Al Haj S. M. M. Hussain Charitable Trust (Incorporation) Act 2009

This Act may be cited as the Al Haj S. M. M. Hussain

Charitable Trust (Incorporation) Act, No. 74 of 2009.

From and after the date of commencement of this Act, such and so many persons as now are members of the Board of Trustees of the Al Haj S. M. M. Hussain Charitable Trust

(hereinafter referred to as the “Trust”) 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 “the Al Haj S. M. M. Hussain Charitable Trust”

and by that name may sue and be sued with full power and authority to have and use a common seal and to alter the same at its pleasure

Al Haj S. M. M. Hussain Charitable Trust

The general objects of the Corporation shall be—

to provide assistance to Sri Lankan Muslim students prepairing for G. C. E. (Advanced Level)

to grant scholarships, to provide career guidance and enhance educational, technical and professional skills of Sri Lankan Muslims in any University,

to guide and assist in the development of education including technical enducation, of Sri Lankan

to provide for and assist in the establishment, construction, repair or renovation of any Islamic

to provide for the relief of poverty and assist Muslims affected by any natural disaster ; and

to collect, funds, subscriptions and other donations for the aforesaid purposes.

The Corporation shall, subject to the provisions of this

Act or any other written Law, have the following powers:—

to receive grants, gifts, donations and subscriptions in cash or kind from local sources ;

to perform and execute all such acts as may be necessary for the carrying out of the objects of the

to open, operate and close bank accounts ;

to invest, borrow or raise money with or without security ; and

to engage, employ and dismiss personnel required to carry out the objects of the Corporation.

The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of

The members of the Board of Trustees of the Trust holding office on the day preceding the date of commencement of this Act, shall be the members of the first

The Board shall have the power to fill the vacancies that may arise due to death, incapacity or resignation of a member of the Board as provided for in the rules of the

It shall be lawful for the Corporation, from time to time, at any meeting of the Board and by majority of votes, 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 including the procedure to be followed at the meetings of the Board and the quorum for the meetings of the Board:—

Rules of the Corporation when made may, at a like meeting and in like manner be altered, added to, amended or rescinded.

The members of the Board shall be subject to the rules of the Corporation.

All debts and liabilities of the Trust existing at the time of the coming into operation of this Act shall be paid by the Corporation hereby constituted and all debts due to and subscriptions, donations and contributions payable to the

Trust shall be paid to the Corporation, for the purposes of this Act.

The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of testamentary disposition, donations, contribution and fees deposited in the name of the Corporation in one or more banks in Sri Lanka as may be decided by the Board.

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.

The Board shall cause proper accounts to be kept of the moneys received and expended by the

The Accounts of the Corporation shall be examined and audited at least once in every year and the correctness of the income and expenditure account and the balance sheet shall be certified by a qualified auditor or auditors appointed by the Corporation.

In this section “qualified auditor ” means —

The Corporation shall subject to the rules of the Corporation made under section 6 be able and 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 afore said rules of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

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

If upon the dissolution of the Corporation there remains after the satisfaction of all 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 institution or institutions having objects similar to the objects of the Corporation and which is or are by the rules thereof prohibited from distributing any income or property, among the members of such institution or institutions and at the discretion of the Board of

Management of the Corporation.

Al Haj S. M. M. Hussain Charitable Trust

Nothing in this Act contained shall prejudice or affect the rights of the Republic or of any body politic or corporate.

In the event of any inconsistency between the

Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.

Al Haj S. M. M. Hussain Charitable Trust

Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180

(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th

December each year in respect of the year following.

Al Haj S. M. M. Hussain Charitable Trust

This Act may be cited as the Al Haj S. M. M. Hussain

Charitable Trust (Incorporation) Act, No. 74 of 2009.

From and after the date of commencement of this Act, such and so many persons as now are members of the Board of Trustees of the Al Haj S. M. M. Hussain Charitable Trust

(hereinafter referred to as the “Trust”) 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 “the Al Haj S. M. M. Hussain Charitable Trust”

and by that name may sue and be sued with full power and authority to have and use a common seal and to alter the same at its pleasure

Al Haj S. M. M. Hussain Charitable Trust

The general objects of the Corporation shall be—

to provide assistance to Sri Lankan Muslim students prepairing for G. C. E. (Advanced Level)

to grant scholarships, to provide career guidance and enhance educational, technical and professional skills of Sri Lankan Muslims in any University,

to guide and assist in the development of education including technical enducation, of Sri Lankan

to provide for and assist in the establishment, construction, repair or renovation of any Islamic

to provide for the relief of poverty and assist Muslims affected by any natural disaster ; and

to collect, funds, subscriptions and other donations for the aforesaid purposes.

The Corporation shall, subject to the provisions of this

Act or any other written Law, have the following powers:—

to receive grants, gifts, donations and subscriptions in cash or kind from local sources ;

to perform and execute all such acts as may be necessary for the carrying out of the objects of the

to open, operate and close bank accounts ;

to invest, borrow or raise money with or without security ; and

to engage, employ and dismiss personnel required to carry out the objects of the Corporation.

The affairs of the Corporation shall, subject to the rules of the Corporation, be administered by a Board of

The members of the Board of Trustees of the Trust holding office on the day preceding the date of commencement of this Act, shall be the members of the first

The Board shall have the power to fill the vacancies that may arise due to death, incapacity or resignation of a member of the Board as provided for in the rules of the

It shall be lawful for the Corporation, from time to time, at any meeting of the Board and by majority of votes, 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 including the procedure to be followed at the meetings of the Board and the quorum for the meetings of the Board:—

Rules of the Corporation when made may, at a like meeting and in like manner be altered, added to, amended or rescinded.

The members of the Board shall be subject to the rules of the Corporation.

All debts and liabilities of the Trust existing at the time of the coming into operation of this Act shall be paid by the Corporation hereby constituted and all debts due to and subscriptions, donations and contributions payable to the

Trust shall be paid to the Corporation, for the purposes of this Act.

The Corporation shall have its own fund and all moneys heretofore or hereafter to be received by way of testamentary disposition, donations, contribution and fees deposited in the name of the Corporation in one or more banks in Sri Lanka as may be decided by the Board.

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.

The Board shall cause proper accounts to be kept of the moneys received and expended by the

The Accounts of the Corporation shall be examined and audited at least once in every year and the correctness of the income and expenditure account and the balance sheet shall be certified by a qualified auditor or auditors appointed by the Corporation.

In this section “qualified auditor ” means —

The Corporation shall subject to the rules of the Corporation made under section 6 be able and 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 afore said rules of the Corporation with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

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

If upon the dissolution of the Corporation there remains after the satisfaction of all 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 institution or institutions having objects similar to the objects of the Corporation and which is or are by the rules thereof prohibited from distributing any income or property, among the members of such institution or institutions and at the discretion of the Board of

Management of the Corporation.

Al Haj S. M. M. Hussain Charitable Trust

Nothing in this Act contained shall prejudice or affect the rights of the Republic or of any body politic or corporate.

In the event of any inconsistency between the

Sinhala and the Tamil texts of this Act, the Sinhala text shall prevail.

Al Haj S. M. M. Hussain Charitable Trust

Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180

(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th

December each year in respect of the year following.