Markaz Al Islami islamic Centre(Incorporation)



Markaz Al Islami islamic Centre(Incorporation)
AN ACT TO INCORPORATE THE MARKAZ AL ISLAMIC CENTRE
Preamble,

WHEREAS an Association called and known as the “Markaz Al Islam Islamic Centre Jamath” has heretofore been formed at Matale for the purpose of effectually carrying out and transacting all objects and matters connected with the said Association, according to the rules agreed to by its members :

AND WHEREAS the said Association has heretofore successfully carried out and transacted the several objects and matters for which it was formed and has applied to be incorporated and it will be for the public advantage, to grant the application:

BE it therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :

[24th August
, 1993
]
Short title.

1. This Act may be cited as the Markaz Al Islami Islamic Centre (Incorporation) Act. No. 39 of 1993.

Incorporation of the Markaz Al lslami-Islamic Centre.

2. From and after the date of commencement of this Act, such and so many person as now are members of the Markaz Al Islami Jama’ath (hereinafter referred to as the ” Markaz “) or shall hereafter be admitted as members of the Corporation hereby constituted shall be a body corporate (hereinafter referred to as the ‘Corporation”) with perpetual succession, under the name and style of ” Markaz Al Islami-Islamic Centre ” and by that name may sue, and be sued, 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 foster among the Muslim Ummah as envisaged by Islam, a spirit of Islamic brotherhood and to promote their educational, social and economic welfare ;

(b) to promote patriotism- inter-communal amity and understanding among the Muslim Ummah while respecting the life styles and beliefs of fellow-human beings and safeguarding their rights and privileges;

(c) to guide Muslims towards the practical observance of Islam, and to provide accommodation and all other necessary facilities for their religious, cultural, educational and social activities and to maintain a Trust Fund for the purpose ;

(d) to set up institutions for primary and secondary education with emphasis on religious education :

(e) to set up and maintain a fully equipped library and promote the study of Islam ;

(f) to promote the study of Arabic language, whilst encouraging also, the study of English, Sinhala and Tamil;

(g) to promote the principles set out in the Universal Islamic Declarations;

(h) to organize a ” Janaza Committee” to arrange for the funeral rights of poor Muslims ; widows in Iddat and orphans, to arrange Nikah, Kathna ceremonies medical care and housing for the disadvantaged and to collect, allocate and distribute, Zakah to those entitled to it as prescribed by Islam; and

(i) to engage in such other activities as are incidental or conducive 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 the power to do, perform and execute all such acts, matters and things 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 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 officers and servants required for the carrying out of the objects of the Corporation,

Corporation may hold property movable or immovable.

5. The Corporation shall be able and capable in law to acquire 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 for the time being in force of the Corporation, and it shall have power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Committee of management.

6.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation made as hereinafter provided, be administered by a Committee of Management consisting of the President, the three Vice-Presidents, the two Secretaries, the Treasurer and eight other members, to be elected in accordance with the rules in force for the time being of the Corporation.

(2) The first Committee of Management shall consist of the following:

Fuardeen Hassim Esq., (President),

H. A. Hanan Esq.. (Vice-President).

A. Latheef Esq., (Vice-President),

M. S. Siraiudeen Esq. (Vice-President) ,

M. Tameem Sahib Esq., (Joint Secretary),

A. M, M. Jamaldeen
Esq., (Joint Secretary),

H, M. M. Zahir Esq., (Treasurer),

I. L. M. Anver Esq.,

M. J. M. Shafeek Esq.,

A. L. Abdul Azeez Esq., M. Idris Esq.,

M. L. A. Rahim Esq.,

A. L. M. Saleem Esq.-

M. Jabardin Esq., and

M. M. Nazir Esq.

Rules of the corporation.

7.

(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by a majority of not less than two-thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act or other written law, for all or any of the following matters:

(a) the classification of membership and the admission, withdrawal or expulsion of members ;

(b) the election of the office-bearers, the resignation or vacation of, or removal from office of office-bearers and their powers, conduct and duties;

(c) the election of the members of the Committee of Management and its powers, conduct and duties ;

(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;

(e) the procedure to be observed at, and the summoning, and holding of, meetings of the Committee of Management, the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;

(f) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts; and

(g) generally, for the management of the affairs of the Corporation and the accomplishment of its objects.

(2) Any rule made by the Corporation may be amended, altered, added to, or descended at a like meeting and in like manner as a rule made under subsection (1).

(3) The members of the Corporation shall be subject to the rules of the Corporation.

Debts due by and payable to the Markaz.

8– All debts and liabilities of the “Markaz” existing on the day preceding the date of commencement of this Act, shall be paid by the Corporation and all debts due to and subscriptions and contributions payable to the “Markaz” on that day shall be paid to the Corporation for the purposes of this Act.

Seal of the Corporation.

9. 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 the 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,

Saving of the rights of the Republic and others.

10. Nothing in this Act 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 Act, and those claiming by, from, or under, them.

Sinhala text to prevail in case of inconsistency.

11– In the event of any inconsistency between the Sinhala and Tamil texts of this Act the Sinhala text shall prevail.