RAILWAY BENEFIT ASSOCIATION

1. This Ordinance may be cited as the Ceylon Railway Benefit Association Ordinance.

2. From and after the passing of this Ordinance such and so many persons as now are members of the Ceylon Railway Benefit Association (hereinafter referred to as ” the association “), or shall hereafter be admitted members of the corporation hereby constituted, whose names shall be inscribed in the register mentioned in section 12, shall be and become a corporation with continuance for ever under the name of ” The Ceylon Railway Benefit Association”, (hereinafter referred to as ” the corporation IT) and by that name shall and 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.

3. The general objects for which the corporation is constituted are hereby declared to be to promote thrift, to give relief to the members in times of sickness or distress, and ultimately, on or after the death, or the retirement, resignation or dismissal from the public service, or the withdrawal from membership, of any member, to pay to such member or to his nominee or to his widow and children or if there is no widow or child surviving him to his heirs-at-law, such portion of his contributions to the funds of the corporation and such donation, if any, as may be authorized by the rules of the corporation made as hereinafter provided.

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5. The committee of management 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 appointment and dismissal of officers, agents, and servants, and with the administration of the affairs of the corporation and the accomplishment of the objects thereof and to defray out of the funds of the corporation all expenses necessary for the purposes of such appointments and administration ;

Provided that the said committee shall not exercise any powers which are by this Ordinance or by any rules made under section 15 declared to be exercisable by the corporation in general meeting;

Provided also that no rule made by the corporation in general meeting shall invalidate any prior act of the said committee which would have been valid if such rule had not been made,

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7. The person appointed to the joint office of secretary and treasurer (in this Ordinance and in any rules made thereunder referred to as ” the secretary and treasurer “) shall receive and keep account of all the moneys and funds of the corporation and shall act as secretary of the committee of management and shall pay, subject to the provisions of section 22 (2), all claims, loans, advances and expenses authorized by the said committee. He shall also prepare and submit monthly to the said committee an account of the transactions of the corporation and generally act under the direction of the ex officio members of the said committee.

8. Meetings for the transaction of the business of the said committee shall be held at least once in every month, and the president, on the requisition of two committee members, shall call a meeting of the committee at any time for the transaction of such business as may be mentioned in the requisition.

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10. On the death or absence from Sri Lanka of the president or any elected member of the committee of management, or in the event of such member absenting himself from three consecutive meetings of the committee or ceasing to be a member of the committee, it shall be lawful for the remaining members of the said committee to elect any member of the corporation resident in Colombo as his successor, and the member so elected shall continue in office until the annual general meeting of the corporation next following his election.

11 Every person holding an appointment in the service of the Government Railway who fulfils the requirements of the rules shall be eligible for admission as a member, and may, in the discretion of the said committee, be admitted a member.

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13. The committee of management 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, and of any person or persons whom the Secretary to the Treasury may at any time appoint to examine the same.

14 It shall be lawful for the corporation by resolution passed at any general meeting to remunerate the services of any, member or member of the committee of management, and from time to time to fix the amount of such remuneration, and to require such security from such member or members so remunerated as may be deemed sufficient.

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 admission, withdrawal, or expulsion of members, for the imposition of fines and forfeitures for breaches of rules, for the conduct of the duties of the committee of management and of the various officers, agents, and servants of the corporation, for the procedure in the transaction of business, for the establishment and regulation of a provident fund for the benefit of the employees of the corporation or any of them and for all matters incidental thereto, including the determination of the amounts from time to time to be paid into such provident fund, whether by such employees or by the corporation from its funds, on account of contributions, bonus, interest, or otherwise, and the manner and conditions of making payments from such provident fund, for the payment of gratuities from the funds of the corporation to specified employees of the corporation upon the retirement of such employees from the service of the corporation or for the benefit of the dependants of the specified employees who have died on or after the 1st day of January, 1945, while in the service of the corporation and for all matters incidental thereto, including the method of calculation and the conditions of payment of such gratuities, for the regulation of the extraordinary loans to be given to members under section 22 and for prescribing the conditions of such loans including the nature and situation of the immovable property that may be accepted as security, 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 20:

Provided that no rule or alteration, amendment, or cancellation of any rule shall have effect until the same is confirmed by the Minister. Notice of such confirmation shall be published in the Gazette, and thereupon the same shall be as valid and effectual as if it had been herein enacted,

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18. The president shall, where possible, preside at all general meetings of the corporation 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 in addition to his original vote.

19. It shall be lawful for the committee of management to require security to be given by any of the officers, agents, or servants appointed by them, and to determine the nature and value of such security.

20. No rule passed and no decision come to by the corporation in general meeting shall be altered, amended, or cancelled, except by at least a majority of two-thirds of the members present and voting at any subsequent general meeting.

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23. Subject to and in accordance with rules made under section 15, it shall be lawful for the corporation out of its funds contribute to any provident fund duly established for the benefit of its employees and to pay gratuities to its employees upon their retirement and to the dependants of employees dying on or after the 1st day of January, 1945, while in the service of the corporation.

24. The committee of management may from time to time under the common seal of officers, the corporation appoint such officer or officers, agent or agents, as they may consider necessary for recovering all dividends, interest, or other revenue to be derived from such investments, or for otherwise carrying out the provisions of this Ordinance; and all persons so appointed shall hold office during the pleasure of, and shall be entitled to such remuneration as may be determined by, the said committee.

25. The seal of the corporation shall not be affixed to any instrument whatsoever, except in the presence of at least two of the four persons mentioned in section 22 (2), 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.

26. 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.

27. It shall be lawful for the corporation to demise any of the lands vested in it for building or other purposes, on lease for any term not exceeding ninety-nine years, reserving the best yearly or monthly rental procurable for the same, and with the ordinary covenants for re-entry in case of non-payment of rent, breach of covenant, or otherwise.

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29. In case any doubt or ambiguity shall arise, and any controversy shall take place ambiguity how among the members of the corporation and decided. of the committee of management, 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 Secretary to the Treasury whose decision shall be final and conclusive.

30. Nothing in this Ordinance contained shall affect or be deemed to affect the rights of the Republic, or of any body politic or corporate, or of any other persons, except such as are mentioned in the foregoing provisions of this Ordinance and those claiming by, from, or under them.