As enacted

Contents

Act of Parliament · As enacted

Rohitha Abeygunawardana Foundation (Incorporation) Act 2011

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 Rohitha Abeygunawardana

Foundation (Incorporation) Act, No. 6 of 2011.

s 2Incorporation of the Rohitha Abeyguna-wardhana Foundation

From and after the date of commencement of this

Act, such and so many persons as now are members of the

“Rohitha Abeygunawardana Foundation” or shall hereafter be admitted, as 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 “Rohitha Abeygunawardana

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 established are hereby declared to be—

(a)

to promote activities relating to social development through the partcipation of the general public and particularly the people of Kalutara District;

Rohitha Abeygunawardana Foundation

(b)

to participate in activities relating to the social, cultural and economic development of the country;

(c)

to train children to be aware of religious and other values and to promote in them an interest in sports activities with a view to enhancing their potential in order that they may be equipped to grow up and participate in the development of the country;

(d)

to provide assistance in establishing and developing religious centres;

(e)

to take measures to protect and preserve the moral and cultural values of people;

(f)

to work towards bridging the gap between the general public and the public service;

(g)

to provide assistance in obtaining legal aid and legal advice to the needy;

(h)

to assist victims of sudden disasters and provide assistance in improving their living standards;

(i)

to provide assistance to persons who are mentally and physically handicapped; and

(j)

to work towards the promotion and furtherance of the rights of women and children.

(2)

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

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, perform and execute all such acts, matters and things whatsoever as are necessary or desirable for the promotion or furtherance of its objects of the Corporation or any one of them, including the power to:—

(a)

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

(b)

solicit, receive and collect grants, gifts or donations, in cash or kind;

(c)

open, operate and close bank accounts;

(d)

borrow and raise money with or without security;

(e)

invest any funds not immediately required for the purpose of the Corporation in such manner as the

Corporation may think fit.

s 5Management of the affairs of the Corporation

(1)

The affairs of the Corporation shall, subject to the provisions of this Act and any rules made by the corporation under section 6, be administered by an Executive council (hereinafter referred to as the “Council”) consisting of a President, two Vice Presidents, a Secretary, Treasurer and ten other members elected in accordance with the rules of the Corporation.

(2)

The first Council of the Corporation shall, consist of the members of the Council of the Foundation holding office on the day immediately preceding the date of commencement of this Act. Such Council shall hold office until an executive

Council is elected in accordance with the rules 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 members present and voting, to make rules, not inconsistent with the

Rohitha Abeygunawardana Foundation provisions of this Act or any other written law, for all or any of the following matters:—

(a)

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

(b)

the election of the members to the Council and the powers and duties;

(c)

the election of the office bearers, their term of office, the resignation from, or vacation or, removal from office of office bearers and their powers, conduct and duties;

(d)

the powers, conduct, duties and functions of officers, agents and servants of the Corporation;

(e)

the procedure to be observed in the summoning and holding of meetings of the Council, 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 including its funds; and

(g)

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)

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

s 7Fund of the Corporation

(1)

The Corporation shall have its own fund and it shall consist of all moneys received by way of gift, bequests, testamentary dispositions, grants, donations, fees or contributions from local or foreign institutions and individuals, members and non-members.

(2)

All moneys received shall be deposited in the name of the Corporation in one or more banks and be invested in any suitable manner to achieve the objects of the Corporation as may be decided by the Executive Council.

(3)

All expenditure incurred by the Corporation in the exercise, performance and discharge of the powers, duties and functions of the Corporation shall be paid out of the funds of the Corporation.

s 8Debts 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 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 for the purposes of 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 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 or for any other purpose, 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

Rohitha Abeygunawardana Foundation 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.

s 12Audit and accounts of the Corporation

(1)

The Corporation shall cause proper accounts to be kept of income and expenditure, assets and liabilities and all other transactions of 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 Council.

(4)

In this section “qualified auditor” means—

(a)

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

(b)

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.