ACT, No. 75 OF 2009

75of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
MAHINDANANDA ALUTHGAMAGE
FOUNDATION (INCORPORATION)
ACT, No. 75 OF 2009
[Certified on 23rd 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 24, 2009
PRINTEDAT THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 5.00

Mahindananda Aluthgamage Foundation 1
(Incorporation) Act, No. 75 of 2009
[Certified on 23rd December 2009]
L.D.—O. INC 3/2009.
ANACT TOINCORPORATE THE MAHINDANANDAALUTHGAMAGE
FOUNDATION
WHEREAS a Foundation called and known as the Preamble.
“Mahindananda Aluthgamage Foundation” has heretofore
been created 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 the said Foundation 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 Mahindananda Short title.
Aluthgamage Foundation (Incorporation) Act, No. 75
of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of the the
Mahindananda
Mahindananda Aluthgamage Foundation (hereinafter
Aluthgamage
referred to as the “Foundation”) or shall hereafter be admitted Foundation.
as members of the corporation hereby constituted, shall be a
body corporate with perpetual succession, under the name
and style of the Mahindananda Aluthgamage Foundation
(hereinafter referred to as the “Corporation”) and by that
name may sue and be sued and shall have full power and
authority to have and use a common Seal and to alter the
same at its pleasure.
2—PL 004442— 3,150 (10/2009)
2 Mahindananda Aluthgamage Foundation
(Incorporation) Act, No. 75 of 2009
General objects 3. The general objects for which the Corporation is
of the
constituted are hereby declared to be—
Corporation.
(a) to award prizes and scholarships to needy school
children to enable them to continue their eduction
and to encourage them to attend school regularly ;
(b) to establish and maintain libraries including mobile
libraries to assist the students in their educational
activities ;
(c) to organize seminars, workshops, lectures,
exhibitions, and educational tours with a view to
promoting the educational activities of school
children ;
(d) provide for loan schemes and other assistance to
school principals and teachers in order to encourage
them to enhance their professional knowledge ;
(e) to award scholarships to deserving students
selected to follow courses at Universities and
technical Colleges ;
(f) to introduce self-employment opportunities, loans
and savings schemes and vocational training and
computer traning centres for school leavers ;
(g) to establish and maintain per-schools for early
childhood development of the needy children ;
(h) to grant lands and houses to needy families who do
not own lands or houses ;
(i) to supply wheel chairs and other medical equipment
to hospitals and to provide medical relief and food
for the needy, destitute and sick, establish and
maintain houses for displaced persons and elders
Mahindananda Aluthgamage Foundation 3
(Incorporation) Act, No. 75 of 2009
and establish and maintain Children’s homes and
daycare centres for children and elders ;
(j) to print, publish and distribute such books, journals,
bulletins and newspapers as are necessary to
disseminate information relating to the objects of
the incorporation ; and
(k) to assist persons who are blind, deaf and dumb by
providing for their needs.
4. (1) The affairs of the Corporation shall, subject to the Management of
the affairs of the
provisions of this Act and the rules made under section 6, be Corporation.
administered by a Board of Directors consisting of the
Chairman, Secretary, Treasurer and nine other members who
shall be elected in accordance with the rules of the
Corporation.
(2) The founder member of the Foundation, Honourable
Minister Mahindananda Aluthgamage shall be the first
Chairman of the Board of Directors of the corporation.
(3) The first Board of Directors of the Corporation shall
be the Board of Directors of the Foundation holding office
on the day immediately preceding the date of commencement
of this Act.
5. Subject to the provisions of this Act and any other General Powers
of the
written law, the Corporation shall have the power to—
Corporation.
