Commenting on the allegations against Victor Ivan pocketing Rs 5 million of Ravaya funds, D.N.R.Siriwardena, the Registrar of Companies told Colombo Telegraph that the entire transaction is illegal and completely out of the order and that an investigation is to be launched into the transaction.
Rāvaya being a Company limited by guarantee and operating as a not-for-profit organization, much like an NGO, does not and cannot have provision for Ivan or anyone else to claim monies that have been collected for a fund of this kind.
Further to that the company registrar went on to tell Colombo Telegraph that a public litigation lawyer has already made a complaint into this transaction and he is set to launch an investigation.
“I advised him to launch a complaint at the fraud bureau as well” the Company Registrar further said.
The Registrar of Companies
“Samagam Medura”, No. 400, D R Wijewardena Mawatha, Colombo 10.
02nd July 2015
Ravaya Publishers Guarantee Ltd – Abuse of Public funds collected by deception of the general public
This is a formal complaint made against the Ravaya publishers, a company registered with the Guarantee status under section 34 of the Companies Act.
In May 2013 Ravaya newspaper employed a group of persons, who made an public appeal, which was circulated to a selected group by emails, (including me), appealing for financial support, purportedly to make Ravaya newspaper an independent print media (a copy of the press release is attached hereto).
Most people had no reason to suspect the bona fide of this appeal and over 200 people contributed over 10 million rupees (I too contributed Rs 100,000/-) and contributions were deposited to the Bank Account belongs to Ravaya Publishers Guarantee Ltd Account No 8180047738 – also published in the advert) maintained at Commercial Bank, Maharagama Branch.
Now I understand that out of the funds so collected, a sum of Rs 5,000,000.00 has been misappropriated by Mr Victor Ivan, completely deceiving the people who did respond to the public appeal, which is also an criminal offence punishable under section 8 of the Companies Act No 07 of 2007.
I have already made a complaint in this regard to the Police (copy enclosed) and I request you to take action as required by law;
a) to enforce the provisions of Section 34 (6) of the Companies Act for the removal of the legal status of ‘Guarantee Limited’ granted to this company for the willful abuse of the powers for an improper purpose of unjust enrichment.
b) to enforce the power vested in you under Section 8 (5) of the Companies Act No 07 of 2007 against the persons concerned for the criminal offence committed.
The copy of the complaint made to the Police today -29th June 2015;
I, Nagananda Kodituwakku, of 99, Subadrarama Road Nugegoda, a Lawyer by profession and the former Head of the Customs Revenue Task Force Directorate, (email: email@example.com and mobile phone 077xxxxxxx) state as follows. In May 2013 cash trapped management of the weekly print media ‘Ravaya’ newspaper (Ravaya Publishers Guarantee Ltd), appealed to the general public, requesting financial contribution to keep the newspaper floating and a group of people were employed to meet the prospective contributors to raise funds. Those who were so approached had been made to believe that the appeal was genuine and bona fide. As a result over a sum of rupees 10,600,000.00 had been collected from 220 contributors who had purely placed their trust and confidence on the said appeal. On this matter, I was approached by one Gamini Viyangoda, representing the fund raising campaign organized by Ravaya Publishers Guarantee Ltd on several occasions, and I was explained the need to establish an independent print media that would not compromise its integrity to any political party or organization but would committed for the realization of democratic rights of the people. I checked the legal status of the Ravaya Publishers and found that it was a company registered with the guarantee status, that prohibits appropriation of funds, profits or income of the company in any manner by it’s members by law (Sec 34 of the Companies Act No 07 of 2007), except using such funds only for the promotion of its objects. Therefore, having satisfied with the representations made to me by Gamini Viyandgoda, I contributed one hundred thousand rupees (Rs 100,000.00) to the said Ravaya Publishers Guarantee Ltd currant Account (A/c No 8180047738) maintained at Commercial Bank Maharagama. Thereafter 0n 30th Oct 2013, I was invited to attend a informal meeting organized by Ravaya on 04th Nov 2013 at Sovereign Hotel in Rajagiriya. However, then I was away in London and I informed the organizers about my inability to attend the said event but requested for a acknowledgement for my contribution. Yet, up until today Ravaya Publishers failed to issue any receipt, in spite of several requests were made to said Gamini Viyangoda and Victor Ivan. However, now, I understand that out of the funds so collected, a sum of rupees five million has been abused by Victor Ivan, clearly an immoral act which tantamount to criminal misappropriation of public funds collected deceiving the general public, who had made their contributions in good faith. Therefore, I request the police to investigate into this fraud forthwith and to bring those responsible for this abuse of public funds to justice with the recovery of five million rupees so misappropriated by Victor Ivan. The contact address of Ravaya Publishers Guarantee Ltd is 83, Piliyandala Road, Maharagama (phone 2851672/3, 2842064). Contact details of Gamini Viyangoda is 0777xxxxxx and his email address is firstname.lastname@example.org Victor Ivan’s email address is email@example.com and his mobile phone number is 0777xxxxxx.
Nagananda Kodituwakku Attorney-at-Law (SL) & Solicitor (UK)