Free Nursery and Welfare Complex (Incorporation) Act 2009

This Act may be cited as the Free Nursery and Welfare

Complex (Incorporation) Act, No. 31 of 2009.

From and after the date of commencement of this Act, such and so many persons as presently are members of the

Free Nursery and Welfare Complex (hereinafter referred to as the “Complex”) or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate with perpetual succession under the name and style of the

“Free Nursery and Welfare Complex” (hereinafter referred to as the “Corporation”) and by that name may sue and be sued in all Courts, with full power and authority to have and use a common seal, and alter the same at its pleasure.

The general objects for which the Corporation is constituted are hereby declared to be—

to encourage, assist and advice on self-employment projects ;

to assist children and adults by providing necessary schools and educational institutes other than national schools enumerated in Appendix III of List 1 of the 9th Schedule to the Constitution, with accessory, educational and library facilities ;

to provide necessary financial assistance for the promotion of arts, literature, construction of images and modelling, production of television Dramas, films and stage plays, in order to develop the interest and skills of members and non members ;

to organize national and religious ceremonies and

to develop ational and international relationships by exchanging experience and technical knowledge and to organize excursions ;

to collect economical and human resources for the purpose of investigation and accumulation of information ;

to care for disabled persons and to provide homes for the aged ;

to protect the environment and to improve modern techniques of organic agriculture ; and

to print, publish and distribute books, journals, leaflets, newspapers and magazines which the

The affairs of the Corporation shall, subject to the other provisions of this Act and the rules made under section 8 of the Corporation, be administered by a Committee of Management consisting of a President and six other office bearers to be elected in the manner provided for by the rules of the Corporation.

The first Committee of Management of the

Notwithstanding anything to the contrary in subsection (1), of this section, Ven. Banagala Gunaratana

The Committee of Management shall cause to be maintained a register of members, in which the names of every person who was, on the day preceding the date of commencement of this Act, a member of the Complex and every person who thereafter is duly admitted a member of the

Every member whose name has been entered in the register maintained under subsection (1), shall be required to pay such amount, as annual membership fee as shall be determined by rules made in that behalf.

A member shall cease to be a member of the

Corporation in any one of the following circumstances:—

death of the member ;

Subject to the provisions of this Act and any other written law, the Corporation shall have the power to—

purchase, acquire, rent, construct and otherwise obtain lands or buildings which may be required for the purposes of the Corporation ;

borrow or raise money from any Government approved bank and other institutions (foreign and local) for the purposes of the Corporation with the approval of the Committee of Management ;

make, draw, accept, discount, endorse, negotiate, buy, sell and issue bills of exchange, cheques, promissory notes and other negotiable instrument and to open, operate, maintain and close bank accounts ;

invest funds not immediately required for the purposes of the Corporation, in such a manner as the

solicit and receive subscriptions, grants, donations and gifts of all kinds ;

enter into agreements or contracts with any person, company or body of persons ;

undertake, accept, execute, perform and administer any lawful trusts and conditions affecting any property ;

appoint, employ, dismiss or terminate the, services of officers and servant of the Corporation and to pay them such salaries, allowances and gratuities as may be determined by the Corporation ;

train personnel in Sri Lanka or abroad for the purposes of the Corporation ; and

do all such other acts or things as may be necessary or conducive to the carrying out of the objects of the

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, for the following matters :—

Any rules 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 be subject to the rules of the Corporation made under this section.

The Corporation shall have its own fund and all moneys received by way of gifts, bequests, donations, subscriptions, and contributions, fees or grants on account of the Corporation shall be deposited in a bank or banks approved by the Committee of Management to the credit of the Corporation.

There shall be paid out of the Fund, all sums of money, required to defray any expenditure incurred by the

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.

The accounts of the Corporation shall be audited by a qualified auditor.

In this section, “qualified auditor” means—

All debts and liabilities of the Complex existing on the day immediately preceding the date of commencement of this Act, shall be paid by the Corporation hereby constituted, and all debts due to and subscription due and payable to the Complex on the day immediately preceding the date of commencement of this Act, shall be paid to the

Corporation hereby constituted.

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 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. The members of the Corporation shall determine such institution or institutions at the time of dissolution of the Corporation or prior its dissolution.

The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the

President, Secretary and one member duly authorized by the

Corporation 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.

Nothing in this Act contained shall prejudice or affect the rights of the Republic or any body politic or corporate.

In the event of any inconsistency between the

Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.