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Short title.
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1. This Ordinance may be cited as the Planters’ Benevolent Fund Ordinance.
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Standing committee of, and members of the association known as, “The Planters’ Benevolent Fund of Ceylon ” to be a corporation.
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2. From and after the passing of this Ordinance the standing committee for the time being of the said association, and such and so many persons as now are or shall hereafter become members of the said association, shall be and become a corporation with continuance for ever under the name of ” The Planters’ Benevolent Fund of Ceylon”, and by that name shall or may sue and be sued in all courts, and shall have full power and authority to have and to use a common seal, and change and alter the same at their will and pleasure. Members shall consist of persons of European birth who are or have been members of the planting community of Ceylon, and who are or have been annual subscribers to or patrons of the fund.
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Objects for which the corporation is constituted.
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3. The general objects for which the corporation is constituted are hereby declared to be the relief of necessitous persons of European birth who are or have been members of the planting community in Ceylon and of the wives, widows, and children of any such persons.
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Administration of the affairs of the corporation.
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4. The affairs of the corporation shall, subject to the rules made as hereinafter provided, be administered by the standing committee for the time being of the said association.
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Constitution of the standing committee.
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5. Such standing committee shall consist of the chairman, the deputy chairman, and secretary of the Planters’ Association of Ceylon, the chairman for the time being of the several District Planters’ Associations of Ceylon, one member from and elected by each of such district associations, provided that they are members of the corporation, and all patrons of the fund who are entered on the roll of the corporation as such, or of such of the above-mentioned persons as may for the time being be members of the corporation.
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Powers and rights of the standing committee.
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6. The standing committee shall, subject to the provisions of this Ordinance and of any rules made under section 15, have full power and authority generally to govern, direct, and decide all matters whatsoever connected with the control and administration of the funds of the said association and the accomplishment of the objects thereof : Provided that the said standing committee shall not exercise any powers which are by this Ordinance or by any rules made under section 15 declared to exercisable by the corporation in general meeting ;
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Provided also that no rule made by the corporation in general meeting shall invalidate any prior act of the said standing committee which would have been valid of such rule had not been made.
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Appointment of executive committee by the standing committee.
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7 The standing committee shall have power to appoint annually an executive committee consisting of the chairman and secretary and one other member of the standing committee to deal with all cases of emergency which may arise between the meetings of the standing committee.
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President and chairman of the corporation and chairman of standing committee.
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8. The chairman for the time being of the Planters’ Association of Ceylon shall be president and chairman of the said corporation and chairman of the said standing committee :
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Provided that if the chairman for the time being of the Planters’ Association of Ceylon should not be a member of the corporation, or be unwilling to act as president and chairman of the corporation or chairman of the standing committee, a person appointed by the corporation at a special general meeting convened for the purpose shall be president and chairman as aforesaid.
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Secretary and treasurer to the corporation.
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9. The secretary for the time being of the Planters’ Association of Ceylon shall be secretary and treasurer to the said corporation :
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Provided that if the secretary for the time being of the Planters’ Association of Ceylon should not be a member of the corporation, or be unwilling to act as secretary and treasurer to the corporation, a person pointed by the corporation at a special general meeting convened for the purpose shall be the secretary and treasurer to the corporation.
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Treasurer to keep accounts and make disbursements.
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10. The treasurer shall receive and keep account all the moneys and funds belonging to the corporation, and shall pay all sums voted in respect of applications for relief by the standing committee, and, with the sanction of such committee, all expenses incurred in connexion with the management and control of the moneys and funds of the said corporation. He shall also prepare and submit bi-monthly to the said standing committee an account of the transactions of the corporation.
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Meetings of standing committee, when to be held.
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11. Meetings for the transaction of the business of the said standing committee shall be held on the same dates as the ordinary (bi-monthly) meetings of the committee of the Planters’ Association of Ceylon, and the chairman or secretary shall on the requisition of five members of such committee call a special meeting of the committee for the transaction of such business as shall be mentioned in. the requisition.
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Quorum of standing committee and casting vote of chairman.
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12. Five members of the standing committee shall constitute a quorum, and the chairman shall have a casting vote, in addition to his own original vote.
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Standing committee to cause to be kept a register of members.
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13. The standing committee shall cause a register to be kept in which every person who at the date of the passing of this Ordinance is a member of the said association, and every person thereafter duly admitted a member of the corporation hereby constituted, shall have his name inscribed, together with the amount of his subscription or donation.
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Standing committee to cause books of account to be kept.
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14. The standing committee shall also cause proper books of account to be kept, which shall be open at all reasonable times to the inspection of members of the corporation.
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Corporation to make rules to administer funds, for conduct of business, for management of affairs of corporation, &c.
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15. It shall be lawful for the corporation from time to time at any general meeting of the members and by a majority of votes to make rules for the control and administration of the funds of the corporation, for the conduct of the duties of the standing committee, 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. Such rules when made may at a like meeting be altered, amended, or cancelled, subject, however, to the requirements of section 19 :
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Provided no rule or alteration, amendment, or cancellation of any rule shall have effect until the same is subsequently confirmed in general meeting. Notice of such confirmation shall be published in the Gazette, and hereupon the same shall be as valid and effectual as if it had been herein enacted.
