Untied Muslim Association (Incorporation)



Untied Muslim Association (Incorporation)
AN ACT TO INCORPORATE THE UNITED MUSLIM ASSOCIATION.
Preamble.

WHEREAS an Association called and known as the “United Muslim Association” has heretofore been established in Sri Lanka among the Muslims, with the objects of promoting thrift and granting financial assistance by way of loans to its members according to Islamic principles:

AND WHEREAS the said United Muslim Association has heretofore successfully carried out and transacted the several objects and matters for which it was established and has applied to be incorporated and it will be for the public advantage to grant the application:

BE it Enacted by the Parliament of the Democratic socialist Republic of Sri Lanka as follows : –

[29th April
, 1983
]
Short title.

1. This Act may be cited as the United Muslim Association Incorporation) Act, No. 10 of 1983.

Incorporation of the United Muslim Association.

2. From and after the date of commencement of this Act, the persons who for the time being are members of the United Muslim Association and such persons as shall hereafter be admitted members of the Corporation hereby constituted, shall be and become a body corporate with perpetual succession under the name and style of “The United Muslim Association” (hereinafter referred to as ” the Association “) and by that name may sue and be sued in all courts, with full power and authority to have and to use a common seal, and to alter the same at its pleasure.

General objects of the Association.

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

(a) to further concerted work among the Muslims for their educational, social and economic progress and advancement and generally for the upliftment of the Muslim community, and for such purposes, to expand the activities of the Association by promoting and establishing branches throughout Sri Lanka;

(b) to promote thrift and saving habits amongst the Muslims in general and the members of the Association in particular;

(c) to grant loans and benefits to its members in accordance with Islamic principles;

(d) to promote religious and communal amity in Sri Lanka;

(e) to take steps for the general advancement of the Muslims in the following fields of activity:

(i) agricultural enterprise;

(ii) cottage industries;

(iii) home craft, mother-craft and social hygiene;

(iv) co-operative enterprise;

(v) commerce;

(vi) employment and the general welfare of members and their families ; and

(f) to engage in such other activities as are incidental or conducive to the attainment of the above objects.

Central Federation.

4.

(1) There shall be a Central Federation consisting of

(a) the President of every branch; and

(b) three members from every branch representing each such branch

(2) The Central Federation shall act as an advisory body, and shall elect the members of the Central Council.

Control and management of affairs by Central Council.

5.

(1) The control and management of the affairs of the Association, including the power to expend the funds of the Association and to deal with or dispose of movable, or immovable movable property in the name of the Association, shall subject to this Act and to the rules of the Association for the time being in force, be vested in a Central Council consisting of the office-bearers and such, other persons as may be provided for in such rules and elected or nominated in accordance therewith.

(2) The first members of the Central Council under this Act shall be the members of the Central Council of the Association holding office at the time of the coming into operation of this Act, and shall, notwithstanding the rules of the Association, continue in office for a period of one year from the date of the commencement of this Act, and in any event until the succeeding Central Council is duly constituted under the provisions of this Act;

Provided however, that Mr. I M, Mooseen Marickar, National President of the Association, shall, unless he resigns earlier, continue to be the National President of the Association and a member of the Central Federation and the Central Council, during his lifetime.

Rules of the Association.

6.

(1) It shall be lawful for the Central Council from time to time at any meeting and by the votes of two-thirds of members present and voting thereat, to make rules in respect of all or any of the following matters:

(a) the admission, withdrawal or exclusion of the members of the Association;

(b) the election, appointment and removal of the members of the Central Council, Central Federation– turn and the office-bearers of the branched of the Association, and their tenure of office;

(c) the duties of the Central Council, Central Federation- and of the various sub-committees, office bearers, and agents thereof;

(d) the procedure to be followed in the transaction of business, particularly in the collection, expenditure and disposal of funds; and

(e) generally for the management of the Association and for the accomplishment of its objects.

(2) Any rule made by the Central Council may be amended or rescinded in like manner as a rule made under subsection (l).

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

Branches of the Association.

7.

(1) The affairs of a branch of the Association shall, subject to the provisions of subsection (2), be administered by an Executive Committee consisting of such numbers of office-bearers and other persons to be elected in accordance with the by-laws of the branch. .

(2) In administering the affairs of a branch, the Executive Committee thereof shall at all times be subject to the direction and control of the Central Council.

(3) A branch may, from time to time, at any general or special meeting thereof, and by the votes of two-thirds of the members present and voting make by-laws not inconsistent with this Act and the rule of such Association, for the efficient management of the affairs of the branch provided that the by-laws shall come into force only upon approval thereof by the Central Council. Such by-laws when made, may be amended, added to or rescinded in like manner and with like approval.

Power to hold and deal with property, &c.

8.

(1) The Association shall subject to the rules in force the time feeing of the Association be capable in law to take and hold any proper, 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 Association for the purposes of this Act

(2) The Association may erect or cause to be erected any building on any land vested or acquired or held by it and may also from time to time sell, grant, convey, demise, assign, exchange and dispose of any property for the time being vested in the Association.

Seal of the Association.

9. The seal of the Association shall not be affixed to any instrument “whatsoever except in the presence of the National President or the National Secretary-General or the National Treasurer and two other members of the Central Council, 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.

Decisions on disputes &c. as to principles or policy.

10. Except in so far as is provided in this Act or, in any rules made or deemed to be made thereunder, any dispute or doubt as to any matter or question affecting or relating to the principles or policy of the Association shall be referred to the Central Council whose decision thereon shall be and conclusive.

Saving of the rights of the Republic and others.

11. Nothing in this Act contained shall prejudice or affect the rights of She 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.