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Short title.
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1. This Act may be cited as the Suwa Sahana Sewa Foundation (Incorporation)Act, No. 54 of 1992.
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Incorporation of the Suwa Sahana Sewa 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 Suwa Sahana Sewa Foundation (hereinafter referred to as the “Foundation”) or shall hereafter be admitted as members of the Corporation hereby constituted shall be a body corporate (hereinafter referred to as the -“Corporation”) with perpetual succession under the name and style of the “Suwa Sahana Sewa 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.
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General objects of the Corporation.
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3. The general objects for which the Corporation is constituted are hereby declare to be-
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(a) to promote and engage in activities which would wean school children away from the use of tobacco, tobacco products ,alcohol and narcotics;
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(b) to promote activities which would wean people away from the habit of chewing betel and to take such measures as are necessary to create an awareness of the ill effects of the chewing of betel;
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(c) to give financial assistance for the prevention and cure of diseases and illnesses arising from the use of to tobacco, tobacco products, alcohol and narcotics;
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(d) to give financial aid and assistance to institutions engaged in rehabilitating persons affected by the use of tobacco, tobacco products, alcohol and narcotics;
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(e) to organise seminars, discussions, rallies and processions, poster campaigns, essay competitions, on the effects of the use of tobacco, tobacco products alcohol and narcotics ;
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(f) to award grants and provide bursaries, scholarships, prizes, donations, and to give aid and assistance, to institutions, laboratories and study groups which conduct research into the adverse effects of the use of tobacco, tobacco products, alcohol and narcotics ;
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(g) to maintain and establish research institutions which conduct research into the adverse effects the use of tobacco, tobacco products, alcohol and narcotics ;
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(h) to create an awareness in the public, of the effects of the use of tobacco, tobacco products, alcohol and narcotics ;and
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(i) to promote the prevention of the pollution of the atmosphere caused by the smoking of tobacco and tobacco products.
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General powers of the Corporation.
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4. Subject to the previsions of this Act and any other written law’, the Corporation shall have the power to do, perform and execute all such acts, matters and things whatsoever as are necessary or desirable for the promotion and furtherance of the objects of the Corporation, or any one of them, including the power to open, operate, and close bank accounts, to borrow or raise moneys, with or without security ; to receive or collect grants and donations from persons in outside Sri Lanka, to invest its funds, and to engage, employ and dismiss such officers and servants and to appoint such committees, as are required for the carrying out the objects of the Corporation.
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Management of the affairs of the Corporation .
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5.
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(1) Subject to the provisions of subsection (3), the general administration and management of the affairs of the Corporation, shall subject to the rules of the Corporation, be vested in a Board of Management (hereinafter referred to in this Act as the ‘”Board”) consisting of office-bearers and such other persons as may be elected in accordance with such rules.
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(2) Mr. Upali Samararatne, the founder of the Foundation, shall be the President for life, of the Corporation unless he resigns from the said office.
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(3) The Board of Management of the Foundation holding office on the day preceding the date of commencement of this Act, shall be the first Board of the Corporation.
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Rules of the Corporation.
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6.
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(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the members and by the votes of not less than two-thirds of the members present and entitled to vote, to make rules not inconsistent with the provisions of this Act or any other written law, for the admission, withdrawal, retirement or expulsion of members, the election of office-bearers and for the management of the affairs of the Corporation and the accomplishment of its objects. Such rules when made may, at a like meeting and in like manner, be altered, added to, amended or rescinded.
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(2) The members of the Corporation shall be subject to the rules of the Corporation.
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(3) The rules of the Foundation in force on the day preceding the date of commencement of this Act shall, into far as they are not inconsistent with this Act or any other written law, be deemed to be the rules of the Corporation made under this section.
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Power to acquire property and raise money
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7.
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(1) The Corporation shall be able and capable in law to acquire, by purchase, gift, devise, bequest, exchange or in any other manner and to hold, any movable or immovable property and to dispose of any such property acquired or held by the Corporation.
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(2) The Corporation shall have the power to borrow or raise money either in Sri Lanka or abroad necessary for the furtherance of its objects and to create, execute, grant or issue any mortgage, bond or obligation to secure the payment of such money.
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(3) All property, movable and immovable acquired or held by the Corporation and all moneys paid to or received by the Corporation shall be held, used and applied for the furtherance of its objects and subject to the rules of the Corporation, the Corporation shall have the power to buy, sell, grant, convey, assign, exchange or otherwise dispose of, or mortgage, any such property and invest its funds in such manner as may be necessary or expedient for the furtherance of its objects.
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Accounts of the Board.
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8.
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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 Corporation.
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(2) The accounts of the Corporation shall be audited by a qualified auditor appointed by the Board.
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(3) The financial year of the Corporation shall be the calendar year.
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Debts due by and payable to the Foundation.
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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 hereby constituted) and all moneys due to, and the subscriptions and contributions payable to, the Foundation on that day shall be paid to the Corporation for the purposes of this Act.
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How the seal of the Corporation is to be affixed.
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10. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of two members of the Board, 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.
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Property remaining in dissolution.
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11. 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 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 of 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.
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Saving 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 any body politic or corporate, or 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 case of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.
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