Kandy Friend-in-need Society

Kandy Friend-in-need Society

AN ACT TO INCORPORATE THE KANDY FRIEND-IN-NEED SOCIETY

Preamble.

WHEREAS a Society called and known as the “Kandy Friend-in-Need Society” has heretofore been established, in or about the year 1837, at Kandy in Sri Lanka 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 carried out and transacted successfully 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 enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :

[13^th January
, 1984 ]

Short title.

1. This Act may be cited as the Kandy Friend-in-Need Society (Incorporation) Act, No. 2 of 1984.

Incorporation of the Kandy Friend-in-Need Society-

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Kandy Friend-in-Need Society (hereinafter referred to as ” the Society “) 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 “Kandy Friend-in-Need Society” 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.

General objects of the Corporation.

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

(a) to discourage vagrancy and mendicancy ;

(b) to ascertain, by personal visits and inquiry, cases of distress and destitution and provide relief by donation or otherwise;

(d) to take any other measures that may be possible for relieving or preventing destitution and want; and

(e) to do all other acts and things as are conducive or incidental to the attainment of the above objects.

General powers of the Corporation.

4. Subject to the provisions of this Act and any other written law, the Corporation shall have power to do, per form and execute all such acts, matters and things what so ever, as are necessary or desirable for the promotion and 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 money 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 Corporation.

(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Council 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 Council of the Corporation shall be the Council of the Society holding office at the time of the coming into operation of this Act.

Board of Trustees.

(1) The custody of all immovable property of the Corporation shall, subject to the rules of the Corporation, be vested in a Board of Trustees consisting of such number of persons to be elected in accordance with the rules of the Corporation.

(2) The first Board of Trustees of the Corporation shall be the Board of Trustees 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 any general meeting of the Corporation and by the votes of not less than two-thirds of the members present and voting, to make rules, not inconsistent with the pro visions of this Act, for the admission, withdrawal or expulsion of members, for the election of office-bearers, the Council and Board of Trustees, for the conduct of the duties of the office-bearers, the Council, the Board of Trustees and 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 be subject to the rules of the Corporation.

Debts due and payable to the Society.

8, All debts and liabilities of the Society existing at the time of the 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 Society shall be paid to the Corporation for the purposes of this Act.

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.

How the seal of the Corporation is to be affixed.

10. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of three of the members of the Council 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.

Saving of the rights of the Republic and others.

11. 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.