ACT, No. 04 OF 2014

04of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
PHILIP GUNAWARDENA
COMMEMORATIVE SOCIETY
(INCORPORATION) ACT, No. 4 OF 2014
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[Certified on 04th March, 2014]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of March 07, 2014
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Philip Gunawardena Commemorative Society 1
(Incorporation) Act, No. 4 of 2014
[Certified on 04th March, 2014]
L.D.—O.(Inc.) 11/2012.
ANACTTOINCORPORATE THEPHILIPGUNAWARDENA
COMMEMORATIVE SOCIETY
WHEREAS a Society called and known as the “Philip Preamble.
Gunawardena Commemorative Society” has heretofore been
established in Sri Lanka for the purpose of effectually
carrying out its objects and transacting all matters connected
with the said Society according to the rules agreed to by its
members:
AND WHEREAS the said Society has heretofore successfully
carried out and transacted the several objects and matters for
which it was established and has applied to be incorporated and
it will be for the public advantage to grant the said application:
BE it therefore enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Philip Gunawardena Short title.
Commemorative Society (Incorporation) Act, No. 4 of 2014.
2. From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the the Philip
“Philip Gunawardena Commemorative Society” (hereinafter Gunawardena
Commemorative
referred to as “the Society”) and shall hereafter be admitted
Society.
as members of the Corporation hereby constituted shall be a
body corporate with perpetual succession under the name
and style of the “Philip Gunawardena Commemorative
Society” (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 pleasure.
3. The general objects for which the Corporation is General objects
constituted are hereby declared to be — of the
Corporation.
(a) to research into, foster and promote the philosophy
and thinking of the late Mr. Philip Gunawardena;
2—PL 006569— 2,950 (02/2014)
2 Philip Gunawardena Commemorative Society
(Incorporation) Act, No. 4 of 2014
(b) to collect and preserve available materials
connected with the philosophy of the late Mr.
Philip Gunawardena, including the speeches made,
books and articles written on such philosophy;
(c) to carry out various commemorative activities in
memory of the late Mr. Philip Gunawardena;
(d) to act in collaboration with Philip Gunawardena
Foundation Trust established under the Public
Trustee ;
(e) to foster and promote with reference to the
philosophy of the late Mr. Philip Gunawardena,
social, educational and cultural development of the
disadvantaged and marginalized groups,
particularly the youth of Sri Lanka;
(f) to propagate the memory and the philosophy of the
late Mr. Philip Gunawardena by—
(i) assisting the relevant authorities to establish
and maintain institutions such as orphanages
and homes for the aged;
(ii) assisting the relevant authorities to establish
and maintain vocational training institutions,
with a view to promoting self employment
among the unemployed youth and to assist
such youth to engage successfully in business
ventures by providing them with financial,
marketing and other necessary assistance;
(iii) assisting the relevant authorities to establish
and maintain institutions such as preschools
and child care centers and to formulate and
implement programmes for the welfare of such
children;
Philip Gunawardena Commemorative Society 3
(Incorporation) Act, No. 4 of 2014
(iv) assisting the relevant authorities to establish
and maintain libraries and to carry out
programmes on the importance of patronizing
such libraries;
(v) assisting the relevant authorities to establish
and maintain educational institutions;
(vi) granting scholarships and bursaries to
deserving students; and
(vii) the provision of food, clothing, shelter and
other forms of relief to needy people.
4. The objects of the Corporation shall be carried out in Corporation to
such manner so as not to create any conflict between the ensure no
conflict with
work of the Corporation and any work being carried out
work of
simultaneously by any Ministry or Department of the Ministry or
Government or of any Provincial Council. Department of
the Government
or Province.
5. (1) Subject to the provisions of this Act the Management of
management and administration of the affairs of the the affairs of the
Corporation.
Corporation shall be carried out by a Committee of
Management (hereinafter referred to as the “Committee”)
consisting of such number of office bearers as may be
specified by the rules of the Corporation made under
section 7.
(2) (a) The Committee of the Society that holds office on
the day immediately preceding the date of commencement
of this Act, shall function as the Committee of the Corporation
until the first Committee is appointed or elected in the
manner provided for by rules made under section 7.
(b) The first Committee of the Corporation shall be
appointed or elected within one year of the date of
commencement of this Act.
4 Philip Gunawardena Commemorative Society
(Incorporation) Act, No. 4 of 2014
(3) (a) Every office bearer of the Committee including
the patrons and advisors, shall be appointed or elected for a
period of three years and any such office bearer, patron or
advisor shall be eligible for re-appointment or re-election
after lapse of the said period of three years.
(b) In the event of a vacancy occurring due to death,
resignation, incapacity or removal from office of an office
bearer, the Committee shall having regard to the rules of the
Corporation, elect or appoint a person to fill such vacancy.
(c) The person elected or appointed under paragraph (b)
shall hold office only for the unexpired portion of the term
of office of the member whom he succeeds.
Powers of the 6. Subject to the provisions of this Act and any other
Corporation. written law, the Corporation shall have the power to do,
perform and execute all such acts and matters as are necessary
or desirable for the promotion or furtherance of the objects
of the Corporation or any one of them, including the power—
(a) to purchase, acquire, rent, construct, renovate and
otherwise obtain lands or buildings which may be
required for the purposes of the Corporation and to
deal with or dispose of the same as may be deemed
expedient with a view to promoting the objects of
the Corporation;
(b) to borrow or raise funds with or without securities
and to receive grants, gifts or donations in cash or
kind :
Provided that, the Committee shall obtain the
prior written approval of the Department of External
Resources of the Ministry of the Minister assigned
the subject of Finance, in respect of all foreign
grants, gifts or donations made to the Corporation.
