EX-SERVICEMENS MEMORIAL HOME

CHAPTER 29:03
EX-SERVICEMENS MEMORIAL HOME

ARRANGEMENT OF SECTIONS

    SECTION

    1.    Short title

    2.    Establishment of Home

    3.    Establishment of Board

    4.    Constitution and proceedings of Board

    5.    Funds and land vested in the Board

    6.    Powers and duties of the Board

    7.    Power to operate a banking account

    8.    Expenses

    9.    Accounts

33 of 1971

    An Act to establish a memorial home for distressed or disabled Malawi ex-servicemen and their families, to incorporate a board of Trustees for the purpose of managing, maintaining and controlling the home, and for matters incidental thereto

1.    Short title

    This Act may be cited as the Ex-Servicemen’s Memorial Home Act.

2.    Establishment of Home

    (1) There is hereby established a home to be called the Ex-Servicemen’s Memorial Home (hereinafter referred to as for Home) for the purpose of providing a home and assistance the distressed or disabled Malawi ex-servicemen and their families.

    (2) The Board referred to in section 3 may, as and when it is considered necessary or desirable, and sufficient funds are available, establish other branches of the Home at suitable sites in Malawi, and for the purposes of this Act any reference to the Home shall be deemed to include reference to any branch or branches established under this subsection.

3.    Establishment of Board

    (1) For the purpose of managing and controlling the Home there is hereby established a Board of Trustees (hereinafter referred to as the Board), which shall be a body corporate by the name of “the Trustees of the Ex-Servicemen’s Memorial Home”, with perpetual succession and a common seal, which shall in its corporate name be capable of suing and being sued, and subject to the provisions of this Act, of purchasing, or otherwise acquiring, holding, alienating or otherwise dealing in, property, whether movable or immovable, and of doing all such acts and things as bodies corporate may by law do or perform.

    (2) The seal of the Board shall be authenticated by the signature of the Chairman, or the person for the time being performing the functions of Chairman, and one other member of the Board designated by the Board for such purpose, and any document purporting to be sealed with the said seal and so authenticated shall be admissible in evidence of the particulars stated in that document.

4.    Constitution and proceedings of Board

    (1) The Board shall consist of the following members—

    (a)    the Chairman of the Commonwealth Ex-Services League of Malawi, who shall be Chairman of the Board;

    (b)    the Vice-Chairman of the Commonwealth Ex-Services League of Malawi, who shall be Vice-Chairman and shall in the absence or temporary incapacity of the Chairman perform the functions of Chairman of the Board;

    (c)    the Commander of the Malawi Army;

    (d)    the Accountant General;

    (e)    the Chairman of the Zomba Branch of the Commonwealth Ex-Services League of Malawi;

    (f)    a member nominated by the Central Council of the Commonwealth Ex-Services League of Malawi;

    (g)    the person for the time being appointed as secretary/treasurer of the Board.

    (2) If the holder of any of the offices mentioned in subsection (1) is unwilling or unable to act, or if any such office is vacant or has been abolished, the Minister may appoint to the Board such person as he thinks fit. The Minister may at any time revoke any such appointment and shall revoke any such appointment whenever the contingency which led thereto has ceased to exist.

    (3) Three members of the Board shall form a quorum.

    (4) In the absence of the Chairman and Vice-Chairman from any meeting of the Board the members present may elect one of their number to perform the functions of Chairman at that meeting.

    (5) The Accountant General may with the approval of the Central Council of the Commonwealth Ex-Services League of Malawi appoint a suitable person to be secretary/treasurer of the Board.

    (6) The Board may regulate its proceedings in such manner as it thinks fit, but on any matter on which the votes of the Board are equally divided the Chairman or the person performing the functions of Chairman shall have a second or casting vote.

5.    Funds and land vested in the Board

    (1) All moneys, whether represented by investments or cash, and all land and buildings which on the date of the passing of this Act were vested in the trustees appointed under the Malawi Ex-Servicemen’s Memorial Home Act (repealed by this Act) are hereby vested in the Board, and all moneys or property which may hereafter be given, bequeathed or received for the purposes of this Act shall be vested in the Board.

    (2) Any moneys vested in the Board by virtue of the provisions of subsection (1) of this section and not immediately required…