Ceylon Hotel School Graduates Association (Incorporation)



Ceylon Hotel School Graduates Association (Incorporation)
AN ACT TO INCORPORATE THE CEYLON HOTEL SCHOOL GRADUATES ASSOCIATION
Preamble.

WHEREAS an association called and known as the ” Ceylon Hotel School Graduates Association “, has heretofore been established in Sri Lanka for the purpose of effectually 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 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:

[6th June
, 1984
]
Short title.

1. This Act may be cited as the Ceylon Hotel School Graduates Association (Incorporation) Act, No. 21 of 1984.

Incorporation of the Ceylon Hotel School Graduates Association.

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

General objects of the Corporation.

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

(a) to increase the sense of fellowship amongst the Graduates of the Ceylon Hotel School both with one another and the Hotel School;

(b) to render assistance for the benefit of the Ceylon Hotel School;

(c) to assist in the development of tourism; and (d) to render assistance for the welfare of the Ceylon Hotel School Graduates.

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 whatsoever 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.

5.

(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by an Executive Committee consisting of such number of 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 Association holding office at the time of the coming into operation of this Act.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by the votes of not less than two-thirds of the members entitled to vote, to make rules, not inconsistent with the provisions of this Act, for the admission, withdrawal, retirement or expulsion of members and 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 be subject to the rules of the Corporation.

Debts due by and payable to the Association.

7. All debts and liabilities of the Association existing at the time of coming into operation of this Act shall be paid and discharged by the Corporation and all debts due to and subscriptions and contributions payable to the Association shall be paid to the Corporation.

Application of income and property of the Corporation.

8. The income and property of the Corporation shall be applied solely towards the promotion of the objects of the Corporation and no portion thereof shall be paid or transferred directly or indirectly by way of dividend, bonus or otherwise by way of profit, to the members of the Corporation:Provided, however, that the provisions of this section shall not prevent

(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 rendered to the Corporation ;

(b) the repayment of expenses incurred by any member, officer or employee of the Corporation in the performance of his functions or duties or in promoting the objects of the Corporation.

Corporation may hold property-movable and immovable.

9. The Corporation shall be capable in law to take over 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 of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Liability of members of the Corporation.

10. No member of the Corporation shall, for the purpose of discharging the debts and liabilities of the Corporation, be liable to make any contribution exceeding the amount of such annual subscription as may be due from him to the Corporation and an additional sum of not more than fifty rupees.

How the seal of the Corporation is to be affixed.

11. The seal of the Corporation shall not be affixed to any instrument whatsoever except by the authority of a resolution of the Executive Committee and except in the presence of two members of the Executive Committee duly authorized for the purpose by the 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 remaining on dissolution.

12. 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 or in default thereof, by a court within the local limits of whose civil jurisdiction the whole or any part of such property is held or situated. If such property or any part thereof cannot be disposed of in accordance with the provisions of this section such property or part shall be applied to some charitable purpose.

Saving of the rights Republic and others.

13. 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.