ACT, No. 20 OF 2014

20of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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MOHAN LAL GRERO FOUNDATION
(INCORPORATION) ACT, No. 20 OF 2014
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[Certified on 17th June, 2014]
Printed on the Order of Government
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Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lanka of June 20, 2014.
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Mohan Lal Grero Foundation 1
(Incorporation) Act, No. 20 of 2014
[Certified on 17th June, 2014]
L.D.—O. (Inc. 13/2013)
AN ACT TO INCORPORATE THE MOHAN LAL GRERO FOUNDATION
WHEREAS a Foundation called and known as the “Mohan Preamble.
Lal Grero Foundation” has heretofore been established in
Sri Lanka for the purpose of effectually carrying out its objects
and transacting all 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 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 Mohan Lal Grero Short title.
Foundation (Incorporation) Act, No. 20 of 2014.
2. (1) From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the the Mohan Lal
Grero
“Mohan Lal Grero Foundation” (hereinafter referred to as the
Foundation.
“Foundation”) or 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 “Mohan
Lal Grero 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 pleasure.
(2) The Corporation shall be deemed to be a voluntary
social service organization within the meaning, and for the
purpose of the voluntary social services organizations
(Registration and Supervision) Act, No. 31 of 1980 and the
provisions of that Act shall apply to and in relation to the
management of the affairs of the Corporation.
2 Mohan Lal Grero Foundation
(Incorporation) Act, No. 20 of 2014
General objects 3. (1) The general objects for which the Corporation is
of the
Corporation. constituted are hereby declared to be—
(a) to assist the relevant authorities to promote, improve
and develop education and the knowledge of
languages with special emphasis on the language of
English ;
(b) to assist the relevant authorities to promote, develop
and maintain overall welfare of the under-privileged
and to provide necessary guidance, counselling or
advice to uplift their living standards ;
(c) to assist the relevant authorities to promote, improve,
develop and maintain the abilities and aptitudes of
the people in the fields of education, science, culture,
literature, arts, aesthetic studies and sports ;
(d) to promote, propagate and foster humanitarian ideas,
democratic and pluralistic values, good citizenship
and patriotic concepts and beliefs ;
(e) to assist the relevant authorities to organize, establish
and create community development facilities in the
rural areas of the country and to inculcate in, teach
and impart to, the rural community the values of self-
development and self-employment;
(f) to encourage and assist the youth to acquire
proficiency in new technical skills ;
(g) to improve, develop, foster and maintain talents and
abilities in entrepreneurship, research and training in
business, technology and management and concepts
of income-generating and self-employment ventures
and enterprises ;
Mohan Lal Grero Foundation 3
(Incorporation) Act, No. 20 of 2014
(h) to provide necessary services to promote activities
which encourage the improvement of knowledge and
disciplined thinking ;
(i) to provide guidance to improve proficiency in
internationallanguagesusedincommercialactivities;
(j) to collaborate with any other local and foreign
institutions having objects similar to that of the
Corporation ;
(k) to grant scholarships and bursaries to needy and
deserving students ;
(l) to educate the Sri Lankan citizens on the value of the
environment and forestry, the environmental impacts
of modern technology, afforestation, deforestation
and environmental pollution and hazards relating
thereto ;
(m) to organize and establish facilities for promoting
mutual understanding, co-operation and assistance,
harmony, exchange of ideas and good fellowship
among various cultural, religious and ethnic groups ;
(n) to assist the relevant authorities to promore, develop
and facilitate international understanding, co-
operation and assistance in all spheres of cultural,
economic, scientific and educational activities ; and
(o) to assist the relevant authorities to establish, improve,
encourage, develop and maintain research facilities
in scientific, cultural, education, economic and all
other aspects of human development.
(2) In the implementation of the objects specified in
subsection (1) the Corporation shall ensure that such
implementation shall be carried out without any distinction
based on race, religion, language, caste, sex, political opinion,
place of birth or any of such grounds.
4 Mohan Lal Grero Foundation
(Incorporation) Act, No. 20 of 2014
Corporation to 4. The objects of the Corporation shall be carried out in
ensure no
conflict with such manner so as not to create any conflict between the
work of Ministry work of the Corporation and any work being carried out
or Department of
the Government simultaneously by any Ministry or Department of the
or Province. Government or of any Provincial Council.
Management of 5. (1) Subject to the provisions of this Act the
the affairs of the
management and administration of the affairs of the
Corporation.
Corporation shall be carried out by a Board of Directors
(hereinafter referred to as the “Board”) consisting of such
number of office bearers as may be specified by the rules
made under section 7.
