Talapitiya Ahadiyya Association (Incorporation)



Talapitiya Ahadiyya Association (Incorporation)
As ACT TO INCORPORATE THE TALAPITIYA AHADIYYA ASSOCIATION
Preamble.

WHEREAS an Association called and known as the ” Talapitiya Ahadiyya Association” has heretofore been formed by the late Mr. M. H. A. Aziz (Advocate) and the late Moulavi M. A. C. A. Lafir Alim on December 2, 1951, for the purpose of effectively carrying out and transacting all 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 be for the public advantage to grant such application:

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

[30th November
, 1988
]
Short title.

1, This Act may be cited as the “Talapitiya Ahadiyya Association” (Incorporation) Act No. 49 of 1988.

Incorporation of the Talapitiya Ahadiyya Association.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the “Talapitiya Ahadiyya 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 the ” Talapitiya Ahadiyya 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 use a common seal and alter the same at its pleasure.

General objects of the Corporation.

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

(a) to manage and maintain the Talapitiya Ahadiyya School;

(b) to cater to the religious, educational, social, economic and cultural development of the Muslims in Sri Lanka;

(c) to print, publish and distribute books, journals, magazines and pamphlets on Islam;

(d) to establish and maintain reading rooms and promote the study of and propagation of Islam;

(e) to encourage the practical observance of Islam ;

(f) to grant financial aid and award scholarships to Muslim youths for the purpose of pursuing higher education;

(g) to provide free medical assistance to Muslims ;

(h) to maintain and administer the Janaza Benefit Fund ; and

(i) to do all such other acts and things as are conducive or incidental to, the attainment of all or any of the objects of the Corporation :

Provided always that the objects referred to in this section shall be exclusively and in accordance with the principles of ” Sunnath wal Jamath of the Islamic Shariyah “.

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 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, to invest its funds, and to engage, 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 an Executive Committee 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 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.

Rules of the Corporation.

6.

(1) If shall be lawful for the Corporation, from time to time, at any general meeting and by the votes of not less than two thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act or any other written law, for the admission, withdrawal or expulsion of members;, for the election of the office-bearers, the Executive Committee and Sub Committees, for the conduct of the duties of the office-bearers, the Executive Committee, Sub Committees and the various officers, agents and servants of the Corporation, for the procedure to be followed in the transaction of business and otherwise generally, for the management of the affairs of the Corporation and attainment 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 Association on the day preceding the date of commencement of this Act, in so far as they are not inconsistent with the provisions of this Act or any other written law, shall be deemed to be rules of the Corporation made under this section.

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

Debts due by and payable to the Association.

7. 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 and contributions payable to, the Association on that date shall be paid to the Corporation for the purpose, of this Act.

Corporation may hold property movable or immovable.

8. The Corporation shall be able and capable in law to take over, acquire and hold, any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift, testamentary deposition or otherwise, and all such property shall foe held by the Corporation for the purposes of this Act and, subject to the rules of the Corporation, it shall have power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Application of moneys and property,

9. The moneys and property of the Corporation howsoever derived, shall be applied solely towards the promotion of its objects as set forth herein, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, loan, bonus or otherwise howsoever, by way of profit, to the members of the Corporation:

Provided, however that the provisions of this section shall not prohibit

(a) the payment in good faith, of reasonable and proper remuneration to any officer, employee or servant of the Corporation or to any member of the Corporation for any services rendered by him to the Corporation,

(b) the payment of reasonable and proper rent for premises let to the Corporation, by any member of the Corporation or by any company of which a member of the Corporation is a shareholder; and

(c) the re-imbursement or repayment of reasonable and proper expenses, incurred with the prior approval of the Executive Committee, by any member, officer, employee or servant of the Corporation, in the performance of his functions or duties, or in promoting the objects of the Corporation.

Powers of the Corporation to acquire property, invest fund, raise loans c.

10, It shall be lawful for the Corporation-

(a) to purchase, acquire, rent, construct and otherwise obtain, lands or buildings which may be required for the purposes of the Corporation and which may lawfully be acquired for those purposes, and to deal with, or dispose of, the same as may it deem expedient, with a view to promoting the objects of the Corporation ;

(b) to invest any funds not immediately required for the purposes of the Corporation, in such manner as the Executive Committee may think fit and from time to time, to vary and transfer any such investments ;

(c) to raise or borrow money, on any security or otherwise, for purposes of the Corporation and to secure or discharge, any debt or obligation of the Corporation, in such manner as may be thought fit;

(d) to solicit, raise and receive, subscriptions, grants, donations and gifts of all kinds, locally and from abroad, for the purposes of the Corporation ;

(e) to construct, alter or maintain, any buildings, required for the purposes of the Corporation ;

(f) to subscribe or grant money for any charitable purpose;

(g) to undertake, accept, execute, perform and administer, any lawful trusts and conditions affecting any real or personal property, held or owned, or to be held or owned, in trust, for the Corporation or any other charitable association, institution, society or body and any other charitable trusts;

(h) to establish, organize and maintain, different branches and institutions for different and various activities, programmes and projects, sponsored and conducted, by the Corporation, with a view to promoting the objects of the Corporation;

(i) to appoint, dismiss or terminate, the services of officers and servants of the Corporation, and to pay them such salaries, pensions, gratuities and allowances as may from time to time as determined by the Corporation;

(j) to establish, or contribute to, any fund or scheme for the grant of gratuities, pensions, allowances or other benefits to officers or servants, past or present, of the Corporation, or to the relatives or dependants of such officers or servants ;

(k) to enter into any contract with any person, company, society or body of persons, whether corporate or unincorporate, or Local Authority, for promoting the objects of the Corporation ; and

(l) subject to the provisions of any other written law, to do all other things necessary or expedient for the proper and effective carrying out of the objects of the Corporation.

Seal of the Corporation.

11. 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 to the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

Limitation of liability of members.

12. No member of the Corporation shall, for the purpose of discharging the debts and liabilities of the Corporation, or for any other purpose, be liable to make any contribution exceeding the amount of such membership fees as may be due from him to the Corporation,

Property remaining on dissolution.

13. If upon the dissolution of the Corporation, there remains, after the satisfaction of all its debts and liabilities, any property whatsoever, such property shall not be distributed among the members of the Corporation but shall be given or transferred to some other institution or institutions having objects similar to the objects of the Corporation, and which is, or are by, the rules thereof prohibited from distributing any income or property among its, or their members. Such institution or institutions or the charitable object shall be determined by the members 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.

Saving of the rights of the Republic and others.

14. 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.