63of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
THALIYAWAKA ANANDA BODHI CULTURAL
FOUNDATION (INCORPORATION)
ACT, No. 63 OF 2009
[Certified on 30th 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 30, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00
Thaliyawaka Ananda Bodhi Cultural 1
Foundation (Incorporation) Act, No. 63 of 2009
[Certified on 30th October, 2009]
L.D.—O.Inc. 17/2007
ANACTTO INCORPORATE THE THALIYAWAKA ANANDA BODHI
CULTURALFOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Badalgama Thaliyawaka Ananda Bodhi Cultural
Foundation” has been established in Sri Lanka 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 heretofore
successfully Carried out and transacted the several objects
and matters for which the said Foundation was created and
has applied to be incorporated and it will be for the public
advantage to grant the 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 Thaliyawaka Short title.
Ananda Bodhi Cultural Foundation (Incorporation)
Act, No. 63 of 2009.
2. From and after the date of commencement of Incorporation of
this Act, such and so many persons as presently are the Thaliyawaka
Ananda Bodhi
members of the “Thaliyawaka Sri Ananda Bodhi Cultural Cultural
Foundation” (hereinafter referred to as the “Foundation”) Foundation.
and shall hereafter be admitted as members of the Corporation
hereby constituted shall be a body corporate (hereinafter
referred to as “the Corporation”) with perpetual succession
under the name and style of the “Thaliyawaka Ananda
Bodhi Cultural Foundation” and by that name may sue
and be sued with full power and authority to have and to use
a common seal and to alter the same at its pleasure.
2 Thaliyawaka Ananda Bodhi Cultural
Foundation (Incorporation) Act, No. 63 of 2009
General Objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to give assistance and aid in every respect for the
conservation and development of historical
places of Buddhist religious importance and all the
relevant ancient artifacts declared by or under law
made by Parliament to be of national importance;
(b) to implement environmental friendly programmes
for and to implement training programmes to raise
awareness among the adherents of the Buddhist faith
regarding the need to protect natural resources
declared by or under law made by Parliament to be
of national importance;
(c) to render assistance to economically disadvantaged
farmer families who are adherents of the Buddhist
faith in relation to the obatining of housing facilities;
(d) to supply materials needed for the restoration
of Pre-Schools establishd for adherents of the
Buddhist faith which find it difficult to function
and to encourage qualified teachers to engage in
educational activities in such pre-schools;
(e) to establish Vocational Training Centres for the
benefit of the unemployed youth among adherents
of the Buddhist faith;
(f) to develop religious centers in villages where
people of low income groups who are adherents
of the Buddhist faith are in the majority and to assist
in promoting religious education among adherents
of the Buddhist faith;
(g) to implement community programmes for adherents
of the Buddhist faith for the protection of forest
resources, to give assistance for community
Thaliyawaka Ananda Bodhi Cultural 3
Foundation (Incorporation) Act, No. 63 of 2009
reforestation projects and programmes and to
introduce modern soil conservation methods
among adherents of the Buddhist faith while
encouraging natural soil conservation methods to
prevent reduction of soil fertility declared by or under
law made by Parliament to be of national
importance; and
(h) to render assistance to promote local agriculture and
for restoring tanks and anicuts needed for
agricultural purposes declared by or under law made
by Parliament to be of national importance.
4. Subject to the provisions of this Act, and any other Power of the
written law, the Corporation shall have the power— Corporation to
acquire property,
invest funds, and
(a) to acquire and hold, purchase, rent, construct and raise loans etc.
otherwise obtain lands or buildings which may be
required for the purposes of the Corporation;
(b) to borrow or raise money from Government
approved Banks and other institutions (foreign
and local) for the purposes of the Corporation with
the approval of the Executive Committee;
(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 bank
accounts;
(d) to invest any funds not immediately required for the
purposes of the Corporation, in such manner as the
Executive Committee may think fit;
(e) to solicit and receive subscriptions, grants, donations
and gifts of all kinds;
(f) to enter into agreements or contracts with any person,
company or body of persons;
4 Thaliyawaka Ananda Bodhi Cultural
Foundation (Incorporation) Act, No. 63 of 2009
(g) to undertake, accept, execute, perform and
administer any lawful trusts and conditions
affecting any real or personal property acquired or
in the possession of the Corporation;
(h) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corporation and to
pay them such salaries, allowances and gratuities as
may be determined by the Corporation;
(i) to train personnel in Sri Lanka or abroad for the
purpose of the Corporation; and
(j) to do all other things necessary or expedient for the
proper and effective carrying out of the objects of
the Corporation.
