ACT, No. 71 OF 2009

71of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
PREMADASA HEGODA FOUNDATION
(INCORPORATION) ACT, No. 71 OF 2009
[Certified on 18th December, 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 December 18, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00

Premadasa Hegoda Foundation (Incorporation) 1
Act, No. 71 of 2009
[Certified on 18th December 2009]
L. D. —O. (INC.) 34/2007.
ANACTTO INCORPORATE THE PREMADASAHEGODA FOUNDATION Preamble.
WHEREAS an Association called and known as
the “Premadasa Hegoda Foundation” has 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 several objects and
matters for which it was formed 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 Premadasa Hegoda Short title.
Foundation (Incorporation) Act, No. 71 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 Premadasa
Hegoda
Premadasa Hegoda Foundation (hereinafter referred to as the Foundation.
“Association”) or shall hereafter be admitted members of the
Corporation hereby constituted, shall be a body corporate with
perpetual succession, under the name and style of the
“Premadasa Hegoda Foundation” (hereinafter referred to as
the “ Corporation”) 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 establish and maintain welfare centres for destitute
and displaced children ;

2 Premadasa Hegoda Foundation (Incorporation)
Act, No. 71 of 2009
(b) to take care of disabled, deformed and mentally
retarded children and to arrange for the future welfare
of these children and to aid in this regard ;
(c) to initiate vocational courses needed for mentally
retarded or deformed or displaced children and to
provide for their educational needs ;
(d) to establish and maintain vocational training
centres in collaboration with local and foreign
institutions ;
(e) to develop cordiality and corporation between this
Corporation and social workers, scientists,
philanthropists and local and foreign welfare
societies having social objectives ;
(f) to construct buildings necessary for the use of the
Corporation as well as the use of the persons
comming from abroad for the benefit of the
Corporation and to supply and maintain facilities
and equipment for such purposes ;
(g) to teach youth values and proper behaviour which
would mould their character ;
(h) to assist the children in every respect so that they
become good citizens of the country ;
(i) to establish and maintain pre-schools for the benefit
of low income families and to conduct courses for
the training of preschool teachers ;
(j) to promote traditional cultural arts by supplying
material and providing facilities and by encouraging
and protecting the interests of the artists and their
welfare ;
(k) to organize cultural exchange programmes with
other countries ;
Premadasa Hegoda Foundation (Incorporation) 3
Act, No. 71 of 2009
(l) to assist in the conservation of the natural resources
of Sri Lanka and protection of the endangered
species, animals, birds, fish and reptiles and provide
all assistance to the relevant institutions ;
(m) to organize seminars, workshops, projects and
discussions and to maintain relations with local and
foreign institutions in this field ; and
(n) to print, publish and distribute books, journals
leaflets, newspapers and magazines which the
Corporation may consider desirable for the
promotion and advancement of its objects.
(2) In the implementation of 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. (1) The affairs of the Corporation shall, subject to the Management of
other provisions of this Act and such rules as may be made the affairs of the
Corporation.
under section 7, be administered by a Board of Management
consisting of the President, Secretary, Assistant Secretary,
Treasurer and Assistant Treasurer and five committee members
who shall be appointed at a general meeting and elected in
accordance with the rules of the Corporation.
(2) The members of the Board first of Management of the
Corporation shall consist of the members of the Board of
Administration of the Associations holding office on the day
immediately proceeding the date of commencement of this
Act and shall hold office until the holding of the first annual
general meeting of the Corporation.
5. The Board of Management shall cause a register to be Register of the
members.
maintained in which every person who, at the date of
commencement of this Act, is a member of the Corporation
and every person thereafter duly admitted as a member of the
Corporation hereby constituted, shall have his name inscribed
in such register.

4 Premadasa Hegoda Foundation (Incorporation)
Act, No. 71 of 2009
Powers of the 6. Subject to the provisions of this Act and any other
Corporation. written law, the Corporation shall have the power to do,
perform and execute all such acts, matters and things
whatsoever, as are necessary or desirable for the promotion
or for the furtherance of the objects of the Corporation or
anyone of them, including the power—
(a) to purchase, hold, rent, construct and otherwise
obtain lands or buildings which may be required
for the purposes of the Corporation ;
(b) to borrow or raise funds and receive grants, gifts or
donations in cash or kind ;
(c) to erect or course to be erected any building or
structure on any land belonging to the Corporation;
(d) 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 ;
(e) to invest any funds not immediately required for
the purposes of the Corporation, in such a manner
as the Board of Management may think fit ;
(f) to undertake, accept, execute, perform and
administer any lawful trusts and conditions
affecting any movable or immoveble property ;
(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 ; and
(h) to train personnel in Sri Lanka or abroad for the
purpose of the Corporation.
Premadasa Hegoda Foundation (Incorporation) 5
Act, No. 71 of 2009
7. (1) It shall be lawful for the Corporation, from time Rules of the
to time, at any General meeting and by a majority of not less Corporation.
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, for the following matters:—
(a) classification of membership, fees payable by each
class of members, their admission, withdrawal,
expulsion or resignation ;
(b) election of the Board of Management, or vacation
of, or removal as office bearers and powers, duties,
functions and conduct of the Board of Management;
(c) appointment, employment and dismissal of the
various officers, agents and servants of the
Corporation their powers, duties, functions and
conduct and the payment of remuneration to them;
(d) the procedure to be observed at, and the summoning
and holding of meetings of the Corporation, Board
of Management, or any sub-committee thereof,
filling of vacancies, notices and agenda of such
meetings, the quorum therefore and the conduct of
business thereat ;
(e) the qualifications and disqualifications for
membership in the Board of Management and the
Corporation ;
(f) the administration and management of the property
of the Corporation ; 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 at a like meeting and in like
manner as a rule made under subsection (1).

6 Premadasa Hegoda Foundation (Incorporation)
Act, No. 71 of 2009
(3) The members of the Corporation shall be subject to the
rules of the Corporation.
Audit and 8. (1) The Corporation shall have its own fund and the
Accounts.
financial year shall be the 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
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 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.
Corporation 9. The Corporation shall be able and capable in law, to
may hold acquire and hold any property movable or immovable, which
property
movable or may become vested in it by virtue of any purchase, grant,
immovable. 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, with full power to sell, mortgage, lease,
exchange or otherwise dispose of the same.
Premadasa Hegoda Foundation (Incorporation) 7
Act, No. 71 of 2009
10. All debts and liabilities of the Association existing Debts due by
on the day preceding the date of commencement of this Act, and payable to
the Association.
shall be paid by the Corporation, and all debts due to,
subscriptions and contributions payable to the Association,
on that day shall be paid to the Corporation for the purposes
of this Act.
11. If upon the winding up or dissolution of the Property
remaining on
Corporation there remains after the satisfaction of all its debts
dissolution of
and liabilities, any property whatsoever, such property shall the Corporation.
not be distributed among the members of the Corporation,
but shall be given or transferred to some other association or
associations 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 or their
members. Such association or associations shall be determined
by the members of the Corporation at or immediately before
the time of such dissolution of the Corporation.
12. The seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever, except in the presence of the Corporation.
President of the Corporation or his absence two other persons
duly 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.
13. 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 corporate.
Republic and
others.
14. 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 Premadasa Hegoda Foundation (Incorporation)
Act, No. 71 of 2009
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.
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