METHODIST TRUST ASSOCIATION



METHODIST TRUST ASSOCIATION
AN ORDINANCE TO INCORPORATE A METHODIST TRUST ASSOCIATION OF CEYLON.
Preamble.

Whereas it is proposed and thought expedient to incorporate a Methodist Trust Association of Ceylon with perpetual succession and a common seal and with full power to acquire, purchase, take, hold, enjoy, or lease movable and immovable property on behalf of the people called Methodists in Ceylon in connexion established by the late Reverend John Wesley of England, Master of Arts, and to do and perform all such acts in respect of and concerning and affecting such property as a private individual would do and perform if he held the same in trust for the said society or church, and to sell or otherwise dispose of the same where necessary:

Be it therefore enacted by the Governor of Ceylon, with the advice and consent of the State Council thereof, as follows:-

Ordinance Nos,
54 of 1935
[18th December
, 1935
]
Short title.

1. This Ordinance may be cited as the Methodist Trust Association of Ceylon Ordinance.

interpretation.

2. Unless anything shall appear in the context or subject repugnant thereto or inconsistent therewith, the expression-

(a) ” the said church” shall mean the church or Christian society in Ceylon called the Methodist Church, Ceylon, composed of Christians in the connexion established by the late Reverend John Wesley A.M. of England and shall include all members thereof at present in the two districts into which as regards the activities and organization of the work of the said church the Island of Ceylon is divided, namely:-

(i) the North Ceylon District embracing and including the Northern Province, the North-Western Province, the Southern Province, the Central Province, and the Provinces of Sabaragamuwa and Uva or in any other district which may hereafter be formed within the Island ;

(ii) the South Ceylon District embracing and including the Western Province, the North-Central Province and the Eastern Province ;

(b) ” the said association ” shall mean the members of the Methodist Trust Association of Ceylon appointed by the Provincial Synod of the Methodist Church in Ceylon in manner hereinafter appointed;

(c) ” the Provincial Synod ” shall mean the annual synod composed of delegates, lay as well as ministerial, chosen by the District Synods of the districts afore mentioned and held in accordance with the constitution, law, or custom of the said church ;

(d) ” the District Synod ” shall mean the annual synod composed of lay representatives and ministers held at present in either of the two districts or in any other district hereinafter to be formed in accordance with the constitution, law, or custom of the said church ;

(e) ” the chairman of the Provincial Synod ” shall mean the chairman of the said Provincial Synod for the time being until he shall have been relieved of the chairmanship of the Provincial Synod of the following year by the chairman elected for the sessions of the Provincial Synod of such following year ;

(f) ” the chairman of the South Ceylon District” shall mean the chairman of the Synod of the South Ceylon District and shall include his deputy, if any, appointed in accordance with the law, custom, and constitution of the said church;

(g) “the chairman of the North Ceylon District” shall mean the chairman of the Synod of the North Ceylon District aforesaid and shall include his deputy, if any, appointed in accordance with the law, custom, and constitution of the said church ;

(h) ” standing committee ” shall mean the committee appointed by the Provincial Synod of the Methodist Church in Ceylon to act for the said Provincial Synod between two sessions of the said synod.

Incorporation.

3. The Reverend Edwin Middleton Weaver, The Reverend Arthur Stanley Beaty, The Reverend Nathaniel Kathirithamby Nalliah, The Reverend George Alfred Fernando Senaratna, The Reverend Samuel George Mendis, Mr. Wesley Duraiappa Niles, Dr. Henry Isaac Fernando, Mr. Bertie Ebenezer de Pinto, Mr. Llewellyn Solomon Fernando, and Mudaliyar George Washington Rasiah Vallipuram are hereby incorporated under the name of “The Methodist Trust Association of Ceylon ” and they and their successors to be appointed in the manner hereinafter to be provided shall for ever hereafter be associated together as the Methodist Trust Association of Ceylon with perpetual succession and a common seal and shall have full power and authority to hold, acquire, purchase, accept, take, take on lease and enjoy movable and immovable property of every description and to sell, mortgage, alienate, lease, or otherwise dispose of or deal with the same and by that name to sue and be sued in all Courts of Justice and to do, perform and exercise all acts which a private individual may, can, or shall, do, perform or exercise in the pursuance of his right as an owner or lessee or holder of such property and shall be empowered to lend its name and act as a trustee in respect of any endowment or funds of the said church and to borrow money where the necessity arises with or without the security of its own property.

