ACT, No. 31 OF 2009

31of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
FREE NURSERY AND WELFARE COMPLEX
(INCORPORATION) ACT, No. 31 OF 2009
[Certified on 18th May, 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 May 22, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
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Free Nursery and Welfare Complex 1
(Incorporation) Act, No. 31 of 2009
[Certified on 18th May, 2009]
L.D.—O. INC 27/2004.
ANACT TO INCORPORATE THE FREE NURSERY AND WELFARECOMPLEX
WHEREAS an Association called and known as the “Free Preamble.
Nursery and Welfare Complex” has heretofore been
established in Sri Lanka, for the purpose of effectually
carrying out and transacting all objects and matters connected
with the said association according to the rules agreed to by
its members :
AND WHEREAS the said association has heretofore
successfully carried out and transacted 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 Free Nursery and Welfare Short title.
Complex (Incorporation) Act, No. 31 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as presently are members of the the Free Nursery
and Welfare
Free Nursery and Welfare Complex (hereinafter referred to as
Complex.
the “Complex”) or shall hereafter be admitted members of
the Corporation hereby constituted shall be a body corporate
with perpetual succession under the name and style of the
“Free Nursery and Welfare Complex” (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 objects
constituted are hereby declared to be— of the
Corporation.
(a) to encourage, assist and advice on self- employment
projects ;
2 Free Nursery and Welfare Complex
(Incorporation) Act, No. 31 of 2009
(b) to assist children and adults by providing necessary
schools and educational institutes other than
national schools enumerated in Appendix III of List
1 of the 9th Schedule to the Constitution, with
accessory, educational and library facilities ;
(c) to provide necessary financial assistance for the
promotion of arts, literature, construction of images
and modelling, production of television Dramas,
films and stage plays, in order to develop the interest
and skills of members and non members ;
(d) to organize national and religious ceremonies and
“Sramadanas”, for the development of mutual
confidence and goodwill among the people ;
(e) to develop ational and international relationships
by exchanging experience and technical knowledge
and to organize excursions ;
(f) to collect economical and human resources for the
purpose of investigation and accumulation of
information ;
(g) to care for disabled persons and to provide homes
for the aged ;
(h) to protect the environment and to improve modern
techniques of organic agriculture ; and
(i) 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 affairs of the the other provisions of this Act and the rules made under
Corporation. section 8 of the Corporation, be administered by a Committee
of Management consisting of a President and six other office
bearers to be elected in the manner provided for by the rules
of the Corporation.
Free Nursery and Welfare Complex 3
(Incorporation) Act, No. 31 of 2009
(2) The first Committee of Management of the
Corporation shall consist of the members of the Committee
of Management of the Complex holding office on the day
immediately preceding the date of commencement of this Act.
(3) Notwithstanding anything to the contrary in
subsection (1), of this section, Ven. Banagala Gunaratana
Thero the founder President of the Complex shall be the first
President of the Corporation and shall be elegible for re-
appointment for another term of office.
5. (1) The Committee of Management shall cause to be Register of
maintained a register of members, in which the names of every members and
fees.
person who was, on the day preceding the date of
commencement of this Act, a member of the Complex and
every person who thereafter is duly admitted a member of the
Corporation, shall be included.
(2) Every member whose name has been entered in the
register maintained under subsection (1), shall be required to
pay such amount, as annual membership fee as shall be
determined by rules made in that behalf.
6. A member shall cease to be a member of the Cancellation of
Corporation in any one of the following circumstances:— Membership.
(i) death of the member ;
(ii) leaving Sri Lanka permanently ;
(iii) resignation from membership ;
(iv) any mental or physical disorder which prevents a
member from participating in the Corporations
activities ;
(v) acting against the disciplinary rules of conduct for
members ; or
(vi) default in payment of membership fee for two
consecutive years.
