Mawathagama Development Foundation (Incorporation)

Link to law: http://www.lawnet.lk/process.php?st=1999Y0V0C13A&hword=%27%27&path=2
Published: 1999

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Mawathagama Development Foundation (Incorporation)
Mawathagama Development Foundation (Incorporation)




AN ACT TO INCORPORATE THE MAWATHAGAMA DEVELOPMENT FOUNDATION






Preamble.
WHEREAS a Foundation called and known as the "Mawathagama Development Foundation" has heretofore been formed in Mawathagama 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 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:-



[4th June

, 1999 ]













Short title.



1. This Act may be cited as the Mawathagama Development Foundation (Incorporation) Act, No. 13 of 1999.



Incorporation of the Mawathagama Development Foundation.



2. From and after the date of commencement of this Act, such and so many persons as now are members of the Mawathagama Development Foundation (hereinafter referred to as the "Foundation"), or shall hereafter be admitted 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 "Mawathagama Development 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.



General Objects of the Corporation.



3. The general objects for which the Corporation is established are hereby declared to be"





(a) to improve the economic conditions of the poor ;



(b) to assist the people engaged in the domestic subsistance sector and the export agricultural sector, and to improve productivity in such sectors ;



(c) to undertake the management of land development and agricultural activities ;



(d) to assist and encourage, rural small industries and the generation of self employment ;



(e) to encourage and provide incentives to the poor to he self reliant ;



(f) to "contribute actively for the realization of the objectives of the national programme called and known as Samurdhi Movement for alleviation of poverty ;



(g) to enthuse the public in the matter of primary health care, and to provide advise thereon ;



(h) to improve health and nutrition levels, through social activation projects and to provide assistance for social welfare activities ;



(i) to provide financial assistance and advice, for the supply of drinking water ;



(j) to provide advice and assistance to low income rural poor, in matters relating to housing ;



(k) to educate the public on the ill-effects of liquor, drugs and smoking, and to free people from addiction thereto ;



(l) to implement programmes for the protection of the basic values of indigenous culture ;



(m) to educate the public on the values of rural culture in order to ensure a desirable social order ;



(n) to implement cultural programmes centered round places of religious worship ;



(o) to implement programmes which highlight indigenous cultural values at national and religious festivals ;



(p) to encourage, through various programmes, the development of indigenous cultural values which have hitherto suffered deterioration ;



(q) to contribute, encourage and implement, programmes to uplift preschool education ;



(r) to assist the students who sit for public examination of the government within the formal educational system, by holding seminars and discussions ;



(s) to implement programmes aimed at improving literati among those students who are left behind in the school educational system ;



(t) to assist and implement, informal educational programmes ; and



(u) to provide library service facilities.



General Powers of the Corporation.



4. Subject to the provisions 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 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 open, operate and close bank accounts, to borrow or raise money, with or without security, to receive or collect grants and donations to enter into contracts to invest its funds, and to engage, employ and dismiss, officers and servants required for the carrying out of the objects of the Corporation.



Management of the affair of the Corporation.



5.





(1) The affairs of the Corporation, shall, subject to the rules in force for the time being of the Corporation, be administered by a Board of Management consisting of the Chairman, Vice Chairman. Honorary Secretary, Honorary Treasurer and Three Directors elected from among the members of the Executive Committee in accordance with the rules in force for the time being of the Corporation.



(2) The Chairman of the Corporation shall be the chief executive of the Corporation and shall preside over all meetings.



(3) The first Board of Management of the Corporation shall consist of the members of the Board of Management of the Foundation holding office on the day immediately preceding the date of commencement of this Act.



Rules of the Corporation.



6.





(1) It shall be lawful for the Corporation, from time 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 ;



(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 Board of Management and the Executive Committee and their powers, conduct and duties, and the terms of office of members of the Board of Management and the Executive Committee ;



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



(e) the procedure to be observed and the summoning and holding of meetings of the Board of Management and the Executive Committee, the times, places, notices and agenda of such meetings, the quorum thereof and the conduct of business thereat ;



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



(g) 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 rules of the Corporation.



Debts due by and payable to the Foundation.



7. All debts and liabilities of the Foundation existing on the day immediately preceding the date of commencement of this Act, 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 purpose of this Act.



Corporation may hold property movable or immovable.



8.The Corporation shall be able and capable in Law, to acquire 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 in force for the time being of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.



Seal of the Corporation.



9. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Chairman and the Honorary Secretary or the Honorary Treasurer 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.



Saving of the rights of the Republic and others.



10. Nothing in this Act contained shall prejudice or affect the rights 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.



Sinhala text to prevail in case of any inconsistency.



11. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.