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Short title.
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1.This Act may be cited as the Institute of Western Music and Speech (Incorporation) Act, No. 44 of 1988.
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Incorporation of the Institute or Western Music and Speech.
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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 Association of Teachers of Western Music and Speech (here- after in this Act referred to as the ” Association “) or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate with perpetual succession under the name and style of the ” Institute of Western Music and Speech ” (hereafter in this Act 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 use a common seal and to 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 promote the study and performance of different aspects of Western Music, Speech and Drama;
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(b) to establish and maintain an Academy in Sri Lanka, for the study of Western Music, Speech and Drams, to grant scholarships and exhibitions for such study and to encourage the study of Western Music, Speech and Drama;
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(c) to foster and encourage bonds of friendship and understanding among teachers of Western Music and Speech;
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(d) to take action on matters affecting the interests of the members of the Institute;
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(e) to conduct examinations to ascertain competence in Western Music, Speech and Drama and to grant certificates of competence :
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(f) to regulate professional activities with a view to ensuring the maintenance of high professional standards by its members ;
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(g) to provide the Government; professional bodies and other persons or bodies, the opportunity of conferring with, and ascertaining the views of, the Corporation in matters relating to Western Music, Speech and Drama ;
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(h) to foster co-ordination with similar Institutions in Sri Lanka and in other countries in furthering the objects of the Corporation.
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General powers of the Corporation.
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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 powers to open, operate, and close bank accounts, to borrow or raise moneys, with, or without security, to invest its funds, and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.
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The management of the affairs of the Corporation.
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5.
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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 Council of such persons as may be provided for in such rules and elected in accordance
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(2) The first Council of the Corporation shall be the Council of the Association 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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6.
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(1) It shall be lawful for the Corporation from time to time, at any annual general meeting or special general meeting and by the votes of two-thirds of the members present and voting to make rules not inconsistent with the provisions of this Act, or any other written law for the management of the affairs of the Corporation and for the accomplishment of its objects. Such rules when made may at a like meeting and in like manner, be altered, added to, amended or rescined.
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(2) The rules of the Association in force on the day preceding the date of commencement of this Act, shall be deemed to be 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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(3)The members of the Corporation shall be subject to the rules of the Corporation.
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Powers to hold 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 and hold any movable or immovable property by purchase, gift, devise, bequest, exchange or, any other manner 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 moneys necessary for the furtherance of its objects, and for the purpose of securing the money so borrowed or raised to create execute, grant or issue, any mortgages, bonds or obligations and to invest its funds in such manner as may be necessary or expedient for the furtherance of Us objects.
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(3) All property movable or immovable acquired, or held, by the Corporation and all moneys paid to, or received by the Corporation under this Act or under the rules in force shall be held, used, and applied by the Corporation in accordance with such rules.
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Power to charge fees and subscriptions.
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8. The Corporation shall be able and capable in law to charge-
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(a) such fees as the Corporation may deem reasonable for admission to any examination conducted by the Corporation;
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(b) fees for election of persons to any class of membership of the Corporation; and
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(c) such subscriptions and fees from members as the Corporation may deem reasonable in respect of services provided by the Corporation to such members.
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Debts due by and payable to the Association.
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9. All debts and liabilities of the Association existing on the day immediately preceding the date of commencement of this Act shall be paid or discharged by the Corporation ; and all debts due to, and subscriptions and fees payable to, the Association on that date shall be paid to the Corporation.
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Accounts of the Corporation.
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10.
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(1) The Council of the Corporation shall cause proper books of accounts to be kept of the income and expenditure, debts and liabilities and all other financial transactions of the Corporation.
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(2) The accounts of the Corporation shall be audited by a qualified auditor appointed at the annual general meeting.
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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, possess a certificate to practise as an Accountant issued by the Council of such Institute.
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How the seal of the Corporation is to be affixed.
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11. The Seal of the Corporation shall not be affixed to any instrument, whatsoever, except in the presence of the president, a vice-president and one other office-bearer,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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Saving of the rights of the Republic and others.
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12. Nothing in this Act contained shall prejudice or affect the rights of the Republic or any body politic or corporate or any other persons, except such as are mentioned in this Act and those claiming by from, or under, them.
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