Sri Lanka Sumithrayo (Incorporation)

Sri Lanka Sumithrayo (Incorporation)

WHEREAS an Association called and known as Sri Lanka Sumithrayo has heretofore been established in Sri Lanka as Branch of Befrienders International and consisting of Volunteers working without remuneration for the purpose of effectually carrying out and transacting all objects and matters connected with the said Association according to the rules agreed to by its members :

AND whereas the said Association 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 enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

[22nd April
, 1986
Short title

1. This Act may be cited as the Sri Lanka Sumithrayo (Incorporation) Act, No. 10 of 1986.

Incorporation of Sri Lanka Sumithrayo.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the said Sri Lanka Sumithrayo (hereinafter referred to as the Association), or shall hereafter be admitted members of the Corporation hereby constituted, shall be and become a body corporate (hereinafter to as the Corporation) with perpetual succession under the style and name of Sri Lanka Sumithrayo, and by that name may sue and be sued in all courts, with full power and authority to have and use a common seal 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 :-

(a) to render assistance to persons in persons in despair or distress and thus reduce the incidents of suicide and other acts of desperation, by providing a service which will enable persons so affected to receive help (other than financial), compassion and befriending from members of the Corporation ;

(b) to provide solace, friendship, guidance, counsel and relief to persons in distress or despair ;

(c) to assist in the rehabilitation of those who find themselves in a degenerate and helpless condition, and seek the service of the Corporation to help themselves back to a normal and fruitful way of life ; and

(d) to establish branches of the Corporation in Sri Lanka to achieve the above objects.

Powers of the Corporation.

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

(a) to accept grants or donations, from persons or bodies of persons, in or outside Sri Lanka;

(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 ;

(c) to enter into and perform, all such contracts and agreements as may be necessary for the attainment of the objects of the Corporation ;

(d) to borrow for the purposes of the Corporation, with or without security ;

(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 ;

(f) to do all such acts and things as may be necessary for the attainment of the objects of the Corporation.

Management of the affairs of the Corporation.


(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Council of Management consisting of such number if persons as may be provided for in such rules, and elected, appointed, or co-opted in accordance with such rules.

(2) The first Council of Management of the Corporation shall be the Council of Management of the Association holding office at the time of the coming into operation of this Act.

Rules of the Corporation.


(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the Corporation 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, for all or any of the following matters :-

(a) the admission, withdrawal or expulsion of members ;

(b) the term of office of the Council of Management, the eligibility for, and the mode of election or appointment thereto, the resignation or vacation of, or removal form, office of the members thereof, and their powers, conduct and duties;

(c) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;

(d) the procedure to be observed at, and the summoning and holding of, meetings of the Corporation and the Council of Management, the times, places, notices and agenda of such meetings, the quorum thereof and the conduct of business thereat ;

(e) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts ; and

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

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

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

Debts due by and payable to the Association.

7. All debts and liabilities of the Association existing at the time of the coming into operation of this Act shall be paid and discharged by the Corporation hereby constituted, and all debts due to and the subscriptions and contributions payable to the Association shall be paid to the Corporation for the purposes of this Act.

How seal of the Corporation is to be affixed.

8. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Chairman of the Council of Management and a Director, who shall sign their names to the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

Corporation may hold property movable and immovable.

9. 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 of the of the Corporation , with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Property remaining on dissolution

10. If upon the dissolution of the Corporation there remains, after the satisfaction of all 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 charitable institution or institutions having objects similar to the objects of the Corporation, and which is or are by the rules thereof prohibited from distributing any income or property among its or their members. Such institution or institutions shall be determined by the members of the Corporation at or immediately before the time of the dissolution of the Corporation.

Saving of rights of the Republic and others

11. Nothing in this Act contained shall prejudice or affect the rights of the Republic or 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.