Dawat-E-Hadiyah (Sri Lanka) (Incorporation)

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Published: 1994

Dawat-e-hadiyah (Sri Lanka) (Incorporation)
Dawat-e-hadiyah (Sri Lanka) (Incorporation)




AN ACT TO INCORPORATE THE DAWAT-E-HADIYAH SRI LANKA.






Preamble.
WHEREAS-



(a) His Holiness Dr. Syedna Mohammed Burhanuddin is the fifty-second incumbent in the office of the Dai al-Mutlaq having been duly appointed by his predecessor by an act of designation in accordance with the canons and principles of Dawat-e-Hadiyah :



(b) the Dai al-Mutlaq the representative and vicegerent of the Imam in Satr, is the supreme head or the worldwide Dawoodi Bohra Community, a denomination of Islam distinguished as the Shia Fatimi, Ismaili, Tayyibi, Dawoodi Bohras (hereinafter referred to as the "Community"):



(c) Dawat-e-Hadiyah in the person of the Dai al-Mutlaq fulfills and realizes the spiritual religious, temporal and moral needs of the Community and establishes and administers places of worship dedicated to Allah, and community centres and organizations to serve the needs of the Community:



AND WHEREAS all assets, funds, properties and investments belonging to Dawat-e-Hadiyah and other organizations of the Community, or held by any person or body of persons for the advantage and benefit of any or all of them and recognised as such by the Dai al-Mutlaq are vested in or held and possessed by the Dai al-Mutlaq and he at his sole and absolute discretion, controls and guides the administration and management thereof:



AND WHEREAS it is desirable and expedient that the Dai al-Mutlaq and his successors, in the office of the Dai al-Mutlaq be incorporated as a Corporation Sole with perpetual succession as hereinafter set forth, for the continuance and better control and guidance, of the administration and management of the said assets, funds, properties, investments and other affairs in Sri lanka:



AND WHEREAS the fifty-second Dai al-Mutlaq, His Holiness Dr. Syedna Mohammed Burhanuddin has applied for the incorporation of the Dai al-Mutlaq 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 :-



[7th June

, 1994 ]













Short title.



1. This Act may be cited as the Dawat-e-Hadiyah (Sri Lanka) (Incorporation) Act, No. 12 of 1994.



Incorporation of the Dawat-e- Hadiyah (Sri Lanka).



2. From and after the date of commencement of this Act the Dai-al-Mutlaq, the supreme head of the Dawoodi Bohra Community, to wit, His Holiness Dr. Syedna Mohammed Burhanuddin the fifty-second Dai al-Mutlaq and his successors that is, each incumbent in the office of the Dai al-Mutlaq duly appointed by his predecessor by an act of designation in accordance with the canons and principles of Dawat-e-Hadiyah, shall be and become a Corporation Sole with perpetual succession. Such Corporation Sole shall be known as the " Dawat-e-Hadiyah (Sri Lanka) " (hereinafter referred to as the "' Corporation ") and may by that name 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 of the Corporation shall be to promote the spiritual, religious, ecclesiastical, charitable, educational, social and other purposes of Dawat-e-Hadiyah in Sri Lanka.



General powers of the Corporation.



4. In accordance with the canons and principles of Dawat-e-Hadiyah and subject to the provisions of this Act and any other written law, the Corporation shall have the capacity and the rights, powers and privileges, without limiting the generality of the above objects-





(a) to erect, build, establish and administer places of worship dedicated to Allah, community centres and organizations, to serve the needs of the Community ;



(b) to acquire any property, movable or immovable whether situated in Sri Lanka or In any other part of the world and every estate, right and interest therein which may become vested in the Corporation by virtue of any purchase, dedication, donation, gift, bequest, devise or otherwise with full power to sell, mortgage, lease, exchange or otherwise deal with, divest or dispose of same;



(c) to hole any of the said property, estate right or interest, in any manner whatsoever, for the attainment of the objects of the Corporation.



