Bibliomania Educational Books for the Nation Foundation (Incorporation) Act 2009

This Act may be cited as the Bibliomania Educational

Books for the Nation Foundation (Incorporation) Act,

No. 34 of 2009.

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

Bibliomania Educational Books for the Nation Foundation

(hereinafter referred to as the “Foundation”) and such other persons as shall hereafter be admitted as members of the corporation hereby constituted, shall be a body corporate with perpetual succession under the name and style of the

“Bibliomania Educational Books for the Nation Foundation”

(hereinafter referred to as “the Corporation”) 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 will and pleasure.

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

to undertake the publishing, printing, translation and distribution islandwide of urgently needed important educational books in Sinhala and Tamil and the importation of books of international importance ;

to upgrade and improve facilities of libraries in educational institutions ;

to establish and maintain libraries, mobile libraries and mobile “Books for the Nation” sales outlets throughout the country ;

to enable children, youth and adults in indigent circumstance to gain access to books and other publications required to help them to engage in higher studies and to make available to them books at affordable prices ;

to conduct vocational and educational training courses and research in the field of the book publishing, translation of books into Sinhala and

to provide educational aids, books and magazines to the poor and to the destitute ;

to assist financially by granting scholarships or otherwise to voluntary workers and others who are engaged in the attainment of the objects of the

to work in co-operation with other associations, societies or organizations having objects similar to those of the Corporation ; and

to print, publish and distribute books, journals, leaflets, newspapers and magazines which the

Where any publication or other printed educational matter published or introduced through electronic media for the advancement of the objects of the Corporation under section 3, is sought to be distributed islandwide or made available to students, the Corporaton shall obtain the prior written approval of the Educational Publications Department established under the Ministry of Education.

The administration and management of the affairs of the Corporation shall, subject to the provisions of this Act and rules of the Corporation made under section 7, be vested in the Executive Committee (hereinafter referred to as the

In the event of any vacancy arising in the Committee due to resignation, removal or death of any office bearer, such vacancy shall be filled according to rules of the Corporation.

The first Committee of the Corporation shall consist of the members of the Executive Committee of the Foundation holding office on the day preceding the date of commencement of this Act.

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

to borrow or raise money for the purposes of the

to make, draw, accept, discount, endorse, negotiate, buy, sell and issue bills of exchange, cheques, promissory notes and other negotiable instruments and to open, operate, maintain and close bank accounts ;

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

to solicit and receive subscriptions, grants, donations and gifts of all kinds ;

to enter into agreements or contracts with any person, or body of persons ;

to appoint, employ, dismiss or terminate the services of agents, officers and servants of the Corporation and to pay them such salaries, allowances and gratuities as may be determined by the Corporation;

to appoint sub-committees to carry out the objects of the Corporation ; and

to do all such other acts and things as are necessary or expedient for the accomplishment of the objects of the Corporation.

It shall be lawful for the Corporation from time to time at any general meeting of the Corporation and by a majority of not less than two-thirds of the members present and voting, to make rules which are not inconsistent with the provisions of this Act or any other written law, for all or any of the following matters :—

Any rule of 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).

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

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 purposes of this Act and subject to the rules made under section 7, shall have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

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 that day, shall be paid to the Corporation for the purpose of this Act.

The Corporation shall have its own fund and all monies heretofore or hereafter received by way of gift, bequest, testamentary disposition, transfer, contribution, donation, subscription, fees or grants for and on account of the

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

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

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

The accounts of the Corporation shall be audited by a qualified auditor who shall be an associate member of the

If upon the dissolution of the Corporation there remains after the satisfactions 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 association or associations having objects similar to the objects of the

Corporation and which is or are by the rules prohibited from the distribution of any income or profit among its or their members. Such association or associations shall be determined by the members of the Corporation at or immediately before the time of dissolution of the Corporation.

The land and property of the Corporation howsoever derived, shall be applied solely towards the promotion of its objects as set forth herein and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or profits, to the members of the Corporation.

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 amount payable as membership fees as may be due from him to the Corporation.

The seal of the Corporation shall be in the custody of the Secretary and may be altered in such manner as may be determined by the Committee.

The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the President and Secretary 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.

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.