ACT, No. 34 OF 2011

34of2011.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
ANURADHAPURA SRI PUSHPADANA
DEVELOPMENT FOUNDATION
(INCORPORATION) ACT, No. 34 OF 2011
[Certified on 22nd August, 2011]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of August 26, 2011
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 6.00 Postage : Rs. 10.00

Anuradhapura Sri Pushpadana Development 1
Foundation (Incorporation) Act, No. 34 of 2011
[Certified on 22nd August, 2011]
ANACT TO INCORPORATE THE ANURADHAPURA SRI PUSHPADANA
DEVELOPMENT FOUNDATION
WHEREAS a Foundation called and known as Preamble.
“Anuradhapura Sri Pushpadana Development Foundation”
has heretofore been formed in Anuradhapura 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 formed and has applied to be
incorporated and it will be expedient to grant such application:
BE it therefore enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Anuradhapura Short title.
Sri Pushpadana Development Foundation (Incorporation)
Act, No. 34 of 2011.
2. From and after the date of commencement of this Act Incorporation
such and so many persons as now are members of the of the
Anuradhapura
“Anuradhapura Sri Pushpadana Development Foundation”
Sri Pushpadana
(hereinafter referred to as the “Foundation”) or shall hereafter Development
be admitted members of the Corporation hereby constituted, Foundation.
shall be a body corporate (hereinafter referred to as the
“Corporation”) with perpetual succession, under the name
and style of “Anuradhapura Sri Pushpadana Development
Foundation” and by that name may sue and be sued, with
full power and authority to have, and use a common seal and
alter the same at its pleasure.
3. The general objects for which the Corporation is General objects
constituted are hereby declared to be— of the
Corporation.
(a) to safeguard the Buddhist cultural heritage within
the sacred area in Anuradhapura;
2—PL 005079 —3,190 (07/2010)
2 Anuradhapura Sri Pushpadana Development
Foundation (Incorporation) Act, No. 34 of 2011
(b) to make arrangements for free distribution of flowers
among the Buddhist devotees who arrive in to the
sacred area in Anurdhapura;
(c) to offer “dana” (mid day meal) and “gilanpasa”
(evening meal) to the visiting Bhikku (Monks),
Upasaka, Upasika, paupers and travelers on each
and every full moon day;
(d) to make arrangements for conducting Seela and
Meditation classes and Dhamma sermon for
Buddhist devotees in the sacred area in
Anuradhapura;
(e) to make arrangements for the protection of the
personal belongings of pilgrims on special festive
occasions and to provide them with other necessary
facilities;
(f) to publish Damma books and leaflets for the
promotion of the Buddhism and to establish a
Buddhist Library Service;
(g) to assist Buddhist monks and needy Buddhist
children in their studies and organize scholarships
for them; and
(h) to undertake activities in co-ordination with other
Buddhist institutions whose objectives are similar
to that of the Corporation.
Powers of the 4. Subject to the provisions of this Act, and any other
Corporation. written law, the Corporation shall have the power to do
perform and execute all such acts matters and things
whatsoever of the objects of the Corporation or one of them,
including the power—
(a) to purchase, acquire, rent, construct or otherwise
obtain land or building which may be required for
the purposes of the Corporation;
Anuradhapura Sri Pushpadana Development 3
Foundation (Incorporation) Act, No. 34 of 2011
(b) to receive grants, gifts or donation, in cash or kind
whether from local or foreign sources;
(c) to erect or cause to be erected, any building or
structure on any land belonging to, or held by the
Corporation;
(d) to make, draw, accept, discount, endorse, negotiate,
buy, sell and issue bills of exchange, cheques,
promissory note and other negotiable instruments
and to open, operate, maintain and close current,
saving and deposit account in any bank;
(e) to invest any funds not immediately required for
the purposes of the Corporation in such manner as
the Committee may think fit;
(f) to undertake, accept, execute, perform and
administer lawful trusts and conditions affecting
any movable or immovable property;
(g) 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; and
(h) to train personnel in the matters required to be
done for the implementation of the objects of the
Corporation.
5. (1) The affairs of the Corporation shall, subject to Management of
the affairs of the
the other provisions of this Act, be administered by a
Corporation.
Committee consisting of a Chief Chairman, seven Vice
Chairmen, a Chief Secretary, Vice Secretary, a Treasurer
and Auditor and Nineteen other Committee Members as
may be provided for in the rules made under section 8 and
elected in accordance therewith.
(2) The first Committee of the Corporation shall consist
of the members of the Committee of the Foundation holding
4 Anuradhapura Sri Pushpadana Development
Foundation (Incorporation) Act, No. 34 of 2011
office on the day immediately preceding the date of
commencement of this Act and who shall hold office until a
new committee is elected under the rules of the Corporation.
Register of 6. (1) The Board shall cause to be maintained a register
members. in which every person who on the date of commencement of
this Act, is a member of the Corporation, and every person
thereafter duly admitted as member of the Corporation shall
