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Short title
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1. This Act may be cited as the Ampara Senanayake . Gunanusmarana Sabhawa (Incorporation) Act, No. 3 of 1998.
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Incorporation of the Ampara Senanayake Gunanusmarana Sabhawa.
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2. From and after the date of commencement of this Act, such and so many persons as now are members of the Ampara Senanayake Gunanusmarana sabhawa (hereinafter referred to as the Sabhawa ) or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate (hereinafter referred to as” the Corporation “) with perpetual succession under the name and style of “The Ampara Senanayake Gunanusmarana Sabhawa,” and by that name may sue and be sued in all courts with full power and authority to have and use a common seal and alter the same at its pleasure.
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General Objects of the Corporation.
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3. The objects for which the Corporation is constituted are hereby declared to be”
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(a) to conduct annual commemorative celebrations and religious observances in memory of the Right Honorable D. S. Senanayake and his son Mr. Dudley Senanayake ;
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(b) to erect and maintain statues of the Right Honorable D. S. Senanayake and Mr.Dudley Scnanayake in Ampara Town, and to construct and maintain a building at a suitable place to commemorative them;
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(c) to award scholarships to needy students entering the universities of Sri Lanka for higher education from the Ampara District;
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(d) to create employment opportunities in the fields of agriculture,. arts and crafts, trade, commerce and industry and to provide Financial and technical assistance to those seeking self-employment with a view to uplifting the economic conditions of the residents in the Ampara District and to help and support them during calamities ;
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(e) to render assistance in the construction of houses, by organising shramadana campaigns and the provision of financial assistance;
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(f) to promote the advancement of communal and religious harmony and good will among the people of the Ampara District;
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(g) to take steps to provide assistance to victims of floods, cyclones, epidemics, fires and such other disasters in any part of Sri lanka; and
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(h) to do all other acts and things as are incidental or : conducive to the attainment of the above objects or any one of them.
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General Powers of the Corporation.
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4. Subject to the provisions of this Act or other 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 furtherance of the objects of the Corporation or any one of them, including the power to open, operate and close bank accounts, to borrow or raise money, with or without security, to receive or collect grants and donations, to invest its funds, and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.
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Management of the affairs of the Corporation
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5.
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(1)The administration and management of the affairs of the Corporation shall, subject to the rules of the Corporation, be vested in the Executive Committee (hereinafter referred to as the “Committee”) consisting of office bearers and such other persons as may be provided for in such rules and elected in accordance therewith.
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(2) In the event of any vacancy arising in the Committee due to resignation, removal or death of any member of the committee, such vacancy shall be filled according to such rules.
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(3) The first Executive Committee of the corporation shall consist of the members of the Executive Committee of the Sabhawa holding office on the day preceding the date of commencement of this Act.
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Rules of the Corporation,
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6.
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(1) It shall be lawful for the corporation, from time to time, at any general meeting and by a 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 other written law, for all or any of the following matters:-
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(a) the classification of membership and the admission, withdrawal or expulsion of members;
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(b) the election of the office-bearers, the resignation or vacation of, or removal from office of, office bearers, and their powers, conduct and duties;
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(c) the election of the members of the Committee, and its powers, conduct and duties;
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(d) the powers, conduct, duties and functions of the various officers, agents and servants of the corporation;
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(e) the procedure to be observed at, and the summoning and holding of, meetings of the Corporation and the Committee, the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of “business thereat;
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(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
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(g) generally, for the management of the affairs of the Corporation and the accomplishment of its objects.
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(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).
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(3) The rules of the Sabhawa in force on the day preceding the date of commencement of this Act, shall, insofar as they are not inconsistent with the provisions of this Act or other written law, be deemed to be rules made under this section.
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(4) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.
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Corporation may hold property, movable or immovable.
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7. The Corporation shall be able and capable in law to take and hold any property, movable or immovable, which may become vested in 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 in force for the time being, with full power to sell, mortgage , lease, exchange or otherwise dispose of the same.
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Debts due by and payable to the Sabhawa.
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8. All debts and liabilities of the Sabhawa existing on the day preceding the date of commencement of this Act, shall be paid by the Corporation hereby constituted, and all debts due to, and subscriptions and contributions payable to, the Sabhawa on that day shall be paid to the Corporation for the purposes of this Act.
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Properly remaining on dissolution,
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9. If upon She dissolution of die Corporation there remains after the satisfaction of all debts and liabilities, any property whatsoever, such properly shall 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 the objects of the Corporation, and which is, or are by the rules thereof prohibited from distributing any income or profit 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 dissolution of the Corporation.
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Application of moneys and Property of the Corporation
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10. The moneys and property of the Corporation, howsoever derived, shall be applied solely, towards the promotion of its objects as set forth herein and no portion thereof shall be paid or transferred directly or indirectly by way of dividend or profits to members of the Corporation.
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Limitation of liability of members.
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11. No member of the Corporation shall, for the purpose of discharging the debts and liabilities of the Corporation, or for any other purpose, be liable to make any contribution exceeding the amount of such membership fees as may be due from him to the Corporation.
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Seal of the Corporation.
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12. The seal of the Corporation shall be in the custody of the Secretary and may be altered in such manner as may be determined by the Committee and it shall not be affixed to any instrument whatsoever, except in the presence of the President and Secretary who shall sign their names to the instrument in token of their presence and such signing shall be independent of the singing of any person as a witness.
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Saving of the rights of the Republic and others.
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13. Nothing in this Act contained shall prejudice or affect the right of the Republic, or of any body politic or corporate, or of any other persons, except such as are mentioned in this Act and those claiming by, from, or under them.
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Sinhala text to prevail in case of inconsistency.
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14. In the event of any inconsistency between the and Tamil texts of this Act, the Sinhala text shall prevail.
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