SAUMYAMOOTHI THONDAMAN MEMORIAL
FOUNDATION ACT

Arrangement of Sections

1. Short title.

PART I

Establishment of the Saumyamoorthi Thondaman Memorial Foundation

2. Establishment of the Saumyamoorthi Thondaman Memorial Foundation.

3. Board of Management of the Foundation.

4. The Seal of the Foundation.

5. The objects of the Foundation.

6. Powers and functions of the Foundation.

7. Service to the Foundation deemed to be service to the Government for the purpose of certain contracts.

8. Staff of the Foundation.

9. State property immovable made available to the Foundation.

PART II

Finance

10. Fund of the Foundation.

11. Accounts and audit.

12. Exemption of Foundation from taxes.

PART III

General

13. Directions.

14. Board's report to be placed before Parliament.

15. Foundation deemed to be a Scheduled Institution within the meaning of the Bribery Act.

16. Members of the Board and officers and servants of the Foundation deemed to be public servants.

17. Protection of action taken under this Act.

18. Rules.

19. Sinhala text to prevail in case of inconsistency.

20. Interpretation.

19 of 2005.

AN ACT to provide for the establishment of a foundation called the Saumyamoorthi Thondaman Memorial Foundation; to specify its objects and powers; and to provide for matters connected therewith or incidental thereto.

[Date of Commencement: 15th June, 2005]

1. Short title.

This Act may be cited as the Saumyamoorthi Thondaman Memorial Foundation Act.

PART I

Establishment of the Saumyamoorthi Thondaman Memorial Foundation

2. Establishment of the Saumyamoorthi Thondaman Memorial Foundation.

(1) There shall be established a Foundation, in order to perpetuate the memory of the late Mr Saumyamoorthi Thondaman to be called "The Saumyamoorthi Thondaman Memorial Foundation”, (hereinafter referred to as "the Foundation”).

(2) The Foundation shall by the name assigned to it by subsection (1), be a body corporate and shall have perpetual succession and a common seal and may sue and be sued in such name.

3. Board of Management of the Foundation.

(1) The Foundation shall be administered by a Board of Management, (hereinafter referred to as the "Board”) consisting of—

(a) the Minister in charge of the subject of Plantation Infrastructure;

(b) the Leader of the Opposition;

(c) Mr Arumugam Thondaman during his life time, and thereafter the eldest surviving descendent of the late Mr Saumyamoorthi Thondaman:

Provided however that if Mr Arumugam Thondaman becomes for any period an ex-officio member of the Board, the eldest surviving descendent of the late Mr Saumyamoorthi Thondaman shall during such period serve as a member of the Board:

Provided further that in the event of the eldest surviving descendent being unwilling or unable to serve as a member of the Board the next eldest surviving descendent shall serve as a member of the Board;

(d) the Secretary to the Ministry of the Minister incharge of the subject of Finance or his representative;

(e) the Secretary to the Ministry of the Minister Incharge of the subject of Plantation Infrastructure or his representative;

(f) the General Secretary of the Ceylon Workers Congress or his representative;

(g) two persons appointed by Mr Arumugam Thondaman during his lifetime and thereafter by the Board, from among persons of recognised competence or eminence, dedicated and committed to upgrading the living conditions, cultural and social development of the community.

(2) —

(a) a member appointed under paragraph (g) of subsection (1) may resign from office by a letter in that behalf addressed to the Board.

(b) a member appointed under paragraph (g) of subsection (1) may, for reasons assigned, be removed from office at any time by the Board.

(c) subject to the provisions of paragraphs (a) and (b) the term of office of a member appointed under paragraph (g) of subsection (1) shall be three years from the date of his appointment.

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