Manfa-Ul-Hudha Arabic College (Incorporation)



Manfa-Ul-Hudha Arabic College (Incorporation)
AN ACT TO INCORPORATE THE BOARD OF MANAGEMENT OF THE MANFA-UL-HUDHA ARABIC COLLEGE
Preamble

WHEREAS a College called and known as the “Manfa-Ul-Hudha Arabic College” has heretofore been established in Sri Lanka :

AND WHEREAS the affairs and objects of the said College have heretofore been managed and carried out by a Board of Management:

AND WHEREAS the said Board of Management 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 : ”

[25th March
, 1992 ]
Short title.

1. This Act may be cited as the Board of Management of The Manfa-Ul-Hudha Arabic College (Incorporation) Act, No. 19 of 1992.

Incorporation-of the Board of Management of the Manfa-Ul-Hudha Arable College.

2. From and. after the date of commencement of this Act, such and so many persons as now are members of the Board of Management of the Manfa-Ul-Hudha Arabic College (hereinafter referred to as the ” College”) 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 name and style of the “Board of Management of the Manfa-Ul-Hudha Arabic College” 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 to alter the same at its pleasure.

General objects of the Corporation.

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

(a) to provide greater opportunities for Muslims to participate in their fundamental religious obligations ;

(b) to produce men learned in religion (Ulema) ; and

(c) to preserve the Sharia (Islamic Law) and Islamic Culture.

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, to construct any building on any land vested in or acquired or held by the Corporation and to engage, employ and dismiss officers and servants required for the carrying out of the objects of the Corporation.

Composition of the Board of Management.

5.

(1) The Board of Management shall consist of the office-bearers and such number of members as may be provided for in the rules of the Corporation and elected in accordance therewith,

(2) The first Board of Management of the Corporation shall be the Board of Management of the College holding office on the day preceding the date of commencement of this Act.

Rules of the Corporation.

6.

(1) It shall be lawful for the Corporation at an Annual General Meeting or at any meeting specially convened for the purpose, and by a majority of votes 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 in respect of all or any of the following matters : ”

(a) the election of the members of the Board of Management ;

(b) the term of office of members of the Board of Management :

(c) the meetings of the Corporation, and the procedure to be followed in the transaction of business, at such meetings;

(d) the payment out of the funds of the Corporation, of: expenses incurred by the Corporation in carrying-out the objects of the Corporation;

(e) the opening of bank accounts and the operation of such accounts;

(f) the conduct of duties of various officers, agents, employees and servants of the Corporation;

(g) generally for the management of the affairs of the Corporation and attainment of its objects.

(2) Any rule made by the Corporation may be amended or rescinded in like manner as a rule may be made under subsection (1).

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

Debts due by and payable to the College.

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

Corporation may hold property movable and immovable.

8. The Corporation shall be 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 in force for the time being 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.

9. The seal of the Corporation shall not be affixed to any instrument whatsoever except in the presence of two members of the Board of Management who shall sign their names on the instrument in token of their presence, and such signing shall be independent of the signing of any person as a witness.

Saving of the rights of the Republic and others.

10. 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 person, except such as are mentioned in this Act; and those claiming by, from, or under, them.

Sinhala text to prevail in case of inconsistency.

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