Short title.
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1. This Ordinance may be cited as The Law Society Ordinance.
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Incorporation of the Law Society of Ceylon.
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2. With effect from the commencement of this Ordinance, the president, vice-presidents and members of the council for the time being of the Law Society of Ceylon and such and so many persons as now are or may hereafter be members of the said society shall be a corporation under the name of ” The Incorporated Law Society of Ceylon “, and in that name shall have perpetual succession and shall and. may sue and be sued, and shall have full power and authority to have and use a common seal and to change and alter the same at their pleasure.
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The society hereby incorporated is hereinafter referred to as ” the society “.
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General objects of the society.
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3. The general objects for which the society is constituted are hereby declared to be –
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(a) to maintain correct and uniform practice and discipline among the members of the profession of proctors in their capacity as proctors, or as notaries, or as both ;
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(b) to establish, regulate, and maintain libraries, pension and benefit schemes and other financial arrangements, for the benefit of its members and their dependants ;
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(c) to consider, represent and express the opinion of its council or members, and to collect and circulate information, relating to legislative or other measures affecting the civil or criminal law of Ceylon;
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(d) generally to protect and promote the interests and welfare, rights and privileges of the profession of proctors in Ceylon and of the public in relation to that profession ;
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(e) to discharge and perform such functions” and duties as may be conferred or imposed upon the society or any committee thereof by any other written law.
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Council of the society.
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4.
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(1) The affairs of the society shall, in accordance with the by-laws in force for the time being of the society, be administered by a council consisting of the president the vice-presidents and other members elected by the society in accordance with the by-laws.
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(2) The first council shall consist of the following persons : –
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S. J. C. Kadirgamar, President,
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H. de S. Kularatne |
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G.T Hale |
Vice-Presidents, |
E. M. Karunaratne |
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E. G. Jonklaas |
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S. R. Ameresekera |
D. C. Wiratunga
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K. T. Chittampalam N |
A. M. Saheed |
. J. V. Cooray |
Anthony J. M. de Silva |
C. M. G. De Saram |
T. C. Rajaratnam |
Fred De Saram |
C. R. Tambiah |
Felix De Silva |
J. F. Ponnambalam |
George H. Gratiaen |
J. Austin Cooray |
D. H. N. Jayamaha |
H. A. de Abrew |
P. D. A. Mack |
J. A. W. Kannangara |
A. C. Mohammado |
E. Ashley Peries |
George R. Motha |
J. H. Fernando |
Merrill W. Pereira |
M. A. S. Marikar |
J. M. Pereira |
A. S. Karunaratne |
B. J. St. V. Perera |
V. R. Wikramatilleka |
S. Ratnakaram |
P. Tambiraja |
F. Rustomjee |
D. A. B. Ratnayake |
H. C. J. Rustomjee |
F. J. A. Ponrajah |
C. Sevaprakasam |
B. R. G. Wijeyekoon |
S. Somanathan |
W. Balasuriya |
S. Somasunderam |
S. Samarasinghe |
S. Nata Raja |
H. de Z. Siriwardene |
L. V. B. de Jacolyn Seneviratne |
S. K. Wijayaratnam |
N. S. Rasiah |
P. P. Sumanatilake |
K. T. E. de Silva |
Lyn S. Fernando |
T. C. P. Fernando |
F. A. C. Tirimanne |
T. Fred Blaze |
M. Esurapadham |
S. C. Shirley Corea |
C. Thanabalasingham |
S. D.. Karunaratne |
L. E. David |
M. W. R. de Silva |
M. A. W. Gunasekera |
D.P. Attapattu |
D. Rajaratnam |
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Power to make by-laws.
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5.
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(1) It shall be lawful for the society from time to time, in general meeting of the society and by a majority of the votes of the members present and voting, to make by-laws for the admission, resignation, suspension or expulsion of members; for the Position of fines and forfeitures for breaches of by-laws ; for the conduct of the duties of the council and of the various officers, agents and servants of the society ; for the procedure in the transaction of business ; and otherwise generally for the management of the affairs of the society and the accomplishment of its objects.