(2) (a) The Board of the Foundation that holds office on
the day immediately preceding the date of commencement
of this Act, shall function as the Board of the Corporation
until the first Board is appointed or elected in the manner
provided for by rules made under section 7.
(b) The first Board of the Corporation shall be appointed
or elected within one year of the date of commencement of
this Act.
(3) (a) Every office bearer of the Board including the
patrons and advisers, 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 the death,
resignation, incapacity or removal from office of an office
bearer, the Board 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.
Mohan Lal Grero Foundation 5
(Incorporation) Act, No. 20 of 2014
6. Subject to the provisions of this Act and any other Powers of the
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, rent, construct, renovate 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 withour securities
and to receive grants, gifts or donations in cash or
kind :
Provided that, the Board 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;
(c) 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 accounts
in any bank ;
(d) to invest any funds that are not immediately
required for the purposes of the Corporation, in such
manner as the Board may determine ;
(e) to undertake, accept, execute, perform and
administer any lawful trust or any real or personal
property with a view to promoting the objects of
the Corporation ;
6 Mohan Lal Grero Foundation
(Incorporation) Act, No. 20 of 2014
(f) 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 ;
(g) to organize lectures, seminars and conferences with
a view to promoting the objectives of the
Corporation ;
(h) to liaise and co-ordinate with other local and
foreign institutions having similar objects to that
of the Corporation ;
(i) to train personnel in Sri Lanka or abroad for the
purposes of the Corporation ; and
(j) 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) classification of membership, admission,
withdrawal, expulsion or resignation of members
and fees payable by the members ;
(b) the election of office bearers of the Board 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 appoinment, powers,
functions and duties of the various officers, agents
and servants of the Corporation ;
Ac
Au
Mohan Lal Grero Foundation 7
(Incorporation) Act, No. 20 of 2014
(d) the procedure to be followed for the summoning
and holding of meetings of the Board or any sub-
committee thereof, notices and agenda of such
meetings, the quorum and the conduct of business
thereat ;
(e) the qualification and disqualifications to be a
member of the Board 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’ objects
and dissolution of the Corporation.
(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.
(4) The rules made under this section shall be published
in the Gazette.
8. The Board shall maintain a register of members in Register of
which name, address and other essential details of the members.
members shall be inscribed.
9. (1) The Corporation shall have its own Fund. Fund of the
Corporation.
(2) All moneys received by way of gift, bequest, donation,
subscription, contribution, fees or grant for and on account
of the Corporation shall be deposited in one or more banks
approved by the Board to the credit of the Corporation.
8 Mohan Lal Grero Foundation
(Incorporation) Act, No. 20 of 2014
(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.
Accounts and 10. (1) The financial year of the Corporation shall be
auditing.
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
annually by the Auditor General or a qualiafied 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 practise 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 practise as an Accountant issued
by the Council of such Institute.
Annual Report. 11. (1) The Board shall prepare a report of the activities
of the Corporation for each financial year and submit such
report together with the audited statement of accounts to the
Mohan Lal Grero Foundation 9
(Incorporation) Act, No. 20 of 2014
Secretary to the Ministry of the Minister assigned the subject
of Education and to the Registrar of Voluntary Social
Services Organizations appointed under the Voluntary Social
Services Organization (Registration and Supervision) Act,
No. 31 of 1980 before the expiration of six months of the
year succeeding the year to which such report relates.
(2) A separate Account relating to the foreign and local
moneys received by the Corporation during the financial
year shall be attached to the report referred to in
subsection (1).
12. All debts and liabilities of the Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable
to the
of this Act, shall be paid by the Corporation hereby Foundation.
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 purposes of this Act.
13. Subject to the provisions of this Act, the Corporation Corporation may
shall be able and capable in law to take and hold any property, hold 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.
14. The moneys and property of the Corporation Application of
however derived shall be applied solely towards the moneys and
property.
promotion of the 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.
15. (1) The seal of the Corporation shall not be affixed Seal of the
Corporation.
to any instrument whatsoever, except in the presence of two
members of the Board 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.
10 Mohan Lal Grero Foundation
(Incorporation) Act, No. 20 of 2014
(2) The seal of the Corporation shall be in the custody of
an office bearer of the Board as may be decided by such
Board.
Property 16. (1) If upon the dissolution of the Corporation there
remaining on
dissolution. 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 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.
Saving of the 17. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body politic or
Republic and
corporate.
others.
Sinhala text to 18. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.

Mohan Lal Grero Foundation 11
(Incorporation) Act, No. 20 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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