24of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
PAHIYANGALA CONSERVATION AND
DEVELOPMENT FOUNDATION
(INCORPORATION) ACT, No. 24 OF 2009
[Certified on 20th April, 2009]
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 April 24, 2009
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00

Pahiyangala Conservation and Development 1
Foundation (Incorporation) Act, No. 24 of 2009
[Certified on 20th April, 2009]
L.D.—O. INC. 22/2007.
ANACT TO INCORPORATE THE PAHIYANGALA CONSERVATION AND
DEVELOPMENT FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Pahiyangala Conservation and Development Foundation”
has heretofore been formed 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 is for the public advantage to grant such
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 Pahiyangala Short title.
Conservation and Development Foundation (Incorporation)
Act, No. 24 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are the members of the the Pahiyangala
Conservation
Pahiyangala Conservation and Development Foundation
and
(hereinafter referred to as the “Foundation”) or shall hereafter Development
be admitted members 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 “Pahiyangala Conservation and Development
Foundation” 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—PL 003098—3,250 (07/2008)
2 Pahiyangala Conservation and Development
Foundation (Incorporation) Act, No. 24 of 2009
General objects 3. The General objects for which the Corporation is
of the established are hereby declared to be—
Corporation.
(a) to preserve the historical monuments and cultural
objects within the Pahiyangala Sacred City;
(b) to improve and maintain all buildings, electricity,
water supply and other sanitary services within
the precinct of the Pahiyangala Sacred City;
(c) to give necessary assistance in the religious and
educational research activities conducted within the
Pahiyangala Sacred City; and
(d) to maintain friendly relations with other Buddhist
organisations and religious Organisations in
Sri Lanka and abroad.
General powers 4. Subject to the provisions of this Act and any other
of the
written law, the Corporation shall have the power to do
Corporation.
perform and execute, all such acts, matters and things as are
necessary or desirable for the promotion or furtherance of
the objects of the Corporation or any one of them, including
the power to open, operate and close bank accounts, to borrow
or raise money with or without security, to receive or collect
grants and donations from local or foreign sources, to invest
its funds, and to engage, employ and dismiss officers and
servants required for the carrying out of the objects of the
Corporation.
Management of 5. (1) The affairs of the Corporatoin shall, subject to
the affairs of the the rules of the Corporation made under section 6 of this Act
Corporation.
be administered by a Board of Trustees (hereinafter referred
to as “the Board”) consisting of the Chairman, Vice Chairman,
Secretary, Assistant Secretary, Treasurer and two other
members elected in accordance with the rules of the
Corporation.
(2) The first Board of the Corporatoin shall consist of the
members of the Board of Trustee of the Foundation holding
office on the day immediately preceding the date of
commencement of this Act.
Pahiyangala Conservation and Development 3
Foundation (Incorporation) Act, No. 24 of 2009
(3) Notwithstanding anything contained in subsection
(1) the Chief Priest of the Pahiyangala Temple shall be the
first Chairman of the Board.
6. (1) It shall be lawful for the Corporation, from time Rules of the
to time, at any general meeting and by a majority of not less Corporation.
than two thirds of the members persent and voting, to make
rules, not inconsistent with the provisions of this Act or other
written law for all or any of the following matters :—
(a) the classification of membership and admission,
withdrawal or expulsion of members ;
(b) the election of the office bearers, the resignation
from or vacation of, or removal from office of office
bearers and their powers and functions ;
(c) the election of the members of the Board, their
powers, duties and functions and the terms of office
of members of the Board ;
(d) the powers, duties and functions of the various
officers, agents and servants of the Corporation ;
(e) the procedure to be observed at the summoning and
holding of meetings of the Board the time, place,
notice and agenda of such meetings, the quorum
therefore and the conduct of business thereat ;
(f) the administration and management of the property
of the Corporation ; and
(g) generally, for the management of the affairs 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).
(3) The members of the Corporation shall be subject to the
rules of the Corporation made under this section.
4 Pahiyangala Conservation and Development
Foundation (Incorporation) Act, No. 24 of 2009
Fund of the 7. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter received by way of gift,
donation, testamentary dispositions, subscriptions,
contributions, fees or grants on account of the Corporation
shall be deposited to the credit of the Corporation in one or
more Banks as the Board shall determine.
(2) All expenses borne by the Corporation in the exercise,
discharge and performance of the powers, duties and functions
of the Corporation under this Act shall be paid out of the
fund of the Corporation.
Audit and 8. (1) The financial year of the Corporation shall be the
Accounts. 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 by a
qualified auditor.
(4) In this section “qualified auditor ” means —
(i) 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
(ii) 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 9. All debts and liabilities of the Foundation existing
and payable to on the day preceding the date of commencement of this Act,
the Foundation.
shall be paid by the Corporation hereby constituted and all
Pahiyangala Conservation and Development 5
Foundation (Incorporation) Act, No. 24 of 2009
debts due to, subscriptions and contributions payable to the
Foundation on that day shall be paid to the Corporation for
the purposes of this Act.
10. The Corporation shall be able and capable in law, to Corporation may
acquire and hold any property movable or immovable which hold property
movable or
may become vested in it by virtue of any purchases, grant,
immovable.
gift, testementary 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.
11. The seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever except in the presence of the Corporation.
Chariman, the Secretary or the Treasurer 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.
12. If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities, remaining on
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 Institute or Institutes
having objects similar to those of the Corporation, and which
is or are by the rules thereof prohibited from distributing any
income or property among its or their members. Such Institute
or Institutes shall be determined by the members of the
Corporation at the time of dissolution or immediately before,
the dissolution of the Corporation.
13. Nothing in this Act contained shall prejudice or affect Saving of the
the rights of the Republic or of any body politic or corporate. rights of the
Republic and
others.
14. In the event of any inconsistency between the Sinhala text
Sinhala and Tamil texts of this Act, the Sinhala text shall to prevail in
case of
prevail. inconsistency.

6 Pahiyangala Conservation and Development
Foundation (Incorporation) Act, No. 24 of 2009
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GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
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