ACT, No. 51 OF 2011

51of2011.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SRI DHAMMALANKARA SOCIAL SERVICES
FOUNDATION (INCORPORATION)
ACT, NO. 51 OF 2011
[Certified on 16th December, 2011]
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 December 16, 2011
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 5.00 Postage : Rs. 10.00

Sri Dhammalankara Social Services Foundation 1
(Incorporation) Act, No. 51 of 2011
[Certified on 16th December, 2011]
L. D.—O.(Inc.) 3/2008.
ANACT TO INCORPORATE SRI DHAMMALANKARA SOCIAL SERVICES
FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Sri Dhammalankara Social Services Foundation” has
heretofore been formed 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:
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 enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as Sri Dhammalankara Social Short title.
Services Foundation (Incorporation) Act, No. 51 of 2011.
2. From and after the date of commencement of this Act, Incorporation of
Sri
such and so many persons as now are members of the
Dhammalankara
Sri Dhammalankara Social Services Foundation (hereinafter Social Services
referred to as “the Foundation”) or shall hereafter be admitted Foundation.
as members of the Corporation hereby constituted, shall be a
body corporate (hereinafter referred to as “the Corporation”)
with perpetual succession, under the name and style of
“Sri Dhammalankara Social Services Foundation” and by
that name may sue and be sued in all courts with full power
and authority to have and use a common seal and alter the
same at its pleasure.
2 —PL 005264—3090 (10/2010)
2 Sri Dhammalankara Social Services Foundation
(Incorporation) Act, No. 51 of 2011
General objects 3. (1) The general objects for which the Corporation is
of the constituted are hereby declared to be—
Foundation.
(a) to maintain Sri Jayasumanaramaya of Alakolamada,
the Sri Dhammadhara Pirivena, Sri Dhammadhara
Dhamma School and the Ruwan Children’s Park
affiliated to the Foundation;
(b) to construct and repair houses of the needy in the
area;
(c) to grant financial assistance for the treatment of
persons and to build, establish and provide clinics
for the treatment of such persons;
(d) to promote the cultural, social, economic and
religious development for the public advantage;
(e) to grant assistance for the opening of libraries and
for the conduct of study courses and provide
facilities to promote the education of children;
(f) to provide sports materials and other facilities for
the promotion of sports skills of the youth;
(g) to provide homes for the needy and indigent elders
and disabled and orphaned children;
(h) to provide relief and welfare services to persons
during natural disasters;
(i) to award scholarships for higher education in foreign
countries to youth, in the fields of technology,
science and engineering;
(j) to provide recreational facilities for the needy ; and
(k) to provide industrial training for the youth.
(2) In the implementation of the above objects the
Corporation shall ensure that such implementation is carried
out without distinction baded on race, cast, religion,
language, sex or political opinion.
Sri Dhammalankara Social Services Foundation 3
(Incorporation) Act, No. 51 of 2011
4. Subject to the provisions of this Act and any other General powers
of the
written law, the Corporation shall have the power to do, Corporation.
perform and execute all such acts, matters and things
whatsoever as are necessary or desirable for the furtherance
of its objects or any one of them, including the power to
open and close bank accounts, to borrow or raise money
with or without security, to receive or collect grants or
donations, to invest its funds and to engage, employ and
dismiss officers and servants required for the carrying out of
the objects of the Corporation.
5. (1) The affairs of the Corporation shall, subject to the Management
provisions of this Act and the rules made under section 6, be of the affairs
of the
administered by a Board of Management. The Board of Corporation.
Management shall consist of the Chief Incumbent of the
Sri Dhammalankara Social Service Foundation who shall
be the Director-General (hereinafter referred to as the
“Director-General”) and the Chairman, the Secretary and
the Treasurer and such other committee members who may
be elected in accordance with the rules of the Corporation
under section 6.
(2) The Director-General shall preside at every meeting
of the Board of Management. In the absence of the Director-
General from any meeting of the Board of Management, the
Chairman shall preside at such meeting.
(3) Subject to the provisions of this Act and any rules
made thereunder, the Board of Management may regulate
the procedure in regard to its meetings and the transaction
of business at such meetings.
