ACT, No. 17 OF 2007

17of2007.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
LEO AND JOSEPHINE DE ALMEIDA
MEMORIAL FOUNDATION
(INCORPORATION) ACT, NO. 17 OF 2007
[Certified on 08th May, 2007]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of May 11, 2007
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENTPUBLICATIONSBUREAU, COLOMBO1
Price : Rs. 8.25 Postage : Rs. 5.00

Leo and Josephine De Almeida Memorial 1
Foundation (Incorporation) Act, No. 17 of 2007
[ Certified on 08th May, 2007]
L. D. OINC C 17/2005
ANACT TO INCORPORATE THE LEO AND JOSEPHINE DEALMEIDA
MEMORIALFOUNDATION
WHEREAS a Foundation called and known as “Leo and Preamble.
Josephine De Almeida Memorial Foundation” has heretofore
been formed in Sri Lanka, for the purpose of effectually
carrying out and transacting all objects and matters connected
with the said Foundation according to the rules agreed to by
its members :
AND WHEREAS the said Foundation has heretofore
successfully carried out and transacted the several objects
and matters for which it was formed and has applied to be
incorporated, and it will be for the public advantage to grant
the application :
BE it therefore enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows :—
1. ThisActmaybecitedastheLeoandJosephineDeAlmeida Short title.
Memorial Foundation (Incorporation) Act, No. 17 of 2007.
2. From and after the date of commencement of this Act Incorporation of
such and so many persons as presently are members of the the Leo and
Leo and Josephine De Almeida Memorial Foundation Josephine De
(hereinafter referred to as the “Foundation”) or shall hereafter Almeida
Memorial
be admitted member of the Corporation hereby constituted,
Foundation.
shall be a body Corporate (hereinafter referred to as the
“Corporation”) with perpetual succession under the name
and style of the “Leo and Josephine De Almeida Memorial
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 to alter the same at its pleasure.
3. The general objects for which the Corporation is General objects of
constituted are hereby declared to be — the Corporation.
(a) to establish homes for the elders to provide care for
destitute or needy elders and to provide for their
2 Leo and Josephine De Almeida Memorial
Foundation (Incorporation) Act, No. 17 of 2007
physical, mental and intellectual needs and also to
provide opportunities for them to participate in
social, religious and recreational activites,
(b) to provide and maintain homes for elders and
destitutes and hospitals to care for the sick, infirm
and disabled;
(c) to render educational services and vocational training
for people ;
(d) to establish and maintain centres to help disabled
persons to lead a normal life as far as possible ;
(e) to otherwise render educational, social and other
charitable services ;
(f) to establish and maintain libraries with lending and
reference facilities for students and to promote reading
habits in the adult population ;
(g) to provide scholarships for needy students who are
successful at public examinations ;
(h) to provide medical facilites, clothing and shelter for
needy orphans and the sick ;
(i) to provide welfare facilities, for the usually
handicapped, the physically handicapped, the
mentally retarded and for persons whose hearing is
impaired ;
(j) to identify the socio-economic, religous and cultural
needs of the community and to formulate and
implement appropriate projects and programmes to
meet such needs, and to undertake any other project
that is conducive to the general welfare of the
community ;
Leo and Josephine De Almeida Memorial 3
Foundation (Incorporation) Act, No. 17 of 2007
(k) to promote, arrange, organize and hold exhibitions,
lectures, seminars, workshops, classes and conferences
in furtherance of the objects of the Corporation ;
(l) to promote, peace, goodwill, understanding and co-
operation among all communities and people of Sri
Lanka ;
(m) to promote the upliftment of youth, who are
economically and socially disadvantaged ;
(n) to promote the advancement of education and
knowledge and to provide scholarships, grants or
other forms of financial assistance to scholars,
researchers and to recognized institutions or
organizations;
(o) to promote and encourage cultural, literary and
charitable activities ;
(p) to organize and hold public lectures, seminars,
workshops, conferences, debates, short term
educational courses for youth, with a view to
advancing their knowledge and enabling them to
secure employment ;
(q) to promote and encourage publications on matters of
national and international interest; and
(r) to establish and maintain educational institutions,
libraries, museums and hospitals ;
4. The affairs of the Corporation shall, subject to the Rules of the
Corporation.
rules in force for the time being of the Corporation, be
administered by a Committee of management elected in
4 Leo and Josephine De Almeida Memorial
Foundation (Incorporation) Act, No. 17 of 2007
