Seychelles Heritage Foundation Act, 2006 (No. 11 of 2006)

[26th December 2006] Supplement to Official Gazette 159 SEYCHELLES HERITAGE FOUNDATION ACT, 2006 (Act JJ of 200(jj f avscnt I) J. i\. iVl ichclPresident ] fsr Decvmb.»: ]OOn AN ACT to provide for the establishment of the Seychelles Heritage Foundation and connected matters. ENACTED by the President and the National Assembly. 1. This Act mav be cited as the Seychelles Hcritag« SIWIllilk Foundation ;\ct. 2006. 160 SUPP/cl71eni to Official Gazette [27th Decemher 7006] Interpretation 2. In thisAct "Board" means the Board of Directors of the Foundation appointed under section 5; "Foundation" means the Seychelles Heritage foundation established by section 3; "member" means amemberofthe Board; "Minister" means the Minister responsible for Culture. Establishment or Se)chl'ile, Heritage Foundation 3. There is hereby established a foundation called the Seychelles Heritage Foundation which shall be a body corporate. Objects 01" the Foundation 4. The objects ofthe Foundation shall be (a) to identify, conserve and promote the cultural heritage ofSeychelles; (b) to encourage broader public participation in activities designed to promote the cultural heritage ofSeychelles; (c) to generate the resources necessary for the achievement of the purposes of this Act and to uti lise them for such purposes; (d) to manage heritage sites specified in the schedule having regard to their value to cultural tourism; (e) to endeavour to win international support for activities designed to promote the heritage of Seychelles; (1) to promote research into and education 011 various aspects ofthe national heritage; and [27th December 2006] Supplement to Official Gazette 161 (g) to advrse the Government on matters relating to the cultural heritage ofSeychelles. 5. (I) The affairs ofthe Foundation shall be administered by a Board ofDirectors. (2) The Board shall consist ofa chairperson and 8 other members appointed by the President for such term not exceeding 3 years as the President may determine. 6. (I) The Board shall meet at such times and places as may be determined by the chairperson (2) A quorum of a meeting of the Board shall be 5 members. (3) At any meeting of the Board at which the chairperson is not present, the members present shall elect one oftheir number to be the chairperson ofthat meeting. (4) Decisions of the Board shall be taken on a majority of the votes of the members present and voting but on an equality ofvotes the chairperson shall have a casting vote. (5) Subject to the preceding provisions of this section, the Board may regulate its own procedure. 7. All deeds, acts and documents of the Foundation shall be signed by the chairperson and one other member of the Board. 8. The Minister may give the Board general directions in writing relating to the performance offunctions by the Board and the Board shall comply with such directions. 9. The Board shall where necessary act in consultation with other organisations involved in activities connected with the cultural heritage and, in particular, with the National Monuments Board. Ihe Board of the Foundation Meetings of the Board Sign ilIeat ion or acts of Board Ministcr nla) ~;ve directions Consultation or bodies \\ ith commun lIHl't"':~I" 162 Supplement to Official Gazette [27th December 2006J The funds of tilt' Foundation Accounts Slarr W(lrk plan 10.( 1) The funds ofthe Foundation shall consist of (a) monies voted by the National Assembly for.the use of'the Foundation; (b) monies accruing to the Foundation from its activities; (c) monies received by the Foundation by way of loans, gifts, donations or grants. (2) The funds of the Foundation shall be applied in defraying the expenses of the Foundation connected with the objects of the Foundation and payment of remuneration of members and staff of the Foundation and repayment of any debt. 11. ( I ) The Board shall cause to be kept proper accounts and books and records in relation thereto in which shall be recorded all the financial transactions ofthe Foundation. (2) The financial year of the Foundation shall be from 1st January in any year to 31 st December next following. (3) The accounts of the Foundation shall be audited by the Auditor General in accordance with article 158 of the Constitution. 12.( I) The Foundation shall appoint a chief executive officer of the Foundation and other staff on such terms and conditions as it may determine. (2) The Minister may, at the request ofthe Board, release officers of the Ministry on secondment to the Foundation on such terms and conditions as may be agreed with such officers and the Foundation. 13. The Board shall draw Lip a plan of work for each financia] year and obtain the approval of the Minister hefore implementing the plan. [27th December 2'006] Supplement to Official Gazette 163 14. The Board shall, within a period of2 months after each financial year, submit a report on the activities of the Foundation during that financial year to the Minister. 15. The members ofthe Board or the officers and agents of the Foundation shall not be subject to any civil or criminal liability in respect of any act done or omission made in good faith in the performance oftheir functions under this Act. 16.( 1) All legacies and donations for the benefit of the Foundation shall be exempt from stamp duty under the Stamp Duty Act. (2) The income ofthe Foundation shall be exempt from any tax imposed under the Business Tax Act. Annual report Protectionof members etc. Exemptions 17. The Minister may, in consultation with the Board, Regulations make regulations for carrying into effect the principles and provisions ofthis Act and for amending the schedule. SCHEDULE Section 4(d) Ex-Plantation House, La Plaine, Au Cap Creole Village, Val de Pres.Au Cap Mission Ruins, Mission, Sans Soucis Bel Ombre Treasure site I certify that this is a correct copy of the Bill which was passed by the National Assembly on 12th December, 2006. Sheila Banks Clerk 10 the National Assembly