Leprosy Association of Sri Lanka Law
A LAW TO INCORPORATE THE LEPROSY ASSOCIATION OF SRI LANKA. Preamble.
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WHEREAS an Association called and known as the Leprosy Association of Sri Lanka has heretofore been established in Sri Lanka for the purpose of effectually carrying out and transacting all matters connected with the said Association according to the rules agreed to by its members:
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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:
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BE it enacted by the National State Assembly of the Republic of Sri Lanka as follows: –
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Short title.
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1. This Law may be cited as the Leprosy Association of Sri Lanka Law, No. 21 of 1974.
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Incorporation of the Leprosy Association of Sri Lanka.
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2. From and after the date of commencement of this Law, the members for the time being of the Leprosy Association of Sri Lanka (hereinafter referred to as the ” Association “) and such and so many persons as shall after that date be admitted members of the said Association shall be a body corporate with perpetual succession under the name ‘The Leprosy Association of Sri Lanka” (hereinafter referred to as ” the Corporation “) and may, by the said name, sue and be sued in all courts, and shall have full power and authority to 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 assist in every possible way in the prevention and control of leprosy in Sri Lanka;
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(b) to collaborate with the Government or with any Local Government authority or any other association in Sri Lanka or abroad on any project or undertaking with the same aims and objects;
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(c) to communicate information concerning the causes, symptoms and signs, prevention and. treatment of the disease;
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(d) to inform the public of measures undertaken to combat the disease and to foster their interest and to enlist their co-operation in carrying out such measures;
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(e) to provide facilities for giving assistance to patients and their dependants and, for the rehabilitation of patients; and
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(f) to assist in every possible way in research work connected with the prevention and. control of the disease.
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The Council.
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4. The affairs of the Corporation shall be administered by an executive body called the Council, composed of the office-bearers of. the Association; such other members as may be provided by the rules of the Corporation and such number of persons with such qualifications and exercising such powers and for such periods as may be provided by the said rules.
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Debts due and payable to Corporation.
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5. All debts and liabilities of the Association existing at the time of the coming into operation of this Law shall be paid by the Corporation hereby constituted, and all debts due to and subscriptions payable to the Association shall be paid to the Corporation for the purposes of this Law,
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Power of the Corporation to hold property.
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6. The Corporation shall be able and capable in law to receive and to hold property, both movable and immovable, which may be 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 Law and subject to the rules for the time being of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.
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Seal of the Corporation.
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7. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the General Secretary and a member of the Council of the Association duly authorized for the purpose by 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.
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Power to make rules.
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8. It shall be lawful for the Corporation from time to time, to make, subject to the provisions of sections 9 and 10, rules for the admission, withdrawal or expulsion of members, for the conduct of the duties of the Council and of the various officers, agents and servants of the Association, for the procedure to be observed at meetings, for the transaction of the business of the Association, for the administration and management of the property of the Association, for the determination of the subscription payable by members and the collection of such subscriptions, and otherwise generally for the management of the affairs and the accomplishment of the objects of the Association.
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Rules in the Schedule to be the rules of the Corporation,
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9. The rules set out in the Schedule to this Law shall for all purposes be the rules of the Corporation: Provided, however, that nothing in this section contained shall be held or be construed to prevent the Corporation at all times hereafter from making fresh rules or from altering, amending or adding to the existing rules or to rules which are hereafter made by the Corporation.
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Amendment &c. of rules.
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10. No rule in the Schedule to this Law shall be altered, added to, amended, or rescinded and no rule shall hereafter be made, except on a special resolution of which not less than, eight clear days’ notice has been given, and unless such resolution has been passed by the majority votes of two-thirds of the members present and voting at a general meeting of the members of the Association,
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Saving of rights of the Republic and others.
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11. Nothing in this Law 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 Law and those claiming by, from, or under them.
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SCHEDULETHE CONSTITUTION AND RULES OF THE LEPROSY ASSOCIATION OF SRI LANKA
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Name.
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1. The name of the Association shall be the Leprosy Association of Sri Lanka.
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Nature.