(4) No act or proceeding of the Board shall be deemed to
be invalid by reason only of the existence of a vacancy
among its members or any defect in the election or
nomination of a member thereof.
4 Sri Dhammalankara Social Services Foundation
(Incorporation) Act, No. 51 of 2011
(5) The first Board of Management of the Corporation
shall consist of the members of the Board of Management of
the Foundation, holding office on the day immediately
preceding the date of commencement of this Act.
Rules of the 6. (1) It shall be lawful for the Corporation, from time to
Corporation. time, at any general meeting and by the votes of not less than
two-thirds of the members present and voting at such meeting
to make rules not inconsistent with the provisions of this Act
or any other written law, for the performance of the duties of
the Board and the various officers and servants of the
Corporation, for specifying the procedure to be followed in
the transaction of business at meetings of the Corporation
and of the Board of Management and otherwise generally,
for the management of the affairs of the Corporation and the
accomplishment of its objects.
(2) No rule of the Corporation shall be altered, added to,
amended or rescinded except by the votes of not less than
two-thirds of the members present and voting at a general
meeting of the Corporation.
(3) The members of the Corporation shall be subject to the
rules of the Corporation.
Fund of the 7. (1) The Corporation shall have its own Fund. All
Corporation. monies received by way of gift, bequest, transfer, subscription,
contribution fees or donation shall be deposited to the credit
of the Corporation in one or more banks as the Board of
Management shall determine.
(2) There shall be paid out of the Fund of the Corporation,
all such sums of money as may be required to defray any
expenditure incurred by the Corporation in carrying out the
objects of the Corporation.
(3) The monies and property of the Corporation
wheresoever derived shall be applied solely towards the
promotion of the objects as set forth herein and no portion
Sri Dhammalankara Social Services Foundation 5
(Incorporation) Act, No. 51 of 2011
thereof shall be paid or transferred directly or indirectly by
way of dividend, bonus or otherwise, to any member of the
Corporation.
8. (1) The financial year of the Corporation shall be the Audit of
calendar year. accounts.
(2) The Corporation shall cause proper accounts to be
kept of all income and expenditure, assets and liabilities
and all other transactions of the Corporation.
(3) The accounts of the Corporation shall be audited
annually by a qualified auditor appointed by the
Corporation.
(4) In 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 established by law possesses a certificate
to practice as an Accountant issued by the Council
of such institute.
9. All debts and liabilities of the Foundation existing Debts due by
on the day preceding the date of commencement of this Act, and payable to
shall be paid by the Corporation hereby constituted and all the Foundation.
debts due to and subscriptions and contributions payable to
the Foundation on this day shall be paid to the Corporation
for the purpose of this Act.
10. The Corporation shall be able and capable in law, Corporation
to take and hold any property movable or immovable which may hold
property
may become vested in it by virtue of any purchase, grant, movable and
gift, testamentary disposition or otherwise and all such immovable.
6 Sri Dhammalankara Social Services Foundation
(Incorporation) Act, No. 51 of 2011
property shall be held by the Corporation for the purposes
of this Act and subject to the rules of the Corporation made
under section 6, with full power to sell, mortgage, lease,
exchange or otherwise dispose of the same.
Seal of the 11. The Seal of the Corporation shall be in the custody
Corporation. of the Board of Management and it shall not be affixed to
any instrument whatsoever, except in the presence of a
member of the Board of Management and the Secretary or
any other person authorized by the Board of Management,
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.
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 some other institution having
objects similar to those of the Corporation and which is by
its rules prohibited from distributing any income or property
among its members.
Saving of the 13. Nothing in this Act contained shall prejudice or affect
rights of the
the rights of the Republic or of any body, politic or corporate.
Republic and
others.
Sinhala text to 14. In the event of any inconsistency between the Sinhala
prevail in case of and Tamil texts of this Act, the Sinhala text shall prevail.
inconsistency.

Sri Dhammalankara Social Services Foundation 7
(Incorporation) Act, No. 51 of 2011
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