Zahira College, Colombo, Board Of Governors (Incorporation)



Zahira College, Colombo, Board Of Governors (Incorporation)
AN ACT TO INCORPORATE THE BOARD OF GOVERNORS OF ZAHIRA COLLEGE, COLOMBO, AND FOR THAT PURPOSE TO AMEND THE MARADANA MOSQUE ORDINANCE, AND TO PROVIDE FOR ALL MATTERS CONNECTED THEREWITH OR INCIDENTAL THERETO.
Preamble.

WHEREAS a school called and known as Zahira College, Colombo, has heretofore been established at Maradana in Colombo :

AND whereas the general government and direction of the said school has heretofore been vested in the Board of Trustees of the Maradana Mosque Ordinance:

AND whereas the said Board of Trustees now deem it expedient that the general government and direction of the said school should be vested in a separate Board of Governors and such Board be incorporated by law, and have consented thereto :

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

[20th May
, 1982
]
Short title.

1. This Act may be cited as the Zahira College, Colombo, Board of Governors, (Incorporation) Act, No. 18 of 1982.

Establishment of the Board of Governors for Zahira College, Colombo.

2.

(1) There shall be established a Board of Governors for Zahira College, Colombo, (hereafter in this Act referred to as ” the Board “), in the manner hereinafter provided.

(2) The Board shall, under the style and name of ” The Board of Governors of Zahira College, Colombo “, be a body corporate with perpetual succession, may sue and be sued in that name, and shall have full power and authority to use a common seal and alter the same at the pleasure of the Board.

Constitution of the Board,

3.

(1) The Board shall consist of eighteen members constituted as follows :

(a) the President of, and four other members elected from among its number by, the Executive Committee of the Maradana Mosque ;

(b) the President of, and three other members elected from among its number by, the Zahira College, Colombo, Old Boys’ Association at a general meeting specially called for that purpose and by a majority of votes of the members present and voting ;

(c) three members elected from among its number by the Zahira College, Colombo, Welfare Society at a general meeting specially convened for that purpose and by a majority of votes of the members present and voting ;

(d) three members elected from among its number by the Zahira College, Colombo, Parent-Teachers Association at a general meeting specially convened for that purpose and by a majority of votes of the members present and voting, so however that no teacher shall be so elected ; and

(e) three members to be co-opted by a resolution of the Board.

(2) The President of the Executive Committee of the Maradana Mosque and the President of the Zahira College, Colombo, Old Boys’ Association shall hold office as members of the Board, so long as they hold office as such Presidents. The other members of the Board shall hold office as members of the Board for a period of three years, unless any such member vacates office earlier by way of

(a) death;

(b) resignation from the Board or the body which he represents on the Board ; or

(c) removal by the body which he represents on the Board,

and any such vacancy shall be filled by another member elected or co-opted by the appropriate body, and such member shall hold office for the remainder of the period of office of the member whom he succeeds.

(3) Where any of the bodies referred to in paragraph (a), (b), (c) or (d) of subsection (1) is not represented on the Board as a result of the appropriate body being unable at any time to elect any representative to serve on the Board, the remaining members of the Board shall select a representative from among the members of the appropriate body. Any member so selected shall sold office as a member of the Board until such time as the appropriate body elects a representative to serve on the Board.

(4) With effect from the date of commencement of this Act and until the Board is constituted under subsection (1), the following persons shall constitute the Board:

(1) Al-Haj Dr. M. C. M. Kaleel,

(2) Al-Haj Jabir A. Cader, M.P.,

(3) Mr. A. C. M. Ameer, Q.C.,

(4) Al-Haj M. H. M. Naina Marikar, MP,

(5) Al-Haj Hon. M. A. Bakeer Markar, M.F.,

(6) Al-Haj A. Raheman M. Hathy,

(7) Mr. T. A. Jayah,

(8) Mr. M. T. A. Furkhan,

(9) Mr. Hussain Hashim,

(10) Al-Haj Ran A. Caffoor,

(11) Al-Haj M. Mohideen Cassim.

who shall exercise, perform and discharge all the powers, duties and functions of the Board under this Act in respect of all matters concerning and connected with Zahira College, Colombo-

(5) In the event of the death, resignation or removal of any member of the Board constituted under subsection (3), the vacancy shall be filled by that Board.

(6) The Secretary to the Ministry of the Minister in charge of the subject of Muslim Religious and Cultural Affairs (hereinafter referred to as ” the Secretary to the Ministry “) shall convene the first meeting of the Board constituted under subsection (4) within one month of the date of commencement of this Act, by giving not less than two weeks’ notice to the members thereof.

