Jayatissa Wijesinghe Memorial Educational, Cultural And Social Services Foundation (Incorporation)



Jayatissa Wijesinghe Memorial Educational, Cultural And Social Services Foundation (Incorporation)
AN ACT TO INCORPORATE THE JAYATISSA WIJESINGHE MEMORIAL EDUCATIONAL, CULTURAL AND SOCIAL SERVICES FOUNDATION.
Preamble.

WHEREAS a Foundation called and known as the Jayatissa Wijesinghe Memorial Educational, Cultural and Social Services Foundation has heretofore been established in Sri Lanka for the purpose of effectually carrying out and transacting all 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:

[25th November
, 1993
]
Short title.

1. This Act may be cited as the Jayatissa Wijesinghe Memorial Educational, Cultural and Social Services Foundation (Incorporation) Act, No. 55 of 1993.

Incorporation of the Jayatissa Wijesinghe Memorial Educational, Cultural and Social Services Foundation.

2. From and after the date of commencement of this Act, such and so many persons whose names appears in the First Schedule of this Act as now are members of the Jayatissa Wijesinghe Memorial Educational, Cultural and Social Services Foundation (hereinafter referred to as ” the Foundation “) or shall hereafter be admitted as members of the Corporation hereby constituted, shall be and become a body corporate (hereinafter referred to as ” the Corporation “) with perpetual succession under the name and style of ” the Jayatissa Wijesinghe Memorial Educational, Cultural and Social Services Foundation”, 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-

General objects of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be

(1) to promote social development activities by granting financial, medical and other relief to the orphans, the sick and the needy;

(2) to establish and maintain orphanages, Homes for the Aged and Social Welfare Centres, for the upliftment of disabled persons;

(3) to promote education, by establishing and maintaining Schools, Hostels and other Institutions for the benefit of students, and to help them financially or otherwise;

(4) to conduct vocational training courses for the youths in Sri Lanka;

(5) to grant scholarships or bursaries to volunteers and the members of the Corporation, engaged in achieving the objects of the Corporation;

(6) to promote, arrange, organise and hold exhibitions lectures, seminars, symposia, workshops, classes, debates, conferences, tours and excursions;

(7) to establish and maintain libraries, to subscribe for and issue, books, journals, sourvenirs and periodicals ;

(8) to foster and promote, the traditional Ruhunu, Kandyan and Sabaragamuwa dancing techniques of Sri Lanka;

(9) to establish a school for the teaching of dancing techniques to the younger generation ;

(10) to protect and promote, the folk music, games, customs and manners, unique to Ruhuna and to educate the general public on the same ;

(11) to establish cultural contacts with international cultural organisations for the propagation of the national arts of Sri Lanka ;

(12) to exchange views on culture and art with foreign organisations ;

(13) to affiliate with other associations for the promotion of arts in Sri Lanka ;

(14) to create an awareness among youth, of the cultural values of Sri Lanka ;

(15) to collaborate with any other institution or organization, whether foreign or local, having objects similar to those of the Corporation ;

(16) to foster and promote education by establishing and maintaining schools, Buddhist Dhamma Schools, Pirivenas and institutions for child education and by granting scholarships ;

(17) to establish and maintain a department for oriental languages;

(18) to establish and maintain a department for inter- national languages such as English and French ;

(19) to preserve and disseminate the Buddhist Philosophy and the Buddhist way of life;

(20) to establish and maintain Jayatissa Wijesinghe Buddhist Centre;

(21) to engage in the dissemination of Buddhism internationally ;

(22) to establish friendly relations with other Buddhist organisations in Sri Lanka and abroad ;

(23) to train students in small industries and to help them financially or otherwise to establish themselves as useful citizens;

(24) to afford children in indigent circumstances an opportunity to prepare for, to enter upon or to be engaged in a trade, occupation or service and to provide them with outfits, education or other amenities;