Management of 5. (1) The affairs of the Corporation shall subject to
the affairs of the
the rules of the Corporation made under section 8 for the
Corporation.
time being of the Corporation be administered by an
Executive Committee consisting of the Executive Director,
President, Secretary, Treasurer, Vice President, Administrative
and Propaganda Secretary, Assistant Secretary and three
co-secretaries.
(2) The first Executive Committee of the Corporation
shall consist of the members of the Executive Committee of
the Foundation holding office on the day immediately
preceding the date of commencement of this Act.
Application of 6. The income and property of the Corporation shall be
income and applied solely towards the promotion of the objectives set
property of the
forth herein and no portion thereof shall be paid or transferrd,
Corporation.
directly or indirectly by way of dividend, loan, bonus, profit
or otherwise to the members of the Corporation.
Fund of the 7. (1) The Corporation shall have its own fund and all
Corporation. moneys received by way of donation, testamentary
disposition, transfer, contributions or fees shall be deposited
in the name of the Corporation in one or more Banks as the
Executive Committee shall determine.
Thaliyawaka Ananda Bodhi Cultural 5
Foundation (Incorporation) Act, No. 63 of 2009
(2) The Executive Committee may create any
depreciation fund, reserve or sinking fund for the
rehabilitation, improvement and development of the property
of the Corporation.
(3) There shall be paid out of the fund, all such sums of
money as may be incurred as expenditure by the Corporation
in the exercise, performance and discharge of its powers,
duties and functions under this Act.
8. (1) It shall be lawful for the Corporation from time to Rules of the
time at any Meeting of the Corporation and by a majority of Corporation.
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 the following matters:—
(a) classification of membership and admission,
withdrawal or expulsion of members;
(b) the election of the office bearers, the resignation
from or vacation of, or removal from office of
office bearers and their powers, conduct and duties;
(c) the election of the members of the Executive
Committee, its powers, conduct and duties and the
terms of office of members of the Executive
Committee;
(d) the powers, conduct, duties and functions of the
various officers, agents and servants of the
Corporation;
(e) the procedure to be observed at the summoning
and holding of meetings of the Executive
Committee and of the Council, the time, place,
notice and agenda of such meeting, the quorum
therefor and the conduct of business thereat;
(f) the administration and management of the property
of the Corporation, the custody of its funds and the
maintenance and audit of its accounts; and
6 Thaliyawaka Ananda Bodhi Cultural
Foundation (Incorporation) Act, No. 63 of 2009
(g) generally, for 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.
Audit and 9. (1) The financial year of the Corporation shall be the
Accounts. 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, possesses a
certificate to practice 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.
The Corporation 10. The Corporation shall be able and capable in law, to
may hold acquire and hold any property movable or immovable which
property
may become vested in it by virtue of purchase, grant, gift,
movable or
immovable. testamentary disposition or otherwise, and all such property
Thaliyawaka Ananda Bodhi Cultural 7
Foundation (Incorporation) Act, No. 63 of 2009
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, it shall have full power to sell, mortgage, lease,
exchange or otherwise dispose of the same.
11. The Corporation shall be a non-profit organization Corporation to
and no part of the gains, profit or dividends, if any, of the be a non-profit
organization.
Corporation shall be distributed among the members of the
Corporation.
12. All debts and liabilities of the Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable to
the Foundation.
of this Act, shall be paid by the Corporation hereby
constituted, and all debts due to, subscriptions and
contributions payable to the Foundation on that day shall be
paid to the Corporation for the purposes of this Act.
13. No member of the Corporation shall for the purpose Limitation of
of discharging the debts and liabilities of the Corporation or liabilities of
members.
for any other purpose be liable to make any contribution
exceeding the amount due from such members as membership
fees.
14. The seal of the Corporation shall be in the custody Seal of the
of such person as may be determined by the Executive Corporation.
Committee and it shall not be affixed to any instrument
whatsoever except in the presence of the President and another
member of the Executive Committee 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.
15. If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities, remaining upon
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
8 Thaliyawaka Ananda Bodhi Cultural
Foundation (Incorporation) Act, No. 63 of 2009
distributing any income or property among its or their
members. Such institution or institutions shall be determined
by the Committee of Management at or immediately before,
the dissolution of the Corporate.
Saving of the 16. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of anybody politic or
Republic and
Corporation.
others.
Sinhala text to 17. 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.
Thaliyawaka Ananda Bodhi Cultural 9
Foundation (Incorporation) Act, No. 63 of 2009
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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