Special Educational Society (Incorporation)
Special Educational Society (Incorporation)
AN ACT TO INCORPORATE THE SPECIAL EDUCATIONAL SOCIETY.
WHEREAS an Association called and known as the "Special Educational Society" has heretofore been formed at Polommaruwa, Tangalle for the purpose of effectually carrying out and transacting all 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 now it will be for the public advantage to grant the said 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 Special Educational Society (Incorporation) Act, No. 3 of 1999.
Incorporation of the Special Educational Society.
2. From and after the commencement of this Act, such and so many persons as now are members of the Special Educational Society, Polommaruwa, Tangalle (hereinafter referred to as the "Society") or 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 "Special Educational Society" 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.
General Objects of the Corporation.
3. The general objects for which the Corporation is Constituted are hereby declared to be-
(a) to rehabilitate disabled persons, by providing them with educational services and engaging them in social services ;
(b) to grant awards to disabled persons ;
(c) to provide necessary aid and assistance to victims of natural disasters ;
(d) to protect and safeguard the rights of disabled persons ;
(e) to provide nutritious food, medical facilities, vocational training and employment to disabled persons ;
(f) to establish and maintain libraries, to subscribe for and issue books, journals, souvenirs and periodicals ;
(g) to promote, arrange, organize and hold, exhibitions, lectures, seminars, symposia, workshops, classes, debates, conferences, tours and excursions ;
(h) to co-operate and associate, with other associations, societies or organizations having objects similar to those of the Corporation ;
(i) to do all such other acts and things as are conducive or incidental to, the attainment of all or any of the above objects.
General Powers of Corporation.
4. Subject to the provisions of this Act and any other the written law, the Corporation shall have the power to do, perform and execute all such acts, matters and things whatsoever, as are necessary of 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 money, with or without security, to receive or collect grants and, donations, to invest its funds, and 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.
(1) The affairs of the Corporation shall subject to the rules in force for the time being of the Corporation, be administered by a Board of Management consisting of such number of members as may be provided for in such rules , and elected in accordance therewith.
(2) The First Board of Management of the Corporation shall consist of the members of the Board of Management of the Society holding office on the day immediately preceding the date of commencement of this Act and, whose names are specified in the Schedule hereto.
Rules of the Corporation.
(1) It shall be lawful for the Corporation, from time to time, at any general meeting and by a majority of not less than two-thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act or other written law, for all or any of the following matters :-
(a) the classification of membership and the admission, withdrawal or expulsion of members ;
(b) the election of the office - bearers, the resignation from, or vacation of, or removal from, office of, office bearers, and their powers, conduct and duties ;
(c) the election of the members of the Board of Management and its powers, conduct and duties and the terms of members of the Board of Management;
(d) the powers, conduct, duties and functions of the various officers, agents and servants of the Corporation ;
(e) the procedure to be observed for the summoning and holding, of meetings of the Board of Management, the times, places, notices and agenda of such meetings, the quorum therefore and the conduct of bussinetss 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, for the management of the affairs of the Corporation and the accomplishment of its objects.
(2) Any rule made by the Corporation and may be amended, altered, added to. or rescinded at a like meeting and in like manner as a rule made under subsection (1) .
(3) The members of the Corporation shall be subject to the rules in force for time being of the Corporation.
Fund of the Corporation.
(1) The Corporation shall have its own fund and all moneys received by way of gift, request, donation, subscription, contribution, fees or grants for and on account of the Corporation shall be deposited to the credit of the Corporation in one or more banks as the Council shall determine.
(2) The corporation may establish a depreciation fund or a sinking fund for the purpose of rehabilitation development or improvement of the property of the Corporation.
(3) There shall be paid out of the fund all sums of money to defray any expenditure incurred by the Corporation in the exercise performance and discharge of its powers, duties and functions under this Act.
Debts due to and payable by the Corporation,
8. All debts and liabilities of the Foundation 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 foundation on that day shall be paid to the Corporation for the purposes of this Act.
Corporation may hold property movable and immovable.
9. The Corporation shall be capable in law to acquire 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 shall 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.
Property remaining on dissolution.
10. If upon the dissolution of the Corporation there remains after the satisfaction of ail its debts and liabilities any property whatsoever, such property shall not be distributed among the members of the Corporation, but shall be given or transferred to some other institution or institutions having objects similar to those of the Corporation, and which is or are by the rules prohibited from distributing any income or property among its or their members. Such society or societies shall be determined by the members of the Corporation at or immediately before the time of dissolution 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 authorized for that purpose by the Corporation, who shall sign their name to the independent of the singing of any person as a witness.
Saving the rights of the Republic and others.
12. Nothing in this act contained shall prejudice or affect the rights of the republic or any body political or corporate or of any other person expect such as are mentioned in this act and 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 Tamil texts of this Act, the Sinhala text shall prevail.