ACT, No. 61 OF 2009

61of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
KARUNA SAMADHI ORGANIZATION
(INCORPORATION) ACT, No. 61 OF 2009
[Certified on 26th October, 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 October 30, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
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Karuna Samadhi Organization (Incorporation) 1
Act, No. 61 of 2009
[CERTIFIED ON 26TH OCTOBER 2009]
L. D. —O. (INC.) 5/2007.
ANACTTO INCORPORATE THE KARUNA SAMADHI ORGANIZATION
WHEREAS an Association called and known as the “Karuna Preamble.
Samadhi Organization” has heretofore been formed in
Sri Lanka for the purpose of effectually carrying out and
transacting all 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 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 Karuna Samadhi Short title.
Organization (Incorporation) Act, No.61 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
the Karuna
such and so many persons as now are members of the “Karuna
Samadhi
Samadhi Organization” (hereinafter referred to as the
Organization.
“Organization”) or shall hereafter be admitted 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 the “Karuna Samadhi
Organization” 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 discretion.
3. (1) The general objects for which the Corporation is General objects
constituted are hereby declared to be— of the
Corporation.
(a) to assist in the promotion of spiritual and economic
development of the families of Sri Lankan citizens
who are facing economic difficulties ;
2—PL 004203—3,090 (2009/07)
2 Karuna Samadhi Organization (Incorporation)
Act, No. 61 of 2009
(b) to offer scholarships with monthly financial
assistance for the education of deserving students
who are facing economic difficulties ;
(c) to provide medicine, foods and other necessities to
hospitalized patients who are facing economic
difficulties, to provide nutritious food and clothing
to pregnant mothers and children, and to provide
medical equipments and other instruments to
hospitals ;
(d) to assist disabled persons and their families ;
(e) to conduct educational courses, vocational trainings
and workshops for youths and provide counseling
services to assist them to achieve personal and
financial security ;
(f) to organize Shramadana activities in order to
encourage the spirit of working together ;
(g) to establish and maintain international branches of
the Organization ; and
(h) to print, publish and distribute books, journals,
periodicals and magazines and to organize seminars
and workshops on matters of common interest.
(2) The Corporation shall ensure that the implementation
of the objects of the Corporation shall be carried out to the
greatest extent possible without any distinction based on
race, religion, language, caste, sex or political opinion.
Management of 4. (1) The affairs of the Corporation shall, subject to the
the affairs of the
provisions of this Act and the rules made under section 6, be
Corporation.
administered by a Board of Management consisting of a
Director-General, Chairman and Finance Administrator, a
Secretary, an Assistant Secretary, a Treasurer, an Assistant
Treasurer and a Project Director and other members as may
Karuna Samadhi Organization (Incorporation) 3
Act, No. 61 of 2009
be elected in accordance with the rules of the Corporation for
a term of five years.
(2) The first Board of Management of the Corporation
shall be the Board of Management of the Organization
holding office on the day immediately preceding the date of
commencement of this Act who shall hold the office until a
new Board of Management is appointed under the rules of
this Act.
5. Subject to the provisions of this Act and any other Powers of the
written law, the Corporation shall have the power— Corporation to
acquire property,
invest funds, and
(a) to purchase, rent, construct and acquire lands or raise loans & etc.
buildings which may be required for the purpose of
the Corporation ;
(b) to borrow or raise money for the purpose of 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 bank
accounts ;
(d) to invest any funds not immediately required for the
purpose of the Corporation, in such a manner as the
Board of Management may deem fit ;
(e) to solicit and receive subscriptions, grants, donations
and gifts of all kinds ;
(f) to enter into agreements or contracts with any person,
company or body of persons ;
(g) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corporation and to
pay them such salaries, allowances and gratuities as
may be determined by the Corporation ;
4 Karuna Samadhi Organization (Incorporation)
Act, No. 61 of 2009
(h) to train personnel in Sri Lanka or abroad for the
purposes of the Corporation ; and
(i) to do all such other acts and things as are necessary
or incidental or conducive to proper and effective
carrying out of the objects of the Corporation.
Rules of the 6. (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, in respect of the following
matters:—
(a) the classification of membership, fees payable by
each class of member, their admission, expulsion or
resignation ;
(b) the election of the office bearers or vacation of, or
removal from office of office bearers and powers,
duties and conduct of the Board of Management ;
(c) the powers, conduct and duties and functions of the
various officers, agents and servants of the
Corporation ;
(d) the procedure to be observed at the summoning and
holding of meetings of the Corporation and of the
Board of Management, the time, place, notice and
agenda of such meetings, the quorum and the
conduct of business thereat ;
(e) the qualifications and disqualifications for
membership of the Board of Management and of
the Corporation; and
(f) generally for the administration and management
of the affairs of the Corporation and the
accomplishment of its objects.
Karuna Samadhi Organization (Incorporation) 5
Act, No. 61 of 2009
(2) Any rule of the Corporation made under subsection
(1) may be amended, altered, added to or rescinded at a like
meeting and in like manner, as a rule made under
subsection (1).
(3) The members of the Corporation shall be subject to the
rules of the Corporation.
7. (1) The Corporation shall have its own Fund. Fund of the
Corporation.
(2) The Fund of the Corporation shall consist of—
(a) all moneys lying to the credit of the Organization
on the day immediately preceding the date of
commencement of this Act ; and
(b) all moneys received by way of gift, bequest,
donation, subscription, contribution, fees or grants
for and on account of the Corporation after the date
of commencement of this Act.
(3) All moneys lying to the credit of the Fund of the
Corporation shall be utilized to defray the expenses incurred
in the management of the affairs of the Corporation and
attainment of its objects.
8. (1) The financial year of the Corporation shall be the Accounts and
audits.
calendar year.
(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
once in every year by a qualified auditor appointed by
the Corporation and his reports shall be submitted at the
General Meeting.
6 Karuna Samadhi Organization (Incorporation)
Act, No. 61 of 2009
(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 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.
Meetings of the 9. The Annual General Meeting of the Corporation for
Corporation. any financial year shall be held in the month of June in the
succeeding year. A special General Meeting may be called if
more than one fourth of the members have in writing
requested a Special General Meeting. Notice of intention to
hold such Special General Meeting shall be given to the
members fourteen days before the day on which the meeting
is to be held.
Property 10. 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 members of the Corporation, but shall be
given or transferred to some other institution or institutions
having objects similar to that of the Corporation and which
is or are by its rules prohibited from the distribution of any
income or property among its members. Such institution or
institutions shall be determined by the members of the
Corporation at or immediately before, the time of such
dissolution.
Seal of the 11. The seal of the Corporation shall not be affixed to
Corporation. any instrument whatsoever, except in the presence of the
Chairman and the Secretary of the Corporation who shall
Karuna Samadhi Organization (Incorporation) 7
Act, No. 61 of 2009
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.
12. 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 and
corporate. others.
13. In the event of any inconsistency between the Sinhala text to
prevail in case of
Sinhala and Tamil texts of this Act, the Sinhala text shall
inconsistency.
prevail.

8 Karuna Samadhi Organization (Incorporation)
Act, No. 61 of 2009
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