ACT, No. 23 OF 2014

23of2014.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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NIMAL SIRIPALA DE SILVA FOUNDATION
(INCORPORATION) ACT, No. 23 OF 2014
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[Certified on 23rd July, 2014]
Printed on the Order of Government
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Published as a Supplement to Part II of theGazette of the Democratic
Socialist Republic of Sri Lanka of July 25, 2014.
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Nimal Siripala de Silva Foundation 1
(Incorporation) Act, No. 23 of 2014
[Certified on 23rd July, 2014]
L.D.—O.(Inc.) 23/2012.
ANACT TO INCORPORATE THE NIMAL SIRIPALA DE SILVA FOUNDATION
WHEREAS a Foundation called and known as the "Nimal Preamble.
Siripala de Silva Foundation" has heretofore been formed
for the purpose of effectually carrying out and transacting
the 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 established, and has applied to
be incorporated and it will be for the public advantage 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 Nimal Siripala de Silva Short title.
Foundation (Incorporation) Act, No. 23 of 2014.
2. (1) From and after the date of commencement of this Incorporation of
Act, such and so many persons as now are members of the the Nimal
Nimal Siripala de Silva Foundation (hereinafter referred to Siripala de Silva
Foundation.
as the “Foundation”) and shall hereafter be admitted as
members of the Corporation hereby constituted, shall be a
body corporate with perpetual succession, under the name
and style of the Nimal Siripala de Silva Foundation
(hereinafter referred to as the "Corporation") and by that
name may sue and be sued, with full power and authority to
have and use a common seal and to alter the same at its
pleasure.
(2) The Corporation shall be deemed to be a voluntary
social service organization within the meaning, and for the
purpose of the Voluntary Social Services Organizations
(Registration and Supervision) Act, No. 31 of 1980 and the
provisions of that Act shall apply to and in relation to the
management of the affairs of the Corporation.
2—PL 005736— 2,000 (07/2014)
2 Nimal Siripala de Silva Foundation
(Incorporation) Act, No. 23 of 2014
General objects 3. (1) The general objects for which the Corporation is
of the
constituted are hereby declared to be:—
Corporation.
(a) to establish and maintain water supply schemes in
areas where there is a scarcity of water, subject to
the provisions of section 21 of the National water
supply and Drainage Board Law No. 2 of 1974 ;
(b) to organize awareness programmes on methods to
minimize to impact of natural disasters ;
(c) to provide land and houses to families who do not
own land and houses, in accordance with the
applicable laws ;
(d) to assist the relevant authorities to—
(i) provide scholarships to needy students
and youth ;
(ii) establish and maintain permanent and
mobile libraries ;
(iii) promote artistic creations, sports skills and
technical skills of students and the
youth ;
(iv) conduct classes, lectures, seminars,
conferences, workshops, discussions,
dialogues, educational tours and
exhibitions for the students with a view to
improving their general literacy ;
(v) promote skills of the youth by granting
opportunities for training in sports,
leadership, computer, media and
languages including Sinhala, Tamil and
English ;
Nimal Siripala de Silva Foundation 3
(Incorporation) Act, No. 23 of 2014
(vi) construct buildings and provide other
necessary assistance to schools in need of
such assistance ;
(vii) provide food and other necessary
assistance to the poor, destitute and sick
persons ; and
(viii) establish and maintain welfare centres with
suitable facilities for the blind, deaf, dumb,
aged and displaced persons.
(2) In the implementation of the objects specified in
subsection (1) the Corporation shall ensure that such
implementation shall be carried out without any distinction
based on race, religion, caste, sex political opinion, place of
birth or any one of such grounds.
4. The objects of the Corporation shall be carried out in Corporation to
such manner so as not to create any conflict berween the ensure no
conflict with
work of the Corporation and any work being carried out by work of the
the Government or any Provincial Council or Statutory Government or
Body. any Provincial
Council.
