SIVALI VIDYALAYA



SIVALI VIDYALAYA
AN ORDINANCE TO ESTABLISH AND INCORPORATE A BOARD OF GOVERNORS FOR THE SCHOOL AT RATNAPURA CALLED AND KNOWN AS THE SIVALI VIDYALAYA.
Preamble.

Whereas a day and night school called and known as the Sivali Vidyalaya has heretofore been established at Ratnapura for the purpose of educating boys, girls, and adults:

And whereas the purpose and object of the said vidyalaya and night school would be more effectually prosecuted and attained by the establishment and incorporation of a board of governors empowered to hold, control, manage and deal with all the property belonging to the said vidyalaya and night school and transact all the affairs of the said vidyalaya:

Be it, therefore, enacted by the Governor of Ceylon, with the advice and consent of the State Council thereof, as follows: –

Ordinance Nos,
48 of 1941
[2nd December
, 1941
]
Short title.

1. This Ordinance may be cited as the Sivali Vidyalaya, Ratnapura, Board of Governors Ordinance.

Establishment and incorporation of a board of governors.

2.

(1) There shall be established a board (hereinafter referred to as ” the board”), the members of which for the time being shall be and are hereby constituted a body politic and corporate, with the name of ” Sivali Vidyalaya Board of Governors “.

(2) The board shall, in the said name and for the purposes herein mentioned, have perpetual succession, and shall and may by the said name sue and be sued, plead and be impleaded, answer and be answered, in all courts and shall and may have and use a common seal with power to break, alter, and renew the same at its discretion.

Constitution of the board.

3.

(1) The board shall consist of the following members : –

(a) Ex ojficio member,

(b) Life-members.

(c) Such other persons as may be elected, nominated or co-opted in accordance with the rules made under this Ordinance, provided that at least seventy per centum of the members of the board shall be Buddhists.

(d) The manager of the vidyalaya and night school, or any other institution constituted under section 6.

(2) Notwithstanding anything in subsection (1), the first members of the board shall be the following: –

(a) Ex officio member:-A. C. Attygalle, Esq., (manager) or his successor.

(b) Life-members:’-Sir D. B. Jayatilaka, Dr. N. Attygalle.

(c) Other members :-D. L. Edussuriya, Esq.; N. E. Weerasooria, Esq., K.C.; H. A. Goonesekera, Esq., J.P., M.S.C. ; A. W. Muttetuwegama, Esq.; J. D. Hoare, Esq., J.P., U.M.; D M. Berry, Esq., J.P., U.M.; G. J. B. Kiriella, Esq., R.M.; Barnes Ratwatte Dissawa, R.M. ; S. A. I. Elapata, Esq., R.M.; R. S. Ellawala, Esq. ; J. Daheragoda, Esq. ; L. L. Attygalle, Esq.

Power of board to hold property and to make investments, &c.

4. The board shall, at all times hereafter, be able and capable in law to acquire either by purchase, exchange, gift, devise or bequest or in any other manner, and to hold and enjoy in perpetuity or for any lesser term, subject to any express trust or otherwise for the benefit of the said vidyalaya and night school and connected institutions, any property movable or immovable of any nature and kind whatsoever and to invest the funds vested in the board in securities of the United Kingdom or of the Government of India or of any of Her Majesty’s Dominions, or of Ceylon, or any of Her Majesty’s colonies authorized as a trustee investment by the law of England or the law of Ceylon for the time being or upon any mortgage of movable or immovable property in Ceylon and also in the purchase or acquisition of such lands, buildings, goods, chattels, and things as may in its opinion be proper or necessary for the purposes of the vidyalaya and night school or connected institutions.

Power of board to deal with property.

5. The board may-

(a) erect, or cause to be erected, any building on any land held by the board; or

(b) sell, mortgage, lease, exchange, or otherwise dispose of, any property held by the board, subject to any trust attaching to such property and to the law regulating such trusts; or

(c) from time to time remove Sivali Vidyalaya, or any institution established under section 6, or any part thereof, from the site on which it stands to any other site.

Additional institutions.

6. The board may separate the boys’ and the girls’ school and establish a vernacular school or industrial school or an orphanage if it shall appear to it best calculated to promote the welfare of the said vidyalaya and night school.

Rules.

7. It shall be lawful for the board, at any meeting specially called for that purpose and by a majority of the members present and voting, to make such rules not inconsistent with this Ordinance as the board may deem expedient for all or any of the following purposes:-

(a) the appointment of the members of the board, and their term of office ;

(b) the appointment of a chairman, secretary, and treasurer of the board, and their duties and term of office ;

(c) the appointment of a manager of Sivali Vidyalaya and any institution established under section 6, and his duties and term of office ;

(d) the procedure to be followed in the transaction of business of the board;

(e) the conduct of the duties of the board and of the various officers and servants of the board ;

(f) the appointment, removal, and control of the teachers and servants, and the fees to be charged from the students, of Sivali Vidyalaya and any institution established under section 6;

(g) the custody of the seal of the board ;

(h) the general administration of the affairs of the “board.

Seal of the board.

8. The seal of the board shall not be affixed to any instrument whatsoever except in the presence of the chairman or the manager and one other member of the board 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.

Saving of rights of the Crown.

9. Nothing in this Ordinance contained shall prejudice or affect the rights of Her Majesty the Queen, Her Heirs, and Successors, or of any body politic or corporate, or of any other persons, except such as are mentioned in this Ordinance and those claiming by, from, or under them.