6of2011.pdf
NadunReplacecont

PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
ROHITHA ABEYGUNAWARDANA
FOUNDATION (INCORPORATION)
ACT, No. 6 OF 2011
[Certified on 23rd February, 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 February 25, 2011
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 5.00 Postage : Rs. 5.00

Rohitha Abeygunawardana Foundation 1
(Incorporation) Act, No. 6 of 2011
[Certified on 23rd February, 2011]
L.D—O. (Inc.) 15/2009.
ANACT TO INCORPORATE THE ROHITHA ABEYGUNAWARDANA
FOUNDATION
WHEREAS an Association called and known as the “Rohitha Preamble.
Abeygunawardana Foundation” has heretofore been formed
for the purpose of effectually carrying out and transacting
the objects and 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 Rohitha Abeygunawardana Short title.
Foundation (Incorporation) Act, No. 6 of 2011.
2. From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the the Rohitha
Abeyguna-
“Rohitha Abeygunawardana Foundation” or shall hereafter wardhana
be admitted, as members of the Corporation hereby Foundation.
constituted, shall be a body corporate (hereinafter referred
to as “the Corporation”) with perpetual succession, under
the name and style of “Rohitha Abeygunawardana
Foundation” 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.
3. (1) The general objects for which the Corporation is General objects
established are hereby declared to be— of the
Corporation.
(a) to promote activities relating to social development
through the partcipation of the general public and
particularly the people of Kalutara District;
2 Rohitha Abeygunawardana Foundation
(Incorporation) Act, No. 6 of 2011
(b) to participate in activities relating to the social,
cultural and economic development of the country;
(c) to train children to be aware of religious and other
values and to promote in them an interest in sports
activities with a view to enhancing their potential
in order that they may be equipped to grow up and
participate in the development of the country;
(d) to provide assistance in establishing and developing
religious centres;
(e) to take measures to protect and preserve the moral
and cultural values of people;
(f) to work towards bridging the gap between the
general public and the public service;
(g) to provide assistance in obtaining legal aid and
legal advice to the needy;
(h) to assist victims of sudden disasters and provide
assistance in improving their living standards;
(i) to provide assistance to persons who are mentally
and physically handicapped; and
(j) to work towards the promotion and furtherance of
the rights of women and children.
(2) In the implementation of the objects of this Act as are
specified in subsection (1), the Corporation shall ensure that
such implementation is carried out without any distinction
based on race, cast, religion, language, sex or political
opinion.
General powers 4. Subject to the provisions of this Act and any other
of the written law, the Corporation shall have the power to do,
Corporation.
perform and execute all such acts, matters and things
Rohitha Abeygunawardana Foundation 3
(Incorporation) Act, No. 6 of 2011
whatsoever as are necessary or desirable for the promotion
or furtherance of its objects of the Corporation or any one of
them, including the power to:—
(a) purchase, acquire, rent, construct or otherwise
obtain, lands or buildings which may be required
for the purposes of the Corporation;
(b) solicit, receive and collect grants, gifts or
donations, in cash or kind;
(c) open, operate and close bank accounts;
(d) borrow and raise money with or without security;
(e) invest any funds not immediately required for the
purpose of the Corporation in such manner as the
Corporation may think fit.
5. (1) The affairs of the Corporation shall, subject to Management of
the affairs of the
the provisions of this Act and any rules made by the
Corporation.
corporation under section 6, be administered by an Executive
council (hereinafter referred to as the “Council”) consisting
of a President, two Vice Presidents, a Secretary, Treasurer
and ten other members elected in accordance with the rules
of the Corporation.
(2) The first Council of the Corporation shall, consist of
the members of the Council of the Foundation holding office
on the day immediately preceding the date of commencement
of this Act. Such Council shall hold office until an executive
Council is elected in accordance with the rules of the
Corporation.
6. (1) It shall be lawful for the Corporation from time to Rules of the
time, at any General Meeting of the members and by a Corporation.
majority of not less than two-thirds of the members present
and voting, to make rules, not inconsistent with the
