Welfare Society of the School for the Mentally Subnormal Child (Incorporation)



Welfare Society of the School for the Mentally Subnormal Child (Incorporation)
AN ACT TO INCORPORATE THE WELFARE SOCIETY OF THE SCHOOL FOR THE MENTALLY SUBNORMAL CHILD.
Preamble.

WHEREAS an association called and known as the Welfare Society of the School for the Mentally Subnormal Child ” has heretofore been established in Sri Lanka for the purpose of effectually carrying out and transacting all objects and matters connected with the said Society according to the rules agreed to by its members :

AND WHEREAS the said Society 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 therefore enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[17th December
, 1988 ]
Short title.

1. This Act may be cited as the Welfare Society of the School for the Mentally Subnormal Child (Incorporation) Act, No. 75 of 1988.

Incorporation of the Welfare Society of the School for the Mentally Subnormal Child.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Welfare Society of the School for the Mentally Subnormal of the Child (herein after referred to as ” the Society “), or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate (herein after referred to as “the Corporation”) with perpetual succession under the name and style of the ” Welfare Society of the School for the Mentally Subnormal Child “, 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 of the Corporation shall be to promote rehabilitation of persons who are mentally subnormal by

(a) establishing and maintaining institutions such as “the Chitra Lane School ‘ “Adult Sheltered Workshop Building Society Ltd ‘ day care centres, evaluation clinics and homes, under the guidance of professionally qualified persons

(b) educating and training mentally subnormal children in vocations suitable to their talents, so that such children will be useful to the community ;

(c) promoting international exchanges of trained persons;

(d) promoting and encouraging the education of the public and particularly the relations of the mentally subnormal children in matters relating to that condition;

(e) enlisting the support and the assistance of the Government, Associations, both local and inter-national, and well wishers ;

(f) collaborating with the Government or with any local authority or any authority in Sri Lanka or out side Sri Lanka in any project or undertaking which has similar aims and objects ;

(g) providing facilities for, the continued care and rehabilitation of mentally subnormal patients and their dependents ; and

(h) rendering any other assistance to mentally subnormal children.

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 personnel 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 of the Corporation, be administered by a Committee of Management consisting of such number of persons as may be provided for in such rules and elected in accordance therewith.

(2) The first Committee of Management of the Corporation shall be the Working Committee of the Society and the Director of the School, holding office on the day preceding the date of commencement of this Act.

Board of Trustees.

6.

(1) There shall be a Board of Trustees with full power and authority to manage and control the movable and immovable property of the Corporation, Every Trustee shall hold office until death, resignation, physical or mental incapacity, or removal by a decision taken by the majority of the Trustees.

(2) The first Board of Trustees of the Corporation shall be–

(1) Ainthe Monica Rajapakse ;

(2) Fredrick Richard Alles ;

(3) Kishani Yasmin Gunewardene ;

(4) Delysia Srimathi Gunewardene;

(5) Heyward Fernando;

(6) Sunitha Malani Rodrigo;

(7) Shiranthini Pratiba de Silva ;

(8) Kumari Gunasekera Wickremaratne;

(9) Mervyn St. Sebastian Casie Chetty.

The President of the Society shall be the first President of the Board of Trustees.

(3) A vacancy in the Board of Trustees of the Corporation occuring upon the death resignation incapacity or removal of a Trustee from office, his successor shall be appointed by the remaining Trustee from amongst members of the Corporation who have completed not less than five years of membership.

(4) The quorum for a meeting the Board of Trustees shall not be less than five members of the Board

Rules of the corporation.

7.

(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 any other written law for all or any of the following matters :

(a) the classification of membership and the admission, withdrawal or expulsion of members:

(b) the election of the office bearers who shall be a President, an Honorary Secretary and an Honorary Treasurer and the Committee of Management consisting of a maximum of twenty members ;

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

(d) the powers, conduct, 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 Committee of Management and the Board of Trustees, the times, places, notices and agenda of such meetings, the quorum thereof 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 may be made under subsection (1), pro vided that any such amendment, alteration, addition or rescission shall have received the prior approval of the Committee of Management.

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

Debts due by the and payable to the Society.

8. All debts and liabilities of the Society existing on the day preceding the date of commencement of this Act shall be paid and discharged by the Corporation, and all debts due to, and subscriptions and contributions payable to, the Society on that date shall be paid to the Corporation for the purposes of this Act.

Corporation may hold movable and immovable property.

9. The Corporation shall be able and 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 purposes of this Act, and subject to the rules of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

How the seal of the Corporation is to be affixed

10. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of three members of the Board of Trustees 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.

Property remaining on dissolution or winding up.

11. If upon the dissolution or winding up of the Corporation there remains, after the satisfaction of all Its debts and liabilities any property whatsoever, the same shall be given or transferred to some other Society or institution having objects similar to the objects of this Corporation at the discretion of the Board of Trustees at the time of such winding up or dissolution,

Matters not provided for.

12. In any matter not provided for in the rules of this Corporation, the Board of Trustees shall be guided by and, observe the provisions of the Trusts Ordinance.

Saving of the rights of the Republic and others.

13. Nothing in this Act contained shall prejudice or affect the lights 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.