Young Men’s Muslim Association, Maligawatta, Colombo, Law
A LAW TO INCORPORATE THE YOUNG MEN’S MUSLIM ASSOCIATION, MALIGAWATTA, COLOMBO.
|
WHEREAS an Association called and known as “The Young Men’s Muslim Association., Maligawatta, Colombo” has heretofore been established at Maligawatta. Colombo, 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 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 National State Assembly of the Republic of Sri Lanka as follows: –
|
|
Short title.
|
1. This Law may be cited as the Young Men’s Muslim Association, Maligawatta, Colombo, Law, No. 30 of 1974.
|
|
Incorporation of the Young Men’s Muslim Association, Maligawatta. Colombo.
|
2. From and after the date of commencement of this Law, the President, Vice-Presidents and members of the Board of Governors for the time being of the Young Men’s Muslim Association, Maligawatta, Colombo, (hereinafter referred to as ” the Association “), and such and so many persons as now are members of the Association, or shall hereafter be admitted members of the Corporation hereby constituted, shall be a body corporate (hereinafter referred to as ” the Corporation “) with perpetual succession under the style and name of ” The Young Men’s Muslim Association, Maligawatta, Colombo ” and by that name shall and 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 their pleasure.
|
|
General objects of the Corporation.
|
3. The general objects for which the Corporation is constituted are hereby declared to be: –
|
(i) to promote the general aims and objects of the All-Ceylon Young Men’s Muslim Association Conference;
|
|
(ii) to foster inter-communal amity-;
|
|
(iii) to improve the conditions of the people of Maligawatta socially, educationally and economically;
|
|
(iv) to encourage the practical observance of Islam; and
|
|
(v) to promote any other aims and objects not inconsistent with the aims and objects of the All-Ceylon Young Men’s Muslim Association Conference, as the Association may determine from, time to time.
|
|
|
Board of Governors.
|
4.
|
(1) The affairs of the Corporation shall, subject to the rules in force for the time being of the Corporation as hereinafter provided, be administered by a Board of Governors consisting of the President, the two Vice-Presidents, the Honorary General Secretary and the Honorary Treasurer and not less than six other members to be elected in accordance with the rules for the time being of the Corporation.
|
|
(2) All members of the Corporation shall be subject to the rules in force for the time being of the Corporation.
|
|
|
Power to make rules.
|
5. It shall be lawful for the Corporation from time to time at any general meeting of the members and by a majority of the members present and voting, to make rules for the admission, withdrawal or expulsion of members, for the conduct and duties of the Board of Governors and of 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 the accomplishment of its objects. Such rules when made may, at a like meeting, be altered, added to. amended, or cancelled, subject, however, to the requirements of section 7.
|
|
Bales in the Schedule to be the rules of the Corporation.
|
6. Subject to the provisions of section 5 the rules set out in the Schedule hereto shall for all purposes be the rules of the Corporation:
|
|
Provided, however, that nothing in this section contained shall be held or construed to prevent the Corporation at all times hereafter from making fresh rules, or from altering, amending, adding to, or cancelling any of the rules in the Schedule (except Articles 1 and 2 of Chapter 1 thereof) or any of the rules which may hereafter be made by the Corporation.
|
|
Procedure for amendment of rules.
|
7. No rule in the Schedule hereto nor any rule which may hereafter be passed shall be altered, added to, amended or cancelled, except by a vote of two-thirds of the members present and voting at a general meeting of the Corporation and unless such alteration, addition, amendment or cancellation shall have been previously approved by the Board of Governors.
|
|
Debts due by and payable to the Corporation.
|
8. All debts and liabilities of the Association. existing at the time of the coming into operation of this Law shall be paid by the Corporation hereby constituted, and all debts due to and subscriptions and contributions payable to the Association, shall be paid to the Corporation for the purposes of this Law.
|
|
Procedure for affixing the seal of the Corporation.
|
9. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of two of the members of the Board of Governors 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.
|
|
Corporation may hold property, movable and immovable.
|
10. The Corporation shall be able and capable in law to take and hold any property, movable and 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 Law and subject to the rules for the time being of the said Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.
|
|
Saving of the rights of the Republic and others.
|
11. Nothing in this Law 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 Law and those claiming by, from, or under them.
|
SCHEDULE RULES OF THE YOUNG MEN’S MUSLIM ASSOCIATION, MALIGAWATTA, COLOMBO
|
CHAPTER I NAME, SCOPE AND OBJECTS: |
|
|
The name of the Association shall be” The Young Men’s Muslim Association, Maligawatta, Colombo “hereinafter called the “Association”.
