S.W.R.D. Bandaranaike National Memorial Foundation Law
A Law to provide for the establishment of a Foundation called the S. W. R. D. Bandaranaike National Memorial Foundation, to specify its objects and powers, and to provide for all matters connected therewith or incidental thereto.
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BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows:
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Short title.
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1. This Law may be cited as the S. W. R. D. Bandaranaike National Memorial Foundation Law, No. 2 of 1975.
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Establishment of the S. W. E. D. Bandaranaike National Memorial Foundation.
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2. There shall be established a Foundation, in order to perpetuate the memory of the late Mr. S. W. E. D. Bandaranaike, to be called ” The S. W. R. D. Bandaranaike National Memorial Foundation ” hereinafter in this Law referred to as the ” Foundation “.
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Members of the Board of Management of the Foundation.
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3.
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(1) The Foundation shall be administered by a Board of Management, hereinafter in this Law referred to as the ” Board ” consisting of the following members:
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(b) the Leader of the Opposition in the National State Assembly;
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(c) the Chief Justice of the Supreme Court;
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(e) Mrs. Sirimavo R. D. Bandaranaike during her lifetime, and thereafter, the eldest surviving descendant of the late Mr. S. W. R. D. Bandaranaike:
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Provided, however, that if Mrs. Sirimavo R. D. Bandaranaike is, for any period, an ex officio member of the Board, the eldest surviving descendant of the late Mr. S. W. R. D, Bandaranaike shall, during such period, serve as a member of the Board:
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Provided, further, that in the event of the eldest surviving descendant being unwilling or unable to serve, the next eldest surviving descendant shall serve as a member of the Board; and (f) two persons appointed by Mrs. Sirimavo R. D. Bandaranaike during her lifetime, and thereafter by the member of the Board referred to in paragraph (e), from among persons of recognized competence or eminence in foreign affairs, law, education or the arts:
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Provided that each such member shall hold office for a period of three years from the date of appointment and shall be eligible for reappointment.
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(2) The Chairman of the Board shall be the Prime Minister. In the absence of the Prime Minister from any meeting, the members present at such meeting shall elect from among themselves a Chairman for that meeting.
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(3) The quorum for a meeting of the Board shall be five,
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(4) Subject to the provisions of subsection (3), the Board may regulate the procedure in regard to the meetings of the Board and the transaction of business at such meetings.
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(5) The Board may act notwithstanding a vacancy among its members.
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The Foundation to be a Corporation.
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4. The Foundation shall, by the name assigned to it by section 2, be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.
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The Seal of the Foundation.
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5. The Seal of the Foundation-
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(a) shall be in the custody of such person as the Board may from time to time determine;
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(b) may be altered in such manner as may be determined by the Board; and
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(c) shall not be affixed to any document except with the sanction of the Board and in the presence of two members of the Board who shall sign the document in token of their presence.
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The objects of the Foundation.
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6. The aims and objects of the Foundation shall be-
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(a) to promote international peace, understanding and co-operation;
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(b) to promote the study and discussion of international problems in the economic, political, educational, cultural and social fields and the dissemination of knowledge on International affairs; and
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(c) to maintain and utilize the Bandaranaike Memorial International Conference Hall in order to secure the objectives set out above and for any other purpose which the Board may consider fit, so however that the Hall shall not be used for partisan political purposes.
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Powers and functions of the Foundation.
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7.
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(1) The Foundation shall have the power to do all things necessary for or conducive or incidental to the carrying out of the objects of the Foundation.
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(2) Without prejudice to the generality of the powers conferred by subsection (1), the Foundation shall have the following powers and functions: –
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(a) to receive grants, gifts or donations in cash or kind, whether from local or foreign sources;
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(b) to take or hold any property movable or immovable which may become vested in it by this Law or by virtue of any purchase, grant, gift, testamentary disposition or otherwise, and to sell, mortgage, lease, grant, convey, devise, assign, exchange or otherwise dispose of any movable or immovable property other than the Hall;
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(c) to give grants, endowments or scholarships for educational and cultural purposes;
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(d) to enter into or perform either directly or through officers and servants or agents authorized in writing in that behalf of the Foundation, all such contracts and agreements as may be necessary for the exercise, discharge and performance of the powers and functions and carrying out the objects of the Foundation;
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(e) subject to the provisions of this Law, to appoint, employ and remunerate officers and servants of the Foundation; and to make rules regarding the appointment, promotion, remuneration and disciplinary control of its employees, and the grant of leave and other benefits to them;
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(f) to make rules in relation to the management and maintenance of the Hall and the levy of charges for the use of the Hall or any part thereof, or for the public viewing of the Hall or any part thereof;
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(g) to invest funds belonging to the Foundation at the discretion of the Board in any such investments as are authorized by law for the investment of trust money, and to recall, reinvest, and vary such investments, at the discretion of the Board, and to collect the income accruing from such investments; and
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(h) to make rules in relation to all matters connected with the working of the Foundation.
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Vesting of the Hall.
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8. The Hall and the premises appurtenant thereto shall be and are hereby vested irrevocably in the Foundation.
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Fund of the Foundation.
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9.
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(1) There shall be established a Fund called ” The S. W. R. D. Bandaranaike Memorial Foundation Fund “, hereinafter in this Law referred to as the ” Fund “.
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(2) The Board shall have the power to manage. control and operate the Fund.
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Annual grant by the Government to the Foundation.
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10. The Government may donate to the Foundation annually an adequate grant for the purpose of carrying out the aims and objects of the Foundation.
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Payments into the Fund.
