Cumaratunga Munidasa Foundation (Incorporation)

Link to law: http://www.lawnet.lk/process.php?st=1994Y0V0C5A&hword=%27%27&path=2
Published: 1994

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Cumaratunga Munidasa Foundation (Incorporation)
Cumaratunga Munidasa Foundation (Incorporation)




AN ACT TO INCORPORATE THE CUMARATUNGA MUNIDASA FOUNDATION






Preamble.
WHEREAS a Foundation called and known as the "Cumaratunga Munidasa Foundation" has heretofore been established 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 established and has applied to be incorporated, and it will be for the public advantage to grant the application :



BE it therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-



[2nd March

, 1994 ]













Short title.



1. This Act may be cited as the Cumaratunga Munidasa Foundation (Incorporation) Act, No. 5 of 1994.



Incorporation of the Cumaratunga Munidasa Foundation.



2. From and after the date of commencement of this Act, such and so many persons as now are members of the "Cumaratunga Munidasa Foundation," (hereinafter referred to as "the Foundation") or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate with perpetual succession, under the name and style of the "Cumaratunga Munidasa Foundation ". (hereinafter referred to as " the Corporation ") 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 niter the same at its pleasure.



General objects of the Corporation.



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





(a) to make known to the public the contributions made by Munidasa Cumaratunga to the progress and development of the Sinhala language and literature, as a grammarian, poet, commentator, journalist and critic ;



(b) to evaluate the contribution made by Munidasa Cumaratunga towards the development of an awareness of the cultural heritage of Sri Lanka ;



(c) to establish a Munidasa Cumaratunga Museum with a view to protecting and preserving the library, manuscripts and other items used by Munidasa Cumaratunga, and to make this institution a research centre for Sinhala language, literature and other aspects of the culture of Sri Lanka;



(d) to make a concerted effort to impart, at national level, a consciousness as regards the important of language as a symbol of national Identity and to take all. possible steps for the improvement of the general standard of the usage of the Sinhala Language.



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 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 money, with or without security, to receive or collect grants and donations, to invest its funds, and to employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.



Management of the affairs 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 Trustees consisting of such number of members as may be provided for in such rules and elected or appointed in accordance therewith.



(2) The first Board of Trustees of the Corporation shall be the Board of Trustees of the Foundation holding office on the day 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 of the Corporation 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 and the admission, withdrawal or expulsion of members;



(b) the election of the office bearers, the resignation or vacation, of, or removal from, office of office bearers, and their powers, conduct and duties;



(c) the appointment or election of the members of the Board of Trustees of the Corporation and the powers, conduct and duties;



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



(e) the procedure to be observed at, and the summoning, and holding of, meetings of the Corporation and the Board of Trustees, the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;



(f) the administration and management of the property of the Corporation, the custody of its funds and the 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) All rules of the Foundation which were in force on the day preceding the date of commencement of this Act shall, in so far as they are not inconsistent with the provisions of this Act or any other written law, be deemed to be rules made under this section.



(4) The members of the Corporation shall be subject to the 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 and discharged by the Corporation hereby constituted, and all debts due to and subscriptions and contributions payable to the Foundation on that day shall be paid to the corporation for the purposes of this Act.



Corporation may hold property movable and immovable.



8. Subject to the provisions of this Act, the Corporation shall be able and capable in law to acquire and hold any properly 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 be in the custody of the Secretary and it shall not be affixed to any instrument whatsoever, except in the presence of two members of the Board of Trustees of the Corporation 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 claiming by, from, or under them.



Sinhala Text to prevail in case of inconsistency.



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