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Short title.
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1. This Act may be cited as the Sri Jayewardenepura Pitakotte Eksath Avamangalliyadhara (Shavakruththiyadhara) Samithiya (Incorporation) Act, No. 23 of 1988.
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Incorporation of the Sri Jayewardenepura pitakotte Eksath Avamangalliyadhara (Shavakruththiyadhara) Samithiya.
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2. From and after the date of commencement of this Act, such persons as now, are members of the Sri Jayewardenepura Pitakotte Eksath Avamangalliyadhara (Shavakruththiyadhara) Samithiya (hereinafter referred to as “the Association”) or shall hereafter be admitted as members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as ” the Corporation “) with perpetual succession, under the name and style of the ” Sri Jayewardenepura Pitakotte Eksath Avamangalliyadhara (Shavakruththiyadhara) Samithiya” and by that name may sue and be sued in all courts, with full power and authority to have, and use, a common seal and alter the same at its pleasure.
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General objects of the Corporation .
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3.The general objects of the Corporation shall be
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(a) to provide assistance on the death of a duly registered member of the Corporation or his registered dependant, in accordance with the rules for the time being in force of the Corporation ;
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(b) to provide financial assistance on the death of a destitute person, at the request of a bereaved relative, who is unable to afford the cost of funeral expenses;
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(c) to promote feelings of equanimity among all persons, irrespective of caste, class, creed or nationality ;
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(d) to do all other acts and things not inconsistent with the provisions of this Act or any other written law as are conducive, or incidental, to the attainment of the above objects.
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Management of the affairs of the Corporation.
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4.
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(1) The affairs of the Corporation shall, subject to the rules in force for the being of the Corporation, be administered by an Executive Committee consisting of office-bearers and such other persons to be elected in accordance with the rules, in force for the time being, of the Corporation.
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(2) The first Executive Committee of the Corporation shall be the Executive Committee of the Association holding office on the day preceding the date of commencement of this Act.
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General Powers of the Corporation.
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5. 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 for the promotion and furtherance of the objects of the Corporation or any one of them, including the power to open, operate and close bank accounts, and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.
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Rules of the Corporation.
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6.
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(1) It shall be lawful for the Corporation, from time to time, at any general or special meeting of the members, and by the votes of at least two thirds of the members pre sent and voting, to make such rules, not inconsistent with provisions of this Act, or any other written law, with the prior approval by a two-thirds majority, of a duly summoned meeting of the Executive Committee, as may be necessary for carrying out the objects of the Corporation, including rules as to the election of the Executive Committee and other office bearers and the registration of” dependants of members. Such rules when made may, at a like meeting and in like manner, be altered, added to, amended or rescinded.
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(2) The members of the Corporation shall be subject to the rules of the Corporation.
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Application of moneys and property.
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7. The moneys and property of the Corporation whensoever desired, shall be applied solely towards the promotion of its objects as set forth herein and no portion thereof shall be paid as dividend or bonus or as profit in any other manner, either directly or indirectly, to the members of the Corporation.
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The Corporation may hold property movable and immovable.
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8. The Corporation shall be 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 purpose of this Act and subject to the rules of the Corporation, with full power to sell, mortgage, lease, rent, exchange or otherwise dispose of the same.
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How the seal of the Corporation is to be affixed.
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9. The seal of the Corporation shall not be affixed to any instrument whatsoever except under the authority of the Executive Committee and in the presence of two members, one of whom shall be the Secretary or a person authorized by the Executive Committee for that purpose, and 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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Property remaining after the dissolution of the Corporation
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10. If upon the dissolution of the Corporation any pro- property remains after the discharge of all debts and liabilities, such property shall not be distributed among the of members of the Corporation ; but such property shall be given or transferred to some other Association or Associations with objects similar to those of the Corporation, and which is, or are, by the rules thereof, prohibited from distributing any income or property among it, or their members. Such Association or Associations shall be determined by the members of the Corporation at or immediately before the time of the dissolution of the Corporation. If such property or any part thereof cannot be disposed of in accordance with the provisions of this section, such property or part thereof shall be applied to some charitable object which shall be determined by the members of the Corporation.
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Saving of the rights of the Republic and others.
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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 others claiming by, from or under them.
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