ACT, No. 3 OF 2010

3of2010.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
HAMPTON VILLAGE SRI LANKA TRUST
(INCORPORATION) ACT, No. 3 OF 2010
[Certified on 09th February, 2010]
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 February 12, 2010
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
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Hampton Village Sri Lanka Trust 1
(Incorporation) Act, No. 3 of 2010
[Certified on 09th February, 2010]
L.D.—O. (Inc.) 21/2007.
ANACT TO INCORPORATE THE HAMPTON VILLAGE SRI LANKA TRUST
WHEREAS a Trust called and known as “The Relief Fund Preamble.
Hampton Sri Lanka Trust” has heretofore been established in
Sri Lanka for the purpose, inter alia, of constructing model
village to be named as the “Hampton Village- Sri Lanka” for
the Tsunami victims in Sri Lanka in the District of Galle
according to the rules agreed to by its members:
AND WHEREAS the Board of Trustees of the said Trust has
applied for the incorporation of the said Trust and it will be
to 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. This Act may be cited as the Hampton Short Title.
Village Sri Lanka Trust (Incorporation) Act, No. 3 of 2010.
2. From and after the date of commencement of this Act, Incorporation of
the Hampton
such and so many persons as are now members of “The Relief
Village Sri Lanka
Fund Hampton Sri Lanka Trust” (hereinafter referred to as Trust.
“The Relief Fund Hampton Sri Lanka Trust”) or shall hereafter
be admitted as members of the Corporation hereby constituted
shall be a body corporate (hereinafter referred to as the
“Corporation”) with perpetual succession and a common seal
under the name and style of The Hompton Village Sri Lanka
Trust and by that name may sue and be sued, with full power
and authority to have and to use a common seal and to alter
the same at its pleasure.
3. The General Objects for which the Corporation is General objects
constituted are hereby declared to be— of the
Corporation.
(a) to construct a model Village named Hampton
Village-Sri Lanka consisting of fifty houses, a
2 Hampton Village Sri Lanka Trust
(Incorporation) Act, No. 3 of 2010
community centre including a play ground, place
of worship, facilities for the sale of necessaries and
groceries and other buildings or structures that may
be required for the said village;
(b) to take all necessary measures for the maintenance,
improvement and management of the said village;
(c) to promote cultural relationships between the
residents of Hampton Village Sri Lanka and the
residents in Hampden Middlesex, England;
(d) to advance the education and training of students
and yong persons in particular of those residents in
the Village;
(e) to promote the economic, social and cultural
advancement, in particular of those residents in the
Village.
Management of 4. (1) The affairs of the Corporation shall subjects to
the affairs of the
Corporation. the rules of the Corporation to be made under section 6, be
administered by a Board of Directors (hereinafter referred to
as the “Board”) consisting of the Chairman, Vice Chairman
and other office bearers elected or appointed in accordance
with the rules of the Corporation.
(2) The first Board shall consist of the members of the
Board of Trustees of the Relief Fund Hampton Sri Lanka
Trust on the day immediately preceding the date of
commencement of this Act.
(3) The members of the Board shall act purely in an
honorary capacity and shall not be entitled to receive any
remuneration by way of salary, allowance or honorarium,
but shall be re-imbursed for expenses actually incured by
them in the performance of their duties.
Hampton Village Sri Lanka Trust 3
(Incorporation) Act, No. 3 of 2010
(4) A person shall be disqualified from being appointed
or continuing in office as amember of the Board, if he :—
(a) is a person who having been declared an insolvent
or bankrupt under any law in force in Sri Lanka, or
any other country, is an undercharged insolvent or
bankrupt;
(b) is convicted of an offence involving moral
turpitude;
(c) is under any law in force in Sri Lanka found or
declared to be of unsound mind or mentally
deficient;
(d) is absent from Sri Lanka for a continuous period
exceeding one year without perviously obtaining
the consent of the Board; or
(e) neglects or fails to act as a Director.
5. Subject to the provisions of this Act and any other General powers
written law, the Corporation shall have the power to do, of the
Corporation.