(d) to invest, without any limitation as to amount or value and whether by way of purchase, loan or otherwise, the funds of the Corporation or any portion thereof in-





(i) the acquisition of such non-interest bearing securities as it may deem fit;



(ii) the purchase of movable and immovable property ;



(iii) mortgages, without interest on movable and immovable property ; and



(iv) any other investments that the Corporation may deem suitable;



(e) to entrust the administration and management of any property of the Corporation to any person or body of persons whether corporate or unincorporate on such terms and conditions as it may deem fit;



(f) to collect and receive religious contributions ;



(g) to receive and give Qardan Hasana (interest-free loans), fix the terms of its repayment and, give or take security for such loans, upon such terms and conditions as the Corporation may deem fit;



(h) to charge, mortgage, hypothecate or pledge, without interest, all or any of the movable or immovable property of the Corporation in order to secure any debt, obligation or liability;



(i) to extend the benefit of its objects in and outside Sri Lanka;



(j) to appoint, employ and dismiss such persons as may be required for carrying out the objects of the Corporation;



(k) to do all such other acts and things as may be necessary or incidental to the attainment of the objects of the Corporation.



Power to appoint Nominees.



5. The Dai al-Mutlaq shall have the power to appoint, remove and replace nominees, for such time and such purposes and delegate such powers as he may determine from time to time, for the purpose of carrying out the functions and activities of the Corporation.



Vesting of property held by the Dai al-Mutlaq.



6.





(1) All movable and immovable property of every description and every estate, right, title and interest therein, in Sri Lanka belonging to the fifty-second Dai al-Mutlaq, Holiness Dr. Syedna Mohammed Burhanuddin in his capacity as the Dai al-Mutlaq and his predecessors in that office and shall vest in the Corporation, subject to all existing contracts and all liens and encumbrances thereon and subject to the provisions of any other written law.



(2) All Masajid (places of worship), Jamaatkhanas (community centres), Qabrastan (burial grounds) and Madaris (schools) dedicated to Allah and all other immovable property of every description and every estate, right, title and interest therein in Sri Lanka already acquired, held and possessed by the Dawoodi Bohra Trust or by the Anjuman-e-Saifi (Sri Lanka) Trust or by any other trust, or by any person or body of persons in trust for the purposes of Dawat-e-Hadiyah or for the advantage and benefit of the Dawoodi Bohra Community and recognised as such by the Dai al-Mutlaq shall vest in the Corporation subject to all existing liens and encumbrances thereon and subject to the provisions of any other written law.



Rules of Corporation.



7. In accordance with the canons and principles of Dawat-e-Hadiyah and subject to the provisions of this Act and any other written law, it shall be lawful for the Corporation 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 place of the Head Office;



(b) the appointment, remuneration, transfer, dismissal and disciplinary control of all its employees;



(c) the opening, operating and closing of bank accounts ;



(d) the keeping of the books of account and other documents;



(e) the fiscal year and the audit of accounts of the Corporation;



(f) the appointment of an auditor to audit the accounts;



(g) generally for the management of the affairs Dawat-e-Hadiyah (Sri Lanka) and accomplishment of its objects.



Debts due by and payable to the Dai al-Mutlaq.



8. All debts and liabilities in Sri Lanka of His Holiness Syedna Mohammed Burhanuddin in his capacity as Dai al- Mutlaq existing on 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 Dai al-Mutlaq on that day shall be paid to the Corporation.



Seal of the Corporation.



9. The corporation shall have a seal which shall be officially and judicially noticed. The affixing of the seal to any instrument shall be authenticated by the Dai al-Mutlaq or by such person or persons duly appointed by the Dai al-Mutlaq from time to time for the said purpose.



Privileges of the Dai al-Mutlaq.



10. Nothing in this Act shall in any way limit, curtail, diminish or vary or in any other manner, prejudice, or affect the powers and privileges, rights and authority of the Dai al-Mutlaq, subject however to the applicable law of Sri Lanka.



Saving of the rights of the Republic and others.



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 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.



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