Siraj Arabic College, Oddamavadi(Incorporation)

Siraj Arabic College, Oddamavadi(Incorporation)

AN ACT TO INCORPORATE THE MASHURA COUNCIL OF THE SIRAJ ARABIC COLLEGE ODDAMAVADI

Preamble.

WHEREAS a Collage known as the Siraj Arabic College has been established at Oddamavadi ;

AND WHEREAS the affairs of the said College have been administered and managed by a Mashura Council :

AND WHEREAS the said Mashura Council has applied to be incorporated and it will be for the public advantage to grant such application :

BE it, therefore, enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows :-

[28^th July
, 2000 ]

Short title.

1. This Act may be cited as the Mashura Council of the Siraj Arabic College, (Incorporation) Act. No. 37 of 2000.

Incorporation of the Mashura Council of the Siraj Arabic College Oddamavadi.

2. From and after the date of commencement of this Act, the persons who are now members of the Mashura Council of “the Siraj Arabic College. Oddamavadi” (hereinafter referred to as the ‘”Council” ) and such persons who shall herinafter be admitted as members of the body corporate hereby constituted shall be a body corporate with perpetual sucession under the name and style of ” the Mashura Council of the Siraj Arabic College, Oddamavadi ” (hereinafter referred to as “the Corporation)and may sue and be sued in all Courts in the said name, with full power and authority to have and use a common seal and to change and alter the same at its discretion.

General objects of the Corporation.

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

(a) to manage, develop and maintain the Siraj Arabic College situated at Oddamavadi ;

(b) to encourage the teaching of Islam in the Arabic Language according to the “Holy Quran” and “Hadeeths” ;

(d) to provide Islamic Religious Education on the basis of approved syllabi of the Ministry of Education of Sri Lanka for the General Certificate of Education Ordinary Level and Advanced Level Examinations

(e) to encourage the recital from memory of the “Holy Quran”, according to “Thajweed” or proper intonation ;

(f) to maintain a separate division for the social. economic and educational development of the Muslim women ;

(g) to grant scholarships to deserving students and to render assistance in any other form as may be deemed necessary to enable them to pursue their studies ;

(h) to provide vocational training to youth ; and

(i)to do all other acts and things as are or may be necessary, conducive or incidental, to the attainment of the above mentioned objects.

General Powers of the Corporation.

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 or expedient for the 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 from local or foreign sources, to invest the funds of the Corporation, to construct any building on any land vested in or acquired or held by the Corporation and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.

Rules of the Corporation.

(1) It shall be lawful for the Corporation, from time to time, at any General Meeting of the members and by the voles of not less than two thirds of the members present and voting. to make such rules, as are not inconsistent with the provisions of this Act or any other written law for the management of the affairs of the Corporation and accomplishment of its objects. Such rules when made may at a like meeting and in like manner be altered, added to amended or rescinded.

(2) The rules of the Council in force on the day preceding the date of commencement of this Act shall be deemed to be rules of the Corporation made under this section in so far as they are not inconsistent with this Act or any other written law.

(3) The members of the Corporation shall be subject to the rules of the Corporation.

Debts, due by and payable to the college.

6. All debts and liabilities of the Council existing on the day preceding the date of commencement of this Act shall be paid by the Corporation and all debts due to and subscriptions and contributions payable to the Council on such day shall be paid to the Corporation for the purposes of this Act.

Corporation may hold and dispose of property movable or immovable.

7. The Corporation shall, subject to the rules of the Corporation 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, but 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 said Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Fund of the Corporation.

(1) The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of gift bequest, donation, subscription, contribution, fees or grants. for or and on account of the Corporation shall be deposited to the credit of the Corporation in one or more banks as the Corporation shall determine.

(2) There shall be paid out of the fund, all sums of money required to defray any expenditure incurred by the Corporation in the exercise and discharge of its powers and functions under this Act.

(3) The moneys and property of the Corporation, whosesoever derived shall be applied solely towards the promotion of the objects as set forth 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.

Accounts and Audit.

(1) The Corporation shall cause proper accounts to be kept of all the moneys received and expended by the Corporation.

(2) The accounts of the Corporation shall be examined and audited at least once in every year and the correctness of Income and Expenditure Account and Balance Sheet certified by an auditor or auditors who shall be associate members of the Institute of Chartered Accountants of Sri Lanka appointed by the Corporation.

Seal of the Corporation.

10. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of such number of persons as may be provided for in the rules 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.

Saving of the rights or the Republic and others.

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 claiming by. from, or under, them.

Sinhala text to prevail in case of inconsistancy.

12. In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.