ACT, No. 44 OF 2009

44of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
AMBULUWAWA DISSANAYAKE
MUDIYANSELAGE JAYARATNE
RELIGIOUS CENTRE AND BIO-DIVERSITY
COMPLEX TRUST FUND
ACT, NO. 44 OF 2009
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[Certified on 21st August, 2009]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of August 21, 2009
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Ambuluwawa Dissanayake Mudiyanselage 1
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
[Certified on 21st August, 2009]
L.D.—O. 57/2005.
ANACT TO PROVIDE FOR THE ESTABLISHMENT OF A TRUST FUND CALLED
THEAMBULUWAWA DISSANAYAKE MUDIYANSELAGE JAYARATNE
RELIGIOUS CENTRE AND BIO-DIVERSITY COMPLEX TRUST FUND; TO
SPECIFY ITS OBJECTS AND POWERS AND TO PROVIDE FOR THE MATTERS
CONNECTED THEREWITH OR INCIDENTAL THERETO.
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows :-
1. This Act may be cited as the Ambuluwawa Short title.
Dissanayake Mudiyanselage Jayaratne Religious Centre and
Bio-diversity Complex Trust Fund Act, No. 44 of 2009.
2. (1) There shall be established a Trust Fund which Establishment of
shall be called the Ambuluwawa Dissanayake the Ambuluwawa
Dissanayake
Mudiyanselage Jayaratne Religious Centre and Bio-
Mudiyanselage
diversity Complex Trust Fund (hereinafter referred to as “the Jayaratne
Fund”). Religious Centre
and Bio-diversity
(2) The Fund shall, by the name assigned to it by Complex Trust
Fund.
subsection (1), be a body corporate and shall have perpetual
succession, and a common seal and may sue and be sued in
such name.
3. (1) The administration, management and control of Board of
the Fund shall be vested in a Board of Trustees constituted Trustees of the
Fund.
as hereinafter provided.
(2) The Board of Trustees to the Fund (hereinafter referred
to as “the Board”) shall consist of the following members:-
(a) the founder ;
(b) the Secretary to the Ministry of the Minister in
charge of the subject of Environment and Natural
Resources ;
2—PL 004116—3,290 (05/2009)
2 Ambuluwawa Dissanayake Mudiyanselage
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
(c) the Secretary to the Ministry of the Minister in
charge of the subject of Buddha Sasana ; and
(d) seven persons appointed by the founder (hereinafter
referred to as “appointed members”).
(3) The Founder shall be the Chairman of the Board.
(4) An appointed member of the Board may at any time
resign his office by written communication addressed to the
Chairman.
(5) A person shall be disqualified from being appointed
or continuing in office as a member of the Board if he is —
(a) a person who having been declared an insolvent or
bankrupt under any law in force in Sri Lanka or in
any other country, is an undischarged insolvent or
bankrupt ; or
(b) convicted of an offence involving moral turpitude
and punishable with imprisonment for a term not
less than six months ; or
(c) under any law in force in Sri Lanka, found or
declared to be of unsound mind or mentally
deficient.
(6) The term of office of an appointed member of the
Board shall subject to the provisions of paragraphs (7) and
(8) shall be three years.
(7) Where an appointed member of the Board vacates his
office by death, resignation or otherwise before the expiry
of his term of office, his successor shall hold office for the
unexpired period of the term of office of his predecessor.
Ambuluwawa Dissanayake Mudiyanselage 3
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
(8) The Founder may, at any time remove any appointed
member for reasons assigned.
(9) The Chairman of the Board shall preside at all
meetings of the Board. In the absence of the Chairman from
any meeting, the members present at such meeting shall elect
from among themselves a Chairman for that meeting.
(10) In the event of any difference of opinion between
the members of the Board, the decision of the majority shall
be binding and effectual.
(11) No act or proceeding of the Board shall be deemed
to be invalid by reason only of the existence of any vacancy
among the members.
(12) The quorum for any meeting of the Board shall be
four members.
(13) Subject to the provision of subsection (10), the
Board may make rules to regulate the procedure in regard to
its meetings and the transaction of business at such meetings.
4. The objects of the Fund shall be— Objects of the
Fund.
