Act-No-17of2012-D.-M.-Dassanayake-Social-Services-And-Charity-Foundation-Incorporation.pdf
NadunReplacecont
PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
D. M. DASSANAYAKE SOCIAL SERVICES
AND CHARITY FOUNDATION
(INCORPORATION) ACT, NO. 17 OF 2012
[Certified on 06th August, 2012]
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 August 10, 2012
PRINTEDATTHE DEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 10.00
D. M. Dassanayake Social Services and Charity 1
Foundation (Incorporation) Act, No. 17 of 2012
[Certified on 06th August, 2012]
L.D.—O. (INC.) 17/2011.
ANACT TO INCORPORATE THE D. M. DASSANAYAKE SOCIAL
SERVICES AND CHARITY FOUNDATION
WHEREAS a Foundation called and known as the “D. M. Preamble.
Dassanayake Social Services and Charity Foundation” has
heretofore been established for the purpose of effectually
carrying out and transacting all the 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 D. M. Dassanayake Short Title.
Social Services and Charity Foundation (Incorporation) Act,
No. 17 of 2012.
2. From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the D. D. M.
Dassanayake
M. Dassanayake Social Services and Charity Foundation
Social Services
(hereinafter referred to as “the Foundation”) or shall hereafter and Charity
be admitted as members of the Corporation hereby Foundation.
constituted, shall be a body corporate with perpetual
succession, under the name and style of the “D. M.
Dassanayake Social Services and Charity 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 006027—3,090 (05/2011)
2 D. M. Dassanayake Social Services and Charity
Foundation (Incorporation) Act, No. 17 of 2012
General objects 3. (1) The general objects for which the Corporation is
of the established are hereby declared to be—
Corporation.
(a) establish vocational training centres and conduct
other training programmes for the unemployed and
needy with a view to prepare them for a better
livelihood through self employment and thereby
to uplift the econmic standards of the people which
alleviates poverty of the people in Sri Lanka;
(b) promote the advancement of health of the people
in remote and under developed areas by providing
assistance financially or otherwise for the
establishment of healthcare centres and hospitals
and to provide equipment, medicine, wheel chairs
and other provisions to hospitals and health centres
for distribution to the patients;
(c) organize programmes which may encourage
religious and ethnic harmony;
(d) conduct seminars, workshops and similar
programmes which may contribute to the
development of personality of youth and thereby
to build up a refined society;
(e) assist people affected by any man made or natural
disasters by constructing houses and roads for them
and assisting such persons to resume their normal
day to day livelihood;
(f) assist needy and deserving students to further their
education by conducting classes, by providing
books, equipment and school uniforms to such
students and to assist them financially or otherwise
to complete thier education;
(g) enter into ageements with other institutions which
have similar objects as the Corporation and thereby
facilitate the exchange of resources among such
institutions;
D. M. Dassanayake Social Services and Charity 3
Foundation (Incorporation) Act, No. 17 of 2012
(h) sponsor conferences, seminars, workshops and
similar activities to enhance the physical, mental,
social and intellectual development of the people;
and
(i) oraganize welfare activities for the betterment and
wellbeing of the family members of the demised
soldiers.
(2) In the implementation of the objectives of this Act as
are specified in subsection (1), the Corporation shall ensure
that such implementation is carried out without distinction
based on race, cast, religion, language, sex or political opinion.
4. Subject to the provisions of this Act and any other Powers of the
written law the Corporation shall have the power to— Corporation.
(a) open, operate and close bank accounts in any one
or more banks as may be determined by the
Governing Council;
(b) borrow or raise money with or without security,
and to receive or collect grants and donations:
Provided that, notwithstanding anything to the
contrary in any other provisions of this Act, the
Governing Council shall obtain prior approval of
the Department of External Resources of the
Ministry of the Minister to whom the subject of
Finance is assigned in respect of all foreign grants,
gifts or donations;
(c) invest any funds of the Corporation which are not
immediately required for the purpose of the
Corporation in a way that may be determined by
the Governing Council to achieve the objects of
the Corporation;
(d) purchase, acquire, give on lease or hire, sell or
otherwise obtain any movable or immovable
property which may be required for the purpose of
4 D. M. Dassanayake Social Services and Charity
Foundation (Incorporation) Act, No. 17 of 2012
the Corporation and which may lawfully be
acquired for those purposes and to deal with or
dispose of the same, as it may deem expedient with
a view to achieving the objects of the Corporation;
(e) appoint, employ and dismiss the employees
required for the carrying out of the objects of the
Corporation and pay them such remuneration as
may be determined by the Governing Council;
(f) enter into, perform or carry out, whether directly or
through any officer or agent authorized in that
behalf by the Governing Council, all such contracts
or agreements as may be necessary for the
attainment of the objects or the exercise of the
powers of the Corporation; and
(g) do all other things as may be necessary or expedient
for the proper and effective carrying out of the
objects of the Corporation.
