ACT, No. 52 OF 2009

52of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SRI LANKA SOCIETY FOR THE
PREVENTION OF CRUELTY TO ANIMALS
(INCORPORATION) ACT, No. 52 OF 2009
[Certified on 25th September, 2009]
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 September 25, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 4.00 Postage : Rs. 5.00

Sri Lanka Society for the Prevention of Cruelty 1
to Animals (Incorporation) Act, No. 52 of 2009
[Certified on 25th September, 2009]
L.D.—O. (INC.) 26/2007.
ANACT TO INCORPORATE THE SRI LANKA SOCIETY FOR THE
PREVENTION OF CRUELTYTO ANIMALS
WHEREAS a Society called and known as the “Sri Lanka Preamble.
Society for the Prevention of Cruelty to Animals” has
heretofore been established in Sri Lanka for the purpose of
effectually carrying out and transacting all objects and matters
connected with the said Society:
AND WHEREAS the said Society 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 Sri Lanka Society for Short title.
the Prevention of Cruelty to Animals (Incorporation) Act,
No. 52 of 2009.
2. From and after the date of commencement of this Incorporation of
Sri Lanka
Act, such and so many persons as now are members of
Society for the
the Sri Lanka Society for the Prevention of Cruelty to Prevention of
Animals (hereinafter referred to as the “Society”) and such Cruelty to
other persons as shall hereafter be admitted members of the Animals.
Corporation hereby constituted, shall be a body corporate
( hereinafter referred to as the “Corporation”) with perpetual
succession, under the name and style of the “Sri Lanka
Society for the Prevention of Cruelty to Animals” 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 003825—3,090 (2009/04)
2 Sri Lanka Society for the Prevention of Cruelty
to Animals (Incorporation) Act, No. 52 of 2009
General objects 3. The general objects for which the Corporation is
of the
established are declared to be—
Corporation.
(a) to create awareness among people on the need to
protect animals;
(b) to educate people on the need to refrain from
neglecting or inflicting unnecessary pain or suffering
to animals;
(c) to take steps to preserve the fauna and create an
awareness among the people of the importance of
preserving the same;
(d) to create better environments for domestic animals
and to provide them with security;
(e) to provide indoor and outdoor medical treatment
for sick animals; and
(f) to pursuade the public to show love and kindness to
animals.
General powers 4. Subject to the provisions of this Act and any other
of the
written law, the Corporation shall have the power—
Corporation.
(a) to recive grants, gifts or donations in cash or kind
whether from local or foreign sources;
(b) to open, maintain, operate and close bank accounts
and to borrow or raise money with or without
security;
(c) to invest moneys belonging to the Corporation in
such securities as may be determined by the
Executive Committee;
(d) to appoint, employ, remunerate, exercise
disciplinary control over and dismiss, such officers
and servants as may be necessary for the purpose of
carrying out the objects of the Corporation;
Sri Lanka Society for the Prevention of Cruelty 3
to Animals (Incorporation) Act, No. 52 of 2009
(e) to co-operate and associate with other associations,
societies or organizations having objects similar to
those of the Corporation;
(f) to promote, organize and hold exhibitions, lectures,
seminars, workshops, conferences and tours for the
furtherance of the objects of the Corporation; and
(g) to do all such other acts and things as are incidental
or conducive to the carrying out of the objects of
the Corporation.
5. (1) The affairs of the Corporation shall, subject to the Management of
rules made under section 7, be administered by an Executive the affairs of the
Corporation.
Committee consisting of the Patrons, President, two Vice
Presidents, General Secretary, Assistant Secretary, Treasurer,
Members of the Board of Trustees and not less than twelve
other 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 Society holding
office on the day preceding the date of commencement of
this Act who shall hold the office until a new Executive
Committee is appointed under the rules of the Corporation.
6. (1) There shall be a Board of Trustees who shall be Board of
entrusted with the management of the property of the Trustees.
Corporation.
(2) The first Board of Trustees of the Corporation shall be
the Board of Trustees of the Society holding office on the
day preceding the date of commencement of this Act who
shall hold the office until a new Board of Trustees is appointed
under the rules of the Corporation.
7. (1) It shall be lawful for the Corporation, from time to Rules of the
Corporation.
time, at any general meeting and by a majority of not less
than two- thirds of the members present and voting, to make
4 Sri Lanka Society for the Prevention of Cruelty
to Animals (Incorporation) Act, No. 52 of 2009
rules, not inconsistent with the provisions of this Act or other
written law, for all or any of the following matters:—
(a) the classification of membership and the admission,
withdrawal or expulsion of members;
(b) the election of the office-bearers, the resignation
from or vacation of or removal from, office of office-
bearers and their powers, conduct and duties ;
(c) the election of the members of the Executive
Committee and its powers, conduct and duties and
the terms of office of such members;
(d) the election of the trustees of the Board of Trustees
and its powers, conduct and duties and the terms of
office of such trustees;
(e) the powers, conduct, duties and functions of the
various officers, agents and servants of the
Corporation;
(f) the procedure to be observed for the summoning
and holding of meetings of the Executive
Committee and the Board of Trustees, the times,
places, notices and agenda of such meetings, the
quorum therefore and the conduct of business
thereat;
(g) the custody of the funds of the Corporation and the
maintenance and audit of its accounts; and
(h) generally, for the management of the affairs 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 may be made under subsection (1).
(3) The members of the Corporation shall be subject to
the rules of the Corporation.
Sri Lanka Society for the Prevention of Cruelty 5
to Animals (Incorporation) Act, No. 52 of 2009
8. (1) The Corporation shall have its own fund and all Fund of the
moneys received by way of gifts, testamentary dispositions, Corporation.
transfers, donations, contributions of fees shall be deposited
in the name of the Corporation in one or more banks as may
be decided by the Executive Committee.
(2) The Corporation may establish a depreciation fund or
a sinking fund for the purpose of rehabilitation, development
or improvement of the property of the Corporation.
(3) All expenses incurred by the Corporation in the
exercise of the powers of the Corporation shall be paid out of
the fund.
9. All debts and liabilities of the Society existing on the Debts due by
day preceding the date of commencement of this Act, shall and payable to
the Society.
be paid and discharged by the Corporation hereby constituted
and all debts due to, subscriptions and contributions payable
to the Society on that day shall be paid to the Corporation for
the purposes of this Act.
10. (1) The financial year of the Corporation shall be Audit and
the calendar year. accounts.
(2) The Executive Committee 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
6 Sri Lanka Society for the Prevention of Cruelty
to Animals (Incorporation) Act, No. 52 of 2009
Chartered Accountants of Sri Lanka or of any other
institute established by law, possesses a certificate
to practice as an Accountant issued by any one of
such institutes.
Corporation may 11. The Corporation shall be able and capable in law, to
hold property acquire and hold any property, movable or immovable, which
movable or
immovable. may become vested in it by virtue of any purchase, grant,
gift, 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 and it shall have full powers to sell, mortgage,
lease, exchange or otherwise dispose of the same.
Seal of the 12. The seal of the Corporation shall not be affixed to
Corporation. any instrument whatsoever except in the presence of the
President and the General Secretary or the Treasurer, 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 13. 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 members. Such Institute
or Institutes shall be determined by the members of the
Corporation at or immediately before the dissolution of the
Corporation.
Saving of the 14. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body, politic or
Republic and
others. corporate.
Sinhala text to 15. In the event of any inconsistency between the
prevail in case of Sinhala and Tamil texts of this Act, the Sinhala text shall
inconsistency.
prevail.

Sri Lanka Society for the Prevention of Cruelty 7
to Animals (Incorporation) Act, No. 52 of 2009
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