Act No 18 OF 2012

Act-No-18of2012-Dr.-Malani-Fonseka-Foundation-Incorporation.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
(DR.) MALANI FONSEKA FOUNDATION
(INCORPORATION) ACT, No. 18 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

(Dr.) Malani Fonseka Foundation (Incorporation) 1
Act, No. 18 of 2012
[Certified on 06th August, 2012]
L.D.—O. Inc. 22/2011.
ANACT TO INCORPORATE THE (DR.) MALANI FONSEKA FOUNDATION
WHEREAS an Association called and known as the Preamble.
“Dr. Malani Fonseka Foundation” has heretofore been
established in Sri Lanka for the purpose of effectually carrying
out its objects and transacting all 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 formed and has applied to be
incorporated and it will be for the public advantage to grant
the said application :
BE it therefore enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows :—
1. This Act may by cited as the (Dr.) Malani Fonseka Short title.
Foundation (Incorporation) Act, No. 18 2012.
2. From and after the date of commencement of this Incorporation
of the
Act, such and so many persons as now are members of the
(Dr.) Malani
“(Dr.) Malani Fonseka Foundation” (hereinafter referred to Fonseka
as the “Foundation”) or shall hereafter be admitted as Foundation.
members of the Corporation hereby constituted, shall be a
body corporate with perpetual succession, under the name
and style of the “(Dr.) Malani Fonseka 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.
2—PL 006058 -3,090 (05/2011)
2 (Dr.) Malani Fonseka Foundation(Incorporation)
Act, No. 18 of 2012
The general 3. (1) The general objects for which the Corporation is
objects of the
constituted are hereby declared to be—
Corporation.
(a) to foster and preserve aesthetic, performance and
traditional arts and crafts of Sri Lanka and to
promote such arts and crafts both nationally and
internationally ;
(b) to formulate and implement suitable projects to
improve the social, academic and economic
standards of the Sri Lankan Artists and those who
are involved in the promotion of Sri Lankan arts
and crafts ;
(c) to formulate and implement suitable projects for
the welfare of senior citizens, women and children
of Sri Lanka;
(d) to grant scholarships and bursaries to needy and
deserving students of Sri Lanka particularly to
facilitate them to engage in higher education ;
(e) to formulate and implement appropriate
programmes to teach Tamil language to Sinhala
students and Sinhala language to Tamil students ;
(f) to formulate and implement appropriate
programmes to improve the English lauguage skills
of the Sri Lankan students ;
(g) to establish and maintain Information Technology
Centers particularly in the rural and under
developed areas with a view to improving computer
literacy of rural students ;
(h) to assist those who are engaged in agriculture and
fisheries industries by providing them with latest
technological information and other necessary
assistance ;
(Dr.) Malani Fonseka Foundation (Incorporation) 3
Act, No. 18 of 2012
(i) to formulate and implement poverty alleviation
programmes for the overall welfare and development
of the poor ;
(j) to sponsor and promote sports among the children
and youth according to their talents and interests ;
(k) to organize awareness programmes on concepts such
as fundamental rights, fundamental duties,
democracy and good governance with a view to
promoting such concepts among the Sri Lankans ;
and
(l) to liaise and co-ordinate with other local and foreign
institutions having similar objects to that of the
corporation.
(2) The Corporation shall ensure that the implementation
of the objects of the Corporation shall be carried out without
any distinction based on race, religion, language, caste, 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 do, Corporation.
perform and execute all such acts and matters as are necessary
or desirable for the promotion or furtherance of the objects
of the Corporation or any one of them, including the power—
(a) to purchase, acquire, rent, construct, renovate and
otherwise obtain lands or buildings which may be
required for the purposes of the Corporation ;
(b) to borrow or raise funds with or without securities
and to receive grants, gifts of donation in cash or
kind :
Provided that, the Board shall obtain prior written
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 and it shall be audited by
the Auditor General ;
4 (Dr.) Malani Fonseka Foundation(Incorporation)
Act, No. 18 of 2012
(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 accounts
in any bank ;
(d) to enter into contracts partnerships or agreements
with any Governmental or non Governmental
organizations or any other person or institution
whether in Sri lanka or abroad ;
(e) to invest any funds that are not immediately required
for the purposes of the Corporation, in such manner
as the Executive Committee may determine ;
(f) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corporation and
exercise disciplinary control over them and to pay
them such salaries, allowances and gratuities as may
be determined by the Corporation;
(g) to train personnel in Sri lanka or abroad for the
purposes of the Corporation ; and
(h) to do all other things as are necessary or expedient
for the proper and effective carrying out of the
objects of the Corporation.
Management of 5. (1) The management and administration of the affairs
the Affairs of the of the Corporation shall subject to the provisions of this Act
Corporation.
be administered by an Executive Committee consisting of
such number of office bearers elected in the manner as may