(25) to provide bursaries, scholarships, prizes, donations, financial assistance and other forms of assistance for the purpose of promoting, spreading and propagating the education and knowledge and to establish school libraries and cultural centres ;

(26) to engage with a view to imparting technical expertise to the people in any industry, vocational or import and export business and to promote and to carry on agricultural and industrial enterprises, to aid and assist any person to carry on such enterprises, to maintain training programmes in respect of such enterprises and to organise services and propaganda work;

(27) to organise programmes for the study of Ayurvedic and indigenous medicine and to organize services and propaganda activities;

(28) to act as an affiliated institution or a representative of any local or foreign technical or professional training institute carrying on educational activities ;

(29) to conduct the annual commemoration festivities unto the sacred memory of the late Mr. Jayatissa Wijesinghe and of his brothers Messrs Nandias Wijesinghe and Francis Wijesinghe, all of Nasnagamaruppa, Getamanna ;

(30) to award of prizes and educational scholarships to children of less affluent families, studying in several schools such as D. S. Senanayake Vidyalaya, Colombo and Thurstan College, Colombo, Anula Vidyalaya, Nugegoda, Rahula Vidyalaya, Matara, Kambussawela Vidyalaya, Beliatta and Getamanna Vijaya Maha Vidyalaya, Gatamanna including the Sri Lanka Law College and the Universities of Sri Lanka;

(31) to promote the religious, cultural, educational economic resurgence and social revival of the village community ;

(32) to assist in the conservation of forests and water resources and in the preservation of ancient arts and crafts ;

(33) to revive small industries which are carried on by the villagers and for this purpose, to establish and maintain model projects.

(34) to do such other things as are or may be necessary, conducive or incidental to the attainment of the objects of the Corporation.

Management of the Affairs of the Corporation.

4.

(1)The management control and the administration of the affairs of the Corporation shall be vested in a Board of Management (hereinafter referred to as “the Board”) comprising of not less than ten persons elected in accordance with the rules of the Corporation. The Corporation shall maintain a list of’ names of persons not exceeding six in number, who shall succeed the Executive President and Director-General of the Corporation. The first such list shall consist of the persons whose names are specified in the Third Schedule hereto and, if the office of the Executive President and Director-General falls vacant, his successor shall be appointed from the aforesaid list by the Corporation in the order in which the names are given therein.

(2) The first Board shall consist of the members of the Board of Management of the Foundation holding office on the day immediately preceding the date of commencement of this Act, and whose names are specified in the Second Schedule to this Act. The first Board shall hold office until the holding of the first general meeting of the Corporation.

(3) Notwithstanding anything to the contrary in sub section (1) of this section Mr. S. S. Wijesinghe of Alfred House Road, Colombo 3, shall be the first Executive President and Director-General of the Corporation and shall, unless he resigns or vacate his office earlier, be the Executive President and Director-General for life. Each of the successive Executive President and Director-Generals appointed after him from among the persons whose names appear in the first list specified in the Third Schedule hereto shall also hold office for life unless resigns or vacates his office earlier. The term of office of any Executive President and Director-General not being a person whose names appears in the first list referred to above shall be determined by the Corporation.

Powers of the Corporation.

5. Subject to the provisions of this Act and any other written law, the Corporation shall have the power

(a) to purchase, acquire, rent, construct and otherwise obtain lands or buildings which may be required for the purposes of the Corporation ;

(b) to borrow or raise money for the purposes of the Corporation ;

(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 bank accounts;

(d) to invest any funds not immediately required for the purposes of the Corporation in such manner as the Council may think fit ;

(e) to solicit and receive subscriptions, grants, donations and gifts of all kinds ;

(f) to enter into agreements or contracts with any person, company or body of persons;

(g) to undertake, accept, execute, perform and administer any lawful trusts and conditions affecting any real or personal property;

(h) to appoint, employ, dismiss or terminate the services of officers and servants of the Corporation and to pay them such salaries, allowances and gratuities as may be determined by the Corporation;

(i) to train personnel in Sri Lanka or abroad for the purpose of the Corporation; and

(j) to do all other things necessary or expedient for the proper and effective carrying out of the objects of the Corporation.

