ACT, No. 59 OF 2009

59of2009.pdf
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PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
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JAMA’ATH ANSARIS SUNNATHIL
MOHAMMADIYYA OF SRI LANKA
(INCORPORATION) ACT, NO. 59 OF 2009
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[Certified on 21st October, 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 October 23, 2009
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Jama’ath Ansaris Sunnathil Mohammadiyya of 1
Sri Lanka (Incorporation) Act, No. 59 of 2009
[Certified on 21st October, 2009]
L. D.—O. (Inc.) 2/2008.
ANACTTO INCORPORATE THE JAMA’ATH ANSARIS SUNNATHIL
MOHAMADIYYA OF SRI LANKA.
WHEREAS an Association called and known as the Jama’ath Preamble.
Ansaris Sunnathil Mohamadiyya of Sri Lanka has heretofore
been established in Sri Lanka for the purpose of effectively
carrying out and transacting all objects and matters connected
with the said Association, according to the rules agreed to by
its members:
AND WHEREAS the said Association 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 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 Jama’ath Ansaris Sunnathil Short title.
Mohamadiyya of Sri Lanka (Incorporation) Act, No. 59 of
2009.
2. From and after the date of commencement of this Act, Incorporation of
Jama’ath Ansaris
such and so many persons as now are members of the Jama’ath
Sunnathil
Ansaris Sunnathil Mohammadiyya of Sri Lanka (hereinafter Mohamadiyya of
referred to as the “Association”) or such persons as shall Sri Lanka.
hereafter be admitted as members of the Corporation hereby
constituted shall be a body corporate (hereinafter referred to
as the “Corporation”) with perpetual succession, under the
name and style of the “Jama’ath Ansaris Sunnathil
Mohammadiyya of Sri Lanka” and by that name may sue and
be sued, with full power and authority to have and to use a
common seal and alter the same at its pleasure.
2 —PL004200—3,150 (07/2009)
2 Jama’ath Ansaris Sunnathil Mohammadiyya of
Sri Lanka (Incorporation) Act, No. 59 of 2009
General objects 3. The general objects for which the Corporation is
of the constituted are hereby declared to be—
Corporation.
(a) to teach the Islamic religion based on the teachings
of Quean and Prophet Mohamed’s (SAW) Sunnah;
(b) to prepare and guide Muslims to lead and conduct
themselves according to Islamic percepts;
(c) to equip Muslims with the knowledge and skill to
spread the message of Islam and to involve in
religious activities;
(d) to encourage the learning of Arabic Language and
to conduct courses of studies and provide all
assistance to the students in this regard including
establishing and maintaining Arabic Colleges and
Madurasas in all Districts ;
(e) to establish, maintain, administer and develop
branch organizations in all Districts ;
(f) to print, publish and distribute Books, Magazines,
Journals, periodicals, Pamphlets, Newspapers and
produce audio, video and compact discs, multi media
devices in English, Sinhala, Tamil and Arabic
Languages.
(g) to provide assistance to construct, repair, rehabilitate,
reconstruct, equip and maintain Mosques, places of
worship and Islamic Libraries for Muslims;
(h) to organize and conduct classes, meetings, seminars,
conferences and workshops to promote the
knowledge of Islam among Muslims and to
encourage the practical observance of the principles
of Islam;
(i) to provide assistance and facilities needed for
educational social and economic welfare of the
Muslim community in Sri Lanka;
Jama’ath Ansaris Sunnathil Mohammadiyya of 3
Sri Lanka (Incorporation) Act, No. 59 of 2009
(j) to provide assistance and facilities needed for
religious and communal harmony among various
religious groups and communities in Sri Lanka; and
(k) to establish and maintain friendly relations, with
other Islamic Institutions engaged in similar pursuits
in and outside Sri Lanka.
4. The Corporation shall subject to the provisions of the Powers of the
Act and of any other written law, have the power— Corporation.
(a) to purchase, acquire, rent, construct or otherwise
obtain, lands or buildings which may lawfully be
required for the Corporation and to deal with or
dispose of, the same, as it may deem expedient, with
a view to promoting the objects of the Corporation;
(b) to solicit, raise and receive subscriptions, grants,
donations and gifts of all kinds, locally and from
abroad, from any person or body of persons,
corporate or otherwise, for the purposes of the
Corporation;
(c) to appoint, remunerate and exercise disciplinary
control over such officers and servants as may be
necessary for the purposes of the Corporation;
(d) to raise or borrow money for any purpose of the
Corporation and to secure the discharge of any debt,
or obligation of the Corporation in such manner it
may think fit;
(e) to invest any funds not immediately required for the
purposes of the Corporation, in such manner as the
Board of management may think fit and to vary and
transfer such investment from time to time;
(f) to establish, organize and maintain, different
branches and institutions for the different activities,
4 Jama’ath Ansaris Sunnathil Mohammadiyya of
Sri Lanka (Incorporation) Act, No. 59 of 2009
programmes and projects, sponsored and conducted
by the Corporation, for promoting the objects of the
Corporation in Sri Lanka and abroad;
(g) to construct, alter or maintain any buildings required
for the purposes of the Corporation;
(h) to undertake, accept, execute, perform and
administer any lawful trusts and conditions affecting
any real or personal property;
(i) to subscribe or grant money for any charitable
purposes; and
(j) to enter into perform, either directly or through its
officers or servants or agents authorized in that
behalf by the Corporation, all such contracts and
agreements as may be necessary, for the exercise,
discharge and performance of the powers, functions
and duties of the Corporation or for carrying on the
affairs or for furthering the objects of the Corporation;
Funds of the 5. (1) The Corporation shall have its own fund and all
Corporation. moneys heretofore or hereafter to be received by way of gift,
request, donation, subscription, contribution, fees or grants
for and on account of the Corporation shall be deposited to
the credit of the Corporation in one or more banks, as the
Board of Management shall determine.