|
|
The Association shall participate in all activities that promote good life according to the principles of Islam. Activities that promote party politics shall be eschewed.
|
|
Article 3: Aims and Objects.
|
|
The general object of the Association shall be-
|
(i) to promote the general aims and objects of the All-Ceylon Young Men’s Muslim Association Conference;
|
|
(ii) to foster inter-communal amity;
|
|
(iii) to improve the conditions of the people of Maligawatta socially, educationally and economically;
|
|
(iv) to encourage the practical observance of Islam; and
|
|
(v) to promote any other aims and objects not inconsistent with the aims and objects of the All-Ceylon Young Men’s Association Conference, as the Association may determine from time to time.
|
Article 4: Activities. |
|
The activities of the Association shall be broadly classified as follows: –
|
CHAPTER II MEMBERSHIP AND PRIVILEGES:
|
There shall be three classes of membership of the Association, namely-
|
Honorary:-Any Muslim who has rendered special service in the cause of the Association may be appointed an Honorary member at a general meeting.
|
|
Ordinary.-Any Muslim of 18 years and above shall be entitled to Ordinary membership.
|
|
Associate.-Any Non-Muslim who wishes to participate in the activities of the Association shall be entitled to Associate membership.
|
|
|
All members irrespective of their category of membership shall be entitled to all available privileges. The right of vote and office shall, however be confined to the ordinary members only.
|
|
Article 3: Applications for Membership.
|
|
Every application for membership shall be made on the prescribed form and shall be proposed and seconded by two ordinary members of the Association. Such application should reach the Honorary General Secretary together with an admission fee of Rs. 1 and a month’s subscription in advance.
|
|
Article 4: Subscriptions.
|
|
Ordinary and Associate members shall pay a subscription of fifty cents per month. Members are at liberty to subscribe more than the stipulated amount of fifty cents per month.
|
|
Article 5: Arrears of Subscriptions.
|
|
The Board of Governors shall from time to time call for a list of members who are in arrear of subscriptions for more than three months. Action shall thereafter be taken either to recover the arrears or to discontinue membership. Re-admission of any such member shall be subject to the payment of all arrears, provided however, that the Board of Governors shall be empowered to waive the full amount or a part thereof under special circumstances.
|
|
Article 6: Suspension of Members.
|
|
Any member whose conduct after investigation by the President and the Honorary General Secretary is found to be detrimental to the interest of the Association shall be reported to the Board of Governors for suspension or expulsion. The decision of the Board of Governors shall be final.
|
CHAPTER III PATRON, VICE-PATRONS, OFFICE-BEARERS &C.
|
There shall be a Patron, who shall be elected at an Annual General Meeting.
|
|
There shall be three Vice-Patrons, who shall be elected at an Annual General Meeting.
|
|
Article 3-Board of Governors &c.
|
|
There shall be a Board of Governors, consisting of eleven members of the Association to be elected at an Annual General Meeting.
|
|
There shall be a President, two Vice-Presidents, an Honorary General Secretary and an Honorary General Treasurer respectively of the Association, who shall be elected from among the eleven members of the Board of Governors.
|
|
The President of the Association shall also function as the Chairman of the Board of Governors.
|
|
There shall be an Honorary Auditor who shall be appointed by the Board of Governors at its first meeting.
|
|
An office-bearer elected at an Annual General Meeting or thereafter by the Board of Governors shall hold office until the next Annual General Meeting unless the earlier resigns his office or is voted out of it.
|
|
The Board of Governors may appoint ad-hoc Committees whenever necessary for specific purposes.
|
|
Any vacancy in the Board of Governors on account of death, resignation, or any other cause shall be filled by the Board of Governors from among the ordinary members.
|
|
Any member of the Board, of Governors who absents himself from three consecutive meetings of the Board without valid reason shall be deemed to have vacated his office.
|
|
The President, the Honorary General Secretary and the Honorary General Treasurer shall not actively participate in party politics by either standing for election themselves or pay actively canvassing for a particular party or parties or for a particular candidate or candidates. If the President or the Honorary General Secretary or the Honorary General Treasurer intends to participate actively in party politics, he shall resign at least thirty days before the date of election fixed for such election. Such resignation shall be given suitable publicity.
|
|
The President or ‘ the Honorary General Secretary or the Honorary General Treasurer who resigns under the preceding Article shall be eligible for re-election to the post vacated by him provided the vacancy remains unfilled for thirty consecutive days after the date of such election.
|
CHAPTER IV-MEETINGS
|
Article 1: Meetings of Association.
