ACT, No. 35 OF 2011

35of2011.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
PAHALAGAMA SRI SOMARATHANA
NAYAKA THERO FOUNDATION
(INCORPORATION) ACT, No. 35 OF 2011
[Certified on 23rd August, 2011]
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 26, 2011
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 5.25 Postage : Rs. 10.00

Pahalagama Sri Somarathana Nayaka Thero 1
Foundation (Incorporation) Act, No. 35 of 2011
[Certified on 23rd August, 2011]
L.D.—O. (INC) 12/2010.
ANACT TO INCORPORATE THE PAHALAGAMA SRI SOMARATHANA
NAYAKA THERO FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Pahalagama Sri Somarathana Nayaka Thero Foundation”
has heretofore been formed for the purpose of effectually
carrying out its objects and transacting all matters connected
with the Foundation, according to the rules agreed to, by its
members:
AND WHEREAS the said Foundation has applied to be
incorporated in order to enable it more effectively to carry
out and fulfil the several objects and purposes for which it
was formed and it will be expedient 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 Pahalagama Short title.
Sri Somarathana Nayaka Thero Foundation (Incorporation)
Act, No. 35 of 2011.
2. From and after the date of commencement of this Incorporation of
the Pahalagama
Act, such and so many persons as now are members of the
Sri Somarathana
Pahalagama Sri Somarathana Nayaka Thero Foundation Nayaka Thero
(hereinafter referred to as the “Foundation”) or shall hereafter Foundation.
be admitted as members of the Corporation hereby
constituted, shall be a body corporate (hereinafter referred
to as the “Corporation”) with perpetual succession, under
the name and style of the “Pahalagama Sri Somarathana
Nayaka Thero Foundation” 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 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 conduct Dhamma sermons, discussions and
seminars;
2—PL 004923 —3,090 (06/2010)
2 Pahalagama Sri Somarathana Nayaka Thero
Foundation (Incorporation) Act, No. 35 of 2011
(b) to print, publish and distribute books, magazines,
journals, papers and programmes relating to
Buddhism;
(c) to set up and maintain reading halls, lecture halls,
and academic institutions for the study, promotion
and propagation of Buddhism;
(d) to organize and conduct activities for the
preservation of Buddhist culture and moral
development;
(e) to take steps to improve the way of life of adherents
of the Buddhist faith;
(f) to promote national Buddhist customs and to
improve the spiritual and social values of adherents
of the Buddhist faith;
(g) to assist the younger generation of adherents of the
Buddhist faith to face up to social and economic
hardships;
(h) to conduct social service activities in accordance
with Buddhist principles and to encourage the
adherents of the Buddhist faith to engage in such
activities; and
(i) to establish and maintain institutions for
educational and social service activities for the
adherents of the Buddhist faith.
General Powers 4. Subject to the provisions of this Act, or other written
of the law, the Corporation shall have the power to do, perform
Corporation.
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 open, operate and close bank
accounts, to borrow or raise money, with or without security,
Pahalagama Sri Somarathana Nayaka Thero 3
Foundation (Incorporation) Act, No. 35 of 2011
to receive 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.
5. (1) The affairs of the Corporation shall, subject to Management of
the rules made under section 6 be administered by a the affairs of the
Corporation.
Committee of Management consisting of the Director-
General, the Honorary Secretary and the Honorary Treasurer
and not less than six other members as may be provided for
in those rules and elected in accordance therewith.
(2) The founder member of the Foundation, Rev.
Pahalagama Sri Somarathana Nayaka Thero shall be the
Chairman of the Committee of Management for life. The
Chairman shall be the Chief Executive Officer of the
Corporation.
(3) 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.
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 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 and the admission,
withdrawal or expulsion of members;
(b) the election of the office bearers, resignation or
vacation of, or removal from office of office-bearers
and their powers, conduct and duties;
(c) the election of the members of the Committee of
Management and its powers, conduct and duties;
(d) the procedure to be observed at, and the summoning
and holding of meetings of the Corporation,
4 Pahalagama Sri Somarathana Nayaka Thero
Foundation (Incorporation) Act, No. 35 of 2011
Committee of Management or any sub-committee
and of the time, places, notices and agenda, of such
meetings, the quorum therefore and the conduct of
business thereof;
(e) the powers, conduct, duties and functions of the
various officers, agents and servants of the
Corporation;
(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.
(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) All 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
and payable to on the day preceding the date of commencement of this Act,
the Foundation.
shall be paid and discharged by the Corporation 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 8. The Corporation shall be able and capable in law to
may hold take and hold any property, movable or immovable, which
property
movable and may become vested in it by virtue of any purchase, grant,
immovable. gift, lease 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 made under section 6 with full power to sell,
mortgage, lease, exchange or otherwise dispose of the same.
Pahalagama Sri Somarathana Nayaka Thero 5
Foundation (Incorporation) Act, No. 35 of 2011
9. (1) The Corporation shall have its own fund and all Fund of the
moneys heretofore or hereafter to be received by way of Corporation.
testamentary dispositions, donations, contributions and
fees deposited in the name of the Corporation in one or
more banks as may be decided by the Committee of
Management.
(2) There shall be paid out from the fund, all sums of
moneys to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of
its powers, duties and functions under this Act.
10. (1) The financial year of the Corporation shall be Accounts and
the calendar year. Audit.
(2) The Corporation shall cause proper accounts to be
kept of all moneys received and expended by the
Corporation.
(3) The Accounts of the Corporation shall be examined
and audited at least once in every year and the
correctness of income and expenditure account and the
balance sheet certified by a qualified auditor appointed by
the Committee of Management.
(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 established by law, possesses a
certificate to practice as an Accountant, issued by
the Council of 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 the Council of such
Institute.
6 Pahalagama Sri Somarathana Nayaka Thero
Foundation (Incorporation) Act, No. 35 of 2011
Seal of the 11. The seal of the Corporation shall not be affixed to
Corporation. any instrument whatsoever, except in the presence of the
Honorary Secretary of the Committee of Management and
such other person duly authorised by 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.
Property 12. If upon the dissolution of the Corporation, there
remaining on remains, after the satisfaction of all its debts and liabilities,
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 prohibited from distributing any income
or property among their members. Such institution or
institutions shall be determined by the members of the
Corporation at, or immediately before, the time of dissolution
of the Corporate.
Saving of the 13. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or any body politic, or
Republic and
corporate.
others.
Sinhala text to 14. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.

Pahalagama Sri Somarathana Nayaka Thero 7
Foundation (Incorporation) Act, No. 35 of 2011
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(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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