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2. The Association shall consist of persons who take an active interest in the prevention and control of leprosy and assist financially, by service or in any other way towards such prevention and control.
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Aims and objects.
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3. The aims and objects of the Association shall be-
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(a) to assist in every possible way in the prevention and control of leprosy in Sri Lanka;
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(b) to collaborate with the Government or with any Local Government authority or any other association in Sri Lanka or abroad on any project or undertaking with the same aims and similar objects;
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(c) to communicate information concerning the causes, symptoms and signs, prevention and treatment of the disease;
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(d) to inform the public of measures undertaken to combat the disease and to foster their interest and to enlist their co-operation in carrying out such measures;
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(e) to provide facilities for giving assistance to patients and their dependants and for the rehabilitation of patients; and
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(f) to assist in every possible way in research work connected with the prevention and control of the disease.
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Membership.
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4. The Association shall consist of-
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(a) all persona whose names are presently entered in the register kept for the purpose; and
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(b) such other persons whose names are hereafter entered in the register in any of the following categories of membership: –
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(i) Honorary Members-Any person who by virtue of his services in furthering the objects of the Association, appears to the Council to be deserving of recognition, may be invited to become an Honorary Member of the Association without any further qualification whatsoever.
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(ii) Life Members-Any person who makes a contribution of Rs. 100 or more shall be eligible at the discretion of the Council for election as a Life Member of the Association.
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(iii) Ordinary Members-Any person who makes a minimum contribution of Rs. 10 per annum towards the Association’s funds may at his request be registered as an Ordinary Member at the discretion of the Council and continue as such on payment of a minimum contribution of Rs. 10 per annum.
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Patrons and Vice-Patrons.
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5.
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(a) Subject to his consent, His Excellency the President of the Republic shall be the Patron of the Association.
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(b) Subject to their consent, the Honourable the Prime Minister, the Honourable the Minister of Health and the Honourable the Minister of Social Services shall be the Vice-Patrons of the Association.
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Religious Advisory Council.
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6. The Association may take steps to appoint a Religious Advisory Council comprising of religious dignitaries and other prominent personalities representing religious organizations or groups.
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Office bearers.
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7.
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(a) All Office-bearers shall be over the age of twenty-one years and be members of the Association. They shall be elected at the Annual General Meeting. They shall automatically retire each year but shall be eligible for re-election, provided they are not in arrear of subscriptions.
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(b) The Office-bearers of the Association shall consist of: –
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(ii) not more than five Vice-Presidents,
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(iii) the Chairman of the Council,
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(v) the Honorary Secretary,
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(vi) the Honorary Treasurer,
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(vii) the Honorary Assistant Secretary,
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(viii) the Honorary Assistant Treasurer.
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Council.
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8.
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(1) The Association shall be governed by an administrative Council, which shall consist of:
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(2)
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(a) Ex officio Members-The office-bearers of the Association shall be the ex officio members of the Council.
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(b) Elected Members-There shall be not more than fifteen members of the Association elected to the Council at each Annual General Meeting for a period of one year but shall be eligible for re-election.
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(c) Nominated Members-The following public officers may, with the sanction of their respective Ministers, be nominated to serve on the Council: –
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(i) the Director of Health Services or his representative,
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(ii) the Medical Officer in charge of the Anti-Leprosy Campaign,
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(iii) the Director of Social Services or his representative,
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(iv) representatives of other Departments as may be determined by the Council, not exceeding five in all,
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(v) representatives of:
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(a) affiliated Associations;
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(b) organizations engaged in the prevention and control of leprosy;
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(c) other Social Welfare Organizations;
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(d) persons interested in the objects of the Association.
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(3) The Council shall meet at least once a month and shall be empowered to take all or any such steps as it may deem necessary or desirable to carry out the aims and objects of the Association. The Chairman shall convene a meeting with in twenty-one days of the receipt of a written requisition addressed to him and signed by not less than five members of the Council, and stating the business to be dealt with at such meeting. The Chairman may also convene meetings of the Council whenever the business of the Association, in his opinion so demands.
