ACT, No. 42 OF 2014

42of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
KALPAWRUKSHA DEVELOPMENT
FOUNDATION (INCORPORATION)
ACT, No. 42 OF 2014
[Certified on 24th November, 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 November 28, 2014
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs.11.00 Postage : Rs. 50.00

Kalpawruksha Development 1
Foundation (Incorporation) Act, No. 42 of 2014
[Certified on 24th November, 2014]
L.D.—O. Inc. 29/2012.
ANACT TO INCORPORATE THE KALPAWRUKSHA DEVELOPMENT
FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Kalpawruksha Development 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 the said 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 Kalpawruksha Short title.
Development Foundation (Incorporation) Act,
No. 42 of 2014.
2. (1) From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the the
Kalpawruksha
Kalpawruksha Development Foundation (hereinafter referred Development
to as the “Foundation”) or shall hereafter be admitted as Foundation.
members of the Corporation hereby constituted shall be a
body corporate with perpetual succession under the name
and style of the “Kalpawruksha Development 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—PL 005787— 2900 (10/2014)
2 Kalpawruksha Development
Foundation (Incorporation) Act, No. 42 of 2014
(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 Coporation.
General objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to promote peace through the development of
harmony among races and individuals;
(b) to encourage the followers of Buddhist faith to
secure the environment and develop the society;
(c) to steer an individual centered society development
process and specially direct the Buddhist
community to minimize the problems faced by
children of the Buddhist faith;
(d) to provide for the protection, maintenance and
development of the temple;
(e) to provide the resident Bhikkus with security, meals
and their daily needs;
(f) to organize religious activities in the temple
premises;
(g) to lead the Buddhists both young and old to a
religious way of life based on Buddhist ethics and
the observance of the five precepts;
(h) to establish and maintain a Daham School, conduct
examinations, organize competitions and to provide
equipments required by the Daham school;
(i) to establish and maintain a hospital in order to treat
devotees who face emergencies in the Sri Pada area
with the approval of the relevant authorities;
Kalpawruksha Development 3
Foundation (Incorporation) Act, No. 42 of 2014
(j) to assist in fulfilling the educational activities and
training requirements of the Bhikkus ordained in
the temple;
(k) to organize religious activities, sermons, and
religious conferences for the sustenance of
Buddhism; and
(l) to organize processions, meritorious activities, alms
giving ceremonies, and other voluntary activities
for the development of the temple and the area
around it based on Buddhist principles.
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
Government or of any Provincial Council. Department of
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 Board of Management
(hereinafter referred to as the “Board”) consisting of such
number of office bearers as may be specified by the rules
made under section 7.
(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 advisers, shall be appointed or elected for a
period of three years and any such office bearer, patron or
adviser shall be eligible for re-appointment or re-election
after lapse of the said period of three years.
4 Kalpawruksha Development
Foundation (Incorporation) Act, No. 42 of 2014
(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 perosn 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 other
Corporation. 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 furtherence 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 purposes 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;
(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 approved 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;
Kalpawruksha Development 5
Foundation (Incorporation) Act, No. 42 of 2014
(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.
7. (1) It shall be lawful for the Corporation, from time Rules of the
to time, at any general meeting of the Corporation and by a Corporation.
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;
6 Kalpawruksha Development
Foundation (Incorporation) Act, No. 42 of 2014
(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 follwed for the summoning
and holding of meetings of the Board or any
sub- committee thereof, notices and agenda of such
meetings, the quorum 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
Corporation 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
the like manner, as a rule made under subsection (1) of this
section.
(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 Gazette.
Register of 8. The Board shall maintain a register of members in
members. which name, address and other essential details of the
members shall be inscribed.
Kalpawruksha Development 7
Foundation (Incorporation) Act, No. 42 of 2014
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 libilities 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
(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 establisehd by law, possesses a
certificate to practice as an Accountant, issued
by the Councial of such Institute.
8 Kalpawruksha Development
Foundation (Incorporation) Act, No. 42 of 2014
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 Buddhasasana and Religious Affairs and to the Registrar
of Voluntary Social Services Organizations appointed under
the Voluntary Social Services Organizations (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 on the day immediately preceding the date of commencement
the Foundation.
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 purpose 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.
Application of 14. The moneys and property of the Corporation however
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.
Kalpawruksha Development 9
Foundation (Incorporation) Act, No. 42 of 2014
15. (1) The seal of the Corporation shall not be affixed Seal of the
Corporation.
to any instrument whatsoever, except in the presence of
two 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 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
prevail.
inconsistency.

10 Kalpawruksha Development
Foundation (Incorporation) Act, No. 42 of 2014
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