51of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
OVERSEAS MUSLIM EDUCATIONAL
TRUST OF SRI LANKA (INCORPORATION)
ACT, NO. 51 OF 2009
—————————
[Certified on 25th September, 2009]
Printed on the Order of Government
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Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of September 25, 2009
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Overseas Muslim Educational Trust of Sri Lanka 1
(Incorporation) Act, No. 51 of 2009
[Certified on 25th September, 2009]
L. D.—O (Inc.) 1/2008
ANACT TO INCORPORATE THE OVERSEAS MUSLIM EDUCATIONAL
TRUST OF SRI LANKA
WHEREAS a Trust called and known as the “Overseas Preamble.
Muslim Educational Trust of Sri Lanka” has heretofore been
formed in Sri Lanka for the purpose of effectually carrying
out it’s objects and transacting all matters connected with
the said Trust according to the rules agreed to by its members:
AND WHEREAS the said Trust has heretofore successfully
carried out and transacted the several objects and matters for
which it was formed and has applied to be incorporated and
it will be for the public advantage to grant the said
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 Overseas Muslim Short title.
Educational Trust of Sri Lanka (Incorporation) Act, No. 51
of 2009.
2. From and after the date of commencement of this Act, Incorporation
of the
such and so many persons as now are members of the Overseas
“Overseas Muslim Educational Trust of Sri Lanka” Muslim
Educational
(hereinafter referred to as the “Educational Trust”) or shall
Trust of Sri
hereafter be admitted members of the Corporation hereby Lanka.
constituted, shall be a body corporate (hereinafter referred to
as the “Corporation”) with perpetual succession, under the
name and style of the “Overseas Muslim Educational Trust
of Sri Lanka” and by that name may sue and be sued, with
full power and authority to have and use a common seal and
to alter the same at its pleasure.
2 Overseas Muslim Educational Trust of Sri Lanka
(Incorporation) Act, No. 51 of 2009
General objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to provide scholarships for needy Sri Lankan Muslim
students who have passed General Certificate of
Education (Advanced Level) Examination and
entered University in the faculties of Science,
Engineering and Medicine;
(b) to provide for scholarships for needy Muslim
students sitting the General Certificate of Education
(Advanced level) Examination in science subjects;
(c) to financially assist needy Muslim students who are
already in University and who are unable to
complete their courses of study due to insufficient
funds.
Management of 4. (1) The affairs of the Corporatioh shall, subject to
the affairs of the the rules of the Corporation made under section 6, be
Corporation.
administered by a Board of Governors (hereinafter referred to
as the “Board”) Consisting of the Chariman, Vice Chairman
and other office bearers elected or appointed in accordance
with the rules of the Corporation made under section 6.
(2) The first Board shall consist of the members of the
Board of Governors of the Educational Trust holding office
on the day immediately preceding the date of commencement
of this Act.
General Powers 5. 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 promotin or
furtherance of the objects of the Corporation or any one of
them including the power to—
(a) acquire, hold, take or give on lease or hire, mortgage
pledge, sell, exchange, or otherwise alienate,
encumber or dispose of any immovable property for
the purposes of the Corporation;
Overseas Muslim Educational Trust of Sri Lanka 3
(Incorporation) Act, No. 51 of 2009
(b) enter into and perform or carry out, whether directly
or through any officer or agent authorized in that
behalf by the Corporation, all such contracts or
agreements as may be necessary for the attainment
of the objects or the exercise of the powers of the
Corporation;
(c) accept gifts, donations and bequests in cash or in
kind;
(d) invest its funds, and to maintain current, deposit
and savings accounts in any bank;
(e) borrow or invest money for the purposes of the
Corporation in such manner and upon such security
as the Corporation may think fit; and
(f) appoint, employ, transfer, exercise disciplinary
control over and dismiss officers and servants
required for the carrying out of the objects of the
Corporation.
6. (1) It shall be lawful for the Corporation, from time Rules of the
to time, at any general meeting of the Corporation and by a Corporation.
