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Short title.
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1. This Act may be cited as the North Lanka College of Medical Practitioners (Incorporation) Act, No. 45 of 1988.
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Incorporation of the North Lanka College of Medical Practitioners.
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2. From and after date of commencement of this Act, such and so many persons as now are members of the College known as the North Lanka College of Medical Practitioners (hereafter referred to as ” the College “) or shall hereafter admitted as members of the Corporation hereby constituted, including the founder members shall be and become a Corporation with perpetual succession under the name and style of ” The North Lanka College of Medical Practitioners” (hereinafter referred to as “the Corporation “) and by that name shall and 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 will and 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 undertake or assist others m taking training courses or other educational activities designed to enhance the knowledge and skill of medical practitioners, dentists, nurses medical laboratory technologists, radiographers, pharmacists and other paramedical personnel :
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(b) to encourage the carrying on by medical practitioners and medical students, of research into medical matters, with a view to improve the standard of medical services in any field, and to undertake or assist others in undertaking such research having regard to the special needs of and the economic resources available in Sri Lanka ,
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(c) to encourage the publication by medical practitioner, of original work on medical or scientific subjects connected with medical practice,
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(d) to establish, maintain, manage and administer an institution for the purpose of providing, or promoting, courses of study and facilities for education, instruction and training of, medical practitioners, students preparing to qualify as medical practitioners, or persons employed, or qualifying to be employed, as para medical personnel, in hospitals, dispensaries, clinics, laboratories or similar institutions which have been established to assist medical practitioners in providing medical, surgical and health services ;
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(e) to construct, equip and maintain, libraries and other buildings for the administrative, instructional, residential or any other purpose of the Corporation ;
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(f) to co-op crate with other bodies not formed for profit, in all matters relating to or connected with, the attainment of the objects for which the Corporation is established ;
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(g) to collaborate with recognised under-graduate and post-graduate medical training centres abroad, and with the Post-Graduate Institute of Medicine (established by Ordinance No. 1 of 1980, and in accordance with the provisions of the Universities Act, No. 16 of 1978), for the provision of course of study leading to the award of graduate and post-graduate degrees:
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(h) to negotiate, and arrange, teacher exchange programmes with institutions in Sri Lanka and abroad :
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(i) to do all such other acts and things as may be necessary for or conducive to the attainment and promotion of the objects of the Corporation :
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Provided however, that the objects for which the Corporation is established and the powers incidental there to shall be subject to the following pro- visions namely-
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(i) the Corporation shall not support with its funds any object or endeavour to impose on, or procure to be observed by, its members or others any regulation, restriction or condition, which if it were an object of the Corporation would make it a trade union ;
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(ii) the Corporation shall not attempt, directly or indirectly, to secure the passing of legislation to the effect that the passing of any examination under the aegis of the Corporation, shall be a qualification to act as a registered medical practitioner;
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(iii) the Corporation shall in carrying out the objects set out in this section be subject to any other written law for the time being in force
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Council of the Corporation.
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4.
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(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 Council of the Corporation consisting of such office-bearers and other members as may be provided for in such rules and elected in accordance therewith.
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(2) The founder members of the college whose names are set out in the Schedule to this Act shall be deemed to be the members of the First Council of the Corporation and shall hold office until the first annual general meeting of the Corporation is held after the date of commencement of this Act
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Register of members.
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5.
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(1) The Council of the Corporation shall cause to be kept a register in which every person who on the date of commencement of this Act is a member of the Corporation, and every person there after duly admitted a member of the Corporation hereby constituted, shall have his name inscribed.
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(2) The register shall contain the following particulars:
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(a) The name and address of each member ;
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(b) The dates on which the member obtained his professional qualifications and other degrees :
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(c) The date on which the name of the member was inscribed in the register ; and
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(d) The date on which any person ceased to be a member.
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Power to make Rules.
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6.
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(1) It shall be lawful for the Corporation, from time to time, at any general meeting of the members and by the votes of not less than two-thirds of the members present and voting to make rules, not inconsistent with the provisions of this Act or any other written law, for the admission, withdrawal or expulsion of members, for the conduct of the duties of the Council of the Corporation and of the various officers, agents and servants of the Corporation, and otherwise generally for the management of the affairs of the Corporation and the attainment of its objects. Such rules may at a like meeting and in like manner be altered, added to, amended or rescinded.
