As enacted

Contents

Act of Parliament · As enacted

Lasantha Alagiyawanna 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 Lasantha Alagiyawanna

Foundation (Incorporation) Act, No. 45 of 2009.

s 2Incorporation of the Lasantha Alagiyawanna Foundation

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

Alagiyawanna Foundation (hereinafter referred to as the

“Corporation”) 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 “Lasantha

Alagiyawanna Foundation” 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.

s 3General objects of the Corporation

(1)

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

(a)

to give physical and qualitative assistance and encouragement to schools and to enable the school children to achieve the required educational qualification;

(b)

to conduct special services for needy school children and to offer assistance by way of scholarships, library facilities and other necessary support for studies;

(c)

to organize educational programmes and classes to assist students to prepare for public and other examinations;

(d)

to conduct workshops, discussions and seminars on the matters of educational interest;

(e)

to make provision to exhibit, imporve and appreciate the cultural talents of school children and award certificates to talented school children;

(f)

to implement a special training programme to build up a generation of children who appreciate values and good conduct on practical terms;

(g)

to conduct workshops, discussions and seminars to train teachers of the Daham schools and the pre-schools and to provide incentives to inaugurate pre-schools with the approval of the relevant provincial educational authorities if so required by law;

(h)

to conduct leadership camps and workshops to school children to build up leadership qualities and to provide necessary skills to equip them for practical living;

(i)

to conduct a practical programmes which develop patriotism in order to develop a generation of school children with physical capability through a programme of sanitation, health habits and a programme for sports and physical education;

(j)

to organize educational tours, shramadanas and workshops, aimed at protecting Sri Lanka’s heritage, environment and forestry;

(k)

to support and encourage the services provided by senior citizens movements ;

(l)

to give full support and assistance to informal education programmes, special education programmes and elders education programmes;

(m)

to encourage farmers engaged in traditional and export oriented agricultural activities and to conduct various activities to enable them to expand their knowledge;

(n)

to assist in various programmes implemented for granting necessary facilities for the “Ranaviru”;

(o)

to take action to provide self employment and necessary support and training to the unemployed youth community;

(p)

to liaise and co-ordinate with other local or foreign institutions which have similar objects;

(q)

to establish housing projects for the low income groups, and to provide for their betterment;

(r)

to develop religious places belonging to all the religions;

(s)

to assist needy people to obtain health facilities;

(t)

to assist in the activities of societies established in grama niladhari divisions; and

(u)

to assist and act for the welfare of the pensioners.

(2)

In the implementation of the objectives of this Act as are specified in subsection (1), the Corporation shall ensure that such implementation is carried out without distinction based on race, caste, religion, language, sex or political opinion.

s 4Management of the affairs of the Corporation

(1)

The affairs of the Corporation shall, subject to the provisions of this Act and the rules of the Corporation, made under section 6, be administered by a Board of Directors consisting of the Chairman, Secretary, Treasurer and eleven members elected in accordance with such rules.

(2)

Notwithstanding the provisions of subsection (1), the founder member of the Foundation, Hon. Lansantha

Alagiyawanna shall be the first Chairman of the Board of

Directors.

(3)

The first Board of Directors of the Corporation shall consist of the members of the Board of Administration of the

Foundation holding office on the day immediately preceding the date of commencement of this Act.

(4)

A member of the Board of Directors shall unless he vacates his office earlier by death or resignation, hold office for a period of four years reckoned from the date of his election.

(5)

If any member of the Board of Directors vacates his office prior to the expiry of his term, his successor elected in accordance with the rules of the Corporation shall hold office only for the unexpired term of office of the member who he succeeds.

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 furtherance of its objects or any one of them, including the power to acquire and hold property movable or immovable, to open, operate and close bank account, to borrow or raise moneys with or without security, to receive or collect grants or donations, to invest its funds, to erect any building or structures on any land held by the Corporation, and to engage, employ and dismiss, officers and servants required for the carrying out of the objects of the Corporation.

s 6Rules of the Corporation

(1)

It shall be lawful for the Corporation, from time to time, at any General Meeting of the members and by a majority of not less than two-thirds of the memebers 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)

classification of membership, admission, withdrawal, expulsion or resignation of members and membership fees payable ;

(b)

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

Board of Directors, the quorum for such meetings and the exercise and performance of their powers and duties ;

(c)

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

Corporation ;

(d)

qualifications required to become a member of the

Corporation and of the Board of Directors ;

(e)

election of Board of Directors; and

(f)

the administration and management of the property 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).

(3)

Every member of the Corporation shall be subject to the rules of the Corporation made under this section.

s 7Debts 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 and discharged by the Corporation and all debts due to and subscriptions and contributions payable to the foundation on that day shall be paid to the Corporation for the purposes of this Act.

s 8Fund of the Corporation

(1)

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

Board of Directors shall determine.

(2)

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

Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act.

s 9Corporation may hold property movable and immovable

The Corporation shall be able and capable in law to acquire and hold any property both movable or immovable which may become vested in it by virtue of purchase, grant, lease, gift, testamentary disposition or otherwise and all such property shall be held by the Corporation for the purposes of this Act and be subject to the rules of the Corporation made under section 6 and the Corporation shall have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

s 10Limitation of liability of members

No member of the Corporation shall, for the purpose of discharging the debts and liabilities of the Corporation be liable to make any contribution exceeding the amounts of such membership fees as may be due from him to the

Corporation.

s 11Property remaining on dissolution

If upon the dissolution of the Corporation there remains after the satisfaction of 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 its or their rules prohibited from distributing any income or property among its members such institution or institutions shall be determined by the members of the

Corporation at or immediately before, the time of dissolution of the Corporation.

s 12Audit and accounts of the Corporation

(1)

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

(2)

The financial year of the Corporation shall be the calendar year.

(3)

The accounts of the Corporation shall be examined and audited at least once in every year by a qualified auditor or auditors appointed by the Board of Directors.

(4)

In this section “qualified auditor” means—

(i)

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

(ii)

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.