Philip Gunawardena Commemorative Society 5
(Incorporation) Act, No. 4 of 2014
(c) to make, draw, acccept, discount, endorse,
negotiate, buy, sell and issue bills of exchange,
cheques, promissory notes and other negotiable
instruments and to open, operate, maintain and close
accounts in any bank;
(d) to enter into contracts, partnerships or agreements
with any Government Department, Provincial
Council or non Governmental organization or any
other person or institution whether in Sri Lanka or
abroad with a view to promoting the objects of the
Corporation ;
(e) to invest any funds that are not immediately required
for the purposes of the Corporation, in such manner
as the Committee may determine;
(f) to undertake, accept execute, perform and
administer any lawful trust and conditions affecting
any real or personal property with a view to
promoting the objects of the Corporation;
(g) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corporation and
exercise disciplinary control over them and to pay
them such salaries, allowances and gratuities as may
be determined by the Corporation ;
(h) to organize lectures, seminars and conferences with
a view to promoting the objectives of the
corporation ;
(i) to liaise and co-ordinate with other local and foreign
institutions having similar objects to that of the
Corporation;
(j) to train personnel in Sri Lanka or abroad for the
purposes of the Corporation ; and
6 Philip Gunawardena Commemorative Society
(Incorporation) Act, No. 4 of 2014
(k) to do all other things as are necessary or expedient
for the proper and effective carrying out of the
objects of the Corporation.
Rules of the 7. (1) It shall be lawful for the Corporation, from time to
Corporation. 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, 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, admission,
withdrawal, expulsion or resignation of members
and fees payable by the members;
(b) the election of office bearers of the Committee or
vacation of or removal from office of office bearers
and the powers, duties and functions of the office
bearers ;
(c) the terms and conditions of appointment, powers,
functions and duties of various officers, agents and
servants of the Corporation ;
(d) the procedure to be followed for the summoning
and holding of meetings of the Committee or any
sub-committee thereof, notices and agenda of such
meetings, the quorum and the conduct of the
business thereat;
(e) the qualifactions and disqualifications to be
members of the Committee and the Corporation;
(f) the administration and management of the property
of the Corporation; and
(g) generally the management of the affairs of the
Corporation and the accomplishment of its’ object
and dissolution of the Corporation.
Philip Gunawardena Commemorative Society 7
(Incorporation) Act, No. 4 of 2014
(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) of this section.
(3) The members of the Corporation shall at all times be
subject to the rules of the Corporation made under this
section.
8. (1) The Committee shall maintain a register of Register of
members in which name, address and other essential details members.
of the members shall be inscribed.
(2) No member shall exercise his vote in person or by
proxy or stand election for any office unless he has paid his
subscription and other dues before the annual general
meeting of the Corporation.
9. (1) The Corporation shall have its own Fund. Fund of the
Corporation.
(2) All moneys received by way of gift, bequest,
donations, subscription, contribution, fees or grant for and
on account of the Corporation shall be deposited in one or
more banks approved by the Committee to the credit of the
Corporation.
(3) There shall be paid out of the Fund, all sums of money
as are required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of
its powers, duties and functions under the Act.
10. (1) The financial year of the Corporation shall be Accounts and
the calendar year. Auditing.
(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.
8 Philip Gunawardena Commemorative Society
(Incorporation) Act, No. 4 of 2014
(3) The accounts of the Corporation shall be audited
annually by the Auditor General or a qualified auditor
appointed by Auditor General in terms of Article 154 of the
Constitution.
(4) For the purposes of 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.
Debts due by 11. All debts and liabilities of the Society existing on
and pyable to the day immediately preceding the date of commencement
the Society.
of this Act, shall be paid by the Corporation hereby
constituted and all debts due to and subscriptions and
contributions payable to the Soceity on that day shall be
paid to the Corporation for the purposes of this Act.
Corporation 12. Subject to the provisions of this Act, the Corporation
may hold
shall be able and capable in law to take and hold any property,
property
movable and movable or immovable, which may become vested in it by
immovable. 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 of the Corporation made under section 7, with power to
sell, mortgage, lease, exchange or otherwise dispose of the
same.
Philip Gunawardena Commemorative Society 9
(Incorporation) Act, No. 4 of 2014
13. The moneys and property of the Corporation however Application of
moneys and
derived shall be applied solely towards the promotion of the
property.
objects of the Corporation and no portion thereof shall be
paid or transferred directly or indirectly by way of dividend,
bonus or profit to the members of the Corporation.
14. (1) The seal of the Corporation shall not be affixed Seal of the
to any instrument whatsoever, except in the presence of two Corporation.
members of the Committee 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.
(2) The seal of the Corporation shall be in the custody of
an office bearer of the Committee as may be decided by such
Committee.
15. (1) If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities remaining on
any property whatsoever, such property shall not be dissolution.
distributed among the members of the Corporation, but shall
be given or transferred to any other institution having objects
similar to those of the Corporation, and which is by the rules
thereof, prohibited from distributing any income or property
among its members.
(2) For the purposes of subsection (1) the appropriate
institution shall be determined by the members of the
Corporation immediately before the dissolution, at a general
meeting by the majority of votes of the members present.
16. Nothing in this Act contained shall prejudice or Saving of the
affect the rights of the Republic or any body politic or rights of the
Republic.
corporate.
17. In the event of any inconsistency between the Sinhala text
Sinhala and the Tamil texts of this Act, the Sinhala text shall to prevail in
case of
prevail. inconsistency.

10 Philip Gunawardena Commemorative Society
(Incorporation) Act, No. 4 of 2014
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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