Sri Dhammalankara Social Services Foundation (Incorporation) Act 2011

This Act may be cited as Sri Dhammalankara Social

Services Foundation (Incorporation) Act, No. 51 of 2011.

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

Sri Dhammalankara Social Services Foundation (hereinafter referred to as “the 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

“Sri Dhammalankara Social Services 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.

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

In the implementation of the above objects the

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 open and close bank accounts, to borrow or raise money with or without security, to receive or collect grants or 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.

The affairs of the Corporation shall, subject to the provisions of this Act and the rules made under section 6, be administered by a Board of Management. The Board of

The Director-General shall preside at every meeting of the Board of Management. In the absence of the Director-General from any meeting of the Board of Management, the

Subject to the provisions of this Act and any rules made thereunder, the Board of Management may regulate the procedure in regard to its meetings and the transaction of business at such meetings.

No act or proceeding of the Board shall be deemed to be invalid by reason only of the existence of a vacancy among its members or any defect in the election or nomination of a member thereof.

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.

It shall be lawful for the Corporation, from time to time, at any general meeting and by the votes of not less than two-thirds of the members present and voting at such meeting to make rules not inconsistent with the provisions of this Act or any other written law, for the performance of the duties of the Board and the various officers and servants of the

No rule of the Corporation shall be altered, added to, amended or rescinded except by the votes of not less than two-thirds of the members present and voting at a general meeting of the Corporation.

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

The Corporation shall have its own Fund. All monies received by way of gift, bequest, transfer, subscription, contribution fees or donation shall be deposited to the credit of the Corporation in one or more banks as the Board of

There shall be paid out of the Fund of the Corporation, all such sums of money as may be required to defray any expenditure incurred by the Corporation in carrying out the objects of the Corporation.

The monies and property of the Corporation wheresoever derived shall be applied solely towards the promotion of the objects as set forth herein and no portion

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

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

The accounts of the Corporation shall be audited annually by a qualified auditor appointed by the

In this section “qualified auditor” means-

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

The Corporation shall be able and capable in law, to take 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 purposes of this Act and subject to the rules of the Corporation made under section 6, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

The Seal of the Corporation shall be in the custody of the Board of Management and it shall not be affixed to any instrument whatsoever, except in the presence of a member of the Board of Management and the Secretary or any other person authorized by the Board 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.

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 some other institution having objects similar to those of the Corporation and which is by its rules prohibited from distributing any income or property among its members.

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

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

Sri Dhammalankara Social Services Foundation