ACT, No. 26 OF 2009

26of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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GAMAGE ARTHUR PERERA FOUNDATION
(INCORPORATION) ACT, NO. 26 OF 2009
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[Certified on 21st April, 2009]
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 Lankaof April 24, 2009
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
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Gamage Arthur Perera Foundation (Incorporation) 1
Act, No. 26 of 2009
[Certified on 21st April, 2009]
L. D. —O. (Inc.) 38/2005
ANACTTO INCORPORATE THEGAMAGE ARTHUR PERERAFOUNDATION
WHEREAS a Foundation called and known as the “Gamage Preamble.
Arthur Perera 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 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 therefor enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Gamage Arthur Perera Short title.
Foundation (Incorporation) Act, No. 26 of 2009.
2. From and after the date of commencement of this Act, Incorporation
such and so many persons as are members of the “Gamage of the Gamage
Arthur Perera Foundation” (hereinafter referred to as the Arthur Perera
Foundation.
“Foundation”) or shall hereafter be admitted as members of
the Corporation hereby constituted shall and become a body
corporate with perpetual succession under the name and style
of Gamage Arthur Perera Foundation (hereinafter referred to
as “the Corporation”) 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 alter the same at its pleasure.
3. The general objects for which the Corporation is General
constituted are hereby declared to be — Objects of the
Corporation.
(a) to establish and maintain orphanages and homes
for the aged in the name of Gamage Arthur Perera
and to establish social welfare centres;
2 Gamage Arthur Perera Foundation (Incorporation)
Act, No. 26 of 2009
(b) to provide medical aid, food and housing to the
poor, the destitute and the sick ;
(c) to co-operate and associate with other associations,
societies or organizations having objects similar to
those of the Corporation ;
(d) to sponsor and conduct conferences, seminars
workshops, group studies and lectures in Sri Lanka
and elsewhere, in furtherance of the objects of the
Corporation; and
(e) to print, publish and distribute books, journals,
leaflets, newspapers and magazines which the
Corporation may consider desirable for the
promotion and advancement of its objects.
Management of 4. (1) The affairs of the Corporation shall subject to the
the affairs of the rules of the Corporation be administered by a Committee of
Corporation.
Management of not less than seven members including the
President, Honorary Secretary, two Vice-Presidents and
Treasurer to be elected in accordance with the rules in force
for the time being of the Corporation.
(2) The first Committee of Management of the
Corporation shall consist of the members of the Committee
of Management of the Foundation holding office on the day
immediately preceding the date of commencement of this
Act. Such first Committee of Management may hold office
until holding of the first Annual General Meeting of the
Corporation.
Powers of the 5. 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, matters and things
whatsoever, as are necessary or desirable for the promotion or
furtherance of the objects of the Corporation or any of them,
including the power to open, operate or close bank accounts,
to borrow or raise moneys, with or without security, to receive
Gamage Arthur Perera Foundation (Incorporation) 3
Act, No. 26 of 2009
or collect grants and donations to invest its funds and to
engage, employ and dismiss officers and servants required
for the carrying out of the objects of the Corporation.
6. (1) It shall be lawful for the Corporation from time to Rules of the
time, at any general meeting and by a majority of not less Corporation.
than two-thirds of the members present 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 the 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 power, conduct and duties;
(c) the election of the members of the Committee of
Management and its powers, conduct and duties
and the terms of office of members of the Committee
of Management;
(d) the powers, conduct, duties and functions of the
various officers, agents and servants of the
Corporation;
(e) the procedure to be observed for the summoning
and holding of meetings of the Committee of
Management, the times, places, notices 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, the custody of its funds and the
maintenance and audit of its accounts; and
(g) generally, for the management of the affairs of the
Corporation and the accomplishment of its objects.
4 Gamage Arthur Perera Foundation (Incorporation)
Act, No. 26 of 2009
(2) Any rule made by the Corporation may be amended,
altered, added to or rescinded at a like manner as a rule may
be made under sub-section (1).
(3) The members of the Corporation shall be subject to
the rules of the Corporation.
Debts due by 7. All debts and liabilities of the Foundation existing on
and payable to
the day preceding the date of commencement of this Act,
the Association.
shall be paid and discharged 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 hereby constituted.
Corporation may 8. The Corporation shall be able and capable in law to
hold property
movable and acquire and hold any property movable or immovable, which
immovable. may become vested in it by virtue of any purchase, grant, gift
or 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 of the Corporation, with full power to
sell, mortgage, lease, exchange or otherwise dispose of,
encumber or charge the same.
Funds of the 9. (1) The Corporation shall have its own fund and all
Corporation.
moneys heretofore or hereafter to be received by way of gift,
bequest, donation, subscription, contribution, fees or grants
for or and on account of the Corporation shall be deposited
in one or more banks as the Corporation shall determine.
(2) There shall be paid out from the fund, all sums of
moneys as are required to defray any expenditure incurred
by the Corporation in the exercise, performance and discharge
of its powers and functions under this Act.
Accounts and 10. (1) The Corporation shall cause proper accounts to
Auditing.
be kept of all moneys received and expended by the
Corporation.
Gamage Arthur Perera Foundation (Incorporation) 5
Act, No. 26 of 2009
(2) The Accounts of the Corporation shall be examined
and audited at least once in every year and the correctness of
Income, Expenditure and the Balance Sheet certified by the
Auditor or Auditors who shall be an associate member or
members of the Institute of Chartered Accountants of Sri Lanka
appointed by the Corporation.
11. 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 institution or institutions having
objects similar to those of the Corporation and which is or
are by its or their rules prohibited from distributing any
income or property, among the members.
12. The seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever except under the authority of the Corporation.
Committee of Management and in the presence of the
President and the Secretary or a member of the Committee of
Management 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.
13. 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 and
corporate or of any other persons.
others.
14. In the event of any inconsistency between the Sinhala Sinhala text
and Tamil texts of this Act, the Sinhala text shall prevail. to prevail in
case of
inconsistency.

6 Gamage Arthur Perera Foundation (Incorporation)
Act, No. 26 of 2009
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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