(2) The Corporation may establish different types of funds
for the purpose of attaining all or any of the objects of the
Corporation Such as Building Fund, Research Fund,
Development Fund, Scholarship Fund, Zakat Fund, Hajj Fund,
Widows and Orphans Fund and Natural Disaster Fund.
(3) There shall be paid out of the fund of the Corporation
all sums of money to defray any expenditure incurred of the
Corporation in the exercise, performance and discharge of its
powers, duties and functions under this Act.
Jama’ath Ansaris Sunnathil Mohammadiyya of 5
Sri Lanka (Incorporation) Act, No. 59 of 2009
6. The Corporation shall be able and capable in law to Corporation
acquire and to hold any property, movable or immovable, may hold
property
which may become vested in it by virtue of any purchase,
movable or
grant, gifts, testamentary disposition or otherwise and all immovable.
such property shall be held by the Corporation for the purpose
of this Act and subject to the rules of the Corporation with
full power to sell, lease, rent, exchange or otherwise dispose
of the same.
7. The affairs of the Corporation shall, subject to the Management
rules of the Corporation made under section 11, be of the affairs
of the
administered by a Board of Management. The Board of
Corporation.
Management is elected in terms of the rules of the Corporation.
The first Board of Management of the Corporation shall be
the Board of Management of the Jama’ath Ansaris Sunnathil
Mohammadiyya of Sri Lanka holding office on the day
preceding the date of the commencement of this Act.
8. The moneys and property of the Corporation Corporation
howsoever derived shall be applied solely towards the to be a non-
profit making
promotion of its objects as set forth herein and no portion organization.
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 following may be paid—
(a) the payment, in good faith, of reasonable and proper
remuneration to any officer or employee of the
Corporation or to any member of the Corporation for
any service 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
(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
6 Jama’ath Ansaris Sunnathil Mohammadiyya of
Sri Lanka (Incorporation) Act, No. 59 of 2009
employee of the Corporation, in the discharge or
performance of his functions or duties in promoting
the objects of the Corporation.
Debts due to and 9. All debts and liabilities of the Association existing
payable to the on the day preceding the date of commencement of this Act
Corporation.
shall be paid by the Corporation hereby constituted and all
debts due to, and subscriptions and contributions payable to
the Association on that day shall be paid to the Corporation
for the purpose of this Act.
Accounts and 10. (1) The financial year of the Corporation shall be
audit of the the calendar year.
Corporation.
(2) The Corporation shall cause proper books of accounts
to be kept with respect to—
(i) all sums of money received or expended by the
Corporation;
(ii) the assets and liabilities of the Corporation; and
(iii) All other transactions of the Corporation.
(3) The Accounts of the Corporation and the balance sheet
shall be audited at least once a year by any qualified auditor
or auditors appointed for the purpose by the Corporation.
(4) For the purposes of this seciton, “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
(ii) a firm of Accountants, each of the resident partners
of which, being a member of the instiute of Chartered
Accountants of Sri Lanka or of any other Institute
Jama’ath Ansaris Sunnathil Mohammadiyya of 7
Sri Lanka (Incorporation) Act, No. 59 of 2009
established by law, possesses a certificate to practice
as an Accountant issued by the council of such
Institute.
(5) The accounts of the Corporation and the balance sheet
shall be open to the inspection of the members of the
Corporation at all reasonsable times.
11. It shall be lawful for the Corporation, from time to Rules of the
time, at any meeting of the Board of Management to make Corporation.
such rules, not inconsistent with the provisions of this Act, or
any other written law, for the admission, withdrawal or
expulsion of members, election of the office bearers and the
Board of Management and otherwise generally, for the
management affairs of the Corporations and the attainment
of its objects including rules providing for filling of any
vacancy in the office bearers or the Board of Management of
the Corporation. Such rules when made may, at a like meeting
and in like manner be altered, added to, amended or
rescinded.
12. The Seal of the Corporation shall not be affixed to Seal of the
any instrument whatsoever, except in the presence of two Corporation.
members of the Committee of Management 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.
13. If upon the dissolution of the Corporation there Property
remains after the satisfaction of all its debts and liabilities, remaining on
dissolution.
any property whatsoever, such porperty shall not be
distributed among the members of the Corporation but shall
be given or transferred to some other institution having
objects similar to those of the Corporation, and which is or
are by the rules thereof prohibited from distributing any
income or property among its or their members. Such
institution shall be determined by the Board at, or immediatley
before, the dissolution of the Corporation.
8 Jama’ath Ansaris Sunnathil Mohammadiyya of
Sri Lanka (Incorporation) Act, No. 59 of 2009
Saving of the 14. 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 15. In the event of any inconsistency between the Sinhala
prevail in case of and Tamil texts of this Act, the Sinhala text shall prevail.
inconsistency.

Jama’ath Ansaris Sunnathil Mohammadiyya of 9
Sri Lanka (Incorporation) Act, No. 59 of 2009
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
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GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
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