The Medico-legal Society Of Sri Lanka(Incorporation)



The Medico-legal Society Of Sri Lanka(Incorporation)
AN ACT TO INCORPORATE THE MEDICO-LEGAL SOCIETY OF SRI LANKA
Preamble.

WHEREAS an Association called and known as the ” Medico-Legal Society of Sri Lanka ” has heretofore been established in Sri Lanka for the purpose of effectually carrying out and transacting all objects and 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 Parliament of the Democratic Socialist Republic of Sri Lanka as follows:

[24th August
, 1993
]
Short title.

1. This Act may be cited as the Medico-Legal Society of Sri Lanka (Incorporation) Act, No. 37 of 1993.

Incorporation of the Medico-Legal Society of Sri Lanka.

2. From and after the date of commencement of this Act, such and so many persons as now are members of the Medico-Legal Society of Sri Lanka (hereinafter referred to as ” the Society “), or shall hereafter be admitted as members of the Corporation hereby constituted, shall be and become a body corporate (hereinafter referred to as “the Corporation”) with perpetual succession under the style and name of ” the Medico-Legal Society of Sri Lanka,” 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.

Genera: objects of the Corporation

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

(a) the furtherance of the place of medicine and other allied sciences, in the administration of justice;

(b) the promotion and dissemination of Medico-Legal knowledge in all its aspects ;

(c) the holding of meetings, seminars and symposia at which research papers may be discussed for the furtherance of the aforesaid objects of the Corporation ;

(d) the promotion of international exchanges of trained personnel and’ the organization and holding of congress ; and

(e) the seeking of support and assistance from the Government, both local and international associations and well wishers in matters relating to the objects of the Corporation ; and

(f) collaborating with the Government or with any governmental or local authority or any authoirty in Sri Lanka or elsewhere in any project or undertaking relating to the aforesaid objects.

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 or close bank accounts, to borrow or raise money with or without security, to receive or collect grants and donations, to invest its funds, 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 a Council consisting of such numbers of persons as may be provided for in such rules and elected in accordance therewith.

(2) The first Council of the Corporation shall be the Council of the Society 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 of the Corporation with full power and authority to manage and control the movable and immovable property of the Corporation with power to convert or alter any existing or future investments of the Corporation whether movable or immovable the trustees shall perform their duties and discharge their functions in accordance with the rules of the Corporation. Every Trustee shall hold office for three years from election untill resignation or removal by a decision of the majority of the Trustees.

(2) The members of the first Board of Trustees shall be the persons whose names are set out in the Schedule to this Act.

(3) Where any Trustee dies or resigns or is removed from office or his term of office expires, his successor shall be elected by the remaining Trustees from among the members of the Council of the Corporation who have completed not less than five years of membership.

(4) A member of the Board of Trustees shall be eligible for re-appointment.

(5) The quorum for a meeting of the Board of Trustees shall be three.

Rules of the Corporation.

7.

(l) It shall be lawful for the Corporation from time, to time at any Annual General Meeting or at a Special General Meeting 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, expulsion of members ;

(b) the election of the office bearers who shall be a President, two Vice-Presidents, a Treasurer, an assistant treasurer, two Secretaries, an assistant Secretary, two Editors of transactions and Members of the Council ;

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

(d) the powers, conduct, duties and functions of various officers, agents and servents of the Corporation ;

(e) the procedure to be observed at meetings of the Council and the Board of Trustees the summoning and holding of meetings of the Council and the Board of Trustees, the times, places, notices and agenda of such meetings, the quorum therefore 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 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 laid down under subsection (1).

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

Application of rules 13 and 14 of the, Constitution of the Society.

8.

(1)Application of Rules 13 and 14 of the constitution of the society pertaining to Annual General Meetings and Special General Meetings shall be in so far as they are not inconsistent with the provisions of this Act, or other written law, be deemed to be rules made by the Corporation under section 7.

(2) All property of the Society movable or immovable shall vest in the Corporation from the date of the commencement of this Act.

Debts due by and payable to the Society.

9. All debts and liabilities of the Society existing on the day immediately 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 day shall be paid to the Corporation for the purposes of this Act.

Corporation may hold property movable and immovable.

10. 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 dispose of the same.

How the teal of the Corporation, is to be affixed

11. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of two 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.

Dissolution or Winding up.

12. In the event of the dissolution or winding up of the Corporation if there remains after the satisfaction of all its debts and liabilities any property whatsoever, the same shall be given or transferred to some society or institution having objects similar to the objects of the Corporation, at the discretion of the Board of Trustees, at the time of such winding up or dissolution.

Matters not provided for.

13. 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 Trust Ordinance.

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.

Sinhala text to prevail in case of Inconsistency.

15. In the event of any inconsistency between the Sinhala and the Tamil texts of this Act, the Sinhala text shall pvevail.


Schedules