De Silva V. De Silva, Et Al.,

1943 Present: Moseley A.C.J. and Keuneman J.

DE SILVA, Appellant, and DE SILVA, et al, Respondents.

238-D. C. Colombo, 1,286.

Public Service Mutual Provident Association (Cap. 207)-Meaning of word orphan-Rule defining term-Validity of Rule 8 (1).

The word "orphan" in section 3 of the Public Service Mutual Provident Association Ordinance includes the children of a deceased child as denned by rule 8 (1) of the rules of the Association.

Where an Ordinance gives power for the making of rules and provides that the rules if made in a particular manner shall have the same effect as if they were made under the Ordinance, and rules are made in the manner provided, the ordinary question of intra vires or ultra vires will not apply but it will be permissible for the Courts to consider whether the rules so made are consistent with the provisions of the Ordinance, and to hold that the rules if inconsistent with the provisions of the Ordinance are bad.

THIS was an interpleaded action brought by the plaintiff, The Public Service Mutual Provident Association. The plaintiff alleged that one C. A. de Silva was a member of the Association. On

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