44of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
P. HARRISON COMMUNITY DEVELOPMENT
FOUNDATION (INCORPORATION)
ACT, No. 44 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. 12.50 Postage : Rs. 50.00
P. Harrison Community Development 1
Foundation (Incorporation) Act, No. 44 of 2014
[Certified on 24th November, 2014]
L.D.—O. Inc. 11/2013
AN ACT TO INCORPORATE THE P. HARRISON COMMUNITY
DEVELOPMENT FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“P. Harrison Community 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 P. Harrison Short title.
Community Development Foundation (Incorporation)
Act, No. 44 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 P. Harrison
Community
P. Harrison Community Development Foundation
Development
(hereinafter referred to as the “Foundation”) or shall hereafter Foundation.
be admitted as members of the Corporation hereby
constituted, shall be a body corporate with perpetual
succession, under the name and style of the “P. Harrison
Community 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 007041—2000 (10/2014)
2 P. Harrison Community Development
Foundation (Incorporation) Act, No. 44 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. (1) The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to take necessary steps to make awareness of social
values among people;
(b) to promote mutual understanding and co-operation
among ethnic groups; and
(c) to provide grants, scholarships, gifts, donations
and financial assistance for the benefit of needy
youth.
(2) In the implementation of the objects specified
in subsection (1) the Corporation shall ensure that
such implementation shall be carried out without any
distinction based on race, religion, language, caste,
sex, political opinion, place of birth or any of such
grounds.
Corporation to 4. The objects of the Corporation shall be carried out in
ensure no such manner so as not to create any conflict between the
conflict with
work of work of the Corporation and any work being carried out
Ministry or simultaneously by any Ministry or Department of the
Department of Government or of any provincial Council.
the Central
Government or
Province.
Management of 5. (1) Subject to the provisions of this Act the
the affairs of the Management and administration of the affairs of the
Corporation.
Corporation shall be carried out by a Board of Directors
(hereinafter referred to as the “Board”) consisting of such
number of office bearers as may be specified by the rules
made under section 7.
P. Harrison Community Development 3
Foundation (Incorporation) Act, No. 44 of 2014
(2) (a) The Board of Directors of the Foundation that
holds 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.
(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 person 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.
6. Subject to the provisions of this Act and any other Powers of the
written law, the Corporation shall have the power to do, Corporation.
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;
4 P. Harrison Community Development
Foundation (Incorporation) Act, No. 44 of 2014
(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 approval of the Department of External
Resources of the Ministry of the Minister assigned
with 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;
(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;
P. Harrison Community Development 5
Foundation (Incorporation) Act, No. 44 of 2014
(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;
(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 the 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 and 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) the management of the affairs of the Corporation
and the accomplishment of its’ objects and
dissolution of the Corporation.
6 P. Harrison Community Development
Foundation (Incorporation) Act, No. 44 of 2014
(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) 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 Government 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.
Fund of the 9. (1) The Corporation shall have its own Fund.
Corporation.
(2) All moneys received by way of gift, bequest, donation,
subscription, contribution, fees or grant 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.
Accounts and 10. (1) The financial year of the Corporation shall be
the Auditing. the calendar year.
(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.
P. Harrison Community Development 7
Foundation (Incorporation) Act, No. 44 of 2014
(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 Council of such Institute.
11. (1) The Board shall prepare a report of the activities Annual Report.
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 Social Services 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).
12. All debts and liabilities of the Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable to
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.
8 P. Harrison Community Development
Foundation (Incorporation) Act, No. 44 of 2014
Corporation may 13. Subject to the provisions of this Act, the Corporation
hold property shall be able and capable in law to take and hold any 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.
Seal of the 15. (1) The seal of the Corporation shall not be affixed
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.
Property 16. (1) 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 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.
P. Harrison Community Development 9
Foundation (Incorporation) Act, No. 44 of 2014
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 inconsistency.
prevail.
10 P. Harrison Community Development
Foundation (Incorporation) Act, No. 44 of 2014
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(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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