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(4) The Council shall have power to fill any casual vacancy among the Office-bearers and the elected members arising from any cause whatsoever during the period between one Annual General Meeting and the next following Annual General Meeting, Office-bearers or members of the Council elected to fill casual vacancies shall hold office until the next Annual General Meeting following their election.
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(5) The Chairman shall preside at all meetings of the Council and in his absence the Vice-Chairman shall preside. In their absence the meeting shall elect its own Chairman.
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(6) The Council shall have power to appoint or engage or discontinue such officers and employees as it may deem necessary for the carrying out of the aims and objects of the Association and shall fix their remuneration and terms and conditions of service.
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Finance.
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9.
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(a) The financial year of the Association shall commence on 1st January and terminate on 31st December of each year.
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(b) All monies received on account of subscriptions, bequests, donations, sale of rules, brochures and other publications, interest on investments and on any other account shall be applied in carrying out the objects of the Association according to the rules hereof.
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(c) The funds of the Association may on the direction of the Council be invested in any of the following, that is to say, the National Savings Bank, or in the public funds, in the purchase of land or in the erection or alteration of offices or other buildings thereon or in any investment for the time being by law authorized for investment of trust funds.
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(d) The Council may purchase or take on: lease any land and may sell, exchange, mortgage, lease or build upon such land, and shall be empowered to alter, repair, maintain or dismantle any building and to rebuild the same. All transactions relating to such property and investments shall be in the name of the Trustees of the Association.
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(e) If so authorized by a resolution passed at a meeting of the Council the Chairman may borrow money for the purpose of the Association’s business. The resolution shall state whether security is to be given for the money borrowed, and, in the event, shall specify what the nature of the security shall be; and shall if necessary, authorize the Trustees to execute any document that may be required for such purpose:
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Provided that the document to be so executed shall first be approved by the Council which shall whenever necessary obtain legal advice.
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(f) Operation of Account.-The bank account of the Association shall be operated by the Honorary Treasurer or the Honorary Assistant Treasurer and any one of the following: –
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(iii) the Honorary Secretary, or
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(iv) the Honorary Assistant Secretary.
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(g) An Auditor or Auditors shall be elected annually at the Annual General Meeting at such fee as may be fixed by the Council. The Auditor shall audit the accounts of the Association submitted by the Honorary Treasurer as soon as possible after the close of the financial year and shall present the audited accounts to the Council.
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Trustees.
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10.
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(a) There shall be elected from among the members of the Association at an Annual General Meeting of the Association three Trustees each of whom shall hold office for a period not exceeding five years unless he in the meantime ceases to be a member or otherwise becomes incapable of holding office due to death or incapacity or is removed from office by resolution passed at an Annual or Special General Meeting.
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(b) The Trustees duly elected under the provisions of this rule shall hold the property of the Association, except monies in banks and in hand, in trust for the Association. They shall not be entitled to deal with such property and the income derived therefrom, except on a direction from the Association which shall be accompanied by a copy, duly certified by the Chairman and Secretary of the meeting, of the resolution relating to the trust property which shall have been passed at a General Meeting of the Association.
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(c) In the event of any Trustee being discharged from his office or ceasing to hold his office by virtue of cessation of membership, death, resignation, or other cause, the remaining Trustees shall be entitled to perform validly their duties as Trustees pending the election at an Annual or Special General Meeting of the Association of a new Trustee in place of the Trustee who so ceases to be a Trustee.
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(d) The title to such property shall devolve in accordance with the provisions of section 113 of the Trusts Ordinance (Cap. 87) read with any other law in force at the time.
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Committees.
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11. The Council may appoint such Committees as it may from time to time deem necessary or desirable for special purposes and shall assign to each such Committee such of its functions and duties, and may delegate such of its powers as it deems necessary for such Committee to carry out the purposes for Which it was appointed. The Committee may appoint its own Chairman. Membership of any Committee appointed by the Council need not be restricted to members of the Council. The Council may delegate to any Committee the power to co-opt further members to that Committee, and may, at its discretion, limit the number of members that may be so co-opted, Subject to any directions that may be given to it by the Council, each Committee shall regulate its own procedure.
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Honorary Secretary.
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12.
