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Short title.
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1. This Act may be cited as the Makola Muslim Orphanage (Incorporation) Act, No. 19 of 1983.
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Incorporation of the Makola Muslim Orphanage.
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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 Makola Muslim Orphanage (hereinafter referred to as ” the Orphanage”) and such other persons as shall hereafter be admitted members of the Corporation hereby constituted, shall be and become a body corporate, with perpetual succession under the style and name of ” The Makola Muslim Orphanage ” (hereinafter 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 to use a common seal and to change and alter the same at its pleasure,
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General objects of the Corporation.
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3. The general objects of the Corporation are hereby declared to be
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(a) to love, foster and cherish needy Muslim orphans according to the tenets of Islamic Sharieth;
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(b) to promote the Islamic way of life amongst such orphans by imparting religious knowledge to them ;
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(c) to educate such orphans ;
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(d) to construct, maintain, manage, establish and promote orphanages, homes, hospitals, dispensaries, clinics, vocational and secular training centres to house and serve such orphans until they find meaningful employment;
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(e) to collect funds and to accept endowments and building materials for the construction of orphanages and homes and the maintenance thereof from benefactors in Sri Lanka and abroad; and .
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(f) to do all such other acts and things as are incidental or conducive to the accomplishment of the above objects or any of them.
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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 power to open, operate and close a current or other account in any bank or banks, being an account which does not involve accretion of interest on any sums deposited in any such account, and to engage, employ and dismiss personnel required for the carrying out of the objects of the Corporation.
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Board of Management of the Corporation.
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5.
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(1) The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of Management consisting of the Office-bearers and such other persons as may be provided for in such rules and elected in accordance therewith.
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(2) The first Board of Management of the Corporation snail be the Board of Management of the Orphanage holding office at the time of coming into operation 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 at any general meeting specially convened for the purpose with at; least two weeks notice to the members, and by a majority of not less than two-thirds of the whole number of its members (including those not present) to make rules, not inconsistent with the provisions of this Act, for the admission, withdrawal, or expulsion of members, for the conduct of the duties of the Board of Management and of the various officers, agents and servants of the Corporation, for the procedure in the transaction of business, and otherwise generally for the management of the affairs of the Corporation and the accomplishment of its objects.
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(2) Any rule of the Corporation may be altered, added to, amended or rescinded in like manner as a rule may be made under subsection (1).
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(3) All members of the Corporation shall be subject to the rules of the Corporation.
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Debts due by and payable to the Orphanage.
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7. All debts and liabilities of the Orphanage existing at the time of the coming into operation of this Act shall be paid by the Corporation hereby constituted, and all debts due, and moneys and contributions payable, to the Orphanage shall be paid to the Corporation for the purposes of this Act.
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How the seal of the Corporation to be affixed.
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8. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the President or, in the absence of the President, a Vice-President, and an Honorary Joint Secretary 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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Corporation may hold property movable and immovable.
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9. The Corporation shall be capable in law to take and hold any property, movable or immovable, which may be come 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 (subject to any trust attaching to such property and to the law regulating such trusts) to sell, let, lease, exchange, or otherwise dispose of the same :
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Provided, however, that every intended purchase, sale, disposition or alienation (inclusive of lease or exchange) of immovable property by the Corporation shall be carried out only with the prior, approval of the Board of Management obtained by a majority of votes of two-thirds of the members of the Board present and voting at a duly convened meeting for that purpose.
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Saving of the rights of the Republic and others.
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10. Nothing in this Act contained shall prejudice or affect the rights of the Republic, or any body politic or corporate, or of any other persons, except such as are mentioned in this Act and those claiming by, from or under them.
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