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11. There shall be paid into the Fund-
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(a) any gifts or donations of money;
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(b) any grant received from the Government under section 10;
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(c) any income derived from the levy of charges for the urn of the Hall or any part thereof;
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(d) any income derived from the levy of charges for the public viewing of the Hall or any part thereof; and
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(e) any income from investments or other receipts due to the Foundation.
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Payments out of the Fund.
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12. There shall be paid out of the Fund all expenses necessary for-
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(a) the working, establishment and maintenance of the Foundation;
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(b) the cost of maintenance, additions, alterations or improvements to the Hall;
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(c) the payment of salaries to officers, servants and other employees; and
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(d) all such other payments as are approved by the Board as being necessary for the purpose of carrying out the objects of the Foundation.
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Accounts and audit.
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13.
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(1) The Board shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Foundation.
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(2) The Board shall cause its books to be balanced as on the 31st day of December in each year and shall, before the 31st day of March next, cause to be prepared an income and expenditure account and a balance sheet containing a summary of the assets and liabilities of the Foundation made up to the first-mentioned date.
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(3) The income and expenditure account and the balance sheet shall be signed by the Chairman of the Board and by such other officers of the Foundation as may be authorized by the Board to do so.
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(4) The accounts of the Foundation shall be audited by a qualified auditor.
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(5) The Board shall annually prepare a report of the work of the Foundation and a report of the finances during the year completed and shall publish such report of the finances together with the report of the qualified auditor, in the Gazette for general information before the lapse of the year succeeding the year to which such report of the finances relate.
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Exemption of Foundation from certain duties and taxes.
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14.
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(1) The Foundation shall be exempt from the payment of any customs duty on any goods imported by the Foundation.
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(2) The Foundation shall be exempt from any income tax or wealth tax payable under the Inland Revenue Act, No. 4 of 1963.
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(3) The Foundation shall be exempt from the payment of any rates under the Municipal Councils Ordinance,
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(4) Where any person makes a gift to the Foundation he shall be exempt from the payment of gifts tax under the Inland Revenue Act, No. 4 of 1963, to the extent of the total value of the gift.
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(5) Where any person makes a donation to the Foundation such donation shall be deemed to be an approved donation for the purposes of the Inland Revenue Act, No. 4 of 1968, and the donor shall be entitled to relief under that Act in respect of the total value of such donation.
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(6) The provisions of this section shall have effect notwithstanding anything to the contrary in the Inland Revenue Act, No. 4 of 1963, and the Municipal Councils Ordinance.
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Appointment of state officers and members of the Local Government Service to the Foundation.
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15.
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(1) At the request of the Board, any officer in the state service may, with the consent of that officer and the Secretary to the Ministry 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 Board with like consent, or be permanently appointed to such staff.
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(2) Where any officer in the state service is temporarily appointed to the staff of the Foundation, subsection (2) of section 9 (other than the provisions of paragraph (a) of that subsection) of the Motor Transport Act, No. 48 of 1957, shall mutatis mutandis apply to and in relation to him.
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(3) Where any officer in the state service is permanently appointed to the staff of the Foundation, subsection (3) of section 9 of the Motor Transport Act, No. 48 of 1957, shall mutatis mutandis apply to and in relation to him,
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(4) Where the Foundation employs any person who has entered into a contract with the Government to serve the Government for a specified period, any period of service to the Foundation by that person shall be regarded as service to the Government for the purpose of discharging the obligations of such contract.
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(5) At the request of the Board, any member of the Local Government Service or any other officer or servant of any local authority may, with the consent of such member, officer or servant and the Secretary to the Ministry In charge of the subject of Local Government or that .authority, as the case may be, be temporarily appointed to the staff of the Foundation for such period as may be determined by the Board with like consent, or be permanently appointed to such staff on such terms and conditions, including those relating to pension or provident fund rights, as may be agreed upon by the Board and such Secretary or that authority.
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(6) Where any person is temporarily appointed to the staff of the Foundation under this section, he shall be subject to the same disciplinary control as any other member of such staff.
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Protection of members of the Board and officers, &c. of the Foundation for action taken under this Law.
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16.
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(1) No suit or prosecution shall be instituted against any member of the Board or against any officer, servant or agent of the Foundation appointed for the purposes of this Law for any act which is in good faith done or purported to be done by such person under this “Law or on the direction of the Board.
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(2) Any expense incurred by the Foundation in any suit or prosecution brought by or against the Foundation before any court shall be paid out of the funds of the Foundation, and any costs paid to, or recovered by, the Foundation in any such suit or prosecution shall be credited to the funds of the Foundation.
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(3) Any expense incurred by any such person as is referred to in subsection (1) in any suit or prosecution brought against him before any court in respect of any act which is done or is purported to be done by him under this Law or on the direction of the Board shall, if the court holds that such act was done in good faith, be paid out of the funds of the Foundation unless such expense is recovered by him in such suit or prosecution.
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No writ to issue against person or property of a member of the Foundation.
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17. No writ against person or property shall be issued against any member of the Board or any officer or servant of the Foundation in any action brought against the Foundation.
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Officers and servants of the Foundation deemed to be state officers under the Penal Code.
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18. All officers and servants of the Foundation shall be deemed to be state officers within the meaning and for the purposes of the Penal Code.
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Interpretation.
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19. In this Law, unless the context otherwise requires,-
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“local authority ” means any Municipal Council, Urban Council, Town Council or Village Council;
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” qualified auditor ” means-
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(a) an individual who, being a member of the Institute of Chartered Accountants of Ceylon, possesses a certificate to practise as an Accountant issued by the Council of that Institute; or
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(b) a firm of Chartered Accountants each of the partners of which, being a member of that Institute, possesses a certificate to practise as an Accountant issued by the Council of that Institute.
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