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Short title.
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1. This Act may be cited as the National Council for Mal Health-‘ Sahanaya’ (Incorporation) Act, No. 11 of 1986.
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Incorporation of the National Council for Mental Health -‘ Sahanaya’.
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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 National Council for the Welfare of the Mentally Disturbed (hereinafter referred to as ” the Council”) , or shall hereafter be admitted members of the Corporation hereby constituted, shall be and become a body corporate (hereinafter referred to as “the Corporation”) with perpetual succession under the style and name of the” National Council for Mental Health-‘ Sahanaya’ “, and by that name may sue and be sued in all courts, with full power and authority to have and use a common seal and alter the same at their pleasure.
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General objects of the Corporation.
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3. The general objects of the Corporation shall be to promote ways and means of social rehabilitation of persons who have suffered mental illness, by means of
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(a) establishing and maintaining institutions such as Day Care Centers and Homes under the guidance of professionally qualified persons;
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(b) encouraging, helping and participating in carrying out programmes of scientific research in the sphere of rehabilitating the mentally sick;
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(c) promoting the exchange of trained persons between nations;
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(d) providing, promoting and encouraging the education of the public, with particular emphasis on the rehabilitation of the mentally sick, and the methods to be adopted to combat such disease and to foster their interest and enlist their co-operation in such measures;
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(e) seeking the support and the assistance of the Government, any organizations local or international, ‘and well-wishers in the rehabilitation programmers established as part of the treatment of the mentally sick;
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(f) collaborating with the Government or with any local authority or any authority in Sri Lanka to elsewhere in any project or undertaking with the same aim and object; and
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(g) providing facilities for, and assistance to patients or their dependents for continued care and rehabilitation.
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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 faith 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 moneys with or without security, to receive or collect grants and donations, to invest its funds, and to engage, employ and dismiss personnel required for the carrying out of the objects of the Corporation.
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Management of the affairs of the Corporation.
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5.
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(1) The affairs of the Corporation shall, subject to the rules of file Corporation, be administered by a Management Committee consisting of such number of parasol!” as may be provided for in such rules and elected in accordance therewith.
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(2) The first Management Committee of the Corporation shall be the Management Committee of the Council horn: office at the time of the coming into operation of this Act.
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Board of Trustees,
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6.
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(1) There shall be a Board of Trustees who shall be appointed by the Management Committee and who shall perform their duties and discharge their functions in accordance with the rules of the Corporation. Every Trustee shall hold office until death or resignation or removal from office by a resolution of the Corporation.
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(2) Where any Trustee dies or resigns or is removed from office, his successor shall be appointed by the Management Committee.
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(3) The first Board of Trustees of the Corporation shall be the Board of Trustees of the Council holding office at the time of the coming into operation of this Act.
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Rules of the Corporation,
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7.
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(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, for all or any of the following matters:-
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(a) the classification of membership and the admission, withdrawal or expulsion of members;
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(b) the election of the members of the Management Committee and the office-bearers, the resignation or vacation of, or removal from, office as members of the Management Committee or as office-bearers and their powers, conduct and duties;
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(c) the appointment of the members of the Board of Trustees and their powers, conduct and duties;
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(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;
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(e) the procedure to be observed at, and the summoning, and holding of, meetings of the Management Committee and the Board of Trustees, the times, places, notices and agenda of such meetings, the quorum thereof and the conduct of business thereat ;
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(f) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts;
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(g) the opening of Bank Accounts and the operation of such Accounts; and
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(h) generally the management of the affairs of the Corporation and the accomplishment of its objects,
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(2) Any rule made by the Corporation may be amended, altered, added to 011 rescinded at a like meeting and in like manner as a rule may be made under subsection (1) provided that any such amendment, alteration, addition or rescission shall have received the prior approval of the Management Committee.
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(3) The members of the Corporation shall be subject to the rules of the Corporation.
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Debts due by and pestle to the Council.
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8. All debts and liabilities of the Council existing at the time of the coming into operation of this Act shall be paid and discharged by the Corporation, and all debts due to and subscriptions and contributions payable to the Council shall be paid to the Corporation for the purposes of this Act.
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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 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 in force 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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How the seal of the Corporation is be affixed
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10. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of three members of the Board of Trustees 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 of the rights of the Republic and others.
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11. 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.
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