Anglican Church (Constitution of Anglican Diocese of Seychelles) Act

Chapter number: 
7
In force: 
Yes

 

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CONSOLIDATED TO 30 JUNE 2012

 

LAWS OF SEYCHELLES

CHAPTER 7

Act 9 of 1972

Act 27 of 1973

Act 23 of 1976

ANGLICAN CHURCH (CONSTITUTION OF ANGLICAN DIOCESE OF SEYCHELLES) ACT

[3rd April, 1973]

 

ARRANGEMENT OF SECTIONS

1.         Short title

2.         Interpretation

3.         Constitution of Diocese

4.         Constitution of Board

5.         Membership of Board

6.         Powers of the Board

7.         Appointed Members

8.         Bishop to have perpetual succession

9.         Execution of deeds

10.       Article 910 of Civil Code shall not apply

 

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1.         This Act may be cited as the Anglican Church (Constitution of Anglican Diocese of Seychelles) Act.

2.         In this Act unless the context otherwise requires –

“appointed member” means a person appointed by the Bishop to be a member of the Board;

“Archbishop” means the Anglican Archbishop of the Province of the Indian Ocean and shall include his duly appointed deputy;

            ”Bishop” means the Anglican Bishop of Seychelles;

“Board” means the Board of Commissioners established under the provisions of section 4;

“Ecclesiastical Administrator” means the person appointed by the Bishop to administer the Anglican Diocese of Seychelles during his absence or incapacity or appointed by the Archbishop when the office of the Bishop is vacant or the Bishop is unable or unwilling so to appoint

 

3.         There is hereby constituted the Anglican Diocese of Seychelles.

4.         There is hereby constituted a Board of Commissioners or the Anglican Diocese of Seychelles which shall be a body corporate, and shall have a common seal and shall act, sue and be sued, implead and be impleaded in its corporate name.

5.         The Board shall consist of the Bishop, who shall be Chairman, and nine members who shall be appointed by the Bishop.

6.         The Board may do all such act or things which a body corporate may do and in particular, but without prejudice to the foregoing may:-

(a)        acquire by purchase, by way of donation inter vivos or by bequest or otherwise, and may hold, possess and manage, property both movable and immovable;

(b)        sell or exchange any property;

(c)        lease, rent or take on lease any property;

(d)        compound or compromise any action, suit or proceedings or any debt;

(e)        receive all sums due to the Board and give full and valid discharge and sign any receipt therefor;

(f)        open any account at any bank, effect any payment into that account or withdraw any sum therefrom;

(g)        draw, sign and endorse any cheque, draft, Bill or other negotiable instrument;

                        (h)        effect or accept any payment;

(i)         borrow money, mortgage any immovable property or give in pledge any movable property;

(j)         invest any moneys in such securities, movable or immovable and in such manner as it thinks fit;

 

(k)        consent to the erasure or removal of all inscriptions, seizures, attachments and other prohibitions with or without payment;

(l)         make such donations as it thinks fit;

(m)       organize flag days or other functions for the raising of funds;

7.(1)     An appointed member shall hold office for a period of one year and shall be eligible for re-appointment.

   (2)     If the Bishop is satisfied that any appointed member –

            (a)        has been guilty of improper conduct; or

            (b)        is incapacitated physically and mentally for any reason; or

(c)        is for any other reason unable or unfit to discharge his duties as an appointed member;

he shall terminate the appointment of the member and shall notify the termination in such manner as he thinks fit and the termination shall take effect in eth date of the notification.

   (3)     The office of an appointed member shall become vacant: -

            (a)        on his death; or

(b)        seven days after the date on which he gives notice in writing to the Bishop of his intention to resign his office; or

(c)        If his appointment is terminated under sub-section (2); or

            (d)        on the expiration of his term of office; or

(e)        if he is, without the permission of the Bishop, absent from three consecutive meetings of the Board after receiving due notice of such meetings.

   (4)     Where the office of an appointed member becomes vacant the Bishop may appoint another person to hold the vacant office and such person shall hold office for the remainder of his predecessor’s term of office.

 

8.(1)     The Bishop and his successors in office shall have perpetual succession and a seal of office.

   (2)     The Bishop of Seychelles and his successors shall be deemed to be the successors, in so far as Seychelles is concerned, of the Bishop of Mauritius and Seychelles appointed prior to the coming in force of this Act, and shall have, enjoy and exercise all the spiritual and ecclesiastical jurisdiction, rights, powers and authorities, in so far as Seychelles is concerned, formerly had and enjoyed by the Bishops of Mauritius and Seychelles.

   (3)     In the case of death or absence of the Bishop or in the case of any vacancy in the office of the Bishop, the exercise of any of the powers, functions and duties vested in the Bishop under this Act shall vest in the Ecclesiastical Administrator.

9.         it shall be sufficient in the case of any deed, act or document requiring execution by the Board, if such deed, act or document is signed by the Bishop and two appointed members.

10.       Article 910 of the Civil Code shall not apply to the Board.

 

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NO SUBSIDIARY LEGISLATION

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