(7) The Secretary to the Ministry shall preside at the first meeting of the Board constituted under subsection (4) and cause the election of a Chairman, a Secretary and a Treasurer from among its number by the Board at that meeting. The Board shall thereafter meet at intervals of not more than one month until the Board under subsection (1) is constituted.

(8) The quorum for any meeting of the Board constituted under subsection (4) shall be five members.

(9) A decision by a majority of the members present and voting shall be deemed to be the decision of the Board constituted under subsection (4). The existence of any vacancy in the Board shall not affect the validity of any act performed by the Board.

(10) The Board constituted under subsection (4) shall within one month of its first meeting make such rules as are necessary for the conduct of its affairs.

(11) The Secretary to the Ministry shall summon the first meeting of the Board constituted under subsection (1) within a period of two years from the date of commencement of this Act.

(12) The provisions of subsections (6) to (10) shall, mutatis mutandis, apply to the Board constituted under subsection (1).

Transfer of property to the Board and amendment of Chapter 347.

4

(1) With effect from the date of commencement of this Act, all the property movable and immovable as shall have been received and held by the Board of Trustees of the Maradana Mosque for the general government and direction of Zahira College, Colombo, shall be deemed to have been leased to the Board by the said Board of Trustees of the Maradana Mosque for a period of thirty years with option of renewal.

(2) Subsection (2) of section 7 of the Maradana Mosque Ordinance is hereby repealed in so far as it relates to the vesting of the general government and direction of Zahira College.

(3) With effect from the date of commencement of this Act, all rights, powers and duties relating to the government and direction of Zahira College, Colombo, and all debts, liabilities and obligations of the Board of Trustees of the Maradana Mosque incurred by such Board of Trustees in respect of the administration, conduct and maintenance of Zahira College, Colombo, shall vest in and be transferred to the Board.

Board deemed to be proprietor of Zahira College, Colombo.

5. The Board shall be deemed to be the proprietor of Zahira College, Colombo, in which shall vest all property referred to in section 4 (1) and all other property including moneys by whomsoever received and held on account for the purpose of administering, conducting and maintaining Zahira College, Colombo.

Powers of the Board.

6. Subject to this Act and any other law, the Board shall have the power

(a) to manage, maintain, conduct and control all affairs of Zahira College, Colombo, as an educational institution;

(b) to appoint, employ and dismiss the Principal, Deputy Principal, Vice-Principals, members of the teaching staff, servants or other employees ;

(c) to acquire, purchase, hold or receive by way of gift, bequest, devise or grant, any movable or immovable property;

(d) to sell, exchange, mortgage, lease or otherwise dispose of any property belonging to the Board;

(e) to invest any funds of the Board, to raise loans and to borrow money; and

(f) to make rules not inconsistent with this Act or any other law which the Board may consider necessary or are required to be made for the proper discharge by the Board of its functions and duties in conducting the affairs of Zahira College, Colombo, and when made, to alter, amend, add to or rescind such rules.

Seal of the Board.

7. The seal of the Board shall not be affixed to any instrument whatsoever except in the presence of at least three members of the Board, duly authorized by the Board for the purpose, 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.

General welfare of Zahira College.

8. Subject to any law, it shall be lawful for the Board in all matters not provided for by this Act, to do all such acts and take all such measures necessary that may appear to the Board as best calculated to promote the welfare of Zahira College, Colombo.

Zahira College (Colombo) Fund.

9

(1) The Board shall establish a Fund called “The Zahira College (Colombo) Fund”, hereafter in this Act referred to as ” the Fund “.

(2) All moneys heretofore, or hereafter to be, received by any person or persons by way of gift, bequest, devise, donation, subscription, contribution, fees, grants, for and on account of and for the purpose of conducting the affairs of Zahira College, Colombo, shall be accountable to and transferred to the Board which shall deposit all such moneys to the credit of the Fund in one or more banks, as the Board shall determine.

(3) There shall be paid out of the Fund all disbursements necessary for the proper discharge of the functions of the Board in the administration, management, maintenance and conduct of the affairs of Zahira College, Colombo.

This Act to have precedence over Chapter 347.

10. The provisions of this Act shall have effect notwithstanding anything contained in the Maradana Mosque Ordinance, and accordingly in the event of any conflict or inconsistency between the provisions of this Act and that Ordinance, the provisions of this Act shall prevail.

Saving of 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 ace mentioned in this Act and those claiming by, from, or under them.