ACT, No. 36 OF 2011

36of2011.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
LESTER JAMES PERIES AND SUMITRA
PERIES FOUNDATION (INCORPORATION)
ACT, No. 36 OF 2011
[Certified on 23rd 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 THE DEPARTMENTOFGOVERNMENT PRINTING, SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 5.25 Postage : Rs. 10.00

Lester James Peries and Sumitra Peries Foundation 1
(Incorporation) Act, No. 36 of 2011
[Certified on 23rd August, 2011]
L.D.—O. Inc. 6/2011.
ANACT TO INCORPORATE THE LESTER JAMES PERIES AND SUMITRA
PERIES FOUNDATION.
WHEREAS a Foundation called and known as Preamble.
the “Lester James Peries and Sumitra Peries Foundation”
has heretofore been formed in Sri Lanka for the purpose of
effectually carrying out its objects and transacting all 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 for the public advantage to grant
the said application :
BE it therefor enacted by the Parliament of the Democratic
Socialist Republic of Sri Lanka as follows:—
1. This Act may be cited as the Lester James Peries and Short title
Sumitra Peries Foundation (Incorporation) Act, No. 36 of
2011.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of the “Lester Lester James
Peries and
James Peries and Sumitra Peries Foundation” (hereinafter Sumitra Peries
referred to as the “Foundation”) and shall hereafter be Foundation.
admitted as members of the Corporation hereby constituted,
shall be a body corporate with perpetual succession, under
the name and style of the “Lester James Peries and Sumitra
Peries 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—PL 005429—3,090 (01/2011)
2 Lester James Peries and Sumitra Peries Foundation
(Incorporation) Act, No. 36 of 2011
General Objects 3. (1) The general objects for which the Corporation is
of the
constituted are hereby declared to be:—
Corporation.
(a) to provide assistance for developing, promoting
and sustaining the Sri Lankan cinema and the
personalities associated with it ;
(b) to promote and foster cinema and related arts and
crafts for children and young adults ;
(c) to promote, improve, develop, provide financial
assistance, and maintain academic, scientific,
cultural, literary, artistic and physical abilities and
aptitudes ;
(d) to promote, propagate and foster humanitarian
ideals, democratic and pluralistic values, good
citizenship, patriotic concepts and beliefs ;
(e) to improve, develop, create, foster and maintain
talents and abilities in entrepreneurship, research
and training in business, technology and
management and concept of income-generation and
self employment ventures and enterprises ;
(f) to establish, improve, encourage, develop and
maintain research and research facilities in scientific,
cultural, educational, economic and all other
aspects of human development ;
(g) to advise and assist the Government, Non-
Governmental organizations and individuals on
matters required to be done in furtherance of the
objects of the Corporation ;
(h) to preserve and promote all cinematographic and
other creations of Lester James Peries and Sumitra
Peries including scripts, manuscripts, books, letters,
articles, poems, photographs, maintained in print,
electronic or any other media ;
Lester James Peries and Sumitra Peries Foundation 3
(Incorporation) Act, No. 36 of 2011
(i) to preserve all cinematic equipment and personal
memorabilia owned and used by Lester James Peries
and Sumitra Peries ;
(j) to maintain an archives to promote and preserve all
cinematographic or other creations of any Sri
Lankan filmmaker ;
(k) to grant prizes, rewards, awards or scholarships to
promote and encourage creative talents in general
or in particular fields ;
(l) to organize, conduct and participate in seminars,
meetings, workshops, discussions, talks, classes,
films, film shows, demonstrations, sports and
recreational activities, and to write, print and
publish books, periodicals, magazins, articles and
newspapers, in furtherance of the objects herein
specified and specifically in all areas of educational
activity;
(m) to establish and maintain libraries, workshops and
reading rooms and to equip the same having regard
to the basic objects of the Corporation ;
(n) to publish articles, periodicals or such other
literature and information as may prove necessary
or useful for the purpose of the Corporation ; and
(o) to undertake and execute any trusts the undertaking
whereof seems desirable, either gratuitously or
otherwise.
(2) In the implementation of the objects specified in
subsection (1) the Board shall ensure that such
implementation shall be carried out without any distinction
based on race, religion, language, caste, sex, political opinion
or place of birth.
4 Lester James Peries and Sumitra Peries Foundation
(Incorporation) Act, No. 36 of 2011
Management of 4. (1) The affairs of the Corporation shall, subject to
the affairs of the the other provisions of this Act and rules of the Corporation
Corporation.
made under section 6, be administered by a Board of Directors
(in this Act referred to as the “Board”) consisting of a
Chairman and Secretary and such other members elected or
appointed in accordance with such rules.
(2) The first Board shall consist of the members of the
Board of Administration of the Foundation holding office
on the day immediately preceding the date of commencement
of this Act.
General Powers 5. Subject to the provisions of this Act and any other
of the written law, the Corporation shall have the power to do, perform
Corporation.
and execute all such acts, matters and things whatsoever, as
are necessary or desirable for the promotion or furtherance of
the objects of the Corporation or any one of them including
the power to :—
(a) acquire, hold, take or give on lease or hire,
mortgage, pledge, sell, exchange or otherwise
alienate, encumber or dispose of any immovable
property for the purposes of the Corporation ;
(b) enter into and perform or carry out, whether directly
or through any officer or agent authorized in that
behalf by the Corporation, all such contracts or
agreements as may be necessary for the attainment