Rules of the Corporation.

6.

(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 any other written law, for all or any of the following matters:

(a) the classification of membership, fees payable by each class of members, and their admission, withdrawal, expulsion or resignation;

(b) the election of the President and Director-General, the members of the Board and the office-bearers, resignation or removal from, or vacation of, office of members of the Board, powers, duties and conduct of the members of the Board, the appointment, powers, duties, functions and conduct of the various officers, agents and servants of the Corporation;

(c) the procedure to be observed at, and the summoning and holding of, meetings of the Board, the Corporation or any sub-committee thereof, filling of vacancies., notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;

(d) the qualifications and disqualifications for member- ship of the Board;

(e) the administration and management of the property of the Corporation ; and

(f) generally, for the management of the affairs of the Corporation and the accomplishment of its objects and the dissolution of the Corporation.

(2) Any rule of the Corporation may be amended, altered or rescinded in like manner as a rule may be made under subsection (1).

(3) The rules of the Foundation in force on the day immediately preceding the date of commencement of this Act shall be deemed to be rules made under this section, in so far as they are not inconsistent with the provisions of this Act or any other written law.

(4) The members of the Corporation shall be subject to the rules of the Corporation.

Fund of the Corporation.

7.

(1) The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gift, bequest, donation, subscription, contribution, fees or grants for and on account of the Corporation shall be deposited to the credit of the Corporation in one or more banks as the Board shall determine.

(2) The Corporation may create any depreciation fund, reserve or sinking fund for the rehabilitation, improvement and development, of the property of the Corporation.

(3) There shall be paid out of the fund, all such sums of money as may be required to defray any expenditure incur red by the Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act.

(4) The moneys and property of the Corporation, where so ever derived shall be applied solely towards the promotion of the objects as set forth herein, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, bonus or otherwise howsoever to the members of the Corporation.

Accounts and audit.

8.

(1) The Board shall cause proper accounts to be kept of all the moneys received and expended by the Corporation.

(2) The accounts of the Corporation shall be examined and audited at least once in every year and the correctness of Income and Expenditure Account and Balance Sheet certified by the auditors appointed by the Board.

Debts due by and payable to the Foundation.

9. All debts and liabilities of the Foundation existing on the day preceding the date of commencement of this Act, shall be paid and discharged by the Corporation here by contributed 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.

Corporation may hold property movable or immovable.

10. The Corporation shall be able and capable in law to acquire and hold either as beneficial owner or trustee or otherwise any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift or testamentary disposition or otherwise, and all such property shall be held by the Corporation for the purposes of this Act and the Corporation shall, subject to the rules in force for the time being of the Corporation, and the trust deed relating to any such property, have the full power to sell, mortgage, lease, exchange or otherwise dispose of, encumber or charge the same.

Seal of the Corporation.

11. The seal of the Corporation shall not be affixed to any instrument whatsoever except under the authority of the Executive President and Director-General and in the presence of the Treasurer and the Secretary of the Board or such other person duly authorized by 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.

Limitation of liability of members.

12. 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.

Property remaining on dissolution.

13. If upon the dissolution of the Corporation there remains after the satisfaction of all its debts and liabilities any property whatsoever, such property shall not be distributed among the members of the Corporation, but shall be given or transferred to some other Buddhist Institution or Buddhist Institutions having objects similar to the those of the Corporation, and which is, or are, by its rules prohibited from distributing any income or property among its members.

Saving of the rights of the Republic and others.

14. Nothing in this Act contained shall prejudice or affect the rights of the Republic or any body politic or corporate or of any other persons, except such as are mentioned in this Act, and those claimed by, from, or under, them.

Sinhala text to prevail in case of inconsistency.

15. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.



Schedules