Cheshire Homes Decree

Chapter number: 
27
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

 

LAWS OF SEYCHELLES

Dec 27 of 1977

CHAPTER 27

 

CHESHIRE HOMES DECREE

[28th November.1977]

 

ARRANGEMENT OF SECTIONS

1.      Short title.

2.      Establishment and purpose of Cheshire Homes.

3.      Board of Trustees.

4.      Board of Trustee constituted into a body corporate.

5.      Composition of the Board of Trustees.

6.      Quorum and voting.

7.      Chairman and one other member to sign documents.

8.      title to ownership.

9.      Power of corporate body.

10.    Legacies and donations exempted from stamp duty.

11.    Books, accounts and audit.

12.    Appointment of staff.

13.    Management Committees.

14.    Regulations.

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1.      This Decree may be cited as the Cheshire Homes Decree.

 

2.(1)  There shall be established in Seychelles a Cheshire Home or Cheshire Homes which shall be known as the Cheshire Homes of Seychelles.

(2)  The purpose of such Homes shall be to provide the necessary facilities and staff for the care of the disabled irrespective of race, sex or creed.

 

3.      There shall be established in accordance with this Decree a Board of Trustees under the name of "The Trustees of the Cheshire Homes of Seychelles".

 

4.(1)  The Board of Trustees shall be and is hereby constituted a corporate body.

 

 (2)   The Board of Trustees shall act, sue and be sued in its corporate name and service on the Chairman for the time being shall be equivalent to service on the Board.

 

5.(1)  The Board of Trustees shall consist of not less than five persons who shall be appointed by the president for three years or for such lesser period as shall be specified on appointment.

 

   (2)   In the case of death, absence from Seychelles, resignation, revocation of appointment or incapacity to act of any member of the Board of Trustee or when a vacancy arises from any other cause, the President may make the necessary appointments to fill such vacancy, either temporarily or permanently.

 

(3)  a.         The members of the Board of Trustee shall elect one of their members to be Chairman of the Board.

 

 b         The Chairman shall hold office for one year from the date of his election.  He shall vacate office if he ceases to be a member of the Board.

 

 c         When the Chairman is absent from any meeting of the Board or a vacancy arises in the chairmanship and a new election has not yet been held, the members of the Board may choose one of their members to preside at the meeting.

 

6.(1)  Three members shall form a quorum.

 

    (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 over the meeting, shall have a second or casting vote.

  

7.      All deeds, acts and documents, concerning the corporate body shall be signed by the Chairman or by the person delegated by him in writing to exercise his powers under this section,

either generally or for a particular purpose, and by one other  member of the Board.

 

8.      All property, whether movable or immovable, funds, monies, investments and other assets which are or become the property of the Cheshire Homes shall vest in the Board of Trustees and shall be held by them in that name.

 

9.(1) The Board of Trustees as a corporate body shall have power to acquire, hold, manage, mortgage, dispose of or alienate property,  movable or immovable, and to do all such acts or things as any person of full age or capacity may do and perform, consistent with its corporate status.

 

(2)   The Board of Trustees may exercise any of its powers under subsection (1) in relation to the property which vests in and is held by the Board.

 

10.    All legacies and donations for the benefit of the Cheshire Homes of Seychelles shall be exempted from stamp duty under the Stamp Duty Act.

 

11.    The Board of Trustees shall cause proper books and accounts to be kept.  The accounts shall be audited every year by an auditor qualified under section 157 of the Companies Act and

appointed by the Board.

 

12.    The Board of Trustees shall appoint matrons and such other members of staff as may in their opinion be necessary who shall receive such salaries or wages as the Board may think fit.

 

13.    There shall be a Management Committee or Management Committees which shall be responsible for the well?being of the residents and staff of the Cheshire Homes and for ensuring that the Homes are run at all times and in all matters in accordance with the policy formulated by the Board of Trustees or with the regulations made under section 14.

 

14.    The Board of Trustees may make regulations to carry out the objects and provisions of this Decree.  Without prejudice to the generality of the foregoing power, the Board of Trustees may make regulations to provide for the management of the Cheshire Homes, for the appointment or election of Management Committees and for the functions and powers thereof.

