Act No 19 OF 2012

Act-No-19of2012-Piya-Dasuna-Foundation-Incorporation.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
PIYA DASUNA FOUNDATION
(INCORPORATION) ACT, No. 19 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

Piya Dasuna Foundation (Incorporation) 1
Act, No 19 of 2012
[Certified on 06th August, 2012]
L.D.– O. (Inc) 21/2011.
ANACTTO INCORPORATE THE PIYA DASUNA FOUNDATION
WHEREAS an Association called and known as the “Piya Preamble.
Dasuna 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 be cited as the “Piya Dasuna Foundation Short title.
(Incorporation)” Act, No. 19 of 2012.
2. From and after the date of commencement of this Act, Incorporation
such and so many persons as now are members of the “Piya of the Piya
Dasuna
Dasuna Foundation” (hereinafter referred to as the
Foundation.
“Foundation”) or shall hereafter be admitted as members of
the Corporation hereby constituted, shall be a body corporate
with perpetual succession, under the name and style of the
“Piya Dasuna 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 The general
constituted are hereby declared to be— objects of the
Corporation.
(a) to provide necessary education, training and
assistance to Sri Lankan Youth to improve their
professional and vocational skills with a view to
2—PL 006105—3,090 (06/2011)
2 Piya Dasuna Foundation (Incorporation)
Act, No 19 of 2012
obtaining their optimal and finest services for the
development of the nation;
(b) to promote peace, goodwill and harmony among all
the communities and people of Sri Lanka ;
(c) to grant scholarships and bursaries to needy and
deserving students of Sri Lanka ;
(d) to establish and maintain permanent and mobile
libraries mainly in the remote and underdeveloped
areas, especially for the benefit of the students ;
(e) to organize awareness programmes on concepts such
as Fundamental Human Rights, Democracy and Good
Governance with a view to promoting such concepts
among the Sri Lankans;
(f) to formulate and implement programmes to promote
the rights of the children, women and other
marginalized groups such as the differently able
people ;
(g) to sponsor and promote sports among the children
and the youth according to their talents and interest ;
(h) to formulate and implement various humanitarian
assistance programmes such as housing, medical
relief, poverty alleviation programmes for the needy
and deserving Sri Lankans including the Displaced
Persons ;
(i) to formulate and implenment various projects and
programmes to improve the moral values of the Sri
Lankan youth and to foster and promote the cultural
heritage of Sri Lanka ; and
(j) 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
Piya Dasuna Foundation (Incorporation) 3
Act, No 19 of 2012
any distinction based on race, religion, language, caste, sex
or political opinion.
4. The Corporation shall implement and carry out the Corporation to
objects of the Corporation in such manner so as not to cause ensure no
conflict with
any conflict between the work of the Corporation and any work of any
work being carried out by any Ministry or Department of the Ministry & c.
Government or a Provincial Council.
5. 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 whithout securities
and to receive grants, gifts or donations in cash or
kind ;
Provided that, the Corporation shall obtain the
prior written approval of the Department of External
Resources of the Ministry of the Minister assigned
the subject of Finance, in respect of all foreign grants,
gifts or donations.
(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
4 Piya Dasuna Foundation (Incorporation)
Act, No 19 of 2012
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.
6. (1) Subject to the provisions of this Act the
Executive
Committee of management and administration of the affairs of the
the Corporation. Corporation shall be administered by an Executive
Committee consisting of such number of office bearers as
may be specified by the rules of the Corporation made under
section 7.
(2) One of the members of the Executive Committee shall
be an officer not below the rank of a Senior Assistant Secretary
of the Ministry of the Minister to whom the subject of Social
Services is assigned and appointed by such Minister.
(3) The Executive committee of the Corporation shall be
elected every year at a general meeting of the Corporation.
(4) The first Executive Committee of the Corporation
shall be elected within one year of the date of commencement
of this Act.
(5) The executive Committee of the Foundation who

Piya Dasuna Foundation (Incorporation) 5
Act, No 19 of 2012
holds office on the day immediately preceding the date of
commencement of this Act, shall function as the executive
Committee of the Corporation until the first Executive
Committee of the Corporation is elected in the manner
provided for in the Act.
(6) No person shall be elected as an office bearer
(including the patrons) of the Corporation for the life period
of such person.
7. (1) It shall be lawful for the Corporation from time to Rules of the
time at any general meeting of the Corporation and by a Corporation.
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, expulsion or resignation of members
and fees payable by the members ;
(b) 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 ;
(c) the appointment, powers, functions and duties and
the terms and conditions of the various officers,
agents and servants of the Corporation;
(d) 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 ;
(e) the qualifications and disqualifications for members
of the Executive Committee and the Corporation ;
and
6 Piya Dasuna Foundation (Incorporation)
Act, No 19 of 2012
(f) the administration and management of the property
of the Corporation for the accomplishment of the
objects of the Corporation.
(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 8. (1) The Corporation shall have its own fund.
Corporation.
(2) All moneys received by way of gift, 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 9. (1) The financial year of the Corporation shall be the
Auditing. 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 the Auditor General or an qualified auditor
appointed by the Auditor General.
(4) In this sectiobn "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 Council of such Institute; or
Piya Dasuna Foundation (Incorporation) 7
Act, No 19 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, posseses a certificate
to practice as an Accountant, issued by the Council
of such Institute
10. All debts and liabilities of the Foundation existing Debts due by
on the day immediately preceding the date of commencement and payable to
of this Act, shall be paid by the Corporation hereby the Foundation.
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.
11. Subject to the provisions of this Act, the Corporation Corporation
may hold
shall be able and capable in law to take and hold any property,
property
movable or immovable, which may become vested in it by movable and
virtue of any purchase, grant, gift, testamentary disposition immovable.
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 7 with power to
sell, mortgage, lease, exchange, or otherwise dispose of the
same.
12. The corporation shall be a non-profit organization Corporation to
be non-profit
and no part of the gains, profits or dividends, if any, of the organisation.
Corporation shall be distributed among the members of the
Corporation.
13. (a) If upon the dissolution of the Corporation there Property
remaining on
remains after the satisfaction of all its debts and liabilities
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 members.
8 Piya Dasuna Foundation (Incorporation)
Act, No 19 of 2012
(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
Corporation. any instrument whatsoever, except in the presence of two
members of the 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 any body politic or
Republic.
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
inconsistancy. prevail.

Piya Dasuna Foundation (Incorporation) 9
Act, No 19 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.

10 Piya Dasuna Foundation (Incorporation)
Act, No 19 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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