4 Free Nursery and Welfare Complex
(Incorporation) Act, No. 31 of 2009
Powers of the 7. Subject to the provisions of this Act and any other
Corporation. written law, the Corporation shall have the power to—
(a) purchase, acquire, rent, construct and otherwise
obtain lands or buildings which may be required for
the purposes of the Corporation ;
(b) borrow or raise money from any Government
approved bank and other institutions (foreign and
local) for the purposes of the Corporation with the
approval of the Committee of Management ;
(c) make, draw, accept, discount, endorse, negotiate, buy,
sell and issue bills of exchange, cheques, promissory
notes and other negotiable instrument and to open,
operate, maintain and close bank accounts ;
(d) invest funds not immediately required for the
purposes of the Corporation, in such a manner as the
Committee of Management may think fit ;
(e) solicit and receive subscriptions, grants, donations
and gifts of all kinds ;
(f) enter into agreements or contracts with any person,
company or body of persons ;
(g) undertake, accept, execute, perform and administer
any lawful trusts and conditions affecting any
property ;
(h) appoint, employ, dismiss or terminate the, services
of officers and servant of the Corporation and to pay
them such salaries, allowances and gratuities as may
be determined by the Corporation ;
(i) train personnel in Sri Lanka or abroad for the purposes
of the Corporation ; and
(j) do all such other acts or things as may be necessary
or conducive to the carrying out of the objects of the
Corporation.
Free Nursery and Welfare Complex 5
(Incorporation) Act, No. 31 of 2009
8. (1) It shall be lawful for the Corporation from time Rules of the
to time at any General Meeting of the Corporation and by Corporation.
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 the
following matters:—
(a) classification of membership, fees payable by each
class of members, their admission, withdrawal,
expulsion or resignation ;
(b) election of the members of the Committee of
Management, vacation of or removal from office as
office bearers, term of office of the office bearers and
powers, duties and functions of the Committee of
Management;
(c) the appointment, powers, duties and functions of
various officers, agents and servants of the
Corporation ;
(d) the procedure to be observed at and the summoning
and holding of meetings of the Committee of
Management, the Corporation or any sub committee
thereof, filling of vacancies, notices and agenda of
such meetings, the quorum therefor and the conduct
of business thereat ;
(e) the qualifications and disqualifications for
membership in the Committee of Management and
the Corporation ;
(f) the administration and management of the property
of the Corporation, and the accomplishment of the
objects of the Corporation.
(2) Any rules 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).
6 Free Nursery and Welfare Complex
(Incorporation) Act, No. 31 of 2009
(3) The members of the Corporation shall be subject to
the rules of the Corporation made under this section.
Fund of the 9. (1) The Corporation shall have its own fund and all
Corporation. moneys received by way of gifts, bequests, donations,
subscriptions, and contributions, fees or grants on account of
the Corporation shall be deposited in a bank or banks
approved by the Committee of Management to the credit of
the Corporation.
(2) There shall be paid out of the Fund, all sums of money,
required to defray any expenditure incurred by the
Corporation in the exercise of its powers and the performance
of its duties.
Audit and 10. (a) The financial year of the Corporation shall be
accounts. the calendar year.
(b) The Corporation shall cause proper accounts to be
kept of its income and expenditure, assets and liabilities and
all other transactions of the Corporation.
(c) The accounts of the Corporation shall be audited by
a qualified auditor.
(d) In this section, “qualified auditor” means—
(i) an indivdual 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
practicse as an Accountant issued by the Council of
such Institute.
Free Nursery and Welfare Complex 7
(Incorporation) Act, No. 31 of 2009
11. All debts and liabilities of the Complex existing on Debts &c,
the day immediately preceding the date of commencement due by and to
the Complex
of this Act, shall be paid by the Corporation hereby
payable by
constituted, and all debts due to and subscription due and and to the
payable to the Complex on the day immediately preceding Corporation.
the date of commencement of this Act, shall be paid to the
Corporation hereby constituted.
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 institution or institutions
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. The members
of the Corporation shall determine such institution or
institutions at the time of dissolution of the Corporation or
prior its dissolution.
13. The seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever, except in the presence of the Corporation.
President, Secretary and one member duly authorized by the
Corporation 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.
14. 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.
corporate.
15. 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.

8 Free Nursery and Welfare Complex
(Incorporation) Act, No. 31 of 2009
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