4 Rohitha Abeygunawardana Foundation
(Incorporation) Act, No. 6 of 2011
provisions of this Act or any other written law, for all or any
of the following matters:—
(a) the classification of membership, membership fees
payable, the admission, withdrawal, expulsion or
resignation of members ;
(b) the election of the members to the Council and the
powers and duties;
(c) the election of the office bearers, their term of office,
the resignation from, or vacation or, removal from
office of office bearers and their powers, conduct
and duties;
(d) the powers, conduct, duties and functions of
officers, agents and servants of the Corporation;
(e) the procedure to be observed in the summoning
and holding of meetings of the Council, the times,
places, notices and agenda of such meetings, the
quorum therefore and the conduct of business
thereat;
(f) the administration and management of the property
including its funds; and
(g) 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 at a like meeting and in like
manner as a rule made under subsection (1).
(3) Every member of the Corporation shall be subject to
the rules of the Corporation made under this section.
Fund of the 7. (1) The Corporation shall have its own fund and it
Corporation. shall consist of all moneys received by way of gift, bequests,
Rohitha Abeygunawardana Foundation 5
(Incorporation) Act, No. 6 of 2011
testamentary dispositions, grants, donations, fees or
contributions from local or foreign institutions and
individuals, members and non-members.
(2) All moneys received shall be deposited in the name
of the Corporation in one or more banks and be invested in
any suitable manner to achieve the objects of the Corporation
as may be decided by the Executive Council.
(3) All expenditure incurred by the Corporation in the
exercise, performance and discharge of the powers, duties
and functions of the Corporation shall be paid out of the
funds of the Corporation.
8. 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 and discharged 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.
9. The Corporation shall be able and capable in law to Corporation
acquire and hold any property both movable or immovable may hold
property
which may become vested in it by virtue of purchase, grant, movable and
lease, gift, testamentary disposition or otherwise and all such immovable.
property shall be held by the Corporation for the purposes
of this Act, and be subject to the rules of the Corporation,
made under section 6 the Corporation shall have full power
to sell, mortgage, lease, exchange or otherwise dispose of
the same.
10. No member of the Corporation shall, for the purpose Limitation of
liability of
of discharging the debts and liabilities of the Corporation or
members.
for any other purpose, be liable to make any contribution
exceeding the amounts of such membership fees as may be
due from him to the Corporation.
11. If upon the dissolution of the Corporation, there Property
remaining on
remains after the satisfaction of its debts and liabilities any
dissolution.
property whatsoever, such property shall not be distributed
6 Rohitha Abeygunawardana Foundation
(Incorporation) Act, No. 6 of 2011
among the members of the Corporation, but shall be given
or transferred to some other institution or institutions having
objects similar to those of the Corporation and which is, or
are by its or their rules prohibited from distributing any
income or property among its members.
Audit and 12. (1) The Corporation shall cause proper accounts to
accounts of the
be kept of income and expenditure, assets and liabilities
Corporation.
and all other transactions of the Corporation.
(2) The financial year of the Corporation shall be the
calendar year.
(3) The accounts of the Corporation shall be examined
and audited at least once in every year by a qualified auditor
or auditors appointed by the Council.
(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.
Seal of the 13. The seal of the Corporation shall not be affixed to
Corporation.
any instrument whatsoever except in the presence of the
President or one of the Vice President and the Secretary of
the Corporation, 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.
Rohitha Abeygunawardana Foundation 7
(Incorporation) Act, No. 6 of 2011
14. Nothing in this Act contained shall prejudice or Saving of the
rights of the
affect the rights of the Republic or any body politic or
Republic and
corporate. others.
15. In the event of any inconsistency between the Sinhala text to
prevail in case
Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.

8 Rohitha Abeygunawardana Foundation
(Incorporation) Act, No. 6 of 2011
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.
NadunReplacecontEnd