ACT, No. 46 OF 2009

46of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
AL-HAJ ABDUL JAWAD ALIM VALIYULLAH
TRUST (INCORPORATION)
ACT, No. 46 OF 2009
[Certified on 09th September, 2009]
Printed on the Order of Government
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of September 11, 2009
PRINTEDAT THEDEPARTMENT OFGOVERNMENTPRINTING,SRILANKA
TO BEPURCHASED AT THEGOVERNMENT PUBLICATIONSBUREAU, COLOMBO 5
Price : Rs. 4.00 Postage : Rs. 5.00

Al-Haj Abdul Jawad Alim Valiyullah Trust 1
(Incorporation) Act, No. 46 of 2009
[Certified on 09th September, 2009]
L.D.— O. (INC) 7/2006.
ANACT TO INCORPORATE THE AL-HAJ ABDUL JAWAD ALIM
VALIYULLAH TRUST
WHEREAS a trust called and known as the “Al-Haj Abdul Preamble.
Jawad Alim Valiyullah Trust” has theretofore been created
for the purpose of effectually carrying out and transacting all
objects and 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 it was created and has applied
to be incorporated and it will be 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 :—
1. This Act may be cited as the Al-Haj Abdul Jawad Alim Short title.
Valiyullah Trust (Incorporation) Act, No. 46 of 2009.
2. From and after the date of commencement of this Act, Incorporation of
such and so many persons as now are members of Board of the Al-Haj Abdul
Jawad Alim
Trustees of the Al-Haj Abdul Jawad Alim Valiyullah Trust
Valiyullah Trust.
(hereinafter referred to as the “Trust”) or shall hereafter be
admitted as members of the Corporation hereby constituted,
shall be and become a body corporate with perpetual
succession, under the name and style of the “Al-Haj Abdul
Jawad Alim Valiyullah Trust” (hereinafter referred to as the
“Corporation”), and by that name may sue and be sued,with
full power and authority to have and use a common seal and
alter the same at its pleasure.
3. The general objects for which the Corporation is General objects
constituted are hereby declared to be— of the
Corporation.
(a) to maintain and reconstruct the Mosques, Quranic
Madrasas and Dargas which are vested in the
2—P L 003879—3,250 (05/2009)
2 Al-Haj Abdul Jawad Alim Valiyullah Trust
(Incorporation) Act, No. 46 of 2009
Corporation and commence new Madrasas, as and
when necessary ;
(b) to manage and maintain the Jamiathur-Rabbaniyya
Arabic Academy;
(c) to train moulavis in order to endow them with a
good knowledge of the Islamic religion ;
(d) to organize and conduct seminars, workshops and
spiritual training sessions for moulavis;
(e) to upgrade the spiritual development of persons of
lslamic faith by the preaching of the Islamic
philosophy, “sufi” and by guiding them through
the path of non-violence;
(f) to commemorate the lslamic religious leaders who
rendered valuable service to lslam and to provide
persons of Islamic faith with opportunities to study
the lives of such great leaders;
(g) to offer alms to participants of the commemorative
ceremonies held in memory of Ajmir Khaja
Mueenuddeen (Jisthi) and other great lslamic
leaders ;
(h) to carry out programmes for the betterment and
well being of children, youth and elders who are
Muslims ; and
(i) to work in collaboration with other local and foreign
organizations in providing vocational training for
youth who are Muslims.
General powers 4. Subject to the provisions of this Act and any other
of the written law, the Corporation shall have the power to do,
Corporation.
perform and execute all such acts, matters and things
whatsoever, as are necessary or desirable for the promotion or
Al-Haj Abdul Jawad Alim Valiyullah Trust 3
(Incorporation) Act, No. 46 of 2009
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 monies with or without security,
to receive or collect grants and donations, to invest its funds
and to engage, employ and dismiss officers and servants
required for the carrying out of the objects of the Corporation.
5. (1) The affairs of the Corporation shall subject to the Management of
rules of the Corporation made under section 6, be the affairs of the
Corporation.
administered by a Board of Management (hereinafter referred
as the “Board of Management”) consisting of a President and
eleven members appointed or elected in accordance with the
provisions of this Act and the such rules.
(2) The First Board of Management 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.
(3) In the event where a General Meeting cannot be
convened the President shall have powers to make decisions
and also to make Wasiyyath-Advice in regard to the
management of the affairs of the Corporation.
(4) In the event of the death, resignation or removal from
office of a member of the Board of Management, the vacancy
shall be filled in accordance with the provisions of this Act
and the rules of the Corporation made under section 6.
6. (1) It shall be lawful for the Corporation, from time to Rules of the
time, at any general meeting of the members and by votes of Corporation.
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 the admission, withdrawal or expulsion of
members, the election of the office bearers of the Board of
Management and otherwise generally, for the management
