Markez Islamic Centre (Incorporation)
Markez Islamic Centre (Incorporation)
AN ACT TO INCORPORATE THE MARKEZ ISLAMIC CENTRE
WHEREAS an Association called and known as the Markez Islamic Centre 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 formed 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 :-
, 1999 ]
1. This Act may be cited as the Markez Islamic Centre (Incorporation) Act, No. 19 of 1999.
Incorporation of the Markez Islamic Centre.
2. From and after the date of commencement of this Act, such and so many persons as now are members of the "Markez Islamic Centre" (hereinafter referred to as the "Centre") and such persons as shall hereafter be admitted as 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 "Markez Islamic Centre" and by that name may sue, and be sued, in all courts with full power and authority to have and to use a common seal and 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 encourage the observance of Islam ;
(b) to promote, foster and encourage research into, and the study of , the Arabic language, literature and Islamic religion, history and culture, in all their aspects;
(c) to promote research on Islam in the Tamil, Sinhala, Arabic and English languages ;
(d) to promote Islamic culture and morality ;
(e) to facilitate the study of' Islam and the Islamic way of life ;
(f) to establish and maintain friendly relations with other Islamic organisations engaged in similar pursuits, in and outside Sri Lanka ;
(g) to print, publish and distribute, books, journals, magazines and pamphlets on Islam ;
(h) to provide educational material in Sinhala on Islam, for Muslim students studying in the Sinhala medium ;
(i) to administer, maintain and develop, the Markez Islamic Centre ;
(j) to maintain the buildings of the Markez Islamic Centre and to construct if necessary, new buildings for the purpose of conducting classes, seminars and discourses in Islam ;
(k) to maintain the library and the lecture halls in the Markez Islamic Centre and to establish new lecture halls and libraries to promote the study of Islam ;
(l) to receive funds for the attainment of the aims and objects of the Corporation ;
(m) to promote educational and cultural activities ;
(n) to promote social and economic welfare activities.
General powers of the Corporation.
4. Subject to the provisions of the Act and any other written law, the Corporation shall have the power to do, perform and execute all such acts, matters and things 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 and to engage, employ and dismiss officers and servants for the carrying out of the objects of the Corporation.
Corporation may hold property movable or immovable.
5. The Corporation shall be able and capable in law to acquire and to hold any property, movable or immovable, which may become vested in it by virtue of any purchase, grant, gift, testamentary disposition or otherwise, and ail such property shall be held by the Corporation for the purpose of this Act and subject to the rules of the Corporation, with full power to sell, lease, rent, exchange or otherwise dispose of the same.
Management of the affairs of the Corporation.
(1)The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Committee of Management.
(2) The first Committee of Management of the Corporation shall be the Committee of Management of the Markez Islamic Centre holding office on the day preceding the date of the commencement of this Act, and whose names appear in the Schedule to this Act.
Debts due by and payable to the Centre.
7. All debts and liabilities of the Centre existing on the day preceding the date of commencement of this Act shall be paid by the Corporation hereby constituted and all debts due to. and subscriptions and contributions payable to the Centre on that day shall be paid to the Corporation for the purpose of this Act.
Accounts and Audit.
(1) The Corporation shall cause proper books of accounts to be kepi with respect to"
(a) all sums of money received or expended by the Corporation ; and
(b) the assets and liabilities of the Corporation.
(2) The accounts of the Corporation and the balance sheet shall he audited at least once a year by any qualified auditor or auditors appointed for the purpose by the Corporation.
(3) The Accounts of the Corporation and the balance sheet shall be open to the inspection of the members of the Corporation at ail reasonable times.
Property remaining on dissolution.
9. The moneys and property of the Corporation howsoever derived shall be applied solely towards the promotion of its objects as set forth herein, and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividend, loan, bonus or otherwise, howsoever, by way of profit, to the members of the Corporation :
Provided, however, that the provisions of this section shall not prohibit"
(a) the payment in good faith, of reasonable and proper remuneration to any officer or servant of the corporation or to any member of the Corporation for any services rendered by him to the Corporation ;
(b) the reimbursement or repayment of reasonable and proper expenses incurred, with the prior written approval of the Committee of Management, by any member, officer or servant of the Corporation, in the discharge or performance of his functions or duties or in promoting the objects of the Corporation.
Powers of the Corporation to acquire property, invest funds, raise loans &c.
10. If shall be lawful for the Corporation"
(a) to purchase, acquire, rent, construct or otherwise obtain, lands or buildings which may be required for the purpose of the Corporation and which may lawfully be acquired for those purposes and to deal with or dispose of, the same, as it may deem expedient, with a view to promoting the objects of the Corporation ;
(b) to invest any funds not immediately required for the purposes of the Corporation, in such manner as the Committee of Management may think fit from time to time and to vary and transfer any such investments ;
(c) to secure the discharge of any debt, or obligation of the Corporation in such manner as it may think fit;
(d) to receive subscriptions, grants, donations and gifts of all kinds, locally and from abroad, for the purposes of the Corporation ;
(e) to construct, alter or maintain, any buildings required for the purposes of the Corporation ;
(f) to appoint, dismiss or terminate officers and servants of the Corporation, and to pay them such salaries, pensions, gratuities and allowances as may from time to time be determined by the Committee of Management;
(g) to establish or contribute to any fund or scheme for the grant of gratuities, pensions, allowances or other benefits to officers or servants, past or present, of the Corporation or to the relatives or dependants of such officers and servants ;
(h) to enter into any contract with any person, company, society or body of persons, whether corporate or unincorporate, for promoting the objects of the Corporation ;
(i) to give grants, endowments or scholarships for the purposes of the Corporation ; and
(j) subject to the provisions of any other written law to do all other things necessary or expedient for the proper and effective carrying out of the objects of the Corporation.
Seal of the Corporation.
11. The seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of two members of the Committee of Management of the Corporation 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.
Savings of the rights of the Republic and others.
12. 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.
13. In the event of any inconsistency between the Sinhala and the Tamil lexis of this Act, the Sinhala text shall prevail.