be provided by the rules of the Corporation made under
section 6.
(2) One of the office bearers of the Executive Committee
shall be an officer not below the rank of Assistant Secretary
of the Ministry of the Minister to whom the subject of Social
Services is assigned and appointed by such Minister.
(Dr.) Malani Fonseka Foundation (Incorporation) 5
Act, No. 18 of 2012
(3) The first Executive Committee of the Corporation
shall be the Executive Committee of the Foundation who
hold office on the day immediately preceding the date of
commencement of this Act.
(4) No office bearer of the Executive Committee,
including the patrons, shall hold office for more than three
consecutive years in the same post.
6. (1) It shall be lawful for the Corporation, from time Rules of the
to time, at any general meeting of the Corporation and by a Corporatiaon.
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, for all or any
of the following matters :—
(a) the classification of membership, admission,
withdrawal, explusion or resignation of members and
fees payable by the members ;
(b) the qualifications and disqualifications for members
of the Executive Committee and the Corporation ;
(c) the election of office bearers of the Executive
Committee or vacation of or removal from office and
the powers, duties and functions of the office bearers;
(d) the appoinment, powers, functions and duties and
the terms and conditions of the various officers,
agents and servants of the Corporation ;
(e) the procedure to be followed for the summoning and
holding of meetings of the Executive Committee,
the Corporation or any sub-committee thereof, filling
of vacancies, notices and agenda of such meetings,
the quorum and the conduct of business thereat ; and
(f) the administration and management of the property
of the Corporation for the accomplishment of the
objects of the Corporation.
6 (Dr.) Malani Fonseka Foundation(Incorporation)
Act, No. 18 of 2012
(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) of this section.
(3) The members of the Corporation shall at all times be
subject to the rules of the Corporation made under this
section.
Fund of the 7. (1) The Corporation shall have its own fund.
Corporation.
(2) All moneys received by way of gifts, bequest,
donation, subscription, contribution, fees or grant for and
on account of the Corporation shall be deposited in one or
more banks approved by the Executive Committee to the
credit of the Corporation.
(3) There shall be paid out of the fund, all sums of money
as are required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of
its powers, duties and functions under the Act.
Accounts and 8. (1) The financial year of the Corporation shall be
Auditing.
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 qualiafied auditor appointed by the Executive
Committee.
(4) In 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 councile of such
Institute; or
(Dr.) Malani Fonseka Foundation (Incorporation) 7
Act, No. 18 of 2012
(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.
9. All debts and liabilities of the Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable to
the Foundation.
of this Act, shall be paid by the Corporation hereby
constituted and all debts due to and subscriptions and
contributions payable to the Foundation on that day shall
be paid to the Corporation for the purposes of this Act.
10. Subject to the provisions of this Act, the Corporation
Corporation shall be able and capable in law to take and may hold
property
hold any property, movable or immovable, which may
movable and
become vested in it by virtue of any purchase, grant, gift immovable.
testamentary disposition or otherwise, and all such property
shall be held by the Corporation for the purpose of this Act
and subject to the rules of the Corporation made under
section 6 with power to sell, mortgage, lease exchange or
otherwise dispose of the same.
11. No member of the Corporation shall, for the purpose Limitation of
of discharging the debts and liabilities of the Corporation, liabilities of
members.
or for any other purpose, be liable to make any contribution
exceeding the amount of such membership fees as may be
due from time to time to the Corporation.
12. The Corporation shall be a non-profit organization Corporation to
and no part of the gains, profits or dividends, if any, of the be a non-Profit
Organization.
Corporation shall be distributed among the members of the
Corporation.
13. (a) If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities, remaining on
dissolution.
any money or property whatsoever, such money or property
shall not be distributed among the members of the
8 (Dr.) Malani Fonseka Foundation(Incorporation)
Act, No. 18 of 2012
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 members.
(b) For the purposes of paragraph (a) the appropriate
institution or institutions shall be determined by the members
of the Corporation immediately before the dissolution.
Seal of the 14. The seal of the Corporation shall not be affixed to
Corporatiaon. any instrument whatsoever, except in the presence of two
members of Executive Committee 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.
Saving of the 15. Nothing in this Act contained shall prejudice or
Rights of the affect the rights of the Republic or of anybody politic or
Republic and
others. corporate.
Sinhala text to 16. 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.

(Dr.) Malani Fonseka Foundation (Incorporation) 9
Act, No. 18 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.
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