Act of Parliament · As enacted
Foundation of Rural Workers and Allied Rural Resources Development (Incorporation) Act 2009
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
s 1Short title
This Act may be cited as the Foundation of Rural
Workers and Allied Rural Resources Development
(Incorporation) Act, No. 70 of 2009.
s 2Incorporation of the Foundation of Rural Workers and Allied Rural Resources Development
From and after the date of commencement of this
Act, such and so many persons as now are members of the
“Foundation of Rural Workers and Allied Rural Resources
Development” (hereinafter referred to as the “Foundation”)
or shall hereafter be admitted 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 “Foundation of Rural
Workers and Allied Rural Resources Development” and by that name may sue and be sued, with full power and authority to have and use a common seal and alter the same at its pleasure.
2
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009
The general objects for which the Corporation is constituted are hereby declared to be—
to promote activities in order to alleviate poverty and overcome economical, social and cultural deficiency among rural communities;
to bring amity, peace and harmony among rural and plantation communities irrespective of cast, race, religious and ethnic variations;
to develop socio-economic conditions of rural and plantation communities through education, self-employment, vocational training, small entrepreneurship and all other viable means;
to establish, maintain and promote projects for the development of agricultural, horticultural, livestock, other rural and cottage industries and find marketing opportunities for such industries;
to deveolp through unity and mutual understanding the social status of rural workers and to minimize the social setback of lower income group;
to promote special programmes for women to integrate themselves in to overall development and gender equality;
to grant financial assistance, arrange bank loans and obtain government subsidies for rural and plantation sectors;
to organize seminars, workshops, study visits, lectures and discussions, grant scholarships and awards, organize sports and cultural activities in order to develop skills in rural and plantation sectors;
3
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009
to establish pre-schools, parks, play grounds and community centers to develop the mental and physical growth of children in the rural and plantation sectors;
to provide medical facilities for the rural and plantation sectors through the conduct of mobile medical clinics and the provision of medical equipment and medicinal drugs; and
to print, publish and distribute leaflets, newspapers, magazines and books for the promotion of objects of the Corporation.
In the implementation of the objects specified in subsection (1), the Corporation shall ensure that such implementation is carriedout to the greatest extends possible without-distinction based on race, caste, religion, language, sex or political opinion.
The affairs of the Corporation shall, subject to the rules of the Corporation made under section 6, be administered by a Board of Governors (hereinafter referred to as the “Board”) consisting of the Chairman, Vice Chairman and other office bearers elected or appointed in accordance with the rules of the Corporation made under section 6.
The first Board shall consist of the members of the
Board of Governors of the Foundation holding office on the day immediately preceding the date of commencement of this Act.
s 5General powers of the Corporation
Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, 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—
acquire, hold, take or give on lease or hire, mortgage pledge, sell, exchange, or otherwise alienate,
4
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009
encumber or dispose of any immovable property for the purposes of the Corporation;
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;
accept gifts, donations and bequests in cash or in kind;
invest its funds, and to maintain currtent, deposit and savings accounts in any bank;
borrow or invest money for the purposes of the
Corporation in such manner and upon such security as the Corporation may think fit; and
appoint, employ, transfer, exercise disciplinary control over and dismiss officers and servants required for the carrying out of the objects of the
Corporation.
It shall be lawful for the Corporation from time to 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 on all or any of the following matters:—
the classification of membership and the admission, withdrawal or expulsion of members;
the election of office-bearers, the resignation from or vacation of, or removal from offcie of, office bearers and their powers and duties;
5
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009
the election of members of the Board and its powers conduct and duties;
the powers, duties and functions of the various officers, agents and servants of the Corporation;
the procedure to be observed or the summoning and holding of meetings of the Board, the time, places, notices and agenda of such meetings and the quorum therefor and the conduct of business thereat; and
the administration and management of the property of the Corporation and the custody of its funds.
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).
The members of the Corporation shall at all times be subject to the rules of the Corporation.
The Corporation shall have its own fund and all 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 fund of the Corporation in one or more Banks as may be determined by the Board.
All expenses incurred in the Corporation in exercising and discharging its powers and functions shall be paid out of the fund.
The financial year of the Corporation shall be the calendar year.
The Corporation shall cause proper accounts to be kept of its income and expenditure, assets and liabilities and all other transactions of the Corporation.
6
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009
The accounts of the corporation shall be audited by a qualified auditor appointed by the Board.
In this section, “qualified auditor ” means —
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
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.
s 9The Seal of the Corporation
The seal of the Corporation shall be in the custody of such person as the Board may from time to time determine and shall not be affixed to any instrument whatsoever except with the sanction of the Board and in the presence of atleast two members of the Board 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. The seal may be altered in such manner as may be determined by the Board.
s 10Debts due by and payable to the Foundation
All debts and liabilities of the Foundation existing on the day preceding the date of commencement of this Act shall be paid by the Corporation hereby constituted and all debts due to, subscription and contributions payable to the
Foundation on that day shall be paid to the Corporation for the purposes of this Act.
s 11Limitation of liability of members
No member of the Corporation shall, for the purpose of discharging the debets and liabilities of the Corporation or for any other purpose, be liable to make any contribution exceeding the amount of such membership fees as may be due from him to the Corporation.
7
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009
s 12Application of moneys and property
The moneys and property of the Corporation however derived shall be applied solely towards the promotion of its objects as set forth herein and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus, profit or otherwise howsoever to the members of the Corporation.
s 13Corporation may hold property movable and immovable
Subject to the provisions of this Act, the
Corporation shall be able and capable in law to acquire and hold any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift testamentary disposition or otherwise, and all such property shall be held 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.
s 14Property remaining on dissolution
If upon the dissolution of the Corporation there remains after the satisfaction of all its debts and liabilities, any property whatsoever, such property, shall not be distributed among members of the Corporation but shall be given or transferred to some other association or associations having objects, similar to the objects of the Corporation, and which is, or are by the rules thereof prohibited from the distributing of 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.
s 15Saving of the rights of the Republic and others
Nothing in this Act contained shall prejudice or affect the rights of the Republic or of any body politic or corporate.
s 16Sinhala text to prevail in case of any inconsistency
In the event of any inconsistency between the
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
8
Foundation of Rural Workers and Allied Rural
Resources Development (Incorporation)
Act, No. 70 of 2009