48of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
SOCIAL SERVICE FOUNDATION OF
WICKRAMASHILA DHARMAYATHENAYA
IN BANDARAGAMA (INCORPORATION)
ACT, NO. 48 OF 2009
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[Certified on 24th September, 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 September 25, 2009
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Social Service Foundation of Wickramashila 1
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
[Certified on 24th September, 2009]
L. D.—O. (Inc.) 4/2008.
ANACT TO INCORPORATE THE SOCIAL SERVICE FOUNDATION OF
WICKRAMASHILA DHARMAYATHENAYAIN BANDARAGAMA
WHEREAS an Institute called and known as the “Social Preamble.
Service Foundation of Wickramashila Dharmayathenya” has
heretofore been established in Bandaragama, for the purpose
of effectually carrying out and transacting all objects and
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 such 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 Social Service Short title.
Foundation of Wickramashila Dharmayathenaya in
Bandaragama (Incorporation) Act, No. 48 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of the “Social the Social
Service
Service Foundation of Wickramashila Dharmayathenaya in
Foundation of
Bandaragama” (hereinafter referred to as the “Foundation”) Wickramashila
or shall hereafter be admitted members of the Corporation Dharmayathenaya
hereby constituted, shall be and become a body corporate in Bandaragama.
(hereinafter referred to as “the Corporation”) with perpetual
succession under the name and style of “Social Service
Foundation of Wickramashila Dharmayathenaya in
Bandaragama” and by that name may sue and be sued, with
full power and authorityto have, and use of common seal
and alter the same at its pleasure.
PL 004184 — 3,150 (07/2009)
2 Social Service Foundation of Wickramashila
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
General Objects 3. (1) The general objects for which the Corporation is
of the
constituted are hereby declared to be—
Corporation.
(a) to supply the necessaries maintenance of the
following and to contiure successfully so as to
improve the social and cultural standards of the
Bandaragama Dharmayathenaya Pirivena and the
following affiliated institutes:—
(i) Sri Pannalankara Damma School;
(ii) Wickramashila Art Institute;
(iii) Wickramashila Staff Society;
(iv) Bandaragama Community Development
Foundation;
(v) Sangamithatha Women’s Association;
(vi) Samagi Funeral Support Association; and
(vii) Organization of Wickramashila Maha
Perahera;
(b) to build the new Chaitya and to improve and protect
the premises on which the said “Dharmayathanaya”
is situated as a place of cultural importance;
(c) to provide houses, health facilities and drinking
water to the poor and destitute of the area;
(d) to provide financial assistance to the needy and
those who require surgery;
(e) to secure the relevant properties in the area which
are of national importance and to improve the same;
(f) to supply the necessary equipments and facilities
for the poor and needy school children of the
district;
Social Service Foundation of Wickramashila 3
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
(g) to improve the nutritional level and sportsmanship
of the students, youth and the adults of the area to
the national level;
(h) to build homes specially for destitute children and
to improve facilities of the existing homes;
(i) to offer the scholarships for the higher education
foreign countries in the field of Technology in
consultation with the relevant authority and to
provide assistance during natural calamities; and
(j) to provide facilities to villagers to go on
pilgrimages.
(2) In the implementation of the above objectives the
Corporation shall ensure that such implementation is carried
out without distinction based on race, cast, religion,
language, sex or political opinion.
4. The appointment of the Secretary, Chairman, Appointment of
Treasurer and the Accountant of the Corporation shall be in Officials.
accordance with the rules made hereunder.
5. (1) The affairs of the Corporation shall, subject to Management of
the affairs of the
the rules of the Corporation, made under section 7, be
Corporation.
administered by an Executive Committee consisting of the
office-bearers and such number of members as may be
provided for in such rules and elected in accordance
therewith.
(2) The first Executive Committee of the Corporation
shall be the Executive Committee of the Foundation holding
office on the day preceding the date of commencement of
this Act.
4 Social Service Foundation of Wickramashila
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
Powers of the 6. Subject to the provision of the Act, any other written
Corporation. law, the Corporation shall have the power —
(a) to submit proposals for the development of the
area;
(b) to provide services required by the villages and to
perform the duties to their satisfaction;
(c) to hold the documents of Corporation in safe
custody and to secure the same;
(d) to receive subscriptions, grants, donations, gifts from
sources in Sri Lanka or abroad;
(e) to obtain loans on such terms and conditions as
may be approved by the executive committee for
the purpose of carrying out the objects; and
(f) to do all other acts and things as are necessary or
expedient to the carrying out of the objects of the
Corporation.
Rules of the 7. (1) It shall be lawful for the Corporation, from time to
Corporation. 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 the following matters—
(a) the admission, classification or expulsion of
members;
(b) for the election of office bearers, the Executive
Committee and the conduct of the duties of the
various officers, agents and servants of the
Corporation;
(c) for the procedure to be followed in the transaction
of business at meetings of the Corporation and the
Executive Committee;
Social Service Foundation of Wickramashila 5
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
(d) the administration and management of the property
of the Corporation, the custody of its funds and the
maintenance and audits of its accounts; and
(e) 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 in like manner as a rule may
be made under subsection (1).
8. (1) The Corporation shall have its own fund and all Fund of the
moneys heretofor or hereafter received by way of gift, Corporation.
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 as the
executive committee shall determine.
(2) There shall be paid out of the fund all sums of money
required to defray any expenditure incurred by the
Corporation in the exercise, perfomance and discharge of its
powers, duties and functions under this Act.
9. All debts and liabilities of the Foundation on the day Debts due by
and payable to
preceding the date of commencement of this Act shall be
the Foundation.
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 pruposes of this Act.
10. The seal of the Corporation shall not be affixed to How the seal of
the Corporation
any instrument whatsoever, except in the presence of such
is to be affixed.
number of office bearers as may be provided for in the rules
of the Corporation who shall sign their names on the
instrument in token of their presence and such signing shall
be independent of the signing of any person as a witness.
6 Social Service Foundation of Wickramashila
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
Audit and 11. (1) The financial year of the Corporation shall be
accounts. the calendar year.
(2) The Corporation shall cause proper accounts to be
kept of its income and expenditure, assets and liabilities
and all other transactions of the Corporation.
(3) The accounts of the Corporation shall be audited by a
qualified auditor.
(4) In this section “qualified auditor” means—
(i) 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
such Institute; or
(ii) 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 Accounant issued by any one of
such Institutes.
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 any other Institute or Institutes
having objects similar to those of the Corporation and which
is or are by the rules thereof prohibited from distributing
any income or property among its or their membes. Such
Institute or Institutions shall be determined by the members
of the Corporation at or immediately before the dissolution
of the Corporation.
Social Service Foundation of Wickramashila 7
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
13. 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.
corporation.
14. In the event of any inconsistency between the Sinhala text
Sinhala and the Tamil texts of this Act, the Sinhala text shall to prevail in
case of
prevail. inconsistency.

8 Social Service Foundation of Wickramashila
Dharmayathenaya in Bandaragama (Incorporation)
Act, No. 48 of 2009
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