do, of the
Corporation.
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) acquire, hold, take or give on lease or hire, mortgage,
pledge, sell, exchange or otherwise alienate,
encumber or dispose of any immovable property for
the purpose of the Corporation;
(b) enter into and perform or carry out, whether directly
or through any officer or agent authorized in that
behalf by the Corporation, all such contracts or
agreements as may be necessary for the attainment
of the objects or the exercise of the powers of the
Corporation;
(c) accept gifts, donations and bequests in cash or in
kind;
(d) invest its funds, and to maintain current, deposit
and savings accounts in any bank;
(e) borrow or invest money for the pusposes of the
Corporation in such manner and upon such security
as the Corporation may think fit; and
(f) appoint, employ, transfer, exercise disciplinary
control over and dismiss officers and servants
required for the carrying out of the objects of the
Corporation.
4 Kottawa Sri Punyabiwardanaarama Viharasthana
Performance Society (Incorporation)
Act, No. 60 of 2009
Rules of the 6. (1) It shall be lawful for the Corporation, from time
Corporation. to time, at any general meeting of the members and by votes
of at least two-thirds of the members present and voting
to make such rules, not inconsistent with the provisions of
this Act, or any other written law, for the admission,
withdrawal or expulsion of members, election of the office
bearers of the Board and otherwise generally, for the
management of the affairs of the Corporation and the
attainment of its objects including rules providing for the
filling of any vacancy in the Board.
(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 at all times be
subject to the rules of the Corporation.
Fund of the 7. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter received by way of gifts,
testamentary dispositions, transfers, donations, subscriptions,
contributions, fees or grants or any financial investment shall
be deposited to the credit of the Corporation in one or more
banks as may be determined by the Board.
(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.
Audit and 8. (1) The financial year of the Corporation shall be
Accounts. 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.
Kottawa Sri Punyabiwardanaarama Viharasthana 5
Performance Society (Incorporation)
Act, No. 60 of 2009
(3) The accounts of the Corporation shall be audited by
a qualified auditor appointed by the Board.
(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, possesses a certificate
to practice as an Accountant issued by
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 such Institute.
9. The seal of the Corporation shall be in the custody of Seal of the
the Secretary and shall not be affixed to any instrument Corporation.
whatsoever, except in the presence of the Chairman and the
Secretary of the Corporation or such other person duly
authorized by 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.
10. All debts and liabilities of the Society existing on Debts due by
the day preceding the date of commencement of this Act and payable to
the Society.
shall be paid by the Corporation hereby constituted and all
debts due to, subscriptions and contributions payable to the
Society on that day shall be paid to the Corporation for the
purpose of this Act.
11. Subject to the provisions of this Act, the Corporation Corporation
may hold
shall be able and capable in law to acquire and hold any
property
property, movable or immovable, which may become vested movable and
in it by virtue of any purchase, grant, gift, testamentary immovable.
disposition or otherwise, and all such property shall be held
6 Kottawa Sri Punyabiwardanaarama Viharasthana
Performance Society (Incorporation)
Act, No. 60 of 2009
by the Corporation for the purposes of the Corporation
and subject to the rules of the Corporation made under
section 6 with full power to sell, mortgage, lease, exchange
or otherwise dispose of, the same.
Property 12. If upon the dissolution of the Corporation, there
remaining on remains after the satisfaction of all debts and liabilities, any
dissolution.
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 Corporation and which is or
are by the rules thereof prohibited from distributing any
income or profit 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 dissolution of the Corporation.
Saving of the 13 Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body politic or
Republic and
corporate.
others.
Sinhala text to 14. In the event of any inconsistency between the
prevail in case of Sinhala and the Tamil texts of this Act, the Sinhala text shall
inconsistency.
prevail.

Kottawa Sri Punyabiwardanaarama Viharasthana 7
Performance Society (Incorporation)
Act, No. 60 of 2009
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