have inscribed in such register his name.
(2) The register shall contain the following particulars:—
(a) name, address and occupation of the each Member
of the Corporation;
(b) the date on which the name of the member was
inscribed in the register; and
(c) the date on which any person ceased to be member.
Cancellation of 7. Cancellation of membership may cause due to one of
membership. the following reasons:—
(a) at the death of the member;
(b) resignation;
(c) mental incapacity; and
(d) violation of any rules.
Rules of the 8. (1) It shall be lawful for the Corporation, from time
Corporation. 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, the admission,
withdrawal or expulsion of members;
Anuradhapura Sri Pushpadana Development 5
Foundation (Incorporation) Act, No. 34 of 2011
(b) the election of the office bearers, the resignation
from, or vacation of, or removal from, office of office
bearers, and their powers, conduct and duties;
(c) the election of the members of the Committee and
their powers, conduct and duties, and the terms of
office of members of the Corporation;
(d) the powers, conduct, duties and function of the
various officers, agents and servants of the
Corporation;
(e) the procedure to be observed and the summoning
and holding of meeting of the Committee, the times,
places, notices and agenda of such meetings, the
quorum thereof and the conduct of business thereat;
and
(f) generally, for the management of the affairs of the
Corporation and the accomplishment of its objects.
(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 subsection (1).
(3) The members of the Corporation shall be subject to
the rules of the Corporation.
9. (1) The Corporation shall have its own fund and all Fund of the
monies heretofore or hereafter received by way of gift, Corporation.
bequest, donation, subscription shall be deposited to the
credit of the Corporation in one or more banks as the
Committee shall determine.
(2) There shall be paid out of the fund, any expenditure
incurred by the Corporation in the exercise, performance
and discharge of its powers, duties and functions of this Act.
6 Anuradhapura Sri Pushpadana Development
Foundation (Incorporation) Act, No. 34 of 2011
Debts due by 10. All debts and liabilities of the Foundation existing
and payable to on the day immediately preceding the date of commencement
the Foundation.
of this Act, shall be paid by the Corporation hereby
constituted and all debts due to, subscriptions and
contribution payable to, the Foundation on that day shall
be paid to the Corporation for the purposes of this Act.
Accounts and 11. (1) The financial year of the Corporation shall be
Audit. the calendar year.
(2) The Corporation shall cause proper accounts, to be
kept of its income and expenditure, assets and liabilities
and all other transactions of the Corporation.
(3) The accounts of the Corporation shall be audited by
a qualified auditor.
(4) In this section, “qualified auditor” means—
(i) an individual, who being a member of the Institute
of Chartered Accountants of Sri Lanka or of any
other Institute established by law, possesses a
certificate to practice as an Accountant issued by
the Council of such Institute;
(ii) a firm of Accountants, each of the resident partners
of which being a member of the Institute of
Chartered Accountants of Sri Lanka or of any other
Institute established by law possesses a certificate
to practice as an Accountant issued by the Council
of such Institute.
Corporation 12. The Corporation shall be able and capable in law,
may hold to acquire and hold any property, movable or immovable
property
which may become vested in it by virtue of any purchase,
movable and
immovable. grant, gift, testamentary disposition or otherwise, and all
such property shall be held by the Corporation for the purpose
of this Act and subject to the rules of the Corporation made
under section 8, with full power to sell mortgage, lease,
exchange or otherwise dispose of the same.
Anuradhapura Sri Pushpadana Development 7
Foundation (Incorporation) Act, No. 34 of 2011
13. The seal of the Corporation shall not be affixed to Seal of the
Corporation.
any instrument whatsoever except in the presence of the
Chief Chairman and the Chief Secretary or the Treasurer
who shall sign their names to the instrument in token of the
their presence, and such signing shall be independent of the
signing of any person as a witness.
14. If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities, remaining on
dissolution.
any property whatsoever, such property shall not be
distributed among the members of the Corporation but shall
be given or transferred to some other Institution or
Institutions having object similar to those of the Corporation,
and which is or are by the rules there of prohibited from
distributing any income or property among its or their
members. Such Institution or Institutions shall be determined
by the Corporation immediately before, the dissolution of
the Corporation.
15. Nothing in this Act contained shall prejudice or Saving of the
affect the rights of the Republic, or of any body politic, or right of the
Republic and
corporate. other.
16. In the event of any inconsistency between the Sinhala text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of any
prevail. inconsistency.

8 Anuradhapura Sri Pushpadana Development
Foundation (Incorporation) Act, No. 34 of 2011
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