5. (1) Subject to the provisions of this Act the Management
management and administration of the affairs of the of the affairs
of the
Corporation shall be carried out by a Board of Management Corporation.
(hereinafter referred to as the “Board”) consisting of such
number of office bearers as may be specified by the rules
made under section 7.
(2) (a) The Board of Management of the Foundation
holding office on the day immediately preceding the date of
commencement of this Act, shall function as the Board of
the Corporation until the first Board is appointed or elected
in the manner provided for by rules made under section 7.
(b) The first Board of the Corporation shall be appointed
or elected within one year of the date of commencement of
this Act.
4 Nimal Siripala de Silva Foundation
(Incorporation) Act, No. 23 of 2014
(3) (a) Every office bearer of the Board including the
patrons and advisers, shall be appointed or elected for a
period of three years and any such office bearer, patron or
advisor shall be eligible for re-appointment ro re-election
after lapse of the said period of three years.
(b) In the event of a vacancy occurring due to the death,
resignation, incapacity or removal from office of an office
bearer, the Board shall having regard to the rules of the
Corporation, elect or appoint a person to fill such vacancy.
(c) The person elected or appointed under paragraph (b)
shall hold office only for the unexpired portion of the term
of office of the member whom he succeeds.
Powers of the 6. 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 and matters as are necessary
or desirable for the promotion or furtherance of the objects
of the Corporation or any one of them, including the
power:—
(a) to purchase, acquire, rent, construct, renovate and
otherwise obtain lands or buildings which may be
required for the purposes of the Corporation and to
deal with or dispose of the same as may be deemed
expendient with a view to promoting the objects of
the Corporation ;
(b) to borrow or raise funds with or without securities
and to receive grants, gifts or donations in cash or
kind :
Provided that, the Board shall obtain the prior
written approval of the Department of External
Resources of the Ministry of the Minister assigned
the subject of Finance, in respect of all foreign
grants, gifts or donations made to the Corporation;
Nimal Siripala de Silva Foundation 5
(Incorporation) Act, No. 23 of 2014
(c) to make, draw, accept, discount, endorse, negotiate,
buy, sell and issue bills of exchange, cheques,
promissory notes and other negotiable instruments
and to open, operate, maintain and close accouts in
any bank ;
(d) to invest any funds that are not immediately required
for the purposes of the Corporation, in such manner
as the Board may determine ;
(e) to undertake, accept, execute, perform and
administer any lawful trust or any real or personal
property with a view to promoting the objects of
the Corporation ;
(f) to appoint, employ, dismiss or terminate the services
of officers and servants of the Corporation and
exercise disciplinary control over them and to pay
them such salaries, allowances and gratuities as amy
be determined by the Corporation ;
(g) to organize lectures, seminars and conferences with
a veiw to promoting the objectives of the
Corporation ;
(h) to liaise and co-ordinate with other local and foreign
institutions having similar objects to that of the
Corporation ;
(i) to train personnel in Sri Lanka or abroad for the
purposes of the Corporation ; and
(j) to do all other things as are necessary or expendient
for the proper and effective carrying out of the
objects of the Corporation.
7. (1) It shall be lawful for the Corporation, from time to Rules of the
time, at any General Meeting of the Corporation and by a Corporation.
majority of not less than two-thirds of the members present
6 Nimal Siripala de Silva Foundation
(Incorporation) Act, No. 23 of 2014
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, admission,
withdrawal, expulsion or resignation of members
and fees payable by the members ;
(b) the election of office bearers of the Board or
vacation of or removal from office of office bearers
and the powers, duties and functions of the office
bearers ;
(c) the terms and conditions of appointment, powers,
functions and duties of the various officers, agents
and servants of the Corporation ;
(d) the procedure to be followed for the summoning
and holding of meetings of the Board or any sub-
committee thereof, notices and agenda of such
meetings, the quorum and the conduct of business
thereat ;
(e) the qualifications and disqualifications to be a
member of the Board and the Corporation ;
(f) the administration and management of the property
of the Corporation ; and
(g) generally the management of the affairs of the
Corporation and the accomplishment of its’ objects
and dissolution of the Corporation.
