Section No :  
Legislative Enactments
Makkiya Arabic College, Galle(Incorporation)
Makkiya Arabic College, Galle(Incorporation)
An ACT TO INCORPORATE MAKKIYA ARABIC COLLEGE, GALLE
Preamble.

WHEREAS Late As-Seyyed Ahamed Ibunu Salihul Yamani introduced the Shazuliya Thareekath to Sri Lanka in the Gregorian Year 1866, corresponding to Islamic Hijri-Year 1283 and established the first Zaviya in Sri Lanka in the Gregorian Year 1867, corresponding to Islamic Hijri Year 1284; and whereas his successors the late As-Seyyed Muhammed Aboobucker Miskeenul Khahiri and the late As-Seyyed Muhammad Salih Ibunu Abdul Qaadir Hasani Al Makky founded Makkiya Arabic College, Galle in the Gregorian Year 1870 corresponding to Islamic Year Hijri 1287, which is also the first Arabic Madrasa in Sri Lanka:

AND whereas the Board of Management of the said Makkiya Arabic College has applied for the incorporation of the College 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 December , 1988 ]
short title.

1. This Act may be cited as the Makkiya Arabic College, Galle (Incorporation) Act, No. 52 of 1988.

Incorporation of Makkiya Arabic college, Galle.

2. From and after the date of commencement of this Act, the persons, who had heretofore managed and carried on the affairs of the Makkiya Arabic Collage, Galle (herein after referred to as the " College "), and persons who shall hereafter be admitted to the Board of Management in accordance with the provisions of this Act and rules made thereunder, shall be a body corporate (hereinafter referred to as " the Corporation") with perpetual succession under the name and style of " The Makkiya Arabic College, Galle " 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 to 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 foster and encourage the research and the study of the Arabic language and literature and Islamic religion, history and culture, in all their perspectives ;

(b) to promote and encourage the study of Arabic language and literature and Islamic religion, history and culture in all their perspectives;

(c)

(i) to conduct Arabic and Islamic classes in order to equip the students to sit the Moulavi and other higher examinations,

(ii) to conduct examinations for the students who follow courses for the Moulavi and other higher examinations and to grant Moulavi Certificates of Competence to those who have followed courses set for the purpose by the said Corporation;

(d) to encourage educational activities among Muslims in all branches of knowledge ;

(e) to promote all other social, educational and religious activities ;

(f) to open branches to further the aforesaid objects;

(g) to print, publish and distribute books, journals, magazines and pamphlets on Islam;

(h) to establish and maintain reading rooms and to promote the study and propagation of Islam ;

(i) to encourage the practical observance of Islam ;

(j) to raise funds in Sri Lanka and abroad for the fulfilment of the aims and objects of the corporation ;

(k) to do all such other acts and things not inconsistent with this Act or any written law as are incidental, or conducive, to the attainment of the above objects or any one of them :

Provided always that the subject referred to in this section shall be exclusively in accordance with the " Sunnath wal Jamath of the Islamic Shariyath ".

General powers of the Corporation.

4. 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, matters and things whatsoever, as are necessary, or desirable or expedient, 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 moneys 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.

5.

(i) The affairs of the Corporation shall, subject to the rules of the corporation, be administered by a Board of Management consisting of such members as may be provided for in such rules and elected in accordance therewith.

(ii) 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 the commencement of this Act.

Rules of the corporation.

6.

(1) It shall be lawful for the Corporation, from time to time, at any General Meeting and by the votes 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 Jaw, for the management of the affairs of the Corporation and accomplishment of its objects. Such rules when made, may at a like meeting and in like manner, be altered, added to, amended or rescinded.

(2) The rules of the college in force on the day preceding the date of commencement of this Act, shall foe deemed to be the rules of the Corporation made under this section, in so far as they are not inconsistent with the provisions of this Act or any other written law.

(3) The members of the Corporation shall be subject to the rules of the Corporation.

Debts due by and payable to the college.

7. 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 and all debts due to, and subscriptions and contributions payable to, the College, on this day shall be paid to the Corporation for the purpose of this Act.

Corporation may hold and dispose of property movable and immovable.

8. The Corporation shall, subject to the rules of the Corporation be able and capable in law to take over, acquire, and hold, any property, movable or immovable, which may immovable. 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 rules of the Corporation, with full power to sell, mortgage, lease, exchange or otherwise dispose of the same.

Application of moneys and property.

9. The moneys and property of the Corporation whensoever 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 employee of the Corporation or to any member of the Corporation for any services rendered by him to the Corporation ;

(b) the payment of reasonable and proper rent for premises let to the Corporation by any member of the Corporation or by any Company of which a member of the Corporation is a shareholder; and

(c) the re-imbursement or repayment of reasonable and proper expenses incurred, with the prior approval of the Board of Management by any member, officer or employee 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. It 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 nut immediately required for the purposes of the Corporation, in such manner as the Board of Management may think fit and to vary and transfer any such investments from time to time;

(c) to raise or borrow money for any purpose of the Corporation and to secure the discharge of any debt, or obligation of the Corporation in such manner it may think fit;

(d) to solicit, raise and 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 subscribe or guarantee money for any charitable purpose;

(g) to undertake, accept, execute, perform and administer any lawful trusts and conditions affecting any real or personal property held, or owned, or to be held or owned, in trust for the Corporation or any other charitable association, institution, society or body and any other charitable trust;

(h) to establish, organize and maintain, different branches and institutions for different activities, programmes and projects, sponsored and conducted by the Corporation for promoting the objects of the Corporation ;

(i) to appoint, dismiss or terminate officers and servants of the Corporation, and to pay them such salaries, pensions, gratuities and allowances as may front time to time be determined by the Corporation;

(j) 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 ;

(k) to enter into any contract with any person, company, society or body of persons, whether corporate or unineoxporate, any Government department or local authority for promoting the objects of the Corporation;

(l) to do all other things not inconsistent with this Act or any other law as are 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 such number of persons as may be provided for in the rules 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 persons as a witness.

Limitation of liability of members.

12. No member of the Corporation shall for the purpose of discharging the debts and liabilities of the Corporation or for any other purpose, be liable to make any contribution exceeding the amount of such membership fees as may be due from him to the Corporation.

Saving of the rights of the Republic and others.

13. Nothing in this Act contained shall prejudice or affect the right to 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.