PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
DAMPE, MEEGODA,
BODHIWARDHANARAMA
SRI MADURASAMA PIRIVEN VIHARASTHA
SANWARDHANA SABHAWA
(INCORPORATION) ACT, No. 22 OF 2014
[Certified on 23rd July, 2014]
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 July 25, 2014
PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA
TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 12.00 Postage : Rs. 20.00
Dampe, Meegoda, Bodhiwardhanarama 1
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
[Certified on 23rd July, 2014]
L.D.—O. (Inc) 30/2010.
A N A CT TO INCORPORATE THE D AMPE , M EEGODA ,
BODHIWARDHANARAMA SRI MADURASAMA PIRIVEN VIHARASTHA
SANWARDHANA SABHAWA
WHEREAS a Sabhawa called and known as the “Dampe, Preamble.
Meegoda, Bodhiwardhanarama Sri Madurasama Piriven
Viharastha Sanwardhana Sabhawa” has heretofore been
established in Sri Lanka, for the purpose of effectually
carrying out its objects and transacting all matters connected
with the said Sabhawa according to the rules agreed to by its
members:
AND WHEREAS the said Sabhawa 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 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 Dampe, Meegoda, Short title.
Bodhiwardhanarama Sri Madurasama Piriven Viharastha
Sanwardhana Sabhawa (Incorporation) Act, No. 22 of 2014.
2. (1) From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the the Dampe,
Meegoda,
“Dampe, Meegoda, Bodhiwardhanarama Sri Madurasama Bodhiwardhanarama
Piriven Viharastha Sanwardhana Sabhawa” (hereinafter Sri Madurasama
referred to as the "Sabhawa") or shall hereafter be admitted Piriven Viharastha
Sanwardhana
as members of the Corporation hereby constituted, shall be Sabhawa.
a body corporate with perpetual succession, under the name
and style of the "Dampe, Meegoda, Bodhiwardhanarama
Sri Madurasama Piriven Viharastha Sanwardhana Sabhawa"
2—PL 005348—2000 (07/2014)
2 Dampe, Meegoda, Bodhiwardhanarama
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
(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 organization within the meaning, and for the
purpose of the Voluntary Social Services Organizations
(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.
General objects 3. (1) The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to protect and foster Buddhism;
(b) to conduct activities for the promotion of religious
favour among Buddhist;
(c) to ordain Buddhist youth with the requisite
qualifications and religious devotion and provide
them with the four requisites;
(d) to teach the Dhamma and Vinaya to monks, to train
them in Yoga exercises and to make them proficient
in Pali, Sinhala and other oriental and western
languages;
(e) to foster and maintain Sri Ratnakara Dhamma
School and to assist the relevant authorities to
establish and maintain other Dhamma Schools for
the purpose of providing knowledge of the Dhamma
among the younger generation of the Buddhist;
(f) to establish, develop and maintain a Dhamma
library;
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Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
(g) to provide assistance by way of scholarships, cash
or otherwise to monks, volunteers and other persons
of the Buddhist faith, engaged in the furtherance of
the objects of the Corporation;
(h) to maintain buildings owned by the Dampe,
Meegoda, Bodhiwardhanarama Sri Madurasama
Pirivena and to construct and maintain new
buildings as and when necessary;
(i) to maintain cordial relations with other Buddhist
organizations in and out side Sri Lanka;
(j) to organise welfare activities pertaining to the
social, cultural and economic upliftment of the
members of the Corporation; and
(k) to develop and maintain Dampe Madhurasama
Mulika Pirivena.
(2) In the implementation of the objects specified in
subsection (1) the Corporation shall ensure that such
implementation shall be carried out without any distinction
based on race, language, caste, sex, political opinion, place
of birth or any of such grounds.
4. The objects of the Corporation shall be carried out in Corporation to
such manner so as not to create any conflict between the ensure no
conflict with
work of the Corporation and any work being carried out work of
simultaneously by any Ministry or Department of the Ministry or
Government or of any Provincial Council. Department of
the Government
or Province.
5. (1) Subject to the provisions of this Act the Management of
management and administration of the affairs of the the affairs of the
Corporation.
Corporation shall be carried out by an Executive Committee
(hereinafter referred to as the “Committee”) consisting of
such number of office bearers as may be specified by the
rules made under section 7.
4 Dampe, Meegoda, Bodhiwardhanarama
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
(2) (a) The Committee of the Sabhawa holding office on
the day immediately preceding the date of commencement
of this Act, shall function as the Committee of the Corporation
until the first Committee is appointed or elected in the
manner provided for by rules made under section 7.
(b) The first Committee 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 Committee including
the patrons and advisors, shall be appointed or elected for a
period of three years and any such office bearer, patron or
advisor 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 Committee 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.