Constitution.

4. The said Methodist Trust Association of Ceylon shall be composed of ten members who shall be appointed annually by the Provincial Synod of the Methodist Church of Ceylon and of the said ten members not less than three shall be ministers serving in the South Ceylon District or any district which shall in the future organization of the activities of the church take its place and not less than three shall be laymen within the said district and not less than two shall be ministers serving in the North Ceylon District or any district which shall in the future organization of the activities of the church take its place and not less than two shall be laymen therefrom. One out of the five ministerial members of the said trust association shall be the chairman of the Provincial Synod for the year.


They shall hold office until the next Provincial Synod which shall be holden after such appointment-

Tenure of office of original members..

5. The persons mentioned in section 3 and hereby incorporated shall hold office till the session of the Provincial Synod of the Methodist Church next to be holden after the commencement of this Ordinance.

Election of members..

6. (1) The District Synods of the South Ceylon District and the North Ceylon District shall, at the annual District Synods to be holden in each year in the month of January or as soon thereafter as possible, elect the representatives, both ministerial and lay, from each district who shall be six in number from the South Ceylon District and four in number from the North Ceylon District and such synods shall nominate such persons to the Provincial Synod of the Methodist Church of Ceylon to be holden in the same year for election as members of the said trust association and to form the same for the year and upon the appointment of such members or of other members in the discretion of the Provincial Synod they shall thereupon be and from the said association from the day of such appointment until the next session of Provincial Synod aforesaid at which the members for the ensuing year shall be elected in manner aforesaid

(2) The appointment of such members to form the said association under the hand of the chairman of the sessions of the Provincial Synod shall be conclusive proof of their appointment and authority.

Acts of association not invalidated by vacancies in membership.

7. No act of the said Methodist Trust Association shall be rendered invalid or of no force or avail in law nor shall the Said trust association cease to exercise the powers or to discharge the duties devolving on it merely because there is a vacancy created in the said association by reason of the death or absence from Ceylon or mental disability of any member thereof unless more than half of the members shall have either died or left Ceylon or become mentally incapable of acting as members of the said association in which case the Standing Committee of Provincial Synod shall have the power and they are hereby empowered to elect members to fill the vacancies which have occurred; and the appointment of any such member to fill any such vacancy shall continue in force from the day of his appointment till the date of the next Provincial Synod

Supervisory control of Provincial Synod.

8. The said Methodist Trust Association shall be responsible to the Provincial Synod of the methodist Church of Ceylon ; but this provision shall not be deemed to interfere with the provisions of any particular trust under which any property movable or immovable shall be held by the said trust association or curtail the powers or authority of the trust association thereunder or under section 3.

In the interval between any two sessions of the Provincial Synod, the chairman of the Provincial Synod in consultation with the standing committee is hereby empowered to act for and in the name of the Conference in giving orders and directions to the trust association.

Power to hold property.

9. The Methodist Trust Association of Ceylon shall have power to hold, possess, and use property both movable and immovable and whether in possession, expectancy, remainder, reversion or otherwise and to allow itself to be nominated and appointed and to act as trustees for any fund, endowment, bequest, legacy, or trust for the use of the said church.

Rules.

10.

(1) It shall be lawful for the said association from time to time at any general meeting of the members of the association and by a majority of votes to make rules for the transaction of business and the procedure to be observed at meetings of the association and generally for the management of the affairs and the accomplishment of the objects of the association.

(2) All members of the said association shall at all times be subject to the rules for the time being of the association.

Appointment of secretary.

11 The said trust association shall, every year or as often as it may be convenient, appoint a secretary who shall have the power to call meetings whenever necessary; and at such meetings the President, if present, shall preside,

Office and seal.

12. The said trust association shall have the said an office and the common seal of the said association shall be in the custody of the President and shall not be affixed to any instrument or document except in the presence of three at least of the members of the said trust association who shall sign their names on the instrument or document in token of their presence and such signing shall be independent of the signing of any person who may sign the instrument as a witness.

Saving of the rights, of the Crown and others.

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 any other persons, except such as are mentioned in this Ordinance and those claiming by, from, or under them.

Chapter 336, Volume No.10, Page No.652.