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(2) The by-laws set out in the Schedule * [* Schedule omitted under section 6 (1) of the Revised Edition of the Legislative Enactments Act.] to this Ordinance shall be deemed to have been made under subsection (1) and shall, subject to the provisions of subsection (3), be for all purposes the by-laws of the society.
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(3) The by-laws in the Schedule * [* Schedule omitted under section 6 (1) of the Revised Edition of the Legislative Enactments Act.] or any of them, or any other by-law made by the society under subsection (1) may be altered, added to, amended, or rescinded in general meeting of the society, by a majority of votes of the members present and voting thereat.
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Power to acquire property.
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6.
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(1) The society shall be able and capable in law to acquire by purchase, gift, devise, bequest, or exchange or in any other manner, and to hold and enjoy in perpetuity or for any lesser term, subject to any express trust or otherwise, any property, movable or immovable, of any nature or kind whatsoever.
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(2) All debts and liabilities of the Law Society of Ceylon existing at the date of the commencement of this Ordinance shall be deemed to be debts and liabilities of the society hereby incorporated, and all debts, subscriptions, contributions and fines due or payable to the said Law Society of Ceylon at the date aforesaid shall be due and payable to the society hereby incorporated.
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Annual grant by Government to the society.
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7. The Government shall make to the society, out of the Consolidated Fund,1 a grant of fifty thousand rupees per annum. The amount of the grant shall be paid to the society on or before the thirtieth day of September in each year, commencing in the year 1947.
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Application of property, moneys, &c.
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8. All property movable and immovable acquired or held by the society, and all moneys paid to or received by the society under this Ordinance or the by-laws shall be held, used and applied by the society in accordance with the by-laws, for the furtherance of its objects ; and subject to such by-laws, the society shall have power, from time to time, to sell, grant, convey, devise, assign, exchange or otherwise dispose of or mortgage any such property, and to invest its funds in such manner as may be necessary or expedient for the furtherance of its objects.
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Disciplinary-committees.
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9.
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(1) For the purposes of the constitution of disciplinary committees for holding inquiries required by the Supreme Court under section 17A of the Courts Ordinance to be held into complaints of misconduct against proctors or proctor-notaries, there shall be appointed in the manner hereinafter set out a panel consisting of not more than seven members of the society.
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(2) A person shall be eligible for appointment to the panel aforesaid if, but only if, he is a member of the society and is nominated for such appointment by the society in general meeting by a majority of the votes of the members present and voting thereat.
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(3) The names of the persons so nominated shall be submitted to the Chief Justice who shall have power, in his absolute discretion, to appoint members to the panel from among the persons so nominated, to appoint one of such members to be the chairman of the panel, and to reject any such nomination without reason stated.
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(4) Every person appointed to the panel shall be a member thereof for a period of three years from the date of his appointment, unless he is earlier removed therefrom by the Chief Justice acting in his absolute discretion, or earlier vacates the office by resignation or by ceasing to be a member of the society. Every member of the panel who vacates office as such by effluxion of time shall be eligible for renomination and re appointment.
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(5) Any casual vacancy in the panel may be filled in accordance with the provisions of subsections (2) and (3).
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(6) Where any inquiry is required under section 17A of the Courts Ordinance to be held by a disciplinary committee, the Chief Justice, after consultation with the chairman of the panel, shall appoint three persons from among the members of the panel to constitute the disciplinary committee for the purposes of the inquiry, and shall appoint one of them to be the president of that committee.
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The seal of the society to be affixed.
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10. The seal of the society shall not be affixed to any instrument whatsoever except in the presence of at least two 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.
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Saving as to rights of Her Majesty and others.
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11. Nothing in this Ordinance contained shall prejudice or affect the rights of Her Majesty the Queen, Her Heirs and Successors, or any body politic or corporate, or of any other persons, except such as are mentioned in this Ordinance and those claiming by, from, or under them.
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