of the affairs of the Corporation and the attainment of its
objects. Such rules when made may, at a like meeting and in
like manner be altered, added to, amended or rescinded.
4 Al-Haj Abdul Jawad Alim Valiyullah Trust
(Incorporation) Act, No. 46 of 2009
(2) The members of the Corporation shall be subject to the
rules of the Corporation made in terms of this section.
Debts due and 7. All debts and liabilities of the Trust existing on the
payable to the day preceding the date of commencement of this Act, shall
Trust.
be paid by the Corporation hereby constituted and all debts
due to, subscriptions and contributions payable to the Trust
on that day shall be paid to the Corporation for the purposes
of this Act.
Corporation may 8. The Corporation shall be able and capable in law to
hold property acquire and hold any property, movable or immovable, which
movable and
may become vested in it by virtue of any purchase, grant,
immovable.
gift, testamentary disposition or otherwise, and all such
property shall be held by the Corporation for the purposes of
this Act. The Corporation shall subject to the rules, of the
Corporation made under section 6, have the full power to
sell, mortgage, lease, exchange or otherwise dispose of such
property.
Corporation 9. The moneys and property of the Corporation however
to be a non derived shall be applied solely towards the promotion of its
profit making
organization. objects as set forth herein, and no portion thereof shall be
paid or transferred, directly or indirectly, by way of dividend,
loan, bonus or otherwise, howsoever, by way of profit, to the
members of the Corporation :
Provided however, that the provision of this section shall
not prohibit—
(a) the payment, in good faith, of reasonable and proper
remuneration to any officer or servants of the
Corporation for any services rendered by him to the
Corporation ;
(b) the payment of reasonable and proper rent for
premises let to the Corporation by any member of
the Corporation or by any company of which a
member of the Corporation is a shareholder ; and
Al-Haj Abdul Jawad Alim Valiyullah Trust 5
(Incorporation) Act, No. 46 of 2009
(c) the reimbursement or repayment of reasonable and
proper expenses incurred, with the prior approval of
the Board of Management, by any member, officer
or servant of the Corporation in the discharge or
performance of his functions or duties or in
promoting the objects of the Corporation.
10. (1) The Corporation shall have its own fund and all Funds of the
moneys received by way of donations, gifts, testamentary Corporation.
dispositions, transfers, contributions, subscriptions or fees
shall be deposited in the name of the Corporation in one or
more banks as the Board of Management shall determine.
(2) All expenses incurred by the Corporation in the exercise
and discharge of the powers and functions of the Corporation
shall be paid out of the fund.
11. (1) The Corporation shall cause proper accounts to Audit and
be kept of its income and expenditure, assets and liabilities accounts.
and all other transactions of the Corporation.
(2) Separate accounts shall be maintained for the
Mosques, Madrasas, Arabic Academy and Service institution
which are under the Corporation.
(3) The accounts of the Corporation shall be audited
annually by a qualified auditor appointed by the Board of
Management.
(4) In this section “qualified auditor ” means —
(i) 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
6 Al-Haj Abdul Jawad Alim Valiyullah Trust
(Incorporation) Act, No. 46 of 2009
(ii) 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.
Seal of the 12. The Seal of the Corporation shall not be affixed to
Corporation. any instrument whatsoever, except in the presence of the
President and the Secretary or such other member as may be
provided by rules 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.
Property 13. If upon the dissolution of the Corporation, there
remaining on remains, after the satisfaction of all its debts and liabilities,
dissolution.
any property whatsoever, such property shall not be
distributed among the members of the Corporation, but shall
be given or transferred to some other Association or
Associations having objects, similar to the objects of the
Corporation, and which is or are by the rules thereof
prohibited from distribution of any income or property among
its or their members. Such Association or Associations shall
be determined by the members of the Corporation, at or
immediately before the time of dissolution of the Corporation.
Saving of the 14. Nothing in this Act contained shall prejudice or
rights of the affect the rights of the Republic or of any body politic or
Republic and
corporate.
others.
Sinhala text to 15. In the event of any inconsistency between the
prevail in case of Sinhala and Tamil texts of this Act, the Sinhala text shall
inconsistency.
prevail.

Al-Haj Abdul Jawad Alim Valiyullah Trust 7
(Incorporation) Act, No. 46 of 2009
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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