ACT, No. 46 OF 2014

46of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SRI LANKA ASSOCIATION OF
PROFESSIONAL SOCIAL WORKERS
(INCORPORATION) ACT, No. 46 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

Sri Lanka Association of Professional 1
Social Workers (Incorporation) Act, No. 46 of 2014
[Certified on 24th November, 2014]
L.D.—O. (Inc.) 34/2011.
ANACT TO INCORPORATE THE SRI LANKA ASSOCIATION OF
PROFESSIONAL SOCIAL WORKERS
WHEREAS an Association called and known as the Preamble.
“Sri Lanka Association of Professional Social Workers” has
heretofore been established in Sri Lanka for the purpose of
effectually carrying out its objects and transacting all 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 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 Sri Lanka Association Short title.
of Professional Social Workers (Incorporation) Act,
No. 46 of 2014.
2. (1) From and after the date of commencement of this Incorporation of
the Sri Lanka
Act, such and so many persons as now are members of the Sri
Association of
Lanka Association of Professional Social Workers (hereinafter Professional
referred to as the “Association”) or shall hereafter be admitted Social Workers.
as members of the Corporation hereby constituted shall be a
body corporate with perpetual succession under the name
and style of the “Sri Lanka Association of Professional Social
Workers” (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) The Corporation shall be deemed to be a Voluntary
Social Service Organization within the meaning, and for the
2—PL 006402—2,000 (10/2014)
2 Sri Lanka Association of Professional
Social Workers (Incorporation) Act, No. 46 of 2014
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 enhance and develop the concecpt of professional
social work;
(b) to create a link among person engaged in social
work; and
(c) to provide training on the conduct of the different
categories of social work to the persons are engaged
in carrying out social work.
(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, languge, caste, sex, political opinon,
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 the Corporation and any work being carried out
work of
Ministry or simultaneously by any Ministry or Department of the
Department of Government or of any Provincial Council.
the 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 Committee of
Management (hereinafter referred to as the “Committee”)
consisting of such number of office bearers as may be
specified by the rules made under section 7.
(2) (a) The Committee of Management of the
Association that holds office on the day immediately
Sri Lanka Association of Professional 3
Social Workers (Incorporation) Act, No. 46 of 2014
preceding the date of commencement of this Act, shall
function as the Committee of the Corporation until the first
Committee is appointed or elected in the manner provided
for by rules made under section 7.
(b) The first Committee 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 Committee 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 Committee 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;
(b) to borrow or raise funds with or without
securities and to receive grants, gifts or donations
in cash or kind:
4 Sri Lanka Association of Professional
Social Workers (Incorporation) Act, No. 46 of 2014
Provided that, the Committee shall obtain the
prior written approval 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;
(d) to invest any funds that are not immediately required
for the purposes of the Corporation, in such manner
as the Committee may determine;
(e) to undertake, accept, execute, perform and
administer any lawful trust or any real or personal
property;
(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; and
(g) to do all other things as are necessary for expedeint
for the proper and effective carring out of the
objects of the Corporation.
Rules of the 7. (1) It shall be lawful for the Corporation, from time
Corporation. to time, at any general meeting of the Corporation and by 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 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;
Sri Lanka Association of Professional 5
Social Workers (Incorporation) Act, No. 46 of 2014
(b) the election of office bearers of the Committee 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, and
servants of the Corporation;
(d) The procedure to be followed for the summoning
and holding of meetings of the Committee 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 Committee 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 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.
8. The Committee shall maintain a register of members Register of the
members.
in which name, address and other essential details of the
members shall be inscribed.
6 Sri Lanka Association of Professional
Social Workers (Incorporation) Act, No. 46 of 2014
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 grants for and on account
of the Corporation shall be deposited to the credit of the
Corporation in one or more banks approved by the Committee.
(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
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.
(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 establishment 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.
Sri Lanka Association of Professional 7
Social Workers (Incorporation) Act, No. 46 of 2014
11. (1) The Committee shall prepare a report of the Annual Report.
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 Social Service and to the Registrar of
Voluntary Social Services Organizations appointed under
the Voluntary Social Services Organization (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 Association existing Debts due by
on the day immediately preceding the date of commencement and payable to
the Association.
of this Act, shall be paid by the Corporation hereby
constituted and all debts due to and subscriptions and
contributions payable to the Association on that day shall be
paid to the Corporation for the purposes of this Act.
13. Subject to the provisions of this Act, the Corporation
Corporation shall be able and capable in law to take and may hold
propertey
hold any property movable or immovable, which may movable and
become vested in it by virtue of any purchase, grant, gift, immovable.
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 7, with power to sell, mortgage, lease, exchange or
otherwise dispose of the same.
14. The moneys and property of the Corporation however Application of
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.
8 Sri Lanka Association of Professional
Social Workers (Incorporation) Act, No. 46 of 2014
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 Committee 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 Committee as may be decided by such
Committee.
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.
Saving of the 17. Nothing in this Act contained shall prejudice
rights of the or affect the rights of the Republic or any body politic
Republic.
or corporate.
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.

Sri Lanka Association of Professional 9
Social Workers (Incorporation) Act, No. 46 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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