Bloemendhal Development Society (Incorporation)

Bloemendhal Development Society (Incorporation)

AN ACT TO INCORPORATE THE BLOEMENDHAL DEVELOPMENT SOCIETY.

Preamble.

WHEREAS a Society called and known as the ” Bloemendhal Development Society” has heretofore been established at Colombo for the purpose of effectually carrying out and transacting all matters connected with the said Society according to the rules agreed to by its members:

AND whereas the said Society has heretofore successfully carried out and transacted the several objects and matters for which it was established, 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 :

[21^st June
, 1984 ]

Short title.

1. This Act may be cited as the Bloemendhal Development Society (Incorporation) Act, No. 26 of 1984.

Incorporation Of the Bloemendhal Development Society.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Bloemendhal Development Society (hereinafter referred to as ” the Society “) or shall hereafter be admitted members of the Corporation hereby constituted, shall be and become a body corporate with perpetual succession under the style and name of the ” Bloemendhal Development Society” (hereinafter referred to as ” the Corporation “) and by that name may sue and be sued in all courts, with full power and authority to have and to use a common seal and to change and alter the same at its will and pleasure.

General objects of the Corporation.

3. The general objects for which the Corporation is constituted are hereby declared to be

(a) to relieve poverty and distress in general and in particular in the area along and in proximity to Bloemendhal Road, Colombo ;

(b) to provide assistance for the education of children and adults residing in the said area ;

(d) to provide such benefits and assistance to the residents in the said area as may appear to the Corporation to be necessary; and

(e) generally to do such other things as are or may be necessary, conducive or incidental to the attainment of the objects of the Corporation.

General powers of the Corporation.

4. Subject to the provisions of this Act and any other written law, the Corporation shall have the power to do, perform and execute all such acts, matters, and things what so ever, as are necessary or desirable for the promotion or 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 moneys with or without security, to receive or collect grants and donations, to invest its funds, and to engage, employ and dismiss personnel required for the carrying out of the objects of the Corporation.

Management of the affairs of the Corporation.

(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by an Executive Committee consisting of the office-bearers and such other persons as may be provided for in such rules and elected in accordance therewith.

(2) The first Executive Committee of the Corporation shall be the Executive Committee of the Society holding office at the time of the coming into operation of this Act.

Rules of the Corporation.

(1) It shall be lawful for the Corporation, from time to time, at a special general meeting of the Corporation and by a majority of not less than two-thirds of the members of the Corporation and entitled to vote, to make rules, not inconsistent with the provisions of this Act, for the admission, withdrawal, or expulsion of members, for the conduct of the duties of the Executive Committee and of the various officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business, and otherwise generally for the management of the affairs of the Corporation and the accomplishment of its objects. Such rules when made may, at a like meeting and in like manner, be altered, added to, amended or rescinded.

(2) The members of the Corporation shall at all times be subject to the rules of the Corporation.

Debts due by and payable to the Society.

7. All debts and liabilities of the Society existing at the time of the coming into operation of this Act shall be paid by the Corporation hereby constituted and all debts due to and subscriptions and contributions payable to the Society shall be paid to the Corporation for the purposes of this Act.

How seal of the Corporation is to be affixed.

8. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of three members of the Executive Committee 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.

Corporation may hold property movable and immovable.

9. The Corporation shall be able and capable in law to take and hold any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise and all such property shall be held by the Corporation for the purposes of this Act and subject to the rules in force for the time being of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Property remaining on dissolution.

10. If upon the dissolution of the Corporation there remains, after the satisfaction of all debts and liabilities, 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 distributing 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 the dissolution of the Corporation.

Saving of rights of the Republic and others.

11. Nothing in this Act contained shall prejudice or affect the rights of the Republic or of any body politic or corporate or of any other persons, except such as are mentioned in this Act, and those claiming by, from or under them.