Galle Heritage Foundation

(1) There shall be establishment a Foundation which shall be called the “Galle Heritage Foundation”(hereinafter referred to as the “Foundation”).

(2) The Foundation shall, by the name assigned to it by subsection (1), be a body corporate with perpetual succession and a common seal and may sue and be sued in such name.

(a) to promote the preservation, conservation,and development,of the Galle Fort together with its historic hinterland,as a historic city centre and as an area of archaeological interest;

(b) subject to the provision of written law,to acquire, hold, maintain and dispose of , any immovable and movable property within the Galle Fort and its historic hinterland which has historical, cultural or aesthetic value;

(c) to promote interest among the residents of the Galle Fort in the preservation of the houses, buildings and other property within the said Fort and its historic hinterland and to educate such residents, on the conservation and preservation of the said Fort and its historic hinterland and on the historical,cultural,archaeological and aesthetic aspects of the said Fort and its historic hinterland and to reconstruct, renovate, conserve, upgrade, restore, and find new uses for, the houses and buildings, in the said Fort and its historic hinterland;

(d) to provide access to, and facilities for, the enjoyment of the Galle Fort and its historic hinterland ;

(e) to promote the general welfare of the residents of the Galle Fort and of its historic hinterland; and

(f) to do all such other acts or things as may be necessary for the accomplishment of all or any of the above objects.

(a) to acquire and hold property, movable or immovable,, which may become vested in it under this Act or by virtue of any purchase, grant, gift, testamentary disposition or otherwise, and subject to any trusts attaching to such property, to sell, mortgage, lease, exchange or otherwise dispose of the same ;

(b) to erect, or cause to be erected, any building or structure on any land belonging to the Foundation, and to manage, maintain, repair, renovate, restore and conserve, any historic, cultural, or archaeological building or structure or monuments vested in, or held by, the Foundation subject to any obligation, by way of trust or otherwise, attaching to such property ;

(c) to act as trustees in respect of any property within the Galle Fort and its historic hinterland, for the government or any individual or incorporate or unincorporate body ;

(d) to enter into and perform, all such contracts as may be necessary for the exercise of its powers or the performance of its duties ;

(e) to receive or collect gifts, grants, or donations, in cash or land from local or foreign sources ;

(f) to undertake and to fund, research into the history of the Galle Fort and its historic hinterland and to publish the results of such research ;

(g) to maintain, improve, repair and develop, public amenities within the Galle Fort and its historic hinterland, subject to the directions of the Department of Archaeology, the Urban Development Authority, the Galle Municipal Council, the Department of Coast Conservation and of the Ceylon Tourist Board ;

(h) to make, draw, accept, endorse, negotiate, buy, sell and issue, bills of exchange, cheques, promissory notes and other negotiable instruments and to open and maintain, current., savings, and deposit accounts in any bank or banks ;

(i) to establish and maintain, educational institutions, museums, laboratories, research centres, observatories, places providing accommodation, and to conduct workshops, in furtherance of the objects of the Foundation ;

(j) to borrow, with or without security, moneys necessary for carrying out its objects ; and

(k) to invest any moneys belonging to the Foundation including any unapplied income, in any security in which, under the provisions of section 20 of the Trusts Ordinance (Chapter 87) or of any other written law, it is lawful to invest trust moneys or to invest any such moneys in the purchase of immovable property in Sri Lanka or vary such investments or to place in fixed deposit in any bank any portion of such moneys not required for immediate expenditure.

(1) The administration, management and control of the affairs of the Foundation shall be vested in the Board of Management of the Foundation (hereinafter referred to as the “Board”).

(2) The Board shall, for the purposes of administering the affairs of the Foundation, exercise, discharge and perform the powers, functions and duties conferred, or imposed on, or assigned to, the Foundation by this Act. (3) The Board shall have the power to make rules to regulate the procedure relating to its meetings.

(1) The Board shall consists of the following: ”

(2)

(3) Every appointed member of the Board shall vacate office as such member”

(4) Every elected member of the Board shall vacate office as such member”

(5)

(6) Where any appointed member of the Board is, by reason of illness or other Infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office the Minister may appoint another person to act in his place.

(7) A member appointed under subsection (5) shall, unless he earlier resigns or vacates his office by death or removal, hold office for the unexpired part of the term of his office of the member whom he succeeds.

(8) Every appointed member of the Board shall unless be vacates office earlier by death, resignation or removal, hold office for a period or. three years from the date of his appointment to such office.

(9) Any appointed member of the Board who vacates his office otherwise than by removal from office under subsection (3) shall be eligible for reappointment.

(10) Where any elected member of the Board dies or resigns or is removed from office, the Board may elect another person to be a member in place of the member who dies, resigns or is removed from office.

