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As enacted

Act of Parliament

Sri Lanka – Nippon Educational and Cultural Centre (Incorporation) Act 2007

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 Sri Lanka – Nippon

Educational and Cultural Centre (Incorporation) Act, No. 41

of 2007.

s 2Incorporation of the Sri Lanka-Nippon Educational and Cultural Centre

From and after the date of commencement of this Act such and so may persons as now are members of the Sri Lanka-Nippon Educational and Cultural Centre (thereinafter referred to as the “Centre”) 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 the “Sri Lanka-Nippon

Educational and Cultural Centre” and by that name may sue and be sued, with full power and authority to have and to use a common seal and to 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 promote educational and cultural ties, mutual understanding and co-operation between the people of Sri Lanka and Japan ;

(b)

to assist Sri Lankans and Japanese to study each other’s cultures, languages and any other languages, to organize educational tours, to provide hostel facilities to those who participate in such tours and to exchange educational and cultural representatives ;

(c)

to establish and maintain libraries and to purchase, subscribe and publish books, newspapers, periodicals and other publications which the

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

(d)

to establish and award scholarships, grants and prizes to deserving Sri Lankan students and to assist them in their spiritual, philosophical, cultural, scientific and technical education ;

(e)

to join and collaborate with other local and foreign associations, societies or organizations with objects similar to those of the Corporation ;

(f)

to provide guidance and other assistance to Sri

Lankans travelling to Japan for educational and cultural purposes ; and

(g)

to promote, encourage and assist the artistic creations, skills in sports and the technical knowledge of Sri Lankan youth and children and to organize and maintain work shops, schools and institutions therefor.

(1)

The administration and management of the affairs of the Corporation shall subject to the rules of the Corporation, made under section 6 be vested in a Board of Management

(hereinafter referred to as the “Board”) consisting of the

Director, Secretary and the Honorary Treasurer of the

Corporation and not less than eleven other members to be elected in accordance with such rules.

(2)

Notwithstanding anything to the contrary in subsection (1) of this section, the Venerable Udagama

Sumangala Thero shall be the first Director and the Venerable

Meegahatenne Chandrasiri Thero the first Secretary General of the Corporation who shall hold office for life unless they earlier resign from their offices.

(3)

The first Board of Management of the Corporation shall be the Board of Management of the Centre holding office on the day immediately preceding the date of commencement of this Act.

s 5General Powers of the Corporation

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

(a)

to acquire, hold and develop any property movable or immovable which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise ;

(b)

to sell, mortgage, lease, exchange or otherwise dispose of any such property ;

(c)

to appoint, employ, remunerate, exercise disciplinary control over and dismiss officers and servants as may be necessary for the purposes of the

Corporation ;

(d)

to receive grants, gifts or donations in cash or kind whether from local or foreign sources ;

(e)

to establish branches of the Corporation in any foreign country for the purpose of carrying out the objects of the Corporation ;

(f)

to open, operate and close bank accounts and to borrow or raise money with the property of the corporation as security or without such security for the purposes of the Corporation ;

(g)

to invest money belonging to the Corporation in such securities as may be determined by the Board ;

(h)

to do all such other acts and things as are incidental or conducive to the carrying out the objects of the

Corporation.

(1)

It shall be lawful for the Corporation from time to time at a 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 election, appointment or nomination of the members of the Board and their powers and duties and the terms of office ;

(b)

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

(c)

the procedure to be observed at summoning and holding of meetings of the Board, the times, places, notices and agendas of such meetings, the quorum therefor and the conduct of business thereat ;

(d)

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

(e)

generally the management of the affairs of the

Corporation and the attainment of its objects.

(2)

Any rule made by the Corporation may be amended, altered, added to or rescinded at a like meeting and in the like manner as a rule may be made under subsection (1).

(3)

All members of the Corporation shall be subject to the rules of the Corporation made under this section.

(1)

The corporation shall have its own fund and all monies heretofore or hereafter received by way of gift, bequest, donation, subcription, fees or grants for and on account of the Centre shall be deposited to the credit of the Corporation in one or more banks as the Board of Management shall determine.

(2)

There shall be paid out of the Fund, any expenditure incurred by the Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act.

(1)

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

(2)

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

(3)

The accounts of the Corporation shall be audited by a

“qualified auditor”.

(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.

s 9Debts due by or payable to the centre

All debts and liabilities of the Centre 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 centre on that date shall be paid to the Corporation for the purposes of this Act.

s 10How the seal of the Corporation is to be affixed

The seal of the Corporation shall be in the custody of the Secretary General of the Corporation and it shall not be affixed to any instrument whatsoever except in the presence of the Secretary General and such other number of members of the Board as may be provided for in the rules of 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.

s 11Saving 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 12Sinhala 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.