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General meetings of the corporation.
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16.
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(1) The secretary upon the request of the standing committee or upon the written requisition of five or more members of the corporation shall call a general meeting.
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(2) No general meeting shall be held unless the quorum of members prescribed by the rules be present, and unless at least ten days’ notice specifying the time and place of such meeting and the purpose for which it is to be held has been given by advertisement in two of the local English newspapers, or in such other manner as may be required by any rule made by the corporation, and no business shall be brought before or transacted at such general meeting other than the business specified in such notice.
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Annual general meeting of corporation when to be held, and business to be transacted thereat.
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17.
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(1) An annual general meeting of the members the corporation shall be held on the same day as the annual general meeting of the Planters’ Association of Ceylon in each year, when there shall be submitted a balance sheet, a statement of assets and liabilities, and an account of receipts and disbursements during the previous twelve months, all of which shall be prepared by the treasurer and duly audited.
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(2) Such statement and account shall be examined the correctness of the balance sheet ascertained by one or more auditors to be elected by the corporation general meeting at least three months before lose of the year the accounts of which he is to audit.
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President of corporation to preside at its meetings and of standing committee.
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18. The president and chairman of the corporation shall preside at all meetings of the corporation and of the standing committee, and in his absence the members present shall elect a chairman for the occasion. The president, or in his absence the chairman shall have a casting vote.
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Amendment of rules and decisions of corporation.
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19. No rule passed and no decision come to by the 1 corporation in general meeting shall be altered amended, or cancelled, except by a majority of two-thirds of the members present and voting at any ] subsequent general meeting.
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Property of the present ” Planters’ Benevolent Fund of Ceylon ” to vest in corporation.
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20.
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(1) On the coming into operation of this Ordinance, all and every the property belonging to the said association, whether held in the name of the said association or in the name of any person or persons in trust, or otherwise for the said association, shall be and the same is hereby vested in the corporation hereby constituted, and the same, together with all after-acquired property, and all subscriptions, contributions, donations, and any other additions thereto received or to be received, shall be held by the said corporation for the purposes, of this Ordinance.
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(2) All debts and liabilities of the said association existing at the time of the coming into operation of this Ordinance shall be paid by the corporation hereby constituted, and all debts due to and subscriptions and donations shall be paid to the said corporation for the purposes of this Ordinance.
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Investment of funds.
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21. It shall be lawful for the corporation to place the whole of the surplus funds belonging to the corporation, and any moneys or funds belonging or let or which shall hereafter be paid into or come into the hands of the corporation or into the hands of any person in trust for the corporation, in or upon any stock funds, or securities of or guaranteed by the Government of the United Kingdom of Great Britain and Northern Ireland or of any British colony or dependency, or upon the debenture securities or preference shares of any company or corporation (Municipal or otherwise) with limited liability paying a dividend on its ordinary shares in the United Kingdom of Great Britain and Northern Ireland or any British colony or dependency, or upon any real or leasehold securities in the United Kingdom of Great Britain and Northern Ireland, India, Ceylon, but not elsewhere, such leasehold securities being held for a term hereof sixty years at least shall be un-expired at the time of such investment, with power for the corporation from time to time to vary any such investments for others of the same or a like nature, provided always that, notwithstanding anything herein before contained, the corporation shall be at liberty to hold any debenture securities, stocks, or shares, whether ordinary or preference, in any company with limited liability that may be bequeathed or given to the corporation, whether such company shall at the time of such bequest be paying a dividend on its ordinary shares or not, without being obliged to sell or realize the same, and to invest the proceeds of any sale or realization when the same shall be made on investments hereby authorized.
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Seal of corporation how to be affixed.
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22. The seal of the corporation shall not be affixed to any instrument whatsoever except in the presence of the chairman or one other member of the executive committee and of 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.
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Corporation to be competent to hold property that may vest in it.
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23. The corporation shall be able and capable in law to take and hold any property, movable or immovable, which may become vested in it by virtue of any grant, gift, testamentary disposition, or otherwise, and all such property shall be held by the corporation for the Purposes of this Ordinance.
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Corporation to have the power to sell, mortgage, &c, property.
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24. It shall be lawful for the corporation to sell, change, or mortgage and demise any of the lands vested in it for building or other purposes, or on lease for any term not exceeding ninety-nine years, reserving in the event of a lease the best yearly or monthly rental procurable for the same, and with the ordinary covenants for re-entry in case of nonpayment of rent breach of covenant, or otherwise.
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Questions among members as to interpretation of Ordinance to be decided by Attorney-General.
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25. In case any doubt or ambiguity shall arise and any controversy shall take place among the member of the corporation and of the standing committee or either of them as to the interpretation of this Ordinance or as to the powers of the said committee, the same shall be referred to the Attorney-General, whose decision shall be final and conclusive.
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