(11) Where any elected member of the Board is, by reason of illness or other infirmity or absence from Sri Lanka, temporarily unable to perform the duties of his office, the Board may elect another person to act in his place.

(12) A member elected under subsection (10), shall, unless he earlier resigns or vacates his office by death or removal, hold office for the unexpired part of the term of his office of the member whom he succeeds.

(13) Every elected member of the Board shall unless he vacates office earlier by death, resignation or removal, hold office for a period of two years from the date of his election to such office and shall unless he has been removed from office under subsection (4) be eligible for re-election.

(14) Every ex officio member of the Board shall hold office as long as he holds the post by virtue of which he is a member of the Board.

(15) No act or proceeding of the Board shall be deemed to be invalid by reason of any vacancy in the membership at the Board or any defect in the appointment or election of any member thereof.

(1) Subject to the provisions of this Act and any regulations made by the Minister, the Foundation shall have the power to appoint such officers and servants as may be necessary for the discharge of its functions.

(2) The appointment, of the officers and servants of the Foundation shall be made by the Foundation in accordance with such schemes of recruitment and procedures for appointment as may be prescribed by regulations.

(3) Subject to the provisions of this Act and any regulations made by the Minister, the Foundation shall determine the terms and conditions of the service of the officers and servants of the Foundation including their wages, salary or other remuneration.

(4) The officers and servants of the Foundation shall be subject to the disciplinary control including power of dismissal, of the Foundation.

(5) The Foundation may establish and regulate provident funds and schemes for the benefit of the officers and servants of the Foundation and may make contributions to any such fund or scheme.

(1) At the request of the Foundation any officer in the public service serving in the Ministry of the Minister may, with the consent of the Secretary to the Ministry of the Minister given with the concurrence of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration and of the officer, be temporarily appointed to the staff of the Foundation for such period as may be determined by the Foundation with like consent or with like consent be permanently appointed to such staff.

(2) At the request of the Foundation, any officer in the public service other than an officer referred to in subsection (1) may, with the consent of that officer and of the Secretary to the Ministry of the Minister in charge of the subject of Public Administration, be temporarily appointed to the staff of the Foundation for such period, as may be determined by the Foundation, with like consent, or with like consent be permanently appointed to such staff.

(3) Where any officer in the public service is temporarily appointed to the staff of the Foundation the provisions of section 13(2) of the Transport Board Law, No. 19 of 1978. shall, mutatis ‘mutandis, apply to, and in relation to him.

(4) Where any office in the public service is permanently appointed to the staff of the Foundation, the provisions of section 13(3) of the Transport Board Law, No. 19 of 1978 shall, mutatis mutandis, apply to, and in relation to, him.

(a) shall be in the custody of such persons as the Board may from time to time determine ;

(b) may be altered in such manner as may be determined by the Board ; and

(c) shall not be affixed to any instrument whatsoever except with the authority of the Board in the presence of two members of the Board who shall sign their names on the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

(1) The Foundation shall have its own fund.

(2) There shall be credited to the fund of the Foundation”

(3) There shall be paid out of the fund of the Foundation”

(1) The Board shall cause proper bocks of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Foundation.

(2) The accounts of the Foundation shall be audited by qualified auditor or auditors appointed by the Board.

(3) The financial year of the Foundation shall be the calendar year.

(4) In this section ” qualified auditor” has the same meaning as in paragraph (3) of Article 154 of the Constitution.

(1) The Minister may, from time to time, give such general directions in writing to the Board as to the exercise of the powers, and the performance of the duties of the Foundation and the Board shall give effect to such directions.

(2) The Minister may, from time to time, order all or any of the activities of the Foundation to be investigated and reported on by such person or persons as he may specify, and upon such order being made, the Board shall afford all such facilities and furnish all such information as may be necessary to carry out such order.

(1) No suit or prosecution shall lie”

(2) Any expense incurred by the Foundation or by any such person, as is referred to in subsection (1) in any suit or prosecution brought against the Foundation or such person before any court in respect of any act which is done by the Foundation or such person under this Act or on the direction of the Board shall if the court holds that the act was done in good faith, be paid out of the fund of the Foundation.

(1) Subject to the provisions of this Act, the Minister may make regulations for, and in respect of, all or any of the following matters :” a

(2) Every regulation made by the Minister shall be published in the Gazette and shall come into operation on the date of such publication or on such later date as may be specified in the regulation.

(3) Every regulation shall, as soon as convenient after publication in the Gazette, be brought before Parliament for approval. Any regulation which is net so approved shall be deemed to be rescinded as from the date of its disapproval but without prejudice to any thing done thereunder.

(4) Notification of the date on which any regulation made by the Minister is so deemed to be rescinded, shall be published in the Gazette.