(a) borrow or raise money with or without security for
the purpose of the Corporation ;
(b) utilize the funds belonging to the Corporation in
order to achieve the objects of the Corporation, in a
manner determined by the Board of Directors ;
(c) open, maintain and close bank accounts in any bank
or banks as may be determined by the Board of
Directors ;
4 Mahindananda Aluthgamage Foundation
(Incorporation) Act, No. 75 of 2009
(d) employ and dismiss officers and servants
required for the carrying out of the objects of the
Corporation ;
(e) to liaise and co-ordinate with other local or foreign
institutions which have similar objects ;
Rules of the 6. (1) It shall be lawful for the Corporation, from time to
Corporation.
time, at any General Meeting or at a Special General Meeting
by a majority of not less than one third of the members
present and voting, to make rules not inconsistent with the
provisions of this Act or any other written law for all or
any of the following matters :—
(a) the election of the office bearers, their term of office,
resignation from, or vacation of, or removal from
office and their powers and duties ;
(b) the election and the terms of office of members
of the Board of Directors other than the office
bearers, and the powers and duties of the Board of
Directors ;
(c) classification of membership, admission,
withdrawal, expulsion of members and membership
fees ;
(d) the administration and management of the property
of the Corporation, the custody of its funds and the
maintenance and audit of its accounts ;
(e) the procedure to be followed at any meeting of the
Board of Directors and the quorum therefor and the
conduct of business thereat ; and
(f) the management of the affairs of the Corporation
and the accomplishment of its objects.
Mahindananda Aluthgamage Foundation 5
(Incorporation) Act, No. 75 of 2009
(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) The members of the Corporation shall be subject to
the rules of the Corporation.
7. Subject to the provisions of this Act, the Corporation Corporation
shall be able and capable in law to acquire and hold any may hold
movable and
property both movable and immovable by way of purchase,
immovable
grant, gift or testamentary disposition or otherwise, and all property.
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 6 with full power to sell, mortgage, lease,
exchange or otherwise dispose of the same.
8. (1) The Corporation shall have its own Fund and all The Fund of the
Corporation.
monies heretofore or hereafter to be received by way of
gifts, bequest, donation, subscription, contribution or grants
on behalf of the Corporation shall be deposited to the credit
of the Fund of the Corporation in one or more banks as the
Board of Directors may determine.
(2) There shall be paid out of the Fund all such sums of
money as may be required to defray any expenditure incurred
by the Corporation in the exercise, performance and
discharge of its powers, duties and functions under this Act.
9. All debts and liabilities of the Foundation existing Debts due by
on the day preceding the date of commencement of this Act and payable to
the Foundation.
shall be paid and discharged by the Corporation hereby
constituted and all debts due to, subscriptions and
contributions payable to the Foundation on that day shall
be paid to the Corporation for the purposes of this Act.
10. No member of the Corporation shall for the purpose Limitation of
of discharging the debts and liabilities of the Corporation or liabilities of
members.
for any other purpose be liable to make any contribution
exceeding the amount due from such members as membership
fees.
6 Mahindananda Aluthgamage Foundation
(Incorporation) Act, No. 75 of 2009
Audit and 11. (1) The Corporation shall cause proper accounts to
accounts. be kept of all income and expenditure, assets and liabilities
and all other transactions of the Corporation.
(2) The Accounts of the Corporation shall be audited by
a qualified auditor appointed by the Board of Directors.
(3) For the purpose of 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
the Council of such Institute ; or
(ii) 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 12. The Seal of the Corporation shall not be affixed to
Corporation. any instrument except in the presence of the Chairman and
two members of the Corporation as may be decided by the
Board of Directors, 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 any property after the satisfaction of all debts and
dissolution.
liabilities, such property shall not be distributed among the
members of the Corporation, but shall be given or transmitted
to some other institution or institutions having objects similar
to those of the Corporation, and which is or are by its rules
prohibited from distributing any income or property among
its or their members. Such institution or institutions may be
determined by the Board of Directors on or before the
dissolution of the Corporation.
Mahindananda Aluthgamage Foundation 7
(Incorporation) Act, No. 75 of 2009
14. Nothing contained in this Act 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 Mahindananda Aluthgamage Foundation
(Incorporation) Act, No. 75 of 2009
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