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As enacted

Act of Parliament

Mawathagama Development Foundation (Incorporation) Act 1999

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 Mawathagama

Development Foundation (Incorporation) Act, No.13 of 1999.

s 2Incorporation of the Mawathagama Development Foundation

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

Mawathagama Development Foundation (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 prepetual succession, under the name and style of the

“Mawathagama Development Foundation” 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 established are hereby declared be–

(a)

to improve the economic conditions of the poor ;

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(b)

to assist the people engaged in the domestic subsistance sector and the export agricultural sector, and to improve productivity in such sectors ;

(c)

to undertake the management of land development and agricultural activities ;

(d)

to assist and encourage, rural small industries and the generation of self employment ;

(e)

to encourage and provide incentives to the poor to be self reliant ;

(f)

to contribute actively for the realization of the objectives of the national programme called and known as Samurdhi Movement for alleviation of poverty ;

(g)

to enthuse the public in the malter of primary health care, and to provide advise thereon ;

(h)

to improve health and nutrition levels, through social activation projects and to provide assistance for social welfare activities ;

(i)

to provide financial assistance and advice, for the supply of drinking water ;

(j)

to provide advice and assistance to low income rural poor, in matters relating to housing ;

(k)

to educate the public on the ill-effects of liquor, drugs and smoking, and to free people from addiction thereto ;

(l)

to implement programmes for the protection of the basic values of indigenous culture ;

(m)

to educate the public on the values of rural culture in order to ensure a desirable social order ;

(n)

to implement cultural programmes centered round places of religious worship ;

(o)

to implement programmes which highlight indigenous cultural values at national and religious festivals ;

Mawathagama Development Foundation

(Incorporation) Act, No. 13 of 1999

(p)

to encourage, through various programmes, the development of indigenous cultural values which have hithereto suffered deterioration ;

(q)

to contribute, encourage and implement, programmes to uplift pre-school education ;

(r)

to assist the students who sit for public examination of the government within the formal educational system, by holding seminars and discussions ;

(s)

to implement programmes aimed at improving literati among those students who are left behind in the school educational system ;

(t)

to assist and implement, informal educational programmes ; and

(u)

to provide library service facilities.

s 4General Powers of the Corporation

Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, perfrom and execute, all such acts, matters and things as are necessary or desirable for the promotion of furtherance of the objects of the Corporation or any one of them, including the power to open, operate and close bank accounts, to borrow or raise money, with or without security, to receive or collect grants and donations to enter into contracts 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)

The affairs of the Corporation, shall, subject to the rules in force for the time being of the Corporation, be administered by a Board of Management consisting of the

Chairman, Vice Chairman, Honorary Secretary, Honorary

Treasurer and Three Directors elected from among the members of the Executive Committee in accordance with the rules in force for the time being of the Corporation.

(2)

The Chairman of the Corporation shall be the chief executive of the Corporation and shall preside over all meetings.

(3)

The first Board of Management of the Corporation shall consist of the members of the Board of Management of the Foundation holding office on the day immediately preceding the date of commencement of this Act.

(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 any other written, law, for all or any of the following matters :–

(a)

the classification of membership, 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 powers, conduct and duties ;

(c)

the election of the members of the Board of

Management and the Executive Committee and their powers, conduct and duties, and the terms of office of members of the Board of Management and the

Executive Committee ;

(d)

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

Corporation ;

(e)

the procedure to be observed and the summoning and holding of meetings of the Board of Management and the Executive Committee, the times, places notices and agenda of such meetings, the quorum thereof and the conduct of business thereat ;

Mawathagama Development Foundation

(Incorporation) Act, No. 13 of 1999

(f)

the administration and management of the property of the Corporation, the custody of its funds, and maintenance and audit of its accounts ; and

(g)

generally, for the management of the affairs of the

Corporation and the accomplishment of its objects.

(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)

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

s 7Debts due by and payable to the Foundation

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

s 8Corporation may hold property movable or 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, testamentary disposition or otherwise, and all such property shall be held by the Corporation for the purpose of this Act and subject to the rules in force for the time being of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

s 9Seal of the Corporation

The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Chairman and the Honorary Secretary or the Honorary Treasurer who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signining of any person as a witness.

s 10Saving 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 or of any other persons, except, such as are mentioned in this

Act, and those claiming by, from, or under, them.

s 11Sinhala 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.