VICTORIA HOME FOR INCURABLES



VICTORIA HOME FOR INCURABLES
AN ORDINANCE TO INCORPORATE THE COMMITTEE OF THE INSTITUTION KNOWN AS THE VICTORIA HOME FOR INCURABLES.
Preamble

Whereas the committee of the institution known as the Victoria Home for Incurables has applied to be incorporated for the purpose of effectually transacting the affairs of the said institution, and of controlling, managing, and dealing with the property and funds thereof, and it is expedient that the said application be granted:

Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative
Council thereof, as follows:-

Ordinance Nos,
7 of 1903
13 of 1928
Act Nos,
21 of 1951
12 of 1952
22 of 1955
10 of 1956
[1st December
, 1903
]
Short title.

1. This Ordinance may be cited as the Victoria Home for Incurables Ordinance.

Incorporation.

2. The Colonial Secretary, Henry Lorenz Wendt, the Colonial Treasurer, Colin Alexander Murray, the Principal Civil Medical Officer, John Ferguson, Sir William Wilson Mitchell, the Mayor of Colombo, the Rev. Arthur Edwin Dibben, the Rev. Osmund Beven, Keith William Bruce Macleod, Jacob de Mel, Alexander de Alwis Seneviratne, the Rev. William Arthur Stone, Lewis Walker, and Frederick Morgan de Saram, being the present members of the committee of the Victoria Home for Incurables, and their respective successors appointed in manner hereinafter provided, are hereby associated together and shall for ever hereafter be and be called a body corporate in deed and in law by the name and style of “The Incorporated Victoria Home for Incurables”, under which name the corporation hereby constituted may sue and be sued : Provided that, from the 1st day of October, 1928, the Government Agent, Western Province*, shall be a member of the said committee for all purposes whatsoever in place of the Colonial Secretary, and the said committee shall, from the said date, be deemed to be incorporated as hereinbefore provided with the Government Agent, Western Province*, as a member thereof in place of the Colonial Secretary;


[ 2, 21 of 1951.]

Provided, further, that from the 1st day of March, 1951, the Deputy Secretary to the Treasury, shall be a member of the said committee for all purposes whatsoever in place of the Colonial Treasurer, and the said committee shall, from the said date, be, and be deemed to have been, incorporated as hereinbefore provided with the Deputy Secretary to the Treasury, as a member thereof in place of the Colonial Treasurer.

* To be construed as a reference to the Government Agent of the administrative district of Colombo as from 14th April, 1955 – Section 7 (8) of the Administrative Districts Act.

Power to use Common seal.

3. The Incorporated Victoria Home for Incurables (which is hereinafter referred to as ” the Victoria Home”) shall have an official seal which shall be officially and judicially noticed, and that seal shall be authenticated by the signature of the secretary or some person authorized by rule passed under this Ordinance to act on behalf of the secretary.

Property to be vested in. money or corporation.

4. All moneys, goods, chattels, and effects whatsoever, and all securities for obligatory instruments, and evidences or monuments of title and all other effects, and all rights and claims, whether belonging to the said committee at the date of the passing of this Ordinance or acquired by the Victoria Home after the passing of this Ordinance, shall be vested in the Victoria Home.

To have perpetual succession


[ 3, 21 of 1951.]

5. The Victoria Home shall have perpetual succession, and shall at all times hereafter be able and capable in law to purchase, acquire, hold, and enjoy in perpetuity, or for any lesser term, any property movable or immovable of what nature or kind so ever, and to invest the funds of the Victoria Home in securities of the Government of Ceylon, or in any mortgage of movable or immovable property in Ceylon, and also in the purchase or acquisition of such goods, chattels, and things as may be proper or requisite for the purposes of the Victoria Home.

May erect buildings.

6. The Victoria Home may erect or cause to be erected any buildings on any lands so purchased or acquired or held or enjoyed by them, and may also from time to time sell, grant, convey, demise, assign, exchange, and dispose of or mortgage any property for the time being vested in the Home.

Transfer of mortgages and securities

7.

(1) All mortgages and other securities for money, lands, and tenements .held in Ceylon and elsewhere in the name of any person as treasurer of the Victoria Home for Incurables shall be transferred to and vested in the Victoria Home, which may assign, transfer, and dispose of all mortgages and other securities to which the Victoria Home shall be entitled as may appear proper.

(2) Where any action or proceeding is pending at any time in any court in Ceylon when this Ordinance comes into force, in which any person as secretary or treasurer of the Victoria Home for Incurables is a plaintiff, petitioner, defendant, or respondent, such action may be continued by or against the Victoria Home.

Constitution of Victoria Home,


[ 4, 21 of 1951.]

[[ 7, 22 of 1955[ 4, 21 of 1951.]

[.]

8.

(1) The Victoria Home shall consist of sixteen members, of whom four members, namely, the persons for the time being lawfully discharging the duties of the Deputy Secretary to the Treasury, the Government Agent of the administrative district of Colombo, the Director of Health Services, and the Mayor of Colombo, shall be ex officio members, four members (hereinafter referred to as ” nominated members”) shall be from time to time nominated by the President and the remaining eight members (hereinafter referred to as ” elected members “) shall be elected by the members of the Victoria Home.

(2) For the purposes of appointing successors to the said Henry Lorenz Wendt, Colin Alexander Murray, Keith William Bruce Macleod, and Lewis Walker, and of appointing persons to act in their places in the event of their, or any of them, being temporarily disabled from discharging their duties as members of the Victoria Home, the four persons aforesaid shall be deemed to be nominated members of the Victoria Home.

Vacancies in number of nominated members.


[ 5, 21 of 1951.]

[ [ 5, 21 of 1951.]

9. The President may from time to time nominate persons to fill vacancies whether occasioned by death, resignation, or otherwise in the number of nominated members, and may appoint persons to act in the place of nominated members temporarily disabled from discharging their duty by sickness, absence from Colombo, or any other cause and may revoke any nomination or appointment so made, and may make such new nomination or appointment in lieu thereof as to the President may seem fit.

Vacancies in number of elected members.

10. The members of the Victoria Home may from time to time, in accordance with any rule made under this Ordinance, elect persons to fill vacancies occasioned as aforesaid in the number of the elected members, and may also elect persons to act in the place of elected members temporarily disabled as aforesaid.

Appointment of secretary and treasurer.

11 The members of the Victoria Home may appoint from among their number a secretary and a treasurer, or may appoint one of their number to hold both such offices, and may revoke any appointment so made.

Power to make rules.

12. It shall be lawful for the Victoria Home at any meeting convened for that purpose to make, and from time to time to revoke, vary, or amend such rules as to them or the major part of the members present shall seem necessary for any of the following purposes:-

(a) for convening the ordinary or any special meetings of the corporation and fixing the number of ordinary meetings to be held each year, and the dates on which such meetings shall be held, and the means and manner of holding such meetings, and the number of members which shall constitute a quorum;

(b) for prescribing the manner in which the seal of the corporation shall be affixed;

(c) for regulating the election of a secretary and treasurer, and prescribing the period during which the secretary and treasurer shall hold office, and the respective duties of such officers;

(d) for regulating the conduct and management of the Victoria Home ;

(e) for the keeping and auditing of proper accounts and for prescribing the times when the same shall be submitted to the members of the Victoria Home;

(f) for the appointment of the matron and staff of the Victoria Home and fixing the salaries to be paid to the matron and staff respectively ;

(g) for prescribing the manner in which the election of the elected members of the Victoria Home shall be conducted; and

(h) generally for carrying out the objects for which the Victoria Home for Incurables was originally constituted.

Chapter 315 , Volume No.10, Page No.499.