accordance with the rules of the Corporation. Subject to the
provisions of this Act, the Committee of Management shall
make rules for, and in respect of, all or any of the following
matters :—
(a) the terms and conditions of service including
remuneration of the officers and servants of the
Corporation ;
(b) the schemes of recruitment and procedures for
appointment of the officers and servants of the
Corporation ;
(c) the annual programme and plan of work, the annual
budget, the annual report and accounts of the
Corporation and the manner in which such
programme and plan of work, budget, report and
accounts are to be prepared ; and
(d) such other matters or in respect of which rules are
required or authorized by this Act to be made.
Powers of the 5. The Corporation shall, subject to the provisions of
Corporation. this Act, have the following powers :—
(a) to acquire and hold property, movable or immovable,
by virtue of any purchase, grant, gift, testamentary
disposition or otherwise, and subject to any trust
attaching to such property, to sell, mortgage, lease,
exchange or otherwise dispose of the same;
(b) to enter into and perform, all such contracts as may be
neccessary for carrying out the objects of the
Corporation ;
(c) to receive or collect gifts, grants or donations, in cash
or kind, from local or foreign persons or
organizations ;
Leo and Josephine De Almeida Memorial 5
Foundation (Incorporation) Act, No. 17 of 2007
(d) to make, draw, accept, endorse, negotiate, buy, sell
and issue, bills of exchange, cheques, promissory
notes and other negotiable instruments and to open
and maintain, current, savings and deposit accounts
in any bank or banks ;
(e) to borrow, with or without security, moneys
necessary for carrying out its objects ;
(f) to invest any moneys belonging to the Corporation
including any unapplied income as determined by
the Committee of Management ;
(g) to appoint such officers and servants as may be
necessary for carrying out its objects ; and
(h) to make rules in relation to all matters connected
with the working of the Corporation and to make
such rules as are not inconsistent with the
provisions of this Act or any other written law, and
to alter, vary, rescind them.
6. (1) The Corporation shall have its own fund Funds of the
Corporation.
(hereinafter called and referred to as the “Fund”).
(2) There shall be credited to the Fund—
(a) all such sums of money as may be received by
the Corporation in the exercise, discharge and
performance of its powers, functions and duties
under this Act ; and
(b) all such sums of money as may be received by
the Corporation, by way of loans, donations, gifts
or grants from any source, whether in Sri Lanka or
abroad.
6 Leo and Josephine De Almeida Memorial
Foundation (Incorporation) Act, No. 17 of 2007
(3) There shall be paid out of the Fund of the
Corporation—
(a) all such sums of money as are required to defray
any expenditure incurred by the Corporation in
the exercise, discharge and performance of its
powers, duties and functions under this Act ; and
(b) all such sums of money as are required to be paid
out of such Fund, by or under this Act.
The Committee of 7. (1) The Committee of Management shall cause
Management to proper books of accounts to be kept of the income and
cause proper
books of accounts expenditure, assets and liabilities and all other transactions
to be kept. of the Corporation.
(2) The financial year of the Corporation shall be the
calendar year.
(3) The Accounts of the Corporation shall be audited
by qualified Auditors.
(4) In this Act unless the context otherwise requires
“qualified Auditor” shall have the same meaning as in
Article 154(8) of the Constitution.
Seal of the 8. The Seal of the Corporation—
Corporation.
(a) shall be in the custody of such person as the
Committee of Management may from time to time
determine ;
(b) may be altered in such manner as may be
determined by the Committee of Management ;
and
(c) shall not be affixed to any document except with
the sanction of the Committee of Management
and in the presence of two members of the Committee
of Management who shall sign the document in
token of their presence.
Leo and Josephine De Almeida Memorial 7
Foundation (Incorporation) Act, No. 17 of 2007
9. If upon the dissolution of the Corporation, there Property
remaining on the
remains after the satisfaction of all its debts and liabilities,
dissolution.
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 distributing any income or property among its or their
members of the Corporation at, or immediately before, the
time of the dissolution of the Corporation.
10. Nothing in this Act contained shill prejudice or Saving of the
afffect the right of the Republic or of any body politic or rights of the
Republic and
corporate or of any other persons.
others.
11. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act,the Sinhala text shall prevail in case of
inconsistency.
prevail.

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