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(2) The rules of the College in force on the day immediately preceding the date of commencement of this Act, shall, in so far as they are not inconsistent with the provisions of this Act or any other written law, be deemed to he rules made by the Corporation and may be altered, added to, amended or rescinded, in accordance with the provisions of subsection (1).
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(3) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.
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Accounts of the Corporation.
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7.
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(1) The Council of the Corporation shall cause proper accounts to be kept of all sums of money received and expended by the Corporation, and the accounts of the Corporation shall be examined and audited once at least every year, and the correctness of the income and expenditure account and balance sheet certified by one or more duly qualified auditor or auditors.
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(2) In this section. ” qualified auditor” means
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(a) an individual who, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law, possesses a certificate to practise as an Accountant issued by the Council of such Institute; or
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(b) a firm of Accountants each of the resident partners of which, being a member of the Institute of Chartered Accountants of Sri Lanka, or of any other Institute established by law. possesses a certificate to practise as an Accountant issued by the Council of such Institute.
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Debts due by and payable to the College,
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8. All debts and liabilities of the College existing on the day preceding the date of commencement of this Act shall be paid by the Corporation hereby constituted, and all the debts due to. and subscriptions and contributions payable to, the College on the said day shall be paid So the Corporation.
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Application of moneys and property.
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9. The moneys and property of the Corporation, whatsoever derived, shall be applied solely towards the promotion of its objects as setforth herein and no portion thereof shall be paid or transferred directly or indirectly, by way of dividend, bonus or otherwise howsoever, by way of profit, to the members of the Corporation.
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Power of Corporation to hold property
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10. The Corporation shall be able and capable in law to acquire and hold either as beneficial owner or trustee or otherwise, any property, movable or immovable, upon, or by , virtue of, any instrument of purchase, grant, gift, or lease, or upon or by virtue of any testamentary disposition or otherwise, subject to written law for the time being in force relating to movable and immovable property 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 of the Corporation or otherwise for the purposes of and upon the trusts, and subject to the conditions in the relative instrument or disposition contained, with full power (subject always to the provisions of any written law relating to trusts and of the relative instrument or disposition) to sell, mortgage, lease, exchange or otherwise dispose of encumber or charge the same.
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Power to acquire property invest funds, raise loans etc.
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11. Subject to the provisions of this Act or any other written law, it shall be lawful for the Corporation
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(a) to purchase, acquire, rent, construct and otherwise obtain lands, or construct buildings which may be required for the purposes of the Corporation and may lawfully be acquired for those purposes and to deal with, or dispose of, the same as it may deem expedient with a view to promoting the objects of the Corporation ;
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(b) to invest any funds not immediately required for the purposes of the Corporation in such manner as the Corporation may think fit, and from time to time, to vary one transpose any such investments;
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(c) to raise, or borrow, money for the purposes of the Corporation on any security and to secure or discharge any debt or obligation of the Corporation in such manner as it may think fit;
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(d) to accept gifts or grants intended for the promotion of the objects of the Corporation;
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(e) to subscribe, or guarantee, money for any charitable purpose; and
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(f) to undertake, accept, execute, perform and administer, any lawful trusts and conditions affecting any real and personal property held, or owned, or to be held, or owned, in trust for the Corporation or any other charitable association, institution, society or body and any other charitable trusts.
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Seal of the Corporation.
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12. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of two members of the Corporation who shall sign their names on 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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Limitation of liability of members.
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13. No member of the Corporation shall, for the purpose of discharging the debts, and liabilities of the Corporation, or for any other purpose, be liable to make any contribution exceeding the amount of such annual membership fees as may be due from him to the Corporation.
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Property remaining on dissolution.
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14. If upon the dissolution of the Corporation there remains, after the satisfaction of all its debts and liabilities. any property whatsoever, such property shall not be distributed among the members of the Corporation, but shall be given or transferred to some other Institution or Institutions having objects similar to the objects of the Corporation, and which is or are, by the rules thereof prohibited from distributing any income or property among its, or their, members such institution or institutions shall be determined by the members of the Corporation at or immediately before the lime of the dissolution of the Corporation. If such property or any part thereof cannot be disposed of in accordance with the provisions of this section, such property or part thereof shall be applied to some charitable object which shall be determined by the members of the Corporation.
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Saving of the rights of the Republic and others,
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15. Nothing in this Act contained shall affect or be deemed to affect the rights of the Republic or of any body politic or corporate or any other persons except such as are mentioned in this Act and those claiming by, from or under them.
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Schedules
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