Nawalapitiya Dharul Uloom Al Hashimiya Arabic College (Incorporation) Act 2006

This Act may be cited as the Nawalapitiya Dharul

Uloom Al Hashimiya Arabic College (Incorporation) Act,

No. 33 of 2006.

From and after the date of commencement of this Act, such and so many persons as now are members of the

Nawalapitiya Dharul Uloom Al Hashimiya Arabic College

(hereinafter referred to as the “College”) and shall hereafter be admitted as members of the Corporation hereby constituted, shall be a body corporate with perpetual succession under the name and style of “the Nawalapitiya

Dharul Uloom Al Hashimiya Arabic College” (hereinafter referred to as “the Corporation”) 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.

The general objects for which the Corporation is constituted are hereby declared to be—

to produce Islamic Theologists who are competent to lead the community under the Islamic law of

to produce “Hafidhs” who have learnt the Holy

to protect Islam;

to promote and foster unity within the Islamic community and find solutions of problems of such community;

to promote the policies of “Sunnath Wal Jamaath”

to promote and foster the policies of the “Sunnath wal Jamaath” based on holy propagation of

to do all such acts and things as are in the opinion of the Corporation connected to any of the above and beneficial to the growth of the College.

The management, control and administrations of the Corporation shall subject to the provisions of this Act be administered by a Board of Management consisting of eleven members elected in accordance with the rules of the

The first Board of Management of the Corporation shall be the Board of Management of the College holding office on the day preceding the date of commencement of this Act and which shall hold office until a new Board of

The office bearers of the Corporation shall hold office for a term of one year and be eligible for re-election;

A committee member shall—

be a person who lives within the bounds of the

be a person of good character and will be respected by the Islamic Community; and

be a person who respects the law of “Shariaa” and the Theologians.

Subject to the provisions of this Act and any other written law, the corporation shall have the power to do, perform and execute all such acts, as are necessary or desirable for the promotion of 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 any 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.

It shall be lawful for the Corporation from time to time at any general meeting and by the vote of not less than two-thirds of the members present and voting, to make rules, not inconsistent with the provisions of this Act or any other written law for all or any of the following matters :—

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

Any rule made by the Corporation may be amended, altered, added to or rescinded in the manner as a rule may be made under subsection (1).

All debts and liabilities of the College existing on the day preceding the date of commencement of this Act, shall be paid by the Corporation hereby constituted and all debts due, subscriptions and contributions payable to the

College on that day, shall be paid to the Corporation for the purpose of this Act.

Nawalapitiya Dharul Uloom Al Hashimiya

The Seal of the Corporation shall not be affixed to any instrument whatsoever, except in the presence of the persons duly authorized by the Board, 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.

The financial year of the Corporation shall be the calendar year.

The Corporation shall cause proper accounts to be kept of its income and expenditure, assets and liabilities and all other transactions of the Corporation.

The accounts of the Corporation shall be audited by a qualified auditor.

In this section “qualified auditor” means—

The Corporation shall be able and capable in law to acquire and hold any property, movable or immovable, which may become vested in it by virtue of any purchase, subscription, gift, grant, testamentary disposition or otherwise, and all such property shall be held by the

Corporation for the purpose of this Act, and 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.

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 some other institution or institutions having objects similar to those of the Corporation and which is or are by rules prohibited from distributing any income or property among its members.

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

In the event of any inconsistency between the

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

Nawalapitiya Dharul Uloom Al Hashimiya