Board Of Trustees Of The Al Hassaniyyah Arabic College Trust (Incorporation)



Board Of Trustees Of The Al Hassaniyyah Arabic College Trust (Incorporation)
AN ACT TO INCORPORATE THE BOARD OF TRUSTEES OF THE AL HASSANIYYAH ARABIC COLLEGE TRUST
Preamble.

WHEREAS by an Indenture and Declaration of Trust bearing No. 876 dated August 26, 1979, and attested by M. S. M. Hassen, Notary Public, a Trust called and known as the Al Hassaniyyah Arabic College Trust was created by Abdul Rahuman Mohammadu Azuhar of Undugoda for the purpose of perpetuating the functioning of the Arabic College or Madrasah called and known as the Al Hassaniyyah Arabic College at Undugoda, subject to the terms and conditions set out in the said Indenture and Declaration of Trust (herein after referred to as “the Deed of Trust”) :

AND whereas the Trustees named in the Deed of Trust have applied to be incorporated in accordance with the provisions hereinafter set out, 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:-

[21st June
, 1985
]
Short title.

1. This Act may be cited as the Board of Trustees of the Al Hassaniyyah Arabic College Trust (Incorporation) Act, No. 26 of 1985.

Incorporation of the Board of Trustees of the Al Hassaniyyah Arabic College Trust

2. From and after the date of commencement of this Act, the persons specified in the Schedule hereto who are the present Trustees of the Al Hassaniyyah Arabic College Trust (hereinafter referred to as “the Trust”) and their successors shall be and are hereby constituted a body corporate under the name and style of ” The Board of Trustees of the Al Hassaniyyah Arabic College Trust” (hereinafter referred to as ” the Board”) 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.

Object of the Board.

3. The object for which the Board is incorporated shall be to perpetuate the functioning of the Al Hassaniyyah Arabic College (hereinafter referred to as “the College”) for the teaching of the following subjects to Muslim students : –

(a) the Arabic Language, its Grammer, Literature, Prose, Poetry and other ancillary subjects to enable students to acquire a complete knowledge and command of, and proficiency in, the Arabic language;

(b) the” Shariath ” or the code of Islamic laws according to “Fikh “, “Thafseer” and” Hadeeth” and other ancillary subjects in the Arabic language;

(c) the” Hifdhul Quran” or the recital from memory of the” Holy Quran ” according to “Thajweed ” or proper intonation; and

(d) other ancillary subjects in the Arabic medium that would help students to acquire a comprehensive knowledge in anyone or all of the subjects referred to in paragraphs (a), (b) and (c) :

Provided always that the subjects referred to in this section shall be taught in the College exclusively according to “Sunnath Wal Jamaath” only.

Powers of the Board.

4. For the purpose of the efficient administration, management and control of the Trust and the proper functioning d the College, the Board shall subject to the provisions of this Act and any other written law –

(a) raise funds or receive grants, gifts or donations in cash or kind whether from local or foreign sources;

(b) acquire in any manner whatsoever and hold, take or give on lease or hire, sell Or otherwise dispose of, any movable or immovable property: Provided, however, that the Board shall not sell any property belonging to the Trust which is Wal property;

(c) invest the funds of the Trust in such investments as are likely to bring better income or profit to the trust, and to recall, reinvest or vary any such investment;

(d) engage, employ and remunerate lecturers, teachers, officers and servants, and exercise disciplinary control over them;

(e) open, operate and close bank accounts, and borrow or raise money, with or without security; and

(f) do, perform and execute all other acts and things as are necessary or desirable for the proper functioning of the Trust.

Mode and manner of the appointment of successors.

5. The appointment of a successor to the Board in the event of there occurring a vacancy in the membership of the Board for any reason whatsoever, shall be in accordance with the mode and manner set out in the Deed of Trust.

Rules.

6.

(1) It shall be lawful for the Board from time to time to make rules not inconsistent with the provisions of this Act for all or any of the following matters : –

(a) the appointment of lecturers, teachers, administrative staff and other employees;

(b) the opening of bank accounts, and the operation of such accounts;

(c) the administration and management of the property of the Trust, the custody of its funds and maintenance and audit of its accounts; and

(d) generally the management of the affairs or the Trust and the accomplishment of its objects.

(2) Any rule made under subsection (1) may be amended, added to, or rescinded.

Seal of the Board.

7. The seal of the Trust shall not be affixed to any instrument whatsoever except in the presence of two members of the Board who shall sign the instrument in token or their presence, and such signing shall be independent of the signing of any person as a witness.

Saving of the rights of the Republic and others.

8. 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.

Schedules