CHAPTER
390
SCOUT ASSOCIATION |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Unauthorised possession of badges. |
Possession of unauthorised badges. |
Wrongful exercise of authority. |
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Present Council to continue. |
CHAPTER 390 |
SCOUT ASSOCIATION |
An Act to
incorporate the Scout Association of The Bahamas and for connected purposes. | 29 of 1975 |
[Commencement 19th
November, 1975] |
1. This Act may be cited as the Scout Association of
The Bahamas Act. | Short title. |
2. In this Act, unless the context otherwise requires- | Interpretation. |
"Association"
means the Scout Association of The Bahamas referred to in section 3(1). |
"Council"
means the National Scout Council referred to in section 3(4). |
"Scout"
means any cub scout, boy scout, sea scout, venture scout, rover scout, lone
scout and rover sea scout recognised as such under the bylaws of the
Association and also all persons recognised as officers under the bylaws of the
Association. |
3. (1) There shall continue to be an association known
as The Scout Association of The Bahamas which shall be the sole national Scout
Association in The Bahamas. | Incorporation. |
(2) The
Association shall consist of such persons and groups of persons as were
recognised in The Bahamas prior to the commencement of this Act as constituting
The Scout Association of The Bahamas and of all persons and groups of persons
who may hereafter join the Association. |
(3) The
Association shall be- |
(a) a body
corporate with perpetual succession and a seal; and |
(b) under the
name of The Scout Association of The Bahamas shall be capable of suing and of
being sued in all courts of The Bahamas and capable also of doing and suffering
all acts which a body corporate may lawfully do and suffer. |
(4) The Association
shall be governed by a Council which, save as provided in section 14, shall be
constituted in accordance with bylaws made under this Act. |
(5) The Council
may appoint an executive committee with such powers, functions and duties as
may be prescribed by bylaws under this Act. The executive committee which
immediately before the commencement of this Act constituted the executive
committee of the organisation recognised in The Bahamas as The Scout
Association of The Bahamas, shall be the executive committee of the Association
with such powers, functions and duties as it now has and be deemed to have been
appointed by the Council and until the bylaws in this subsection referred to
have been prescribed, all the powers, functions and duties which may be presently
exercised by the said executive committee in existence immediately before the
commencement of this Act shall continue to be exercised by that committee. |
4. (1) The principal object of the Association shall be
to encourage the physical, mental and spiritual development of young persons
between the ages of seven and twenty-four so that such young persons may play
constructive roles in the society in which they live. | Objects of Association. |
(2) To achieve the
principal object, the Association may provide, guided by adult leadership,
enjoyable and attractive schemes of progressive training based on the
internationally accepted Scout Promise and Scout Law. |
(3) In pursuing
the principal object, the Association shall not make any adverse distinction
based on race, creed, sect, class, citizenship or political opinion. |
5. The Association shall have power- | Powers of Association. |
(a) to acquire,
accept leases of, purchase, take, hold and enjoy any lands, buildings,
messuages or tenements of any nature or kind whatsoever and wheresoever
situate; |
(b) to invest
moneys upon mortgage of any lands, buildings, messuages or tenements or upon
the mortgages, debentures, stocks, funds, shares or securities of any
government, municipality, corporation or company; |
(c) to
purchase, acquire and possess vessels, goods and chattels of any nature and
kind whatsoever; |
(d) by deed
under its seal to grant, sell, convey, assign, surrender, exchange, partition,
yield up, mortgage, demise, reassign, transfer or otherwise dispose of any
lands, buildings, messuages, tenements, mortgages, debentures, stocks, funds,
shares or securities, vessels, goods or chattels, which are for the time being vested
in or belonging to the Association upon such terms as to the Association may
seem fit; |
(e) to borrow
or raise moneys upon security or otherwise; |
(f) to launch
appeals to the public for financial or other support for the Association; |
(g) to enter into
any contracts it may consider necessary or expedient; |
(h) to do all
such acts or things as are or may be incidental or conducive to the attainment
of the Association's principal object or to the management of its affairs. |
6. All deeds or other instruments requiring the seal of
the Association shall be sealed in the presence of, and shall be signed by, the
President for the time being, the Chief Scout for the time being and the Chief
Commissioner for the time being, and all instruments requiring the signature of
the Association shall be signed by such President, Chief Scout and Chief
Commissioner. | Execution of documents. |
7. (1) The Council may make bylaws providing for- | Bylaws. |
(a) membership
of the Association, the fees for such membership and the management of its
affairs; |
(b) the
composition, manner of election or appointment of members of the Council and
the Executive Committee; |
(c) the
procedure at meetings of the Association, Council and the Executive Committee; |
(d) the
appointment and duties of the officers and employees of the Association; |
(e) the custody
of the property of the Association and the keeping and auditing of accounts; |
(f) the use of
the badges, tokens, emblems or designation used by the Association; |
(g) the making
of appeals to the public for financial or other support for the Association;
and |
(h) generally,
the better carrying into effect of the purposes of this Act and the furtherance
of the object of the Association. |
(2) Sections 30
and 31 of the Interpretation Act shall not apply to the bylaws made under this
section, nor shall the bylaws require publication in the Gazette but a
copy of them shall be forwarded to the Minister responsible for National
Security and when received by that Minister shall be conclusive evidence that
such bylaws were made. |
8. No person other than the Association or with the
permission of the Association, shall distribute, or sell or expose for sale- | Distribution of badges. |
(a) any badge,
token or emblem specifically adopted by the Association for use by Scouts; or |
(b) any badge,
token or emblem containing the word "Scout." |
9. No person shall, except with the authority of the
Association, or with other lawful authority or lawful excuse, publicly wear,
carry or bear- | Unauthorised possession of badges. |
(a) any badge,
token or emblem specifically adopted by the Association for use by Scouts; or |
(b) any badge,
token or emblem containing the word "Scout." |
10. No person shall without lawful authority or excuse
have in his possession- | Possession of unauthorised badges. |
(a) any device
which so closely resembles any badge, token or emblem specifically adopted by
the Association for use by Scouts as to lead to the belief that the device in
question is such badge, token or emblem; or |
(b) any badge,
token or emblem containing any words or characters so closely resembling any
words or characters ordinarily used to describe any Scouts as to be calculated
to deceive or mislead. |
11. No Scout shall, by virtue of his wearing, carrying
or bearing any badge, token or emblem of the Association or otherwise, attempt
to enforce or exercise authority otherwise than in accordance with the bylaws
of the Association. | Wrongful exercise of authority. |
12. No person shall form or work in connection with or
be a member of any organisation which, without authority from the Association,
claims or purports to be "Scouts", or any organisation which uses the
title of "Scouts" or any title in any language, with or without
additional words or characters, which so closely resembles the said title as to
be calculated to deceive or mislead, or any organisation which, by the use of
any such title or otherwise, without due authority purports or claims to be
connected with the Association. | Unauthorised bodies. |
13. Any person who contravenes any of the provisions
of this Act shall be liable on summary conviction to a fine of two hundred and
fifty dollars. | Penalty. |
14. Until the making of bylaws by the Council, the
Association shall continue to function and operate as did the organisation
recognised as The Scout Association of The Bahamas immediately preceding the
commencement of this Act and the constitution of that organisation, where it
does not conflict with any provisions of this Act, shall continue in force as
if the same were bylaws made by the Council under the provisions of this Act. | Present Council to continue. |