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 one of
them including the power to:—
(a) acquire, hold, take or give on lease or hire, mortgage,
pledge, sell, exchange, or otherwise alienate or
dispose of any immovable property for the purpose
of the Corporation;
(b) enter into and perform or carry out, whether
directly or through any officer or agent authorized
in that behalf by the Corporation, all such contracts
or agreements as may be necessary for the attainment
of the objects or the exercise of the powers of the
Corporation;
4 Hampton Village Sri Lanka Trust
(Incorporation) Act, No. 3 of 2010
(c) accept gifts, donations and bequests in cash or in
kind;
(d) invest its funds, and to maintain current deposits
and savings accounts in any bank;
(e) borrow or invest money for the pusposes of the
Corporation in such manner and upon such security
as the Corporation may think fit; and
(f) appoint, employ, transfer, exercise disciplinary
control over and dismiss officers and servants
required for the carrying out of the objects of the
Corporation.
Rules of the 6. (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 other written law on all or any of the
following matters :—
(a) the classification of members and membership
and the admission, withdrawal or expulsion of
members ;
(b) the election of office-bearers, the resignation from,
vaction of, or removel from office and their powers
and duties ;
(c) the election of members to the Board and its powers
conduct and duties ;
(d) the powers, duties and functions of the various
officers, agents and servants of the Corporation ;
(e) the procedure to be observed at meetings of the
Board or the summoning and holding of meetings
of the Board, the time, places, notices and agenda
Hampton Village Sri Lanka Trust 5
(Incorporation) Act, No. 3 of 2010
of such meetings and the quorum therefore and the
conduct of business thereat ; and
(f) the administration and management of the property
of the Corporation and the custody of its funds.
(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 at all times be
subject to the rules of the Corporation.
7. (1) The Corporation shall have its own fund and all Fund of the
Corporation.
moneys heretofore or hereafter received by way of gifts,
testamentary dispositions, transfers, donations, subscriptions,
contributions, fees or grants or any financial investment shall
be deposited to the credit of the fund of the Corporation in
one or more Banks as may be determined by the Board.
(2) All expenses incurred by the Corporation in exercising
and discharging its powers and functions shall be paid out of
the fund.
8. (1) The financial year of the Corporation shall be Audit and
the calendar year. Accounts.
(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 appointed by the Board.
(4) In 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
6 Hampton Village Sri Lanka Trust
(Incorporation) Act, No. 3 of 2010
established by law, possesses a certificate
to practice as an accountant issued by
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 practice as an accountant issued by
such Institute.
Seal of the 9. The seal of the Corporation shall be in the custody of
Corporation.
the Secretary and shall not be affixed to any instrument
whatsoever except in the presence of the President and the
Secretay of the Corporation or such other person duly
authorized by the Board who shall sign their names on the
instrument in token of their presence and such signing shall
be independent of the signing of any person as a witness.
Debts due by 10. All debts and liabilities of the Relief Fund Hampton
and payable to
the Trust. Sri Lanka Trust existing on the day preceding the date of
commencement of this Act shall be paid by the Corporation
hereby constituted and all debts due to, subscriptions and
contributions payable to the Relief Fund Hampton Sri Lanka
Trust on that day shall be paid to the Corporation for the
purpose of this Act.
Limitation of 11. No member of the Corporation shall, for the purpose
Liabilitiy of of discharging the debts and liabilities of the Corporation or
members.
for any other purpose, be liable to make any contribution
exceeding the amount of such membership fees as may be
due from him to the Corporation.
Application of 12. The moneys and property of the Corporation
moneys and
property. howsoever derived shall be applied solely towards the
promotion of its objects as set forth herein and no portion
thereof shall be paid or transferred directly or indirectly by
way of dividend, bonus, profit or otherwise howsoever to the
members of the Corporation.
Hampton Village Sri Lanka Trust 7
(Incorporation) Act, No. 3 of 2010
13. Subject to the provisions of this Act, the Corporation Corporation
shall be able and capable in law to acquire and hold any may hold
property
property, movable or immovable, which may become vested movable and
in it by virtue of any purchase, grant, gift, testamentary immovable.
disposition or otherwise, and all such property shall be held
by the Corporation for the purposes of the Corporation 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.
14. 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 association or
associations having objects similar to the objects of the
Corporation, and which is, or are by the rules thereof
prohibited from distributing any income or profit among its
or their members. Such association or associations shall be
determined by the members of the Corporation at or
immediately before the time of dissolution of the Corporation.
15. Nothing in this Act contained shall prejudice or Saving of the
rights of the
affect the rights of the Republic or any body politic or
Repubilc and
corporate. others.
16. In the event of any inconsistency between the Sinhala Text to
Sinhala and Tamil text of this Act, the Sinhala text shall prevail in case of
inconsistency.
prevail.

8 Hampton Village Sri Lanka Trust
(Incorporation) Act, No. 3 of 2010
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