 

 

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LAWS OF SEYCHELLES

 

CHAPTER 27

 

CHESHIRE HOMES DECREE

 

SUBSIDIARY LEGISLATION

 

 

S.I.53 of 1978.

S.I 28 of 1981

THE CHESHIRE HOMES REGULATIONS

 

(22nd May, 1978)

 

 

ARRANGEMENT OF REGULATIONS

1. Citation.

2. Interpretation.

3. Constitution of Committee and quorum.

4. Functions of the Committee.

5. Finance.

6. Marriage of staff.

7. Annual General Meeting.

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1.      These regulations may be cited as the Cheshire Homes Regulations.

2.      In these regulationsunless the context otherwise requires :-

"Board" means the Board of Trustees established under section 3 of the Decree;

"Committee" means a Management Committee referred to in section 13 of the Decree;

"Decree" means the Cheshire Homes Decree, 1977;

"Matron" means a person appointed as such by the Board under section 12 of the Decree;

"Home" means a Cheshire Home established under section 2 of the Decree.

3.(1) The Committee shall consist of a Chairman together withof Committee other members, not less than five and not more than fifteen inand number, who shall be appointed by the Board for such period as

quorum. shall be specified on appointment. The Matron shall be anex-officio member of the Committee.

(2) Three members of the Committee shall form a quorum.

(3)  The Board may remove the Chairman or any member of the Committee provided that the Chairman or any such member shall have the right to appear before the Board to state his views on such removal.

(4) The Board shall be sent minutes of all meetings of the Committee.

(5) The Committee shall have power to co-opt any person where knowledge, experience, professional qualification or otherwise may be beneficial to the Committee provided that any such person so co-opted shall not exercise voting powers.

(6) The Committee shall have power to appoint a sub-committee or sub-committees consisting of members of the Committee whether appointed or co-opted for specific purposes or functions and may delegate to such sub-committees any of their powers as they think fit, provided that any such sub-committees so formed shall in the exercise of the powers so delegated conform to any instructions that may be given by the Committee.

4.(1) The Committee shall meet not less than ten times in eachof the calendar year.

(2) The Committee shall be responsible for the well-being of the residents and staff and for ensuring that the Home is run at all times and in all matters in accordance with the policy formulated by the Board or with these regulations.

(3) The Committee shall run the Home, gardens and estate efficiently and economically and shall see that the same is maintained in good repair and order.

(4)  The Committee may lay down rules or standing orders for the conduct of its meetings and for the guidance of the residents and staff.

(5)  The Committee shall lay down a complaints procedure for the residents and staff.

(6)  The Committee shall submit the rules and standing orders and the complaints procedure to the Board for approval before they become effective.

5.(1) The Committee is responsible to the Board for the safetyand proper management of the assets of the Home and shall comply with any directions of the Board in regard thereto.

(2)  The Committee may appoint any person or persons to perform the functions of Secretary or of Treasurer to the Committee and may fix such reasonable remuneration to be paid to such person or persons as it may decide, subject to the approval of the Board.

(3)  Each financial year shall begin on January 1st and end on December 31st.

(4) The Committee shall open and operate a suitable banking account in the name of the Home. Operation thereon shall be as the Board may direct.

(5) The Committee must seek the approval of the Board before entering into any contract for additions to the Home, or improvements or maintenance of its buildings, or otherwise, under which a sum of Rs. 5000 or more becomes payable by the Board or for total obligations for such purposes exceeding Rs. 5000 at any one time.

6.        Should two members of the staff marry each other, theiremployment shall automatically terminate, but they shall be eligible for reappointment at the discretion of the Board, provided that, except with the approval of the Board, no Matron or Secretary who marries another member of the staff shall be eligible for reappointment unless one partner gives up his or her employment and the couple ceases to reside at the Home. These provisions shall apply in a like manner if a member of the staff marries a resident in the Home.

7.       The Committee shall hold an Annual General Meeting before the 31st day of March each year to which the Board, interested persons, supporters, and supporting organisations shall be invited. The Chairman of the Committee shall present the Annual Report and the Honorary Treasurer the audited accounts, with such explanations as may be necessary.

 

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