(a) to secure and develop the Ambuluwawa
Dissanayake Mudiyanselage Jayaratne Religious
Centre and Bio-diversity Complex ;
(b) to improve the area round the Ambuluwawa
mountain range ;
(c) to promote peace, goodwill, understanding and co-
operation among the community ;
(d) to promote and encourage inter-religious harmony
and social integration ;
4 Ambuluwawa Dissanayake Mudiyanselage
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
(e) to promote the religious development of Sri
Lankans ;
(f) to enhance the knowledge and understanding of
Sri Lankans in the field of religion ;
(g) to improve the living conditions of persons who
are economically and socially disadvantaged in the
community, including improvement to their shelters
and the provision of other infrastructure facilities ;
(h) to encourage people to intelligently invest in banks
and other financial institutions ;
(i) to establish relations with local and foreign
institutions which have similar objects as those of
the Fund;
(j) to provide financial or other assistance to any
person engaged in any activity which is similar to
any of the objects of the Fund ;
(k) to organize seminars, workshops and training
programmes in Sri Lanka and abroad on religious
fields ;
(l) to organize programmes for creating awareness
among the people on the human rights, duties and
access to justice ;
(m) to provide adequate facilities for the improvement
of sports and recreation capabilities of people ;
(n) to lead the nation to global peace based on religious
principles of co-existence and to thereby establish
avenues for planned development ;
(o) to train youth labour for the development and
welfare of the common man;
Ambuluwawa Dissanayake Mudiyanselage 5
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
(p) to encourage the farmers and establishment of youth
farmers organizations within the community;
(q) to draw the special attention of the youth for
training in pre-vocational education and in the field
of sports;
(r) to conduct seminars, lectures and exhibitions,
lotteries and educational tours;
(s) to establish and maintain libraries; and
(t) to safeguard the interest of persons who have for
generations been engaged in the practice of
indigenous medicine and to protect herbal and
medicinal plants, indigenous to Sri Lanka.
5. The seal of the Fund— Seal of the
Fund.
(a) shall be in the custody of such person as the Board
may from time to time determine;
(b) may be altered in such manner as may be determined
by the Board; and
(c) shall not be affixed to any document except with
the sanction of the Board and in the presence of
two members of the Board who shall sign the
document in token of their presence.
6. (1) The Board shall, in the name of the Fund have the Powers and
Functions of the
power to do all things necessary for, or conducive or
Fund.
incidental to the carrying out of the objects of the Fund.
(2) Without prejudice to the generality of the powers
conferred by subsection (1), the Board shall have the
following powers and functions:—
(a) to raise funds and to receive grants, gifts or
donations whether from local or foreign sources;
6 Ambuluwawa Dissanayake Mudiyanselage
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
(b) to take or hold any property, movable or immovable,
which may become vested in it by this Act or by
virtue of any purchase, grant, gift, testamentary
disposition or otherwise, and to sell, mortgage,
lease, grant, convey, devise, assign, exchange or
otherwise dispose of any property to which the Fund
may become entitled;
(c) to give grants, endowments, or scholarships locally
and abroad, for the furtherance of the objects of the
Fund;
(d) to conduct lotteries subject to any law for the time
being in force to collect moneys for the furtherance
of the objects of the Fund;
(e) to enter into and perform either directly or through
officers and servants or agents authorized in writing
in that behalf by the Board, all such contracts and
agreements as may be necessary for the exercise,
performance and discharge of the powers, duties
and functions and for carrying out the objects of
the Fund;
(f) subject to the provisions of this Act, to appoint,
employ and remunerate officers and servants of the
Fund and to make rules regarding the appointment,
promotion, remuneration and disciplinary control
of its employees and the grant of leave and other
benefits to them;
(g) to erect or caused to be erected any building or
structure on any land belonging to or held by the
Fund;
(h) to invest moneys belonging to the Fund at the
discretion of the Board in any such investments as
are authorized by law for the investment of money
Ambuluwawa Dissanayake Mudiyanselage 7
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
including trust money and to recall, re-invest and
vary such investments at the discretion of the Board
and to collect income accruing from such
investments; and
(i) to open, operate and close bank accounts and to
borrow or raise money with the property of the Fund
as security or without such security, for the purposes
of the Fund.
7. There shall be paid into the Fund— Payments into the
Fund.
(a) all moneys presently lying with the Public Trustee
in favour of the Fund and moneys lying in banks in
favour of the Ambuluwawa Environment
Development and Conservation Trust Fund;
(b) any moneys raised or collected or grants, gifts or
donations received locally or from abroad;
(c) grants received from the government from time to
time for purpose of carrying out the aims and objects
of the Fund; and
(d) any income from investments or other receipts due
to the Fund.
