ACT, No. 64 OF 2009

64of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
SAMAJA SAHANA PADANAMA
(INCORPORATION) ACT, No. 64 OF 2009
[Certified on 12th November, 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 November 13, 2009
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00

Samaja Sahana Padanama (Incorporation) 1
Act, No. 64 of 2009
[Certified on 12th November, 2009]
L.D.—O. (INC.) 24/2008.
ANACT TOINCORPORATETHE SAMAJA SAHANA PADANAMA
WHEREAS a foundation called and known as the Preamble.
“Samaja Sahana Padanama” has heretofore been established
in Sri Lanka 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 the 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 Samaja Sahana Padanama Short title.
(Incorporation) Act, No. 64 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as presently are members of the the Samaja
Sahana
“Samaja Sahana Padanama” (hereinafter referred to as the
Padanama.
“Foundation”) 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 “Samaja Sahana
Padanama” 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
constituted are hereby declared to be— of the
Corporation.
(a) to assist individuals, families and communities in
disadvataged circumstances ;
2—PL 004386—3,190 (09/2009)
2 Samaja Sahana Padanama (Incorporation)
Act, No. 64 of 2009
(b) to assist families of workers, farmers and such
other persons who have become indigent due to
loss of employment, illness, disability, death or
other cause ;
(c) to advise and assist workers who have voluntarily
resigned, retired or returned from foreign
employment with regard to the management of their
savings or in the establishment of small or medium
scale enterprises ;
(d) to provide counseling and assistance to families of
foreign employed workers to promote the well-
being of such families ;
(e) to assist workers who have lost employment due to
closure of enterprises, retrenchment, redundancy
or other cause to engage in self-employment or
secure alternate employment ;
(f) to provide counseling and to assist to workers and
their families to settle problems and make claims as
are relevant to their employment ;
(g) to provide or arrange to provide counseling services
or treatment for persons having psychological
difficulties ;
(h) to provide or arrange to provide vocational training
and assistance to disadvantaged young persons
to engage in self-employment or to secure
employment;
(i) to provide or assist in providing or improving
houses for families in disadvantaged circumstances;
(j) to promote public health with special emphasis on
the improvement of the nutritional status of
disadvantaged women and children ;
Samaja Sahana Padanama (Incorporation) 3
Act, No. 64 of 2009
(k) to take steps to discourage smoking habit and
alcohol usage among workers and their families ;
and
(l) to promote the protection and improvement of the
environment.
(2) In implementing the objects specified in subsection
(1), the Corporation shall ensure that such implementation
is carried out without distinction based on race, caste,
religion, language, sex or political opinion.
4. Subject to the provisions of this Act, and any other General powers
written law, the Corporation shall have the power to— of the
Corporation.
(a) acquire, hold or take any property movable or
immovable for the Corporation or give on lease or
hire, mortgage, pledge, sell, exchange or otherwise
dispose of the same, subject ot the rules made under
section 6 of the Corporation;
(b) enter into and perform or carry out whether directly
or through any officer or agent authorized in that
behalf by the Corporation, all such contracts or
agreements as may be necessary for the attainment
of the objects or the exercise of the powers of the
Corporation;
(c) accept gifts, donations and bequests in cash or in
kind;
(d) advance or lend and to borrow money for the
purposes of the Corporation in such a manner and
upon such security as the Corporation may think fit;
(e) invest its funds that are not immediately required
for the purposes of the Corporation in such manner
as may be decided by the Board of Management
and to open, operate, maintain or close current,
diposit and savings accounts in any Bank;
4 Samaja Sahana Padanama (Incorporation)
Act, No. 64 of 2009
(f) publish or cause to be published books, journals,
magazines, other literature and establish and
maintain libraries ; and
(g) appoint, employ, transfer, exercise disciplinary
control over officers and servants as are required for
the carrying out of the objects of the Corporation
and to prescribe their terms and conditions of service
and dismiss such officers or servants.
Management of 5. (1) The affairs of the Corporation shall subject to the
the affairs of the rules of the Corporation made under section 6 of this Act, be
Corporation.
administered by a Board of Management (hereinafter referred
to as the “Board of Management”) consisting of a Chairman,
a Vice Chairman, a Secretary, an Assistant Secretary, a
Treasurer, an Assistant Treasurer and nine other members
elected or appointed in accordance with the rules of the
Corporation made under section 6.
(2) The first Board of Management of the Corporation
shall be the Board of Management of the Foundation
holding office on the day preceding the date of
commencement of this Act which shall hold office until a
new Board of Management is appointed under the rules of
the Corporation.
Rules of the 6. (1) It shall be lawful for the Corporation, from time to
Corporation.
time, at any general meeting 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
other written law, for all or any of the following matters :—
(a) admission, withdrawal or expulsion of members ;
(b) the election of the office-bearers of the Board of
Management, the resignation from or vacation of
or removal from, office of, office bearers and their
powers, conduct and duties ;
Samaja Sahana Padanama (Incorporation) 5
Act, No. 64 of 2009
(c) the election of the members of the Board of
Managememt and its powers, conduct and duties
and the terms of office of and the filling of vacancies
of the members of the Board of Management ;
(d) the powers, conduct, duties and functions of the
various officers, agents and servants of the
Corporation ;
(e) the procedure to be observed for the summoning
and holding of meetings of the Board of
Management, 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
of the Corporation and the custody of this funds;
and
(g) 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).
(3) The members of the Corporation shall be subject to
the rules of the Corporation made under this section.
7. The Seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever, except in the presence of the Corporation.
Chairman and either the 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.
8. All debts and liabilities of the Foundation on the day Debts due by
preceding the date of commencement of this Act shall be and payable to
the Foundation.
paid to the Corporation hereby constituted and all debts
6 Samaja Sahana Padanama (Incorporation)
Act, No. 64 of 2009
due to, subscriptions and contributions payable to the
Foundation on that day shall be paid to the Corporation for
the purposes of this Act.
Fund of the 9. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter received by way of gifts,
bequests, donations, subscriptions, contributions, 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 Board of Management shall determine.
(2) There shall be paid out of the fund of the Corporation,
all such sums of money as are required to defray any
expenditure incurred by the Corporation in the exercise,
performance and discharge of its powes, duties and functions
under this Act.
Accounts and 10. (1) The financial year of the Corporation shall be
audit. 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
annually by a qualified auditor appointed by the Board of
Management.
(4) For the purpose 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
such institute ; or
(b) a firm of Accountants, each of the resident partners
of which being a member of the Institute of
Samaja Sahana Padanama (Incorporation) 7
Act, No. 64 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 such institute.
11. If upon the dissolution of the Corporation, there Property
remains after the satisfaction of all its debts and liabilities, remaining on
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 or Institutions
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
Institution or Institutions shall be determined by the members
of the Corporation at or immediately before the dissolution
of the Corporation.
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
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency.
prevail.

8 Samaja Sahana Padanama (Incorporation)
Act, No. 64 of 2009
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