Serendib Sufi Study Circle Law

Serendib Sufi Study Circle Law

A LAW TO INCORPORATE THE SERENDIB SUFI STUDY CIRCLE. Preamble.

WHEREAS an Association called and known as ” The Serendib Sufi Study Circle ” has heretofore been established in Colombo under the patronage of His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa for the purpose of effectually carrying out and transacting all matters connected with the said Circle according to the rules agreed to by its members:

And whereas the said Circle has heretofore successfully carried out and transacted the several objects and matters for which it was established, and has applied to be incorporated and it will be for the public advantage to. grant the application:

Be it therefore enacted by the National State Assembly of the Republic of Sri Lanka as follows: –

Short title.

1. This Law may be cited as the Serendib Sufi Study Circle Law, No. 41 of 1974.

Incorporation of the Serendib Sufi Study Circle.

2. From and after the date of commencement of this Law, such and so many persons as now are members of the Serendib Sufi Study Circle (hereinafter referred to as ‘ The Circle ‘), or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as ‘ the Corporation ‘) with perpetual succession under the style and name of ‘ The Serendib Sufi Study Circle ‘, and in the case of institution of actions in any court of law, the Corporation shall sue and be sued in such name, with full power and authority to have and use a common seal and alter the same at their pleasure.

General objects of the Corporation

3. The general objects for which the Corporation is constituted are hereby declared to be:-

(a) the promotion and the study and understanding of Sufism (mysticism) among all persons seeking knowledge of Sufism (mysticism), including the teaching of the principles and practices of Sufism (mysticism) as expounded by His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa during his lifetime;

(b) the compilation, translation, publication and dissemination of the principles and practices of Sufism (mysticism) as are or may be expounded by His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa and the research works, reports and material pertaining to Sufism (mysticism) as are or may be forthcoming from the scholarship of any member for the public good;

(c) the establishment and maintenance of voluntary charitable organizations for any one or more of the following purposes: –

(i) the relief of poverty,

(ii) the care of widows and orphans, the aged and the destitute, by establishment of homes, orphanages, dispensaries, medical care, and

(iii) the relief of hunger, disease and sickness by the provision of sustenance and nourishment and medical care to the needy, the orphans, the indigent and the sick;

(d) the establishment of a scholarship fund for the provision of financial aid to any person irrespective of caste, creed or race for higher studies and research on Sufism (mysticism) at any place of learning in Sri Lanka or abroad;

(e) the establishment of a centre for the study and research into aspects of Sufism (mysticism) including the teachings of His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa and all matters connected therewith in Sri Lanka; and

(f) generally the carrying on of all such work as may be necessary to attain the aforesaid objects.

Committee of Management.

4.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered-

(a) during the lifetime of His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa, by a Committee of Management nominated by him and elected by the members; and

(b) after the lifetime of His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa, by a Committee of Management to be elected by the members. in accordance with the rules for the time being of the Corporation.

(2) The Patron, His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa, shall have the right during his lifetime to remove from office, on the recommendation of the Committee of Management, any member of the Committee of Management and nominate any other person to fill the vacant post.

(3) The first Committee of Management of the Corporation shall be the Patron and the other members of the Committee of Management of the Circle holding office on the date of commencement of this Law.

Board of Trustees.

5.

(1) The custody of all property belonging to the Corporation shall, subject to the rules for the time being of the Corporation, be vested in a Board of Trustees, who shall-

(a) during the lifetime of His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa, be nominated by him; and

(b) after the lifetime of His Holiness Muhammed Muhiyadeen Guru Bawa, be elected by the Committee of Management,

in accordance with the rules in force for the time being of the Corporation, and continue as such Trustees until they resign or die, or until they are removed from office by His Holiness Sheikh Muhammed Muhiyadeen Guru Bawa on the recommendation of the Committee of Management, as the case may be.

(2) The first Board of Trustees of the Corporation shall be the Board of Trustees holding office on the date of commencement of this Law.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation from time to time at any annual or special general meeting of the members and by the votes of at least two-thirds 0! the members present and voting at such meeting to make such rules as are not inconsistent with the principles and provisions of this Law, as it may deem expedient for all or any of the following purposes:-

(a) the admission, withdrawal or expulsion, of members;

(b) the powers, conduct, and duties of the Committee of Management, the Board of Trustees, the various officers, agents and servants of the Corporation;

(c) the procedure to be observed at meetings and in convening meetings and in the transaction of the business of the Corporation;

(d) the administration and management of the property of the Corporation;

(e) the determination of the subscription payable by the members and the collection of such subscriptions; and

(f) generally the management of the affairs and the accomplishment of its objects.

Such rules when made may, at a like meeting, be altered, added to, amended or cancelled, subject however to the requirements of subsection (2).

(2) No rule of the Corporation for the time being in force nor any rule which may hereafter be passed shall be altered, added to, amended or cancelled, except by a vote of two-thirds of the members present and voting at a special or any general meeting of the Corporation and unless at least fifteen days prior notice of such alteration, addition, amendment or cancellation shall have been given to the members by circular or notice in the Press.

(3) The rules of the Circle in force on the date of commencement of this Law shall be deemed to be the rules of the Corporation made under this section.

Debts due by and payable to the Corporation.

7. All debts and liabilities of the Circle existing at the time of the coming into operation of this Law shall be paid by the Corporation hereby constituted, and all debts due to and subscriptions and contributions payable to the Circle, shall be paid to the Corporation for the purposes of this Law.

Procedure for affixing the seal of the Corporation.

8. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of the Chairman and any two of the members of the Board of Trustees, or, in the absence of the Chairman, any 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,

Corporation may hold property movable and immovable,

9. 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 purchase, grant, gift, testamentary disposition, or otherwise, and all such property shall be held by the Corporation for the purposes of this Law and subject to the rules for the time being of the said Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Saving of the rights of the Republic and others.

10. Nothing in this Law 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 Law and those claiming by, from or under them.