|
|
The Annual General Meeting shall be held during the first six months of the year. At least fourteen days notice shall be given. The quorum shall be one-fourth of the membership. A Special General Meeting shall be convened at the request of the Board of Governors or at the written request of not less than fifteen members of the Association. At least three days’ notice shall be given to the members and the quorum shall be one-fourth of the membership.
|
|
Article 2: Meetings of Board of Governors.
|
(a) An Ordinary Meeting of the Board of Governors shall be held at least once a month. At least five days’ notice shall be given of such meeting. The quorum shall be three members.
|
|
(b) In the event of an emergency the Board shall meet at short notice. The quorum shall be three members.
|
|
CHAPTER V-FINANCE
|
Article: Receipts and Payments.
|
(a) All money received by the Association shall be acknowledged by the “Honorary General Treasurer who shall issue a receipt under his signature.
|
|
(b) All payments should be supported by a voucher and approved by the Board of Governors at its next meeting, if the sum so expended is less than twenty rupees.
|
|
(c) All payments exceeding twenty rupees shall hare the prior sanction of the Board of Governors.
|
|
(d) A monthly statement of receipts and payments shall be displayed on the notice-board provided that such statement has received the approval of the Board of Governors.
|
|
CHAPTER VI CONTROL AND ADMINISTRATION OF PEOPERTY AND FUNDS
|
Article 1: Powers of the Board of Governors regarding Property and Funds.
|
(a) The Board of Governors shall have the general control and management of all property and funds of the Association, and may for the purposes of the Association-
|
(i) dispose of any movable property having a value not exceeding one thousand rupees.
|
|
(ii) incur in addition to the ordinary expenditure of the Association, any extra-ordinary expenditure not exceeding five thousand rupees in any one year, without the authority of a general meeting or of the Board of Trustees.
|
|
|
(b) Except as provided for in this Article, no act of the Board of Governors shall be valid or effective for the disposing of any immovable property of the Association or transferring any rights of the movable property or the funds of the Association or for creating any liability or claim against the Association, unless such act has been previously authorized at an annual or special general meeting after due notice in writing has been given to all members in respect of such transaction, and such authority has been approved by a majority of the Trustees voting at a meeting of the Board of Trustees as provided for in these Rules.
|
|
CHAPTER VII-BOARD OF TRUSTEES
|
Article 1: Custody of property.
|
|
The custody of all immovable property belonging to the Association shall be vested in a Board of Trustees consisting of three Trustees.
|
|
Article 2: Election of Trustees.
|
(a) The Trustees shall be elected from among the past Presidents of the Association at the annual general meeting or at a special general meeting and shall hold office for five years.
|
|
(b) Any vacancy or vacancies among the Trustees thereafter shall be filled by election at a special general meeting, within a period of three months of the occurrence of such vacancy or vacancies; and the person or persons so elected shall hold office for the unexpired period only.
|
Article 3: Disqualifications for being elected a Trustee. No person shall be elected or remain a Trustee if-
|
(a) he Is not a member and a past President of the Association;
|
|
(b) he is not a Muslim; or
|
|
(c) he is less than thirty-five years of age; or
|
|
(d) he Is an undischarged bankrupt or insolvent, having been declared as such by any competent court; or
|
|
(e) he Is convicted on a criminal charge by any competent court; or
|
|
(f) he is of unsound mind.
|
Article 4: Powers of Board of Trustees,
|
(a) The Board of Trustees shall have the power to grant, or refuse to grant their approval to any disposition of property or investment of funds or other transaction for which approval of the Board of Trustees may be required by the operation of Article 1 (b) of Chapter VI of these Rules.
|
|
(b) The power to purchase any immovable property for the Association and to sell, mortgage, lease or otherwise alienate the immovable property belonging to the Association shall be vested and exercised, by the Board of Trustees, provided however, that such powers shall not be exercised without a resolution of the Board of Governors approving the said purchase, sale, mortgage, lease or alienation.
|
Article 5: Duties of office-bearers as regards transactions. |
|
No office-bearer may place his signature to any document in respect of any transaction affecting the property of the Association requiring the approval of the Board of Trustees in accordance with Article 1 of Chapter VI of these Rules, unless he has first satisfied himself that the approval in writing of the Board of Trustees to such transaction has been duly obtained.
|
CHAPTER VIII-MISCELLANEOUS
|
Article 1: Amendments to Rules.
|
|
These Rules, except Articles 1 and 2 of Chapter I, may be amended by a vote of two-thirds of the members present and voting at a general meeting of the Association provided such amendment shall have been previously approved by the Board of Governors.
|
|
Article 2: Interpretation of Rules.
|
|
The decision of the Board of Governors shall be final regarding the interpretation of these Rules or anything not specifically provided for in these Rules.
|
|
