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As enacted

Act of Parliament

Gamage Arthur Perera Foundation (Incorporation) Act 2009

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

Official translationFrom Department of Government Printing, unchanged

s 1Short title

This Act may be cited as the Gamage Arthur Perera

Foundation (Incorporation) Act, No. 26 of 2009.

s 2Incorporation of the Gamage Arthur Perera Foundation

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

Arthur Perera Foundation” (hereinafter referred to as the

“Foundation”) or shall hereafter be admitted as members of the Corporation hereby constituted shall and become a body corporate with perpetual succession under the name and style of Gamage Arthur Perera Foundation (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.

s 3General Objects of the Corporation

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

(a)

to establish and maintain orphanages and homes for the aged in the name of Gamage Arthur Perera and to establish social welfare centres;

Gamage Arthur Perera Foundation (Incorporation)

(b)

to provide medical aid, food and housing to the poor, the destitute and the sick ;

(c)

to co-operate and associate with other associations, societies or organizations having objects similar to those of the Corporation ;

(d)

to sponsor and conduct conferences, seminars workshops, group studies and lectures in Sri Lanka and elsewhere, in furtherance of the objects of the

Corporation; and

(e)

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

Corporation may consider desirable for the promotion and advancement of its objects.

(1)

The affairs of the Corporation shall subject to the rules of the Corporation be administered by a Committee of

Management of not less than seven members including the

President, Honorary Secretary, two Vice-Presidents and

Treasurer to be elected in accordance with the rules in force for the time being of the Corporation.

(2)

The first Committee of Management of the

Corporation shall consist of the members of the Committee of Management of the Foundation holding office on the day immediately preceding the date of commencement of this

Act. Such first Committee of Management may hold office until holding of the first Annual General Meeting of the

Corporation.

s 5Powers 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 of them, including the power to open, operate or close bank accounts, to borrow or raise moneys, with or without security, to receive

Gamage Arthur Perera Foundation (Incorporation)

or collect grants and donations to invest its funds and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.

(1)

It shall be lawful for the Corporation from time to time, at any general meeting 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 other written law, for all or any of the following matters :—

(a)

the classification of membership and the 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 power, conduct and duties ;

(c)

the election of the members of the Committee of

Management and its powers, conduct and duties and the terms of office of members of the Committee of Management ;

(d)

the powers, conduct, duties and functions of the various officers, agents and servants of the

Corporation ;

(e)

the procedure to be observed for the summoning and holding of meetings of the Committee of

Management, the times, places, notices and agenda of such meetings, the quorum therefore 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

(g)

generally, for the management of the affairs of the

Corporation and the accomplishment of its objects.

Gamage Arthur Perera Foundation (Incorporation)

(2)

Any rule made by the Corporation may be amended, altered, added to or rescinded at a like manner as a rule may be made under sub-section (1).

(3)

The members of the Corporation shall be subject to the rules of the Corporation.

s 7Debts due by and payable to the Association

All debts and liabilities of the Foundation existing on the day preceding the date of commencement of this Act, shall be paid and discharged by the Corporation hereby constituted and all debts due to and subscriptions and contributions payable to the Foundation on that day shall be paid to the Corporation hereby constituted.

s 8Corporation may hold property movable and immovable

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 or testamentary disposition or otherwise, and all such property shall be held by the Corporation for the purposes of this Act and subject to the rules of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of, encumber or charge the same.

(1)

The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gift, bequest, donation, subscription, contribution, fees or grants for or and on account of the Corporation shall be deposited in one or more banks as the Corporation shall determine.

(2)

There shall be paid out from the fund, all sums of moneys as are required to defray any expenditure incurred by the Corporation in the exercise, performance and discharge of its powers and functions under this Act.

(1)

The Corporation shall cause proper accounts to be kept of all moneys received and expended by the

Corporation.

Gamage Arthur Perera Foundation (Incorporation)

(2)

The Accounts of the Corporation shall be examined and audited at least once in every year and the correctness of

Income, Expenditure and the Balance Sheet certified by the

Auditor or Auditors who shall be an associate member or members of the Institute of Chartered Accountants of Sri Lanka appointed by the Corporation.

s 11Property 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 the members of the Corporation, but shall be given or transferred to institution or institutions having objects similar to those of the Corporation and which is or are by its or their rules prohibited from distributing any income or property, among the members.

s 12Seal of the Corporation

The seal of the Corporation shall not be affixed to any instrument whatsoever except under the authority of the

Committee of Management and in the presence of the

President and the Secretary or a member of the Committee of

Management 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.

s 13Saving of the rights of the Republic and others

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

s 14Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

Gamage Arthur Perera Foundation (Incorporation)