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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
JOHN SENEVIRATNE FOUNDATION
(INCORPORATION) ACT, No. 27 OF 2014
[Certified on 20th August, 2014]
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 August 22, 2014
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 12.00 Postage : Rs. 20.00
John Seneviratne Foundation (Incorporation) 1
Act, No. 27 of 2014
[Certified on 20th August, 2014]
L.D.—O. (INC.) 28/2010.
ANACT TO INCORPORATE THE JOHN SENEVIRATNE FOUNDATION.
WHEREAS a Foundation called and known as the “John Preamble.
Seneviratne 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 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 John Seneviratne Short title.
Foundation (Incorporation) Act, No. 27 of 2014.
2. (1) From and after the date of commencement of Incorporation
this Act such and so many persons as now are members of of the John
Seneviratne
the “John Seneviratne Foundation” (hereinafter referred to
Foundation.
as the "Foundation") and 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 “John Seneviratne 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—PL 005320—2100 (07/2014)
2 John Seneviratne Foundation (Incorporation)
Act, No. 27 of 2014
General Objects 3. (1) The general objects for which the Corporation is
of the
constituted are hereby declared to be—
Corporation.
(a) to award scholarships to deserving strudents who
have been select to follow coureses at Universities
and Technical Colleges;
(b) to establish and maintain water supply schemes in
areas where there is a scarcity of water, subject to
the provisions of section 21 of the National Water
Supply and Drainage Board Law, No 2 of 1974;
(c) to organize tours, pleasure trips and such other
activities, with a viwe to promoting the objects of
the Corporation;
(d) to promote peace, goodwill, understanding and co-
operation among all communities and people of
Sri Lanka;
(e) to introduce suitable methods to prevent or
minimize the impact of natural disasters;
(f) to assist the relevent authorities—
(i) to organize workshops and seminars, and
provide other necessary assistance to school
principals and teachers in order to appreciate
and encourage their services and to enhance
their professional knowledge and skills;
(ii) to provide medical relief to the needy with
the assistance of doctors and health workers
attached to teaching hospitals;
(iii) to assist needy children financially or
otherwise to enable them to continue their
studies;
John Seneviratne Foundation (Incorporation) 3
Act, No. 27 of 2014
(iv) to grant lands and houses to needy families
who do not own lands and houses in
accordance with the applicable laws;
(v) to establish and maintain vocational training
institutions and encourage school leavers to
improve their vocational skills by attending
such institutions;
(vi) to provide self-employment opportunities for
unemployed;
(vii) to print, publish and distribute such books,
journals, bulletins and newspapers as are
necessary to disseminate information relating
to the objects of the Corporation; and
(vii) to assist other voluntary organizations
registered under the Ministry of Social
Services in providing facilities to visually
handicaped and hearing impaired persons.
(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 one of such grounds.
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
Department of
Government or of any Provincial Council.
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 Governing Board
(hereinafter referred to as “the Board”) consisting of such
number of office bearers as may be specified by the rules
made under section 7.
4 John Seneviratne Foundation (Incorporation)
Act, No. 27 of 2014
(2) (a) The Board of the foundation holding 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 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 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.
Powers of the 6. Subject to the provisions of this Act and any
Corporation. other 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 pruposes 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;
John Seneviratne Foundation (Incorporation) 5
Act, No. 27 of 2014
(b) to borrow or raise funds with or without 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;
(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.
6 John Seneviratne Foundation (Incorporation)
Act, No. 27 of 2014
Rules of the 7. (1) It shall be lawful for the Corporation, from time
Corporation. to 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 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 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 Board or any sub-
committee thereof, notices and agenda of such
meetings, the quorum and the conduct of business
thereat;
(e) the qualifications 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
Corpration 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.
John Seneviratne Foundation (Incorporation) 7
Act, No. 27 of 2014
(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 Government 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 grants 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.
(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.
(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
8 John Seneviratne Foundation (Incorporation)
Act, No. 27 of 2014
(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.
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
Secretary of the Ministry of the Minister assigned the subject
of social services 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).
Debts due by 12. All debts and liabilities of the Foundation existing
and payable to
the Foundation. on the day immediately preceding the date of commencement
of this Act, shall be paid 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 for the purposes of this Act.
Corporation 13. 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 purposes 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.
John Seneviratne Foundation (Incorporation) 9
Act, No. 27 of 2014
14. 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.
15. (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 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.
(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.
16. (1) 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 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 the votes of the members present.
17. Nothing in this Act contained shall prejudice or Saving of the
affect the rights of the Republic or of any body politic or rights of the
Republic.
corporate.
18. 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.
10 John Seneviratne Foundation (Incorporation)
Act, No. 27 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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