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Short title.
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1. This Act may be cited as the Institute of Mass Communication (Incorporation) Act, No. 55 of 1998.
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Incorporation of the Institute of Mass communication
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2. From and after the date of commencement of this Act, such and so many persons, as now are members of the Institute of Communication (hereinafter called and referred to as “the Institute”) shall 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 “Institute of Mass Communication”, 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 its pleasure.
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General objects of the Corporation.
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3. The general objects for which the Corporation is constituted are-hereby declared to be-
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(a) to foster, promote and advance, the art, science, profession and practice, of mass communication in all its aspects ;
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(b) to raise and uphold the interests, dignity, welfare, rights and professional of those engaged in the field of mass communication;
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(c) to make available where necessary and upon request professional scientific and systematic opinion advice and guidelines in the area of mass communication to the government of Sri Lanka and other bodies in Sri Lanka.
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(d) to foster promote and advance mass communication by establishing and maintaining research training and educational institutions;
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(e) to intimate promote and conduct educational and training programmes and examination in the field of mass communication;
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(f) to publish and promote the publishing of books and other printed material in the field of mass communication and the related subjects.
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(g) to secure and manage funds and endowments for the benefit of those in the field of mass communication; and
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(h) generally to do so all such acts and things as are necessary for , or incidental or conductive to the carrying out or the attainment of the objects of the institute.
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Management of the affairs of the corporation.
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4.
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(1) The affairs of the corporation shall subject to the rules in force for the time being of the corporation be administered by a committee of management constituting of-
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(b) two vice-president a secretary-general an assistant secretary general and treasurer and four other members who shall be elected in accordance with the rules of the corporation in force for the time being.
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(2) The first Committee of Management of the Corporation shall be the members of the Committee of Management of the Institute holding office on the day preceding the date of commencement of this Act.
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Rules of the Corporation,
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5.
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(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the members and by a majority of not less than two-thirds of the members present and entitled to vote to make rules not inconsistent with the provisions of this Act or any other written law, for the admission, expulsion or withdrawal of members, for the election of members of the Committee of Management, for the conduct of the duties of the Committee of Management and of the various officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business at meetings of the Corporation and the Committee of Management and otherwise generally, for the management of the affairs of the corporation and the attainment of its objects. Such rules when made may at a like meeting, and in like manner, be altered, added to, amended or rescinded.
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(2) Every member of the Corporation shall at all times be subject to the rules in force for the time being of the Corporation.
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(3) No rules of the Corporation for the time being in force nor any rule which may hereafter be passed, shall be altered, added to, amended or rescinded except by the votes of two-thirds of the members present and voting at a general meeting of the Corporation :
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Provided however, that no such alteration, addition, amendment or rescission shall have effect unless approved by the Committee of Management of the Corporation.
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(4) The rules of the Institute in force on the day preceding the date of commencement of this Act shall be deemed to he the rules of the Corporation made under this section in so far as they are not inconsistent with the provisions of this Act or any other written law.
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Accounts of the Corporation.
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6.
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(1) The Committee of Management of the Corporation shall cause proper books of account to be kept of the income and expenditure of the Corporation.
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(2) The accounts of the Corporation shall be audited by a qualified auditor appointed by the Committee of Management of the Corporation.
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(3) In this section, “qualified auditor” means”
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(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 practise as an Accountant issued by the Council of such Institute ; or
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(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, possesses a certificate to practise as an Accountant issued by the Council of such Institute.
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Powers of the Corporation to acquire property and raise money.
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7.
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(1) The Corporation shall be able and capable in law to acquire by purchase, gift, bequest, grant, devise, disposition, exchange or in any other manner, and to hold, any movable or immovable property and to dispose of any such property acquired or held by the Corporation.
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(2) The Corporation shall have the power to borrow or raise money necessary for the furtherance of its objects on any security and to secure the discharge of any debt or obligation of the Corporation in such manner as may be deemed fit.
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(3) The Corporation may raise funds and receive subscriptions, grants, donations, and gifts in cash or kind.
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(4) All property movable and immovable, acquired or held by the Corporation and all moneys paid to or received by the Corporation under this Act or rules made there under shall be held, used and applied by the Corporation in accordance with it’s rules, for the furtherance of its objects.
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Seal of the Corporation.
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8. The seal of the Corporation shall be kept in the custody of the executive President of the Corporation and shall not be affixed to any instrument whatsoever, except in the presence of the executive President and any officer of the Corporation authorized in that behalf in accordance with the rules in force for the time being 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.
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Fund of the Corporation.
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9.
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(1) The Corporation shall have its own fund and all moneys heretofore or hereafter received by way of gift, bequest, 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 Committee of Management of the Corporation shall determine.
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(2) There shall be paid out of the funds all sums of money to defray any expenditure incurred by the Corporation in the exercise, performance and discharge of its powers, duties and functions under this Act.
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Application of income and property, of the Corporation.
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10. The income and property of the Corporation howsoever derived shall be applied solely towards the promotion of the objects as set forth herein, 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.
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Debts due by and payable to the Institute to be paid to the Corporation.
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11. All debts and liabilities of the Institute existing on the day preceding the date of commencement of this Act shall be paid and discharged by the Corporation and all debts due to, and subscriptions and contributions payable to, the Institute on that day shall be paid to the Corporation for the purposes of this Act.
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Liabilities of members of the corporation.
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12.No member of the corporation shall for the purpse of discharging and liabilities of the corporation or for any other purpose, be liable to make any contribution towards discharging such debts and liabilities exceeding the amount of such annual subscription as may be due from him to the corporation.
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Property remaining on dissolution.
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13. If upon the dissolution of the corporation there remains after the satisfication of all its 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 Institute or Institutes having objects similar to those of the Corporation, and which is or are by the rules thereof prohiboted from distributing any income or property among its or heir members,Such institute or Institutions shall be determined by the members of the Corporation at or immediately before the dissolution of the Corporation.
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Saving of the rights of the Republic and others .
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14. Nothing in this Act contained shall prejudice or affect, the rights of the Republic, or of any body politic or corporate or off any other persons,except such as are mentioned in this Act and those claiming by, from, or under them.
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Sinhala text to prevail in case of inconsistency.
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15. In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.
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