Sri Lanka Energy Managers’ Association (Incorporation)



Sri Lanka Energy Managers’ Association (Incorporation)
AN ACT TO INCORPORATE THE SRI LANKA ENERGY MANAGERS ASSOCIATION
Preamble.

WHEREAS an Association called and known as the ” Sri Lanka Energy Managers’ Association ” has heretofore been formed in Sri Lanka, for the purpose of effectually carrying out and transacting all objects and matters connected with the said Association, according to the rules agreed to by its members :

AND WHEREAS the said Association has heretofore successfully carried out and transacted the several objects and matters for which it was formed and has applied to be incorporated and it will he 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:-

[29th January
, 1994
]
Short title.

1. This Act may be cited as the Sri Lanka Energy Managers’ Association (Incorporation) Act. No. 1 of 1994.

Incorporation of the Sri Lanka Energy Managers’ Association.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Sri Lanka Energy Managers’ Association (hereinafter referred to as the ” Association”) or shall hereafter be admitted members of the Corporation hereby constituted shall be a body corporate with perpetual succession under the name and style of :’ Sri Lanka Energy Managers’ Association” (hereinafter referred to as the ” Corporation “) and by that name may sue and be sued, in all courts with Full power and authority to have and sue a common seal and alter the same at its pleasure.

General objects of the Corporation.

3. The general objects of the Corporation shall be

(a) to help in the acquisition, dissemination and interchange, of knowledge on the practice of energy management ;

(b) to encourage and promote practices relating to energy management in Sri Lanka ;

(c) to serve as a means through which Government and private assistance for energy management may effectively be extended to members ;

(d) to provide members, with adequate and updated information on effective energy management;

(e) to encourage the provision of consultancy services on energy management; and

(f) to do all such other acts and things as are incidental or conducive to the attainment of the aforesaid objects or any of them.

Power 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 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 other assistance, to invest its funds, and to employ and dismiss officers and servants required for the carrying out of the objects of the Corporation

Management of the affairs of the Corporation.

5.

(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation, be administered by a Board of Directors consisting of the office-bearers and such other persons as may be provided for in such rules and elected in accordance therewith.

(2) The first Board of Directors of the Corporation shall be the Board of Directors of the Association holding office on the day preceding the date of commencement of this Act.

Rules of the Corporation.

6.

(1) It shall be lawful .for the Corporation, from time to time, at any general meeting and by a majority of not less than two-thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act or other written law, for all or any of the following matters: ”

(a) the classification of membership, qualifications and experience required for admission to each class of membership and the admission, suspension or expulsion of members ;

(b) the election of the office-bearers, the vacation of office of office-bearer: and their powers, conduct and duties ;

(c) the appointment of the members of the Board of Directors and their powers, conduct and duties;

(d) the powers, conducts duties and functions of the various officers, agents and servants of the Corporation ;

(e) the procedure to be observed at, and the summoning, and holding, of meetings of the Board of Directors, the times, places, notices and agenda of such meetings, the quorum therefor and the conduct of business thereat;

(f) the administration and management of the property of the Corporation, the custody of its funds, and the maintenance and audit of its accounts; and

(g) generally, for the management of the affairs of the Corporation and the accomplishment of its objects.

(2) Any rule made by the Corporation may be amended, altered, added to or rescinded at a like meeting and in like manner as a rule made under subsection (1).

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

Corporation may hold property movable and immovable.

7. The Corporation shall be able and capable in law to acquire 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 hold by the Corporation for the purposes of this Act and subject to the rules in force for the time being of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same,

Power to charge fees and subscriptions.

8. The Corporation shall be able and capable in law to charge-

(a) fees for the admission of persons to any class of membership of the Corporation ; and

(b) such subscriptions and fees from members of the Corporation as the Corporation may deem reasons.

Debts due by and payable to the Association.

9. All debts and liabilities of the Association 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! contributions and fees payable to, the Association on that day shall be paid to the Corporation for the purposes of this Act.

How the seal of the Corporation is to be affixed.

10. The seal of the Corporation shall not be affixed any instrument whatsoever except in the presence of the President; or in his absence, in the presence of a Vice- President, who shall sign his name to the instrument in token of his presence, and such signing shall be independent of the signing of any person as a witness.

Saving of the rights of 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 those claiming by. from, or under, them.

Sinhala text to prevail in the event of any inconsistency.

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