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(a) The Honorary Secretary shall attend all meetings of the Association and of the Council and shall keep the minutes of the proceedings of the Council Meetings and of any General or Special Meeting of the Association.
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(b) He shall send out notices convening the monthly meetings of the Council and any special meeting when requested so to do and shall record correctly the names of the officials and members present at each such meeting in a book to be authenticated by the signature of the Chairman.
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(c) He shall receive and deal with all applications for admission to the membership of the Association as required by these rules or by the Council and shall maintain the register of members.
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(d) He shall act in accordance with the directions given to him by the Chairman or the Council or the Association in general meeting and in regard to his day to day activities he shall act under the supervision, control and direction of the Chairman.
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(e) He shall keep in his custody the register of members, minutes book and other documents and movable property of the Association. Whenever required by a resolution of the Council or by the Chairman or his successor in office the Honorary Secretary shall deliver custody of the same as directed.
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(f) The Honorary Secretary may with the approval of the Chairman of the Council delegate all or any of his functions or duties to the Honorary Assistant Secretary. The Honorary Assistant Secretary shall also act for the Honorary Secretary in his absence.
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Honorary Treasurer
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13.
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(a) The duties of the Honorary Treasurer shall be: –
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(i) to receive and use as directed by the Council ail moneys and other property of the Association, and to keep proper accounts and records thereof.
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(ii) to prepare and submit a monthly statement to the Council on the financial position of the Association, and
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(iii) to prepare and submit an Annual Statement of Accounts to the Council.
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(b) The Honorary Treasurer may with the approval of the Chairman of the Council delegate all or any of his functions or duties to the Honorary Assistant Treasurer. The Honorary Assistant Treasurer shall also act for the Honorary Treasurer in his absence.
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General Meetings.
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14.
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(a) Annual General Meeting.-The Annual General Meeting of the Association, of which at least two weeks’ notice shall be given, shall be held as far as possible not later than the thirtieth day of June in each year at which-
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(i) the Council’s Report and Audited Accounts for the preceding financial year shall be submitted;
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(ii) the Office-bearers and Council Members shall be elected; and
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(iii) any other business as may be determined by the Council shall be transacted. The President shall preside at all Special and Annual General Meetings. In his absence, a Vice-President shall preside. In the absence of the President and the Vice-President the meeting shall elect its own Chairman.
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(b) Special General Meeting.-The Council may at its discretion convene Special General Meetings of the Association for the transaction of urgent business; and shall convene such •meeting within one month of the receipt of a written request addressed to the Honorary Secretary and signed by not less than twenty members of the Association. Such request shall state the nature of the business to be transacted at the meeting and not less than fifteen days’ notice of such meeting shall be given. In the event of the Honorary Secretary failing to call a meeting within the time specified above, the members who made the request shall be entitled to call a meeting and transact the business of which they had given due notice.
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(c) The quorum for all General Meetings of the Association shall be twenty members present in person, provided that in the event of there being no quorum, the meeting shall stand adjourned for a period of fourteen days and on the fourteenth day the business stipulated in the earlier Agenda may be transacted by the Council irrespective of the number of members present.
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Affiliated associations.
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15. The Council shall have the power to affiliate associations having similar objects as the Leprosy Association of Sri Lanka, and shall prescribe from time to time the fees to be paid by such affiliated associations.
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Matters not provided for.
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16. In the event of any question or matter arising which is not specifically provided for by these ‘rules or in the event of any ambiguity or uncertainty in their interpretation, the Council’s decision on such question or matter shall be final and conclusive.
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Amendment of Constitution and Rules.
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17. No addition to. or deletion or amendment of, this Constitution or any Rule shall be made except on a special resolution of which not less than eight clear days notice shall have been given, and which resolution shall have been passed by a majority of not less than two-thirds of the members present and voting at a Special General Meeting of the Association duly convened for the purpose.
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Indemnity.
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18. Every Office-bearer of the Association shall be indemnified out of the funds of the Association against any liability incurred by him in any proceedings, whether civil or criminal in respect of any act or omission, provided he shall at all times have acted in good faith in the belief that he was so doing for the benefit, and in the interests, of the Association.
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