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Board of Trustees of the Bhagawan Sri Sathya Sai Central Trust of Sri Lanka (Incorporation)
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Board of Trustees of the Bhagawan Sri Sathya Sai Central Trust of Sri Lanka (Incorporation)
AN ACT TO INCORPORATE THE BOARD OF TRUSTEES OF THE BHAGAVAN SRI SATHYA SAI CENTRAL TRUST OF SRI LANKA
Preamble.

WHEREAS a Trust called and known as the "The Board of Trustees of the Bhagavan Sri Sathya Sai Central Trust of Sri Lanka" has heretofore been established in Colombo for the purpose of effectually carrying out its objects and transacting all matters connected with the said Trust :

AND WHEREAS the Board of Trustees of the said Trust has heretofore successfully carried out and transacted the several objects and matters for which the said Trust 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 :-

[24th September , 2007 ]
Short title.

1. This Act may be cited as the Board of Trustees of the Bhagavan Sri Sathya Sai Central Trust of Sri Lanka (Incorporation ) Act, No. 38 of 2007.

Incorporation of the Board of Trustees of the Bhagavan Sri Sathya Sai Central Trust of Sri Lanka.

2. From and after the date of commencement of this Act such and so many persons as now are members of the Board of Trustees of the Bhagawan Sri Sathya Sai Central Trust of Sri Lanka (hereinafter referred to as "the Trust") or shall hereafter be admitted as members of the Board of Trustees of the said Trust shall be a body corporate with the perpetual succession under the name and style of the "Board of Trustees of the Bhagawan Sri Sathya Sai Central Trust of Sri Lanka" (hereinafter referred to as "the Corporation" ) and by that name may sue and be sued with full power and authority to have and to use a common seal and to alter 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 -

(i) to carry the message and teachings of Bhagavan Sri Sathya Sai Baba ;

(ii) to promote through practice and example the basic principles of Sathya (Truth), Dharma (Righteousness), Shanthi (Peace), Prema (Love) and Ahimsa (Non Violence) set by Bhagawan Sri Sathya Sai Baba ;

(iii) to promote the knowledge of Vedas, Upanishads, Shastras, Purans and other literature of the Sanathana Dharma ;

(iv) to promote the study of the Noble, sublime and highest ethical principles of all great religions of the world and the spirituallty which is the true basis of all such religions ;

(v) to promote inter-religious harmony ;

(vi) to promote peace and goodwill among mankind ;

(vii) to provide scholarships to deserving students at any school, college, university or any Institute approved by the Trust ;

(viii) to assist needy students by providing books, instruments, apparel, loans and grants in cash ;

(ix) to conduct study classes, lectures, seminars, studytours and engage in such other activities as may promote the advancement of education ;

(x) to provide homes for the needy and indigent, aged and disabled and orphan children ;

(xi) to provide food rations, meals, clothing and other assistances to persons in distress ;

(xii) to build, establish and provide hospitals and clinics for the treatment of sick persons ;

(xiii) to provide medicines and medical treatment to sick persons ;

(xiv) to conduct exhibitions and engage in activities which may promote health, social welfare and social rehabilitation and prevent the spread of diseases ; and

(xv) to co-ordinate with other Trusts of the Sri Sathya Sai Organization of Sri Lanka, that are now in existence or be constituted hereafter.

Constitution of the Board of Trustees.

4.

(1) The administration, management and control of the Corporation shall be vested in a Board of Trustees (hereinafter referred to as the "Board") consisting of eleven members elected in accordance with the rules of the Corporation, including-

(a) the Chairman of the Corporation ;

(b) the General Secretary of the Corporation ; and

(c) the Treasurer of the Corporation.

(2) The first Board of Trustees of the Corporation shall be the Board of Trustees of the Trust holding office on the day preceding the date of commencement of this Act which shall hold office untill a new Board of Trustee is elected in and accordance with the rules of the Corporation.

General powers of the Corporation.

5. Subject to the provisions of this Act and any other written law the Corporation shall have the following powers which shall be exercised by the Board :-

(a) to receive or collect grants, gifts or donations or subsidies whether in cash or otherwise from local or foreign sources ;

(b) to acquire and hold , take or give on lease or hire, mortgage, pledge or sell or otherwise dispose of any property, movable or immovable ;

(c) to give grants, endowments or loans for the futherance of the objects of the Corporation ;

(d) to open and operate bank accounts and to draw, make, accept, endorse and negotiate cheques, promissory notes, bills of exchange and negotiable instruments ;

(e) to appoint, employ and dismiss, such officers and servants as may be necessary for carrying out the objects of the Corporation, on such terms and conditions and at such remuneration as may be determined by the Board ;

(f) to invest funds belonging to the Corporation in such securities as may be determined by the Board ; and

(g) to do all such other acts or things as may be necessary for the attainment of the objects of the Corporation.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation from time to time at a general meeting of the members and by votes of two-thirds of the members present and voting to make such rules not inconsistent with the provisions of the Act or any other written law for all or any of the following matters :-

(a) the term of office of the members of the Board and the resignation or removal from office of such members, the filling of vacancies and election of such members ;

(b) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation including their terms and conditions of service ;

(c) the procedure to be followed at the meetings of the Board, the summoning and the quorum of such meetings and the conduct of business thereat;

(d) the administration and management of the property of the Corporation and the custody of its funds ; and

(e) such other things as may be necessary for the attainment of the objects of the Trust.

(2) Any rule made by the Corporation may be amended or rescinded in like manner as a rule may be made under subsection (1).

(3) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.

Fund of the Corporation.

7.

(1) The Fund of the Corporation (hereinafter referred to as the "Trust Fund") shall consist of-

(a) all moneys lying to the credit of the Trust on the day immediately preceding the date of commencement of this Act ; and

(b) all moneys that may accrue to the Corporation after the date of commencement of this Act.

(2) All moneys lying to the credit of the Trust Fund shall be utilized to defray the expenses incurred in the management of the affairs of the Corporation and the accomplishment of its objects.

Audit of accounts.

8.

(1) The financial year of the Corporation shall be the calendar year.

(2) The Corporation shall cause proper accounts to be kept of all income and expenditure, assets and liabilities and all other transactions of the Corporation.

(3) The accounts of the Corporation shall be audited annually by a qualified auditor appointed by the Corporation.

(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 the Council of 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 the Council of such Institute.

Debts due by or payable to the Trust.

9. All debts and liabilities of the Trust existing on the day preceding the date of commencement of this Act shall be paid by the Corporation and all debts due by and subscriptions and contributions payable to the Trust on that day shall be paid to the Corporation for the purpose of this Act.

Seal of the Corporation.

10. The seal of the Corporation-

(a) shall be in custody of such persons as the Board may from time to time determine ;

(b) may be altered in such manner as may be determined by the Board ; and

(c) shall not be affixed to any instrument or document except with the sanction of the Board and in the presence of at least two members of the Board who shall sign the instrument or document in token of their presence and such signing shall be independent of the signing of any person as a witness.

Property remaining on dissolution.

11. If upon the dissolution of the Corporation there remains after the satisfaction of all its debts and liabilities 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 objects similar to those of the Corporation and which is or are by the rules prohibited from distributing any income or property among its members.

Saving of the rights of the Republic and others.

12. 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.

Sinhala text to prevail in case of inconsistency.

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