(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 at all times be
subject to the rules of the Corporation.
Nimal Siripala de Silva Foundation 7
(Incorporation) Act, No. 23 of 2014
(4) The rules made under this section shall be published
in the Gazette.
8. The Board shall maintain a register of members in Register of
which name, address and other essential details of the members.
members shall be inscribed.
9. (1) The Corporation shall have its own fund. Fund of the
Corporation.
(2) All moneys received by way of gifts, bequest,
donation, subscription, contribution, fees or grant for and
on account of the Corporation shall be deposited in one or
more banks approved by the Board to the credit of the
Corporation.
(3) There shall be paid out of the fund, all sums of money
as are required to defray any expenditure incurred by the
Corporation in the exercise, performance and discharge of
its powers, duties and functions under the Act.
10. (1) The financial year of the Corporation shall be Audit and
the calendar year. Accounts.
(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
annually by the Auditor General or a qualified auditor
appointed by Auditor General.
(4) For the purposes of this section, “qualified auditor”
means —
(a) 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; or
8 Nimal Siripala de Silva Foundation
(Incorporation) Act, No. 23 of 2014
(b) 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.
Annual Report. 11. (1) The Board shall prepare a report of the activities
of the Corporation for each financial year and submit such
report together with the audited statement of accounts to the
Secretary of the Ministry of the Minister assigned the subject
of Social Service and to the Registrar of Voluntary Social
Services Organizations appointed under the Voluntary Social
Services Organization (Registration and Supervision) Act,
No. 31 of 1980 before the expiration of six months of the
year succeeding the year to which such report relates.
(2) A separate account relating to the foreign and local
moneys received by the Corporation during the financial
year shall be attached to the report referred to in
subsection (1).
Debts due by 12. All debts and liabilities of the Foundation existing
and payable to on the day preceding the date of commencement of this Act,
the foundation.
shall be paid by the Corporation hereby constituted and all
debts due to, subscriptions and contributions payable to the
Foundation on that day shall be paid to the Corporation for
the purposes of this Act.
Corporation 13. Subject to the provisions of this Act, the Corporation
may hold shall be able and capable in law to take and hold any property,
property
movable or immovable, which may become vested in it by
movable and
immovable. 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 Corporation made under section 7, with power to
sell, mortgage, lease, exchange or otherwise dispose of the
same.
Nimal Siripala de Silva Foundation 9
(Incorporation) Act, No. 23 of 2014
14. The moneys and property of the Corporation Application of
however derived shall be applied solely towards the moneys and
property.
promotion of the objects of the Corporation and no portion
thereof shall be paid or transferred directly or indirectly by
way of dividend, bonus or profit or otherwise howsoever to
the members of the Corporation.
15. (1) The Seal of the Corporation shall not be affixed Seal of the
to any instrument whatsoever except in the presence of two corporation.
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.
(2) The seal of the Corporation shall be in the custody of
an office bearer of the Board as may be decided by such
Board.
16. (1) If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities remaining or
dissolution.
any property whatsoever, such property shall not be
distributed among the members of the Corporation, but shall
be given or transferred to any other institution having objects
similar to those of the Corporation, and which, is by the rules
thereof, prohibited from distributing any income or property
among its or members.
(2) For the purposes of subsection (1) the appropriate
institution shall be determined by the members of the
Corporation immediately before the dissolution at a general
meeting by the majority of votes of the members present.
17. Nothing in this Act contained shall prejudice or Saving of the
affect the rights of the Republic or of anybody politic, or rights of the
Republic and
corporate.
others.
18. In the event of any inconsistency between the Sinhalal text to
Sinhala and Tamil texts of this Act, the Sinhala text shall prevail in case
of inconsistency
prevail.

10 Nimal Siripala de Silva Foundation
(Incorporation) Act, No. 23 of 2014
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