Management of 5. (1) The management, control and administration of
the affairs of the
the affairs of the Corporation shall, subject to the provisions
Corporation.
of this Act and the rules of the Corporation made under
section 6 of this Act, be administered by a Governing Council
consisting of the Chairman, Secretary, two Assistant
Secretaries, Treasurer and six other members.
(2) No act or proceeding of the Governing Council shall
be deemed to be invalid by reason only of the existence of a
vacancy among its members or any defect on the election or
nomination of any member thereof.
(3) The first Governing Council of the Corporation shall
consist of the members of the Governing Council holding
office on the day immediately preceding the date of
commencement of this Act and shall continue to hold office
until a new Governing Council is appointed in accordance
with the rules of this Act.
D. M. Dassanayake Social Services and Charity 5
Foundation (Incorporation) Act, No. 17 of 2012
(4) The incumbent Chairperson of the Governing Council
Mrs. Indrani Dassanayake shall be the lifelong Chairperson
of the Governing Council unless she resigns from office
earlier.
6. (1) It shall be lawful for the Corporation, from time to Rules of the
time, at any general meeting by a majority of not less than Corporation.
two-thirds of the members present and voting to make rules
not inconsistence with the provisions of this Act, or any
other written law—
(a) the classification of membership and the admission,
resignation or expulsion of members;
(b) the election of the office-bearers, the resignation
from, vacation of or removal from office of office
bearers and their powers, functions, duties and
disciplinary control;
(c) the election of the members of the Governing
Council and its powers, functions, duties and
disciplinary control and the terms of office of
members of the Governing Council;
(d) the powers, functions, duties and conduct of the
officers, agents and servants of the Corporation;
(e) the procedure to be observed at and the summoning
and holding of meetings of the Governing Council,
the times, venue, notices and agenda of such
meetings, the quorum therefor and the conduct of
business thereat;
(f) the administration and management of the property
of the Corporation, the custody of its funds, and the
maintenance and audit of its accounts; and
(g) the management of the affairs of the Corporation,
and the accomplishment of its objects.
6 D. M. Dassanayake Social Services and Charity
Foundation (Incorporation) Act, No. 17 of 2012
(2) Any rule made by the Corporation may be amended,
altered, added to or rescinded at a like meeting and in the
like the manner, as a rule made under sub section (1).
(3) The members of the Corporation shall be subjected to
the rules of the Corporation.
Corporation 7. Subject to the provisions of this Act, the Corporation
may hold shall be able and capable in law to acquire and hold property
movable and
immovable both movable and immovable, which may become vested in
property. it by virtue of any purchase, grant, 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 6, with
full power to sell, mortgage, lease, exchange or otherwise
dispose of the same.
Fund of the 8. (1) The Corporation shall have its own fund and all
Corporation. monies heretofore received or hereafter be received by way
of gifts, testamentary dispositons, grants, donations,
contributions or fees on behalf ot the Corporation shall be
deposited to the credit of the Fund of the Corporation in one
or more banks as the Governing Council may determine.
(2) The Corporation may establish a depreciation fund or
a sinking fund for the purpose of rehabilitation, development
or improvement of the property of the Corporation.
(3) There shall be paid out of the fund all sums of money
to defray any expenditure incurred by the Corporation in
the exercise, performance and discharge of its powers, duties
and functions under this Act.
(4) The financial year of the Corporation shall be the
calender year.
Debts due by 9. All debts and liabilities of the Foundation existing
and payable to on the day preceding the date of commencement of this Act,
the Foundation.
shall be paid and discharged by the Corporation hereby
D. M. Dassanayake Social Services and Charity 7
Foundation (Incorporation) Act, No. 17 of 2012
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 liability of
members.
for any other purpose, be liable to make any contyribution
exceeding the amount due from such member as membership
fees.
11. (1) The Corporation shall cause proper accounts to Accounts and
Audits.
be kept of its 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.
(3) In 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
such Institute ; or
(ii) a firm of Accountants each of the resident partner
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.
12. The Seal of the Corporation shall be in the custody Seal of the
Corporation.
of the Secretary and shall not be affixed to any instrument
whatsoever, except in the presence of the Chairman, Secretary
and the Treasurer 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.
8 D. M. Dassanayake Social Services and Charity
Foundation (Incorporation) Act, No. 17 of 2012
Property 13. If upon the dissolution of the Corporation, there
remaining on remains any property whatsoever, after the satisfaction of all
dissolution.
debts and liabilities, such property shall not be distributed
among the members of the Corporation, but shall be given
or transferred to some other institution 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 instiution or institutions may be
determined by the Governing Council on or before the
disslution of the Corporation.
Saving of the 14. Nothing contained in this Act shall prejudice or affect
rights of the the rights of the Republic or any body politic or corporate.
Republic.
Sinhala text to 15. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.
D. M. Dassanayake Social Services and Charity 9
Foundation (Incorporation) Act, No. 17 of 2012
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