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Short title.
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1. This Act may be cited as the Thanthai Chelva Memorial Trust (Incorporation) Act, No. 47 of 1982.
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Incorporation of the Thanthai Chelva Memorial Trust.
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2.
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(1) From and after the date of commencement of this Act, the Thanthai Chelva Memorial Trust shall be and is hereby constituted a body corporate with the name of “The Thanthai Chelva Memorial Trust” (hereinafter referred to as “the Trust”).
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(2) The Trust shall, in the name assigned to it by subsection (1) and for the purposes herein mentioned, have perpetual succession, and may by the said name sue and be sued in all courts, and shall have a common seal with power to alter the same at its discretion.
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object of the Trust.
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3. The object for which the Trust is incorporated is hereby declared to be to administer, manage and control as a separate and distinct fund
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(1) the Thanthai Chelva Memorial Samadhi Fund (hereinafter referred to as “the Samadhi Fund”) to be Utilized for the purposes of
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(a) maintaining and preserving, the Samadhi with the commemorative pillar constructed to enable the people of the country and visitors from abroad to pay homage to the departed leader Thanthai Chelva; and
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(b) keeping the said Samadhi in good repair including the construction of any extensions and any additions, alterations, or modifications as and when necessary or deemed fit by the Board of Trustees; and
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(2) the Thanthai Chelva Educational Fund (hereinafter referred to as ” the Educational Fund”) to be utilized for the advancement of education in general and particularly for the following other purposes:
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(a) providing financial assistance by . way of scholarships, loans, advances and other grants to deserving students of the Tamil speaking community to pursue their studies including research in Sri Lanka and abroad ;
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(b) organizing memorial lectures to be delivered by eminent persons annually or bi-annually on topics of public interest;
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(c) publishing books and papers of the aforesaid :memorial lectures in the field of Tamil language, Tamil literature and on the social, political, historical and economic development of the Tamil speaking people and publishing the biography and speeches and writings of Thanthai Chelva and of other Tamil scholars and leaders;
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(d) building and establishing a library which shall house in particular leading works in Tamil and on the social, economic, political and historical development of the Tamil speaking people and the writings and speeches of Thanthai Chelva and other leaders ;
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(e) organizing and training Sarvodaya youth service teams who by the participation in Shramadana work connected with village development and community welfare, -will help to initiate a pervasive social transformation and a wholesale metamorphosis of habits, values and attitudes;
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(f) establishing and promoting evening schools to foster adult education with the view to eradicate illiteracy among the Tamil speaking people; and
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(g) providing financial assistance by way of scholarships, loans, advances and other grants to promote research studies on Tamil culture, Tamil language, Tamil literature, historical and socio-economic development of the Tamil speaking people and in general, any research study that would benefit the Tamil speaking community.
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Board of Trustees.
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4.
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(1) The affairs of the Trust shall, subject to this Act and the rules made thereunder, be administered by a Board of Trustees composed of at least seven members and constituted as hereinafter provided.
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(2) The first Board of Trustees for the purposes of this Act shall be the Board of Trustees, comprising the Trustees who were parties to the Deed of Trust afore-mentioned and three other persons elected by them, holding office at the time of the coming into operation of this Act.
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(3) The Chairman of the Board of Trustees shall be elected by a simple majority of those present and voting.
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(4) The Board of Trustees shall elect from themselves a Secretary to the Board. It shall be the duty of the Secretary to send but notice of meetings, maintain a Minute Book in which he shall record all proceedings of meetings of the Board and discharge the functions and perform the duties as are delegated to him by the Board from time to time.
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(5) The office of a Trustee shall be deemed to be vacant if the Trustee
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(a) dies or becomes incapacitated ; or
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(b) having been declared an insolvent or bankrupt under any law in force in Sri Lanka or in any other country, is an undischarged insolvent or bankrupt; or.
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(c) is convicted of an offence involving moral turpitude; or
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(d) neglects to Act as a Trustee.
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(6) Vacancies in the Board of Trustees shall be filled by appointment by the remaining Trustees as and when vacancies occur.
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(7) The Board of Trustees shall meet at least once in every three months.
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(8) the Chairman of the Board of Trustees shall, if present, preside at meetings of the Board. In the absence of the Chairman at any meeting, such member of the Board as may be elected for the purpose by the members present at the meeting shall preside.
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(9) The quorum for meetings of the Board of Trustees shall be three members.
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(10) No act or proceeding of the Board of Trustees shall be invalid by reason only of any vacancy in the membership of the Board.
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(11) Except where otherwise provided for, every decision of the Board shall be taken by a majority vote of the members present and voting, provided that in the event of an equality of votes, the Chairman or the member presiding shall have a casting vote in addition to his original vote.
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(12) The Trustees shall not be entitled to receive any remuneration by way Of salary, allowance or honorarium, but may be reimbursed for actual out of pocket expenses incurred by them in the performance of their duties.
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Accounts, and audit.
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5.
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(1) The Board of Trustees shall cause proper books of accounts to be kept of the income and expenditure, assets and liabilities and all other transactions of the Trust.
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(2) The accounts of the Samadhi Fund and the Educational Fund shall be kept separate and distinct and no disbursement, in whatever form it may be, shall be made from one fund to another.
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(3) The accounts of the Trust shall be audited by a qualified auditor appointed by the Board of Trustees.
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(4) The financial year of the Trust shall be the calendar year ending 31st March.
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Rules.
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6.
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(1) The Board of Trustees may from time to time, at a general meeting and by a majority of votes; of not less than two-thirds of the members of the Board present and voting thereat, make rules-not inconsistent with this Act, as the Board may deem expedient, with regard to all or any of the following matters:
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(a) the conduct and duties of the Board of Trustees and the procedure to be observed in the transaction of the affairs of the Trust;
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(b) the conduct, duties and functions of the employees of the Trust;
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(c) the administration and management of the property of the Trust, the maintenance and the opening of bank accounts, and the operation of such accounts ;
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(d) the raising of funds, and the collection and acceptance of gifts, grants and donations ; and
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(e) any other matter connected with or incidental to the attainment of the objects of the Trust.
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Such rules when made may, at a like meeting and in like manner, be altered, added to, amended or rescinded.
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(2) The members of the Board of Trustees shall be subject to the rules of the Trust.
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Power to hold property &c.
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7. Subject to the provisions of this Act and any other written law, and the rules of the Trust, the Trust shall be capable in law
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(a) of acquiring and holding any property, movable of immovable, which may become vested in it by virtue of any purchase, grant, gift, demise or otherwise :
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(b) of erecting any building on any land vested, acquired or held by the Trust; and
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(c) of selling, granting, conveying, assigning or otherwise disposing any of its properties :
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Provided however that the Board shall not use any moneys belonging to the Trust Funds in the purchase or lease of any immovable property, unless the Board, by a resolution which has been passed at a meeting by a majority which is not less than two-thirds of the number of members present at such meeting decides so to do.
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Investment of fund of the trust.
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8. The Board shall have power to invest the funds of the Trust in Government securities or in primary mortgages of property situated within the administrative limits of the Jaffna Municipal Council,
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How seal of the Trust is to be affixed.
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9. The seal of the Trust shall not be affixed to any instrument whatsoever except in the presence of two Trustees, duly authorized by resolution 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.
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Property remaining on dissolution.
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10. If upon the dissolution of the Trust there remains, after the satisfaction of all debts and liabilities any property (including monies lying to the credit of the Trust), such property shall be and become vested in the Municipal Council of Jaffna.
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Saving of rights of the Republic and others.
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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 are mentioned in this Act, and those claiming by, from or under them.
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