8. There shall be paid out of the Fund— Payment out of
the Fund.
(a) expenses necessary for the establishment,
maintenance and operation of the Fund;
(b) the payment of salaries to officers, servants and
other employees; and
8 Ambuluwawa Dissanayake Mudiyanselage
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
(c) all such other payments as are approved by the
Board as being necessary for the purpose of carrying
out the objects of the Fund.
Trust, 9. All contracts, agreements, debts and liabilities of
contracts, &c the said Trust Fund existing at the time of coming into
of the Fund
operation of this Act shall be deemed to be the contracts,
deemed to be
those of the agreements, debts and liabilities of the Fund hereby
Fund. constituted.
Accounts and 10. (1) The Board shall cause proper books of accounts
Audits. to be kept of the income and expenditure, assets and liabilities
and all other transactions of the Fund.
(2) The Board shall cause its books to be balanced as on
the thirty-first day of December in each year and shall, before
the thirty-first day of March next, cause to be prepared and
income and expenditure account and a balance sheet
containing a summary of the assets and liabilities of the
Fund made up to the first mentioned date.
(3) The income and expenditure account and the balance
sheet shall be signed by two members of the Board
authorized to do so by a resolution passed by the Board.
(4) The Auditor-General shall audit the accounts of the
Fund every year in accordance with Article 154 of the
Constitution.
Financial year 11. The financial year of the Fund shall be the calendar
of the Fund. year.
Exemption 12. The Minister shall with the concurrence of the
of the Fund Minister in charge of the subject of Finance, in order to
from
facilitate the implementation of the aims and objects of the
payment of
duties. Fund, exempt the Fund from the payment of any duties,
levies and of any tax on the income or profits of the Fund to
such extent as is permitted in terms of the Inland Revenue
Ambuluwawa Dissanayake Mudiyanselage 9
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
Act, No. 10 of 2006 or in terms of any other written law for
the time being in force governing the imposition of such
duty, levy or tax as the case may be.
13. (1) Any expense incurred by the Fund in any suit or Re-
prosecution brought by or against the Fund before any court imbursement of
expenses.
shall be paid out of the Fund and any costs paid to, or
recovered by, the Fund in any such suit or prosecution shall
be credited to the Fund.
(2) Any expense incurred by any such person as is referred
to in subsection (1) in any suit or prosecution brought
against him before any court in respect of any act which is
done or is purported to be done by him under this Act or on
the direction of the Board shall, if the court holds that such
act was done in good faith, be paid out of the Fund unless
such expense is recovered by him in such suit or prosecution.
14. All officers and servants of the Fund shall be deemed Officers and
to be public servants within the meaning and for the purposes servants of the
Fund deemed to
of the Penal Code. be public
servants under
the Penal Code.
15. The Fund shall be deemed to be a Scheduled Fund deemed to
be a Scheduled
institution within the meaning of the Bribery Act and the
institution
provisions of that Act shall accordingly apply. within the
meaning of
Bribery Act.
16. In the event of death of the Founder, the son of the Succession of
the founder.
Founder shall succeed the founder and thereafter the eldest
male descendent shall be the successor.
10 Ambuluwawa Dissanayake Mudiyanselage
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
Provisions of 17. The provisions of this Act shall have effect
this Act to
notwithstanding anything contained in the Ambuluwawa
prevail over
provisions of Environment Development and Conservation Trust Fund,
the Deed. and accordingly in the event of any conflict between the
provisions of this Act and the provisions of the Ambuluwawa
Environment Development and Conservation Trust Fund,
the provisions of this Act shall prevail.
Sinhala text to 18. 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.
Interpretation. 19. In this Act, unless the context otherwise requires—
“Ambuluwawa Environment Development and
Conservation Trust Fund” means the Indenture
and Declaration of Trust made and entered into
at Kandy on September 01, 2000, between and
among Honorable Dissanayake Mudiyanselage
Jayaratne and the members of the Board of
Managing Trustee thereon and the Public
Trustee of Sri Lanka, a body incorporated under
the Public Trustee Ordinance (Chapter 88); and
“Founder” shall be the Honourable Dissanayake
Mudiyanselage Jayaratne.

Ambuluwawa Dissanayake Mudiyanselage 11
Jayaratne Religious Centre and Bio-diversity
Complex Trust Fund Act, No. 44 of 2009
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