Whitton Charitable Trust Act

Chapter number: 
In force: 

EDITORS' NOTE: The digital versions of legislation accessible through SeyLII are UNOFFICIAL and provided solely in the interests of increasing access to legal information.  Their currency and accuracy cannot be warranted.  Official versions of Seychelles legislation can only be obtained in hard copy from the Attorney-General’s Chambers, Department of Legal Affairs

This Cap was repealed by Act 9 of 2006.  The text below is reproduced for historical reference purposes only.


                                  CHAPTER 246


                  WHITTON CHARITABLE TRUST ACT        

                               [30th December, 1966]  


Act 13 of 1966.

S.I 95 of 1975

Act 23 of 1976






1.         Short title

2.         Establishment of Board of Trustees

3.         Board constituted corporate body

4.         Composition of Board

5.         Quorum and voting

6.         Chairman or delegate to sign documents

7.         Power to act etc., in corporate name and service

8.         Powers of Board

9.         Funds to vest in the Board

10.     Books, accounts and audit

11.     Regulations



Short title        1.     This Act may be cited as the Whitton Charitable Trust Act.



Establishment  2.     There shall be established in accordance with this Act a

of Board of     Board of Trustees, hereinafter referred to as "the Board", which shall

Trustees.          manage and administer the funds bequeathed to the Government of

3/23/1976.       Seychelles under the will of the late Herbert Thomas Whitton so that the income derived from the investment of such funds is applied by the Board in making small monthly payments to elderly persons in distressed circumstances residing in South Mahe.


Board consti-  3.  The Board shall be a coporate body under the name of “The

tuted corpo-    Trustees of the Whitton Charitable Trust.”

rate body.



Composition    4.(1)The Board shall be composed of such members, not less than

of Board.         three, as the Minister in his sole discretion may from time to time appoint.




(2)     The Chairman of the Board shall be appointed by the Minister from among the members of the Boar


(3)     In case of death, absence from Seychelles, resignation, revocation of appointment or incapacity to act of the Chairman or of any member of the Board or when a vacancy arises from any other cause, the Minister may make the necessary appointment to fill the vacancy either temporarily or permanently:


Provided that when the Chairman is absent from any meeting of the Board or avacancy arises in the chairmanship and no new appointment has been made, the members of the Board may choose one of their number to preside at the meeting.


Quorum and    5.(l)Three members of the Board shall form a quorum.


SI. 95/1975     (2)   Decisions of the Board shall be taken on a majority of votes of members present and voting but on any matter on which the votes of the Board are equally divided the Chairman or, in his absence, the member of the Board presiding at the meeting, shall have a second or casting vote.


Chairman or    6.     All deeds, acts and documents, concerning the corporate body

delegate to      shall be signed by the Chairman of the Board or by the person

sign                  delegated by him in writing to exercise his powers under this section,

document        either generally, or for a particular purpose or occasion.


Power to          7.     The Board as a corporate body, may act, sue, and be sued under

etc., in corpo-  its corporate name and may for all purposes be described by that name

rate name         and service on the corporate body shall be effected by service on the

and service.     Chairman of the Board.


Powers of        8.     The Board as a corporate body shall have power to acquire, hold,

Board.             manage, dispose of or alienate property, movable or immovable, and to do all such acts and things as any person of full age and capacity may do and period consistent with its sum of corporate body and with the purpose for which it is established.


Funds to          9.     The funds bequeathed to the Government of Seychelles

vest in the        under the will of the late Herbert Thomas Whitton shall by virtue

Board.             of this Act, be transferred to and vest in the Board.





Books,             10.(1) The Board shall cause proper books and accounts to be

accounts          kept.  The accounts shall be audited every year by an auditor

and audit.        appointed by the Board.


(2) The Minister may at any time call upon the Board to produce any books, accounts and records kept for the purposes of this Act, for inspection by himself or by any person designated by him.


Regulations.    11. The Minister may make regulations to carry out the objects

SI. 95/1975     and provisions of this Act and, without prejudice to the generality

of the foregoing power, such regulations may -        


(a)     prescribe the books, accounts, registers and records to be kept;


(b)     prescribe how the trust funds are to be invested and the procedure to be followed before such funds are invested;


(c)     regulate the meetings, proceedings and business of the Board.