Short title.
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1. This Act may be cited as the Rev. Rathgama Siri Sumanawansa Nahimi Memorial Foundation (Incorporation) Act, No. 68 of 1992.
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Incorporation of Rev. Rathgama Siri Sumanawansa Nahimi Memorial Foundation.
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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 Rev. Rathgama Siri Sumanawansa Nahimi Memorial Foundation (hereinafter referred to as the “Foundation”), or shall hereafter be admitted as members of the Corporation hereby constituted, shall be a body corporate (herein after referred to as the ” Corporation”) with perpetual succession, under the name and style of the ” Rev. Rathgama Siri Sumanawansa Nahimi Memorial 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 to alter the same at its pleasure.
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General objects of the Corporation.
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3. The objectives for which the Corporation is constituted are hereby declared to be-
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(a) to establish and maintain educational institutes, hostels for male and female students and to advance and promote the education of needy children ;
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(b) to grant financial aid and award scholarships to needy students;
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(c) to provide necessary aid to victims of natural disasters;
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(d) to engage In social services;
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(e) to provide medical facilities, nutritious food, clothing and housing to the poor, the orphans, and the sick;
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(f) to provide welfare facilities to the deal, dumb and the blind ;
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(g) to establish and maintain elders’ home ;
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(h) to engage in cultural activities :
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(i) to promote the education of the clergy and the laity by conducting courses of study in Sinhala, Pali Sanskrit, Buddhism and Ayurvedic Medicine ;
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(j) to conduct sermons, Buddha pujas, Chethiya pujas, Bodhi pujas. Meditation classes, discussions, seminars, lectures and tours ;
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(k) to promote the education of Ayurvedic and Indigenous Medicine ;
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(l) to conduct the annual commemoration celebrations of chief incumbent Rev. Rathgama Siri Sumanawansa Thero, the founder member of the Foundation and all other religious functions as may be approved by the Corporation ;
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(m) to promote the mutual understanding and harmony among the people irrespective of race or religion ; protection, management and preservation of environment.
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(n) to promote and maintain projects necessary for the environment;
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(o) to provide courses of vocational training to the youths in Sri Lanka ;
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(p) to provide training in small industries to students and to assist them financially or otherwise to become useful citizens ;
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(q) to promote and uplift education by establishment and maintenance of schools and other educational institutions ;
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(r) to engage in any industry, trade or import and export enterprises with a view to giving technical knowledge to the people, to promote and carry out agricultural, industrial and commercial enterprises, to help and assist any person to engage in such enterprises and to conduct training programmes and to organize services and propaganda campaigns;
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(s) to give aid by scholarships or otherwise to volunteers and other persons engaged in the furtherence of the objects of the Corporation;
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(t) to establish and maintain libraries, to subscribe for-and issue books, journals, souvenirs and periodicals and to provide such other services as may be deemed desirable for attaining the objects of the Corporation ;
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(u) to promote, organise and hold exhibitions, lectures, seminars, symposia, workshops, classes, debates, conferences, tours, executions or any other activity in furtherence of the objects of the Corporation;
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(v) to co-operate and associate with other societies, associations or organizations having objects similar to that of the Corporation ; and
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(w) to do all such other acts and thing’s as are incidental or conducive to the attainment of the above objects or any one of them.
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Powers of the Corporation.
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4. Subject to the provisions of this Act and any other Written law, the Corporation shall have the power-
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(a) to accept grants or donations, from persons, or bodies of persons in or outside Sri Lanka ;
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(b) to open and maintain current, savings and deposit accounts in any bank and to invest its funds in such securities as it may think fit;
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(c) to enter into and perform, all such contracts and agreements as may be necessary for the attainment of the objects of the Corporation ;
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(d) to borrow money for the purposes of the Corporation, with or without security ;
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(e) to appoint such officers and servants as may be necessary for the purposes of the Corporation, and to dismiss and take disciplinary action against, any officer or servant so appointed; and
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(f) to do all such acts and things as may by necessary for the attainment of the objects of the Corporation.
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Corporation to be a non profit making organization.
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5.
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(1) The Corporation shall be a non-profit making organization and shall function as such and no share of profits or dividends shall be distributed among the members of the Corporation.
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(2) In the event of the Corporation being wound up, the assets remaining after settling the debts and liabilities of the Corporation shall be utilized solely for the benefit of a fund or organization established for charitable or other Educational purposes.
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Management of the affairs of the Corporation.
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6.
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(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by a Board of Management consisting of the office bearers and such other persons as may be provided for in such rules and elected in accordance therewith.
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(2) The first Board of Management of the Corporation shall be the Board of Management of the Foundation whose names appear in the Schedule hereto holding office on the day preceding the date of commencement of this Act.
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Fund of the Corporation.
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7.
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(1) The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gifts, bequests, donations, subscriptions, contributions, fees or grants for and en account of the Corporation shall be de posited to the credit of the Corporation in one or more banks as the Corporation may determine.
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(2) The Corporation may create any depreciation fund, reserve or sinking fund for the rehabilitation.; improvement and development; of the property of the Corporation.
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(3) There shall be paid out of the fund all sums of money to defray any expenditure incurred by the Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act.
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Rules of the Corporation.
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8.
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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 Saw, 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 office-bearers, the resignation from, or vacation of, or removel from, office of, office bearers and, their powers, conduct and duties ;
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(c) the election of the members of the Board of Management, and its powers, conduct and duties and the terms of office of members of the Board of Management ;
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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 Board of Management, 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 subsections (1).
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(3) The rules of the Foundation- in force on the day preceding the date of commencement of this Act, shall, in so far 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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Debts due. by and payable to the Foundation.
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9. All debts and liabilities of the Foundation 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 contribution:; payable to, the Foundation on that day shall be paid to the Corporation for the purposes of this Act.
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The Corporation may hold movable and immovable property.
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10. The Corporation shall be able and capable in law to acquire 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 properly shall be held by the Corporation for the purposes of this Act. and subject to the rule:; in force for the time being of the Corporation, and it shall have full power to sell, mortgage, lease, exchange or otherwise dispose of the same.
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Seal of the Corporation.
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11. The seal of the Corporation shall be in the custody of the Chairman of the Board of Management and it shall not be affixed to any instrument whatsoever, except with the approval of the Board of Management and in the presence of two members of the Board of Management who shall write and sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person its a witness.
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Savings of the rights of the Republic and others.
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12. Nothing in this Act contained, shall prejudice or affect the rights 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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13. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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Schedules
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