of the objects or the exercise of the powers of the
Corporation ;
(c) accept grants, gifts, donations and bequests in cash
or in kind:
Provided that, notwithstanding anything to the
contrary in any other provisions of this Act, the
Board shall obtain the prior written approval of the
Department of External Resources of the Ministry
Lester James Peries and Sumitra Peries Foundation 5
(Incorporation) Act, No. 36 of 2011
of the Minister in charge of the subject of finance,
in respect of all foreign grants, gifts or donations.The
accounts of the Corporation in respect of such
grants, gifts, or donations shall be audited by the
Auditor General ;
(d) invest its funds and to open, maintain and close
current, deposit and savings accounts in any bank ;
(e) borrow or invest money for the purposes of the
Corporation in such manner and upon such security
as the Corporation may think fit ; and
(f) appoint, employ, transfer, exercise disciplinary
control over and dismiss officers and servants
required for the carrying out of the objects of the
Corporation.
6. (1) It shall be lawful for the Corporation from time Rules of the
to time, at any general meeting of the Corporation and by a Corporation.
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 on all or any
of the following matters:—
(a) the classification of membership and the admission,
withdrawal or expulsion of members ;
(b) the election of office-bearers, the resignation from
or vacation of, or removal from office of, office
bearers and their powers, duties and functions ;
(c) the powers, duties and functions of the various
officers, agents and servants of the Corporation ;
(d) the procedure to be observed or the summoning
and holding of meetings of the Corporation and
the Board, the time, places, notices and agenda of
such meetings and the quorum therefore and the
conduct of business thereat ;
6 Lester James Peries and Sumitra Peries Foundation
(Incorporation) Act, No. 36 of 2011
(e) the administration and management of the property
of the Corporation and the custody of its funds ;
(f) establishing committees for the proper execution
of the objects of the Corporation ; and
(g) qualifications and disqualifications of members of
the Corporation and the Board.
(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.
Fund of the 7. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter received by way of gifts,
testmentary dispositions, transfers, donations, subscriptions,
contributions, fees, grants or any financial investment shall
be deposited to the credit of the fund of the Corporation in
one or more Banks as may be determine by the Board .
(2) All expenses incurred by the Corporation in exercising
and discharging its powers and functions shall be paid out
of the fund.
Audit and 8. (1) The financial year of the Corporation shall be
Accounts.
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
qualiafied auditor appointed by the Board.
Lester James Peries and Sumitra Peries Foundation 7
(Incorporation) Act, No. 36 of 2011
(4) In 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 such Institute ; or
(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 such Institute.
9. The seal of the Corporation shall be in the custody of Seal of the
the Secretary and shall not be affixed to any instrument Corporation.
whatsoever except in the presence of Chairman and such
other member duly authorized by the Board who shall sign
their names on the instrument in token of their presence and
such signing shall be independent of the signing of any
person as a witness.
10. All debts and liabilities of the Foundation existing Debts due by
on the day preceding the date of commencement of this Act and payable to
shall be paid by the Corporation hereby constituted and all the Foundation.
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.
11. No member of the Corporation shall, for the purpose Limitation of
of discharging the debts and liabilities of the Corporation or liabilities of
for any other purpose, be liable to make any contribution members.
exceeding the amount of such membership fees as may be
due from him to the Corporation.
12. The moneys and property of the Corporation Application of
however derived shall be applied solely towards the moneys and
promotion of its objects as set forth herein and no portion property.
therof shall be paid or transferred directly or indirectly by
way of dividend, bonus, profit or otherwise howsoever to
the members of the Corporation.
8 Lester James Peries and Sumitra Peries Foundation
(Incorporation) Act, No. 36 of 2011
Corporation 13. Subject to the provisions of this Act, the
may hold
Corporation shall be able and capable in law to acquire and
property
movable and hold any property, movable or immovable, which may
immovable. 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 the
Corporation and subject to the rules of the Corporation made
under section 6, with full power to sell, mortgage, lease,
exchange or otherwise dispose of, the same.
Property 14. If upon the dissolution of the Corporation there
remaining on remains after the satisfaction of all debts and liabilities, any
dissolution.
property whatsoever, such property shall not be distributed
among the members of the Corporation, but shall be given
or transferred to some other association or associations
having objects, similar to the objects of the Corporation and
which is, or are by the rules thereof prohibited from
distributing any income or profit among its or their members.
Such association or associations shall be determined by the
members of the Corporation at or immediately before the
time of dissolution of the Corporation.
Saving of the 15. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body politic or
Republic and
corporate.
others.
Sinhala text to 16. In the event of any inconsistency between the
prevail in case Sinhala and the Tamil texts of this Act, the Sinhala text shall
of inconsistency.
prevail.

Lester James Peries and Sumitra Peries Foundation 9
(Incorporation) Act, No. 36 of 2011
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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