MAHANUWARA ESALA PERAHERA TRUST ACT

Arrangement of Sections

1. Short title.

2. Establishment of the Mahanuwara Esala Perahera Trust.

3. The Board of Managing Trustees and meetings.

4. Custodian Trustee.

5. The seal of the Trust.

6. The objects of the Trust.

7. Powers, duties and functions of the Trust.

8. Advisory Committee.

9. Board to consult Advisory Committee on certain matters.

10. Establishment of Fund of the Trust.

11. Powers, duties, and functions of the Custodian Trustee.

12. Payments into the Fund.

13. Investment of money in Fund.

14. Trust deemed to be a charitable trust.

15. Exemption of Trust from certain duties and fees.

16. Accounts and audit.

17. Financial year of the Trust.

18. Expenses of the Trust.

19. Issue of licences.

20. Offences and Penalties.

21. Protection of members of the Board and officers of the Trust for action under this Act.

22. No writ to issue against person or property of member of the Trust.

23. Officers and servants of the Trust deemed to be public servants under the Penal Code.

24. Trust deemed to be scheduled institution within the meaning of the Bribery Act.

25. Interpretation.

34 of 1980.

AN ACT to provide for the establishment of a trust called the Mahanuwara Esala Perahera Trust, for the purpose of assisting financially and in other ways the Sri Dalada Maligawa and the four Devales of Kandy to conduct the Esala Perahera; and to provide for all matters connected therewith or incidental thereto.

[Date of Commencement: 19th September, 1980]

1. Short title.

This Act may be cited as the Mahanuwara Esala Perahera Trust Act.

2. Establishment of the Mahanuwara Esala Perahera Trust.

(1) There shall be established a Trust which shall be called "the Mahanuwara Esala Perahera Trust” (hereinafter referred to as” the Trust”) for the purposes of achieving the objects specified in section 6.

(2) The Trust shall by the name assigned to it by subsection (1) be a body corporate and have perpetual succession and a common seal and may sue and be sued in such name.

3. The Board of Managing Trustees and meetings.

(1) The Trust shall be administered by a Board of Managing Trustees (hereinafter referred to as the "Board”), consisting of the following members—

(a) the Diyawadana Nilame of the Sri Dalada Maligawa who shall be the Chairman of the Board;

(b) the Government Agent of the administrative district of Kandy; and

(c) the Basnayake Nilame of one of the four Devales of Kandy appointed by the President.

(2) The member appointed under paragraph (c) of
subsection (1) shall hold office as a member of the Board only so long as he holds the office by virtue of which he was appointed:

Provided, however, that the President may at any time remove such member without assigning any reason therefor, and appoint another member in his place.

(3) The Chairman of the Board shall preside at the meetings of the Board, or in his absence the Government Agent of the administrative district of Kandy shall preside at such meetings.

(4) The Chairman or other member presiding at a meeting of the Board shall, in addition to his own vote, have a casting vote.

(5) The quorum for a meeting of the Board shall be two members.

(6) The Board may act notwithstanding any vacancy among its members.

(7) Notice of every meeting of the Board shall be sent by registered post to the Custodian Trustee referred to in section 4 who may attend such meeting but shall not be entitled to vote at such meeting.

4. Custodian Trustee.

The Public Trustee appointed under section 2 of the Public Trustee Ordinance shall be the Custodian Trustee of the Trust.

5. The seal of the Trust.

(1) The seal of the Trust shall be in the custody of the Chairman of the Board and shall not be affixed to any instrument or document except with the sanction of the Board and in the presence of two members of the Board who shall sign such instrument or document in token of their presence.

(2) There shall be maintained a register in which particulars of any instrument or document on which the seal was affixed shall be entered.

6. The objects of the Trust.

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