Tuvalu

Arrangement of Sections Section

1 Shor t title................................................................................................................ 5 2 Defi nitions ............................................................................................................. 5 3 Establishment of Society........................................................................................ 5 4 Soci ety to be a body corporate...............................................................................6 5 General Object ....................................................................................................... 6 6 Recognition as a voluntary aid society .................................................................. 7 7 Inde pendence of Society........................................................................................7 8 Council of Society ................................................................................................. 7 9 Council’s powers to draw up Statutes.................................................................... 7

SCHEDULE 8

Supporting Documents ENDNOTES

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AN ACT TO PROVIDE FOR THE INCORPORATION OF THE TUVALU RED CROSS SOCIETY AND FOR MATTERS INCIDENTAL THERETO AND CONNECTED THEREWITH¹

Commencement [1st May 1981]²

1 Short title

This Act may be cited as the Tuvalu Red Cross Society Act.

2 Definitions

In this Act, unless a contrary intention appears —

“Committee” means the Committee of the British Red Cross Society that was in operation in Tuvalu before the commencement of the Act; “statutes” means the statutes made under section 9; “Scheduled Conventions” means the conventions specified in the Schedule; “the Society” means the Tuvalu Red Cross Society.

3 Establishment of Society

On the commencement of this Act —

(a)

there shall be established and constituted the Tuvalu Red Cross Society which shall be the sole national Red Cross Society in Tuvalu;

(b)

all the assets and liabilities of the Committee shall be transferred to and be vested in the Society by virtue of this section and without further assurance, and the Society shall have all the powers necessary to take

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Section 4 CAP. 28.48 Tuvalu Red Cross Society Act

possession of, recover and deal with such assets and discharge such liabilities;

(c)

all deeds, bonds, instruments and contracts subsisting immediately before the day on which this Act comes into operation to which the Committee is a party shall be of as full force and effect against or in favour of the Society and enforceable as fully and effectually as if, instead of the Committee, the Society had been a party thereto;

(d)

officers of the Committee shall hold corresponding appointments in the Society until other provisions are made in accordance with rules made under this Act, and Life Associates and Associates of the Committee shall become corresponding Life Members and Subscribing Members of the Society, but subject to any provision contained in the aforesaid rules.

4 Society to be a body corporate

The Society shall be a body corporate under the name of the Tuvalu Red Cross Society, having perpetual succession and a common seal, with power to sue and be sued, purchase, acquire, hold, manage and dispose of movable and immovable property, and to enter into any such contracts as it may consider to be necessary or expedient for the purpose of performing its functions or achieving its objects under this Act.

5 General Object

(1) The objects of the Society shall be over the whole territory of Tuvalu —

(a)

to furnish volunteer aid to the sick and wounded in time of war and to non-belligerents and to prisoners of war and civilian sufferers from the effects of war; and

(b)

in the case of catastrophes or public disasters, to provide the victims thereof with relief; and

(c)

in time of peace or war to carry on and assist in the work for the improvement of health, the prevention of diseases and the mitigation of suffering in Tuvalu and throughout the world; and

(d)

to promote the Junior Red Cross movement among the youth of all races; and

(e)

to propagate the ideals and the humanitarian principles of the Red Cross with a view to developing a feeling of solidarity and mutual understanding among all men and nations; and

(f)

to adhere to the Statutes of the International Red Cross sharing in the Fellowship which includes its members, the National Societies and the International Body and to keep in close touch with them.

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(2) In pursuing the objects referred to in subsection (1) of this section the Society shall not make any adverse distinction founded on sex, race, nationality, religion or faith, political opinions or any other similar criteria and shall act in accordance with the spirit and principles of the Scheduled Conventions.

6 Recognition as a voluntary aid society

The Society is hereby recognised by the Government as a voluntary aid society auxiliary to the public authorities both for the purpose of the Scheduled Conventions and otherwise, and shall have the right in conformity with the Scheduled Conventions to use the heraldic emblem of a cross on a white ground formed by reversing the Swiss Federal colours and the words “Red Cross”.

7 Independence of Society

The independent and voluntary nature of the Society shall at all times be respected in accordance with the resolution relative to National Red Cross Societies adopted by the General Assembly of the United Nations on the 19th November, 1946.

8 Council of Society

(1)

The governing body of the Society shall be a Council constituted in accordance with its Constitution made under this Act.

(2)

The first members of the Council shall be those persons who, immediately before the coming into operation of this Act, are the members of the Committee.

9 Council’s powers to draw up Statutes

(1)

The Council shall as soon as possible after the coming into operation of this Act frame and establish a Constitution being statutes for the management of the affairs of the Society and the accomplishment to its objects. Such constitution should, inter alia, provide —

(a)

that membership of the Society shall not be withheld from any citizen of Tuvalu on the grounds of race, class, sex, religion or faith or political opinions;

(b)

that all members and associates of the Society shall have representation on the Council.

(2)

Statutes made under this section may from time to time be altered, added to or repealed by the Council, and new statutes may from time to time be made in like manner.

(3)

Statutes made under this section need not be published in the Gazette.

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SCHEDULE CAP. 28.48 Tuvalu Red Cross Society Act

SCHEDULE

(Section 2)

1. Geneva Convention for the amelioration of the conditions of the wounded and sick of armed forces in the field, of the 12th August, 1949.
2. Geneva Convention for the amelioration of the condition of the wounded, sick and shipwrecked members of armed forces at sea, of the 12^th August, 1949.
3. Geneva Convention relative to the treatment of prisoners of war, of the 12th August, 1949.
4. Geneva Convention relative to the protection of civilian persons in time of war, of the 12th August, 1949.

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ENDNOTES

¹ 1990 Revised Edition, Cap. 103 – Act 1 of 1981 ² LN 17/1981

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