ACT, No. 44 OF 2007

44of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SEETHAWAKA MANIYANGAMA
RAJAMAHA VIHARASTHA SANWARDHANA
SABHAWA (INCORPORATION)
ACT, No. 44 OF 2007
[Certified on 12th October, 2007]
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 12, 2007
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00

Seethawaka Maniyangama Rajamaha Viharastha 1
Sanwardhana Sabhawa (Incorporation) Act, No. 44 of 2007
[Certified on 12th October, 2007]
L. D.—O. INC 16/2004
ANACT TO INCORPORATE THE SEETHAWAKA MANIYANGAMA
RAJAMAHAVIHARASTHA SANWARDHANA SABHAWA
WHEREAS a Society called and known as the “Seethawaka Preamble.
Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa”
has heretofore been formed for the purpose of development
and maintenance of the Seethawaka Maniyangama Rajamaha
Vihara and all Vihara, Aramayas, Shrines and institutions
belonging, affiliated or connected to, it and for effectually
carrying out and transacting all objects and matters connected
with the said Society :
AND WHEREAS the said 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 is 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 Seethawaka Short title.
Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa
(Incorporation) Act, No. 44 of 2007.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are the members of the the Seethawaka
Maniyangama
Seethawaka Maniyangama Rajamaha Viharastha
Rajamaha
Sanwardhana Sabhawa (hereinafter referred to as the Viharastha
“Society”) or shall hereafter be admitted members of the Sanwardhana
Corporation hereby constituted, shall be a body corporate Sabhawa.
(hereinafter referred to as the “Corporation”) with perpetual
succession, under the name and style of the “Seethawaka
Maniyangama Rajamaha Viharastha Sanwardhana Sabhawa”
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—PL002181–3,300 (06/2007)
2 Seethawaka Maniyangama Rajamaha Viharastha
Sanwardhana Sabhawa (Incorporation) Act, No. 44 of 2007
General Objects 3. The general objects for which the Corporation is
of the instituted are hereby declared to be—
Corporation.
(a) to construct and maintain buildings and other
infrastructural facilities required for Seethawaka
Maniyangama Rajamaha Viharaya ;
(b) to provide the resident Bhikkus of the Seethawaka
Maniyangama Rajamaha Viharaya, with necessary
educational facilities and to supply their daily
needs;
(c) to award scholarships, fellowships, prizes and
bursaries to Buddhist monks and Buddhist laity with
a view to promoting the study of, and research into,
Buddhism and Buddhist, philosophy ;
(d) to foster, promote and protect the Buddha Sasana
and to inculcate the teachings of Lord Buddha and
the values of Buddhism, among the Buddhist ;
(e) to provide appropriate educational training to the
Maha Sangha ;
(f) to establish and maintain educational institutions,
including dhamma schools, pirivenas and training
centers, for the benefit of Buddhists ;
(g) to establish and maintain libraries, information and
resource centers for the benefit of the Buddhists ;
(h) to organize Buddhist festivals and to preserve the
Buddhist traditions and Buddhist culture ; and
(i) to organize and implement cultural and social
development services.
Seethawaka Maniyangama Rajamaha Viharastha 3
Sanwardhana Sabhawa (Incorporation) Act, No. 44 of 2007
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
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 open, operate and close bank
accounts, to borrow or raise moneys, with or without security,
to receive or collect grants and donations, to invest its funds
and to engage, employ and dismiss such officers and servants
as are required for the carrying out of the objects of the
Corporation.
5. (1) The management of the affairs of the Corporation Management of
shall, subject to the provisions of this Act and the rules of the the affairs of the
Corporation.
Corporation be administered by a Board of Management
(hereinafter referred to as the “Board”) consisting of the office
bearers and such other persons as may be provided for in the
rules of the Corporation and elected in accordance therewith.
(2) The first Board of the Corporation 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.
6. (1) It shall be lawful for the Corporation from time to Reles of the
time, at any general meeting of the Corporation and by Corporation.
majority of not less than two thirds of the members present
and voting, to make rules not inconsistent with provisions of
this Act or any other written law, for the admission, withdrawal
or expulsion of members, for the election of office bearers,
for the performance of the duties of the office bearers, the
Board and of the various officers, agents and of the servants
of the Corporation, for the procedure to be followed in the
transaction of business at meetings of the Corporation and of
the Board and otherwise generally, for the management of
the affairs of the Corporation and the accomplishment of its
objects. Such rules when made may at a like meeting and in
like manner, be altered, added to, amended or rescinded.
(2) The members of the Corporation shall be subject to the
rules of the Corporation.
4 Seethawaka Maniyangama Rajamaha Viharastha
Sanwardhana Sabhawa (Incorporation) Act, No. 44 of 2007
Accounts and 7. (1) The financial year of the Corporation shall be the
audit. 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 at
least once in every year by a qualified auditor appointed by
the Board.
(4) In this section “qualified auditor” means—
(a) 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
the Council of such Institute ; or
(b) 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
Fund of the 8. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter to be received by way of gifts,
bequests, donations, subscriptions, contributions fees or
grants for and on account of the Corporation shall be deposited
to the credit of the Corporation in one or more bank as the
Board shall determine.
(2) All expenses borne by the Corporation in the exercise
and discharge of the powers and functions of the Corporation
shall be paid out of the fund of the Corporation.
Debts due by 9. All debts and liabilities of the Society existing on the
and payable to day preceding the date of commencement of this Act, shall
the Society.
be paid by the Corporation hereby constituted, and all debts
due to and subscriptions and contributions payable to the
said Society on that day, shall be paid to the Corporation
hereby constituted.
Seethawaka Maniyangama Rajamaha Viharastha 5
Sanwardhana Sabhawa (Incorporation) Act, No. 44 of 2007
10. The Corporation shall be able and capable in law to Corporation may
take and hold any property movable or immovable, which hold property
movable or
may become vested in it by virtue of any purchase, grant,
immovable.
gift, testamentary disposition or otherwise, and all such
property shall be held by the Corporation for the purposes of
this Act, with full power to sell, mortgage, rent, lease, exchange
or otherwise dispose of the same.
11. If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities, remaining on
dissolution.
any property whatsoever, 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 the rules thereof prohibited from distributing any
income or property among its or their members. Such
institution or institutions shall be determined by the Board
at, or immediately before, the dissolution of the Corporation.
12. The seal of the Corporation shall not be affixed to Seal of the
any instrument, whatsoever except in the presence of the Corporation.
Chairman, the Secretary or the Treasurer of the Corporation
who shall sign their names to instrument in token of their
presence and such signing shall be independent of the signing
of any person as a witness.
13. Nothing in this Act contained shall prejudice or Saving of the
affect the rights of the Republic, or of any body politic or rights of the
Republic and
corporate,or of any other persons.
others.
14. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case of
any
prevail.
inconsistency.

6 Seethawaka Maniyangama Rajamaha Viharastha
Sanwardhana Sabhawa (Incorporation) Act, No. 44 of 2007
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