Powers of the 6. Subject to the provisions of this Act and any other
Corporation. 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, rent, construct, or renovate 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;
Dampe, Meegoda, Bodhiwardhanarama 5
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
(b) to borrow or raise funds with or without securities
and to receive grants, gifts or donations in cash or
kind:
Provided that, the committee shall obtain the
prior written approval of the Department of Externeal
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 Committee may determine;
(e) to undertake, accept, execute, perform and
administer any lawful turst or any real or personal
property with a view to promoting the objects of the
Corproation;
(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 organize 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.
6 Dampe, Meegoda, Bodhiwardhanarama
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
Rules of the 7. (1) It shall be lawful for the Corporation, from time to
Corporation. time, at any general meeting of the Corporation 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, for all or any
of the following matters:–
(a) the classification of membership, admission,
withdrawal, expulsion or resignation of members
and fees payable by the members;
(b) the election of office bearers of the Committee or
vacation of or removal from office of office bearers
and the powers, duties and functions of the office
bearers;
(c) the terms and conditions of appointment, powers,
functions and duties of various officers, agents and
servants of the Corporation;
(d) the procedure to be followed for the summoning
and holding of meetings of the Committee or any
sub-committee thereof, notices and agenda of such
meetings, the quorum and the conduct of business
thereat;
(e) the qualifications and disqualifications to be a
member of the Committee and the Corporation;
(f) the administration and management of the property
of the Corporation; and
(g) generally the management of the affairs of the
Corpration and the accomplishment of its’ objects
and dissolution of the Corporation.
(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) of this section.
(3) The members of the Corporation shall at all times be
subject to the rules of the Corporation.
Dampe, Meegoda, Bodhiwardhanarama 7
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
8. The Committee shall maintain a register of members Register of
in which name, address and other essential details of the members.
members shall be inscribed.
9. (1) The Corporation shall have its own Fund. Fund of the
Corporation.
(2) All moneys received by way of a gift, bequest, donation,
subscription, contribution, fees or grants for and on
account of the Corporation shall be deposited in one or more
banks approved by the Committee to the credit of the
Corporation.
(3) There shall be paid out of the Fund, all sums of money
as are required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of its
powers, duties and functions under the Act.
10. (1) The financial year of the Corporation shall be Accounts and
the calendar year. Auditing .
(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
annually by the Auditor General or a qualified auditor
appointed by Auditor General in terms of Article 154 of the
Constitution.
(4) For the purposes of 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
8 Dampe, Meegoda, Bodhiwardhanarama
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
(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.
Annual Report. 11. (1) The Committee shall prepare a report of the
activities of the Corproation for each financial year and
submit such report together with the audited statement of
accounts to the Secretary of the Ministry of the Minister
assigned the subject of Buddhasasana and Religious Affairs
and to the Registrar of Voluntary Social Services
Organizations appointed under the Voluntary Social
Services Organization (Registration and Supervision) Act,
No. 31 of 1980 before the expiration of six months of the
year succeeding the year to which such report relates.
(2) A statement of accounts relating to the foreign and
local moneys received by the Corporation during the
financial year shall be attached to the report referred to in
subsection (1).
Debts due by 12. All debts and liabilities of the Sabhawa existing on
and payable to the day immediatly preceding the date of commencement of
the Sabhawa.
this Act, shall be paid by the Corporation hereby constituted
and all debts due to and subscriptions and contributions
payable to the Sabhawa on that day shall be paid to the
Corporation for the purposes of this Act.
Corporation 13. Subject to the provisions of this Act, the Corporation
may hold shall be able and capable in law to take and hold any property,
property
movable and
movable or immovable, which may become vested in it by
immovable. virtue of any purchase, grant, gift, testementary disposition
or otherwise, and all such property shall be held by the
Corporation for the purpose of this Act and subject to the
rules of the Corporation made under section 7, with power
to sell, mortgage, lease, exchange or otherwise dispose of,
the same.
Dampe, Meegoda, Bodhiwardhanarama 9
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
14. The moneys and property of the Corporation however Application of
derived shall be applied solely towards the promotion of the moneys and
property.
objects of the Corporation and no portion thereof shall be
paid or transferred directly or indirectly by way of dividend,
bonus or profit to the members of the Corporation.
15. (1) The Seal of the Corporation shall not be affixed Seal of the
to any instrument whatsoever, except in the presence of two Corporation.
members of the Committee 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.
(2) The seal of the Corporation shall be in the custody of
an office bearer of the Committee as may be decided by such
Committee.
16. (1) 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 any other institution having objects
similar to those of the Corporation, and which is by the rules
thereof, prohibited from distributing any income or property
among its members.
(2) For the purposes of subsection (1) the appropriate
institution shall be determined by the members of
the Corporation immediately before the dissolution, at
a general meeting by the majority of votes of the
members present.
17. 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.
corporate.
18. 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 inconsistency.
prevail.
10 Dampe, Meegoda, Bodhiwardhanarama
Sri Madurasama Piriven Viharastha Sanwardhana
Sabhawa (Incorporation) Act, No. 22 of 2014
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