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, on all or any of the
following matters :—
(a) the classification of membership and the admission,
withdrawal or expulsion of member;
(b) the election of office-bearers, the resignation from
or vacation of, or removal from office of, officer
bearers and their powers and duties;
(c) the election of members of the Board and its powers
conduct and duties;
4 Overseas Muslim Educational Trust of Sri Lanka
(Incorporation) Act, No. 51 of 2009
(d) the powers, duties and functions of the various
officers, agents and servants of the Corporation;
(e) the procedure to be observed or the summoing and
holding of meetings of the Board, the time, places,
notices and agenda of such meetings and the quorum
therefor and the conduct of business thereat; and
(f) the administration and management of the property
of the Corporation and the custody of its funds.
(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) The members of the Corporation shall at all times be
subject to the rules of the Corporation.
Fund of the 7. (1) The Corporation shall have its own fund and all
Corporation. moneys heretfore or hereafter received by way of gifts,
testamentary dispositions, transfers, donations, subscriptions,
contributions, fess or grants or any financial investment shall
be deposited to the credit of the fund of the Corporation in
one or more Banks as may be determined by the Board.
(2) All expenses incurred by the Corporation in exercising
and discharging its powers and functions shall be paid out of
the fund.
Audit and 8. (1) The financial year of the Corporation shall be the
Accounts. calendar year.
(2) The Corporation shall cause proper accounts to be
kept of its income and expenditure, assets and liabilities and
all other transactions of the Corporation.
(3) The accounts of the Corporation shall be audited by a
qualified auditor appointed by the Board.
Overseas Muslim Educational Trust of Sri Lanka 5
(Incorporation) Act, No. 51 of 2009
(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
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, possessses a certificate
to practice as an accountant issued by such
Institute.
9. The seal of the Corporation shall be in the custody of Seal of the
the Secretary and shall not be affixed to any instrument Corporation.
whatsoever except in the presence of the President and the
Secretary of the Corporation or such other person duly
authorized by the Board who shall sign their names on the
instrument in token of their presence and such signing shall
be independent of the signing of any person as a witness.
10. All debts and liabilities of the Educational Trust Debts due by
existing on the day preceding the date of commencement of and payable to
the Educational
this Act shall be paid by the Corporation hereby constituted Trust.
and all debts due to, subscriptions and contributions payable
to the Educational Trust on that day shall be paid to the
Corporation for the purposes of this Act.
11. No member of the Corporation shall, for the purpose Limitation of
of discharging the debts and liabilities of the Corporation or liability of
members.
for any other purpose, be liable to make any contribution
exceeding the amount of such membership fees as may be
due from him to the Corporation.
12. The moneys and property of the Corporation Application
however derived shall be applied solely towards the prmotion of moneys
and property.
of its objects as set forth herein and no portion thereof shall
6 Overseas Muslim Educational Trust of Sri Lanka
(Incorporation) Act, No. 51 of 2009
be paid or transferred directly or indirectly by way of dividend,
bonus, profit or otherwise howsoever to the members of the
Corporation.
Corporation may 13. Subject to the provisins of this Act, the Corporation
hold property shall be able and capable in law to acquire and hold any
movable and
immovable. property movable or immovable, which may become vested
in it by virtue of any purchase, grant, gift testamentary
disposiiton or otherwise, and all such property shall be held
by the Corporation for the purposes of the Corporation and
subject to the rules of the Corporation made under section 6,
with full power to sell, mortgage, lease, exchange or otherwise
dispose of the same.
Property 14. If upon the dissolution of the Corporation there
remaining on remains after the satisfaction of all debts and liabilities, any
dissolution.
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 distributing any
income or profit 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 15. Nothing in this Act contained shall prejudice or affect
rights of the the rights of the republic or of any body politic or corporate.
Republic and
others.
Sinhala text to 16. In the event of any inconsistency between the Sinhala
prevail in case and Tamil texts of this Act, the Sinhala text shall prevail.
of inconsistency.

Overseas Muslim Educational Trust of Sri Lanka 7
(Incorporation) Act, No. 51 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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