W O R L D H E A L T H O R G A N I Z A T 丨 O N
EXECUTIVE BOAED Fourteenth Session
�" 4 -
ORGANISATION MONDIALE DE LA SANTÉ
EB15/36 K 5 December 195紅 ORIGINAL: FRENCH Item 10.1 of the Provisional Agenda
AMENDMENTS TO THE DEED AND REGULATIONS OF THE DARLING FOUNDATION
The Executive Board adopted on 28 January 195^ a resolution (EB15.E7T1) according to which the Director-General was requested to examine the provisions
of the Deed and of the fiegulat ions of the Darling Foundation with a view to
adapting them to the requirements in force concerning expert panels and committees and to the wish expressed by the Expert Committee on Malaria for the amendment of Article 2 of the Regulations. The Director-General was invited to carry out this examination in consultation with the Swiss authorities and to submit the duly amended Deed and Regulations of the Darling Foundation for the approval of the next session of the Executive Board.
Pursuant to this request, the Director-General made the necessary contacts, and at his invitation the Council of State of the Eepublic and Canton of Geneva
p
issued an Order, dated lU July 195^， authorizing amendment, Ъу a legal instrument, of the text of Article 2 of the Darling Foundation Deed.
The Genevese notary, having received the original Deed of the Foundation together with the subsequent amendments thereto, drew up a draft Foundation Deed incorporating the modifications requested, which refer exclusively to Article 2 of the said Deed.
The Executive Board is now required to give its approval of the new draft of the said Deed as modified with the authorization of the Swiss supervisory
authorities. This draft amended Foundation Deed, is attached to the present document as Annex II.
1 Off. Bee. Wld Hlth Org. 52
2 Annex I
In addition, in view of the provisions at present governing expert panels and committees, it was deemed necessary to amend the Regulations of the said Foundation so as to adapt them to the present situation. The draft amended ！ R e g u l a t i o n s are attached to the present document as Annex III.
After examination of the draft Foundation Deed and of the draft Regulations, attached hereto, the Executive Board may desire to adopt the following resolution:
The Executive Board,
Being of the opinion that the proposed amendments meet the wish expressed by the experts consulted and the requirements of the
regulations in force, especially the regulations governing expert panels and committees,
APPROVES the Darling Foundation Deed together with the Regulations of the said Foundation, as they appear in the annexes to the present resolution, and
INVITES the Director-General to continue with the Swiss authori- ties the negotiations in connexion vith the regularization of the
Foundation Deed， and to communicate the Darling Foundation Regulations,
as at present amended, to the governments and parties concerned.
ANNEX I
EEPUBLXC AND CANTON OF GENEVA O R D E R
dated July 195^， relating to the amendment of Article 2 of the Deed of the Darling Foundation
THE COUNCIL OF STATE
Considering Articles 80 et seq. and 13, Ch. 2, of the Genevese Law of 5 îfey 1911^ concerning the application of the Swiss Civil Code, and the amendments thereto;
Considering its Order of 10 November 1922 relating to the exercise of surveillance with respect to Foundations under civil lav;
Considering the resolution adopted on 28 January 195红 by the Executive Board of the World Health Organization；
Considering the request of 6 July 195紅 Ъу Dr. M.G. Candau in his capacity as both Director-General of the World Health Organization and Administrator of the Darling Foundation, for the amendment of Article 2 of the Deed of the said Foundation as follows :
"The Foundation is to be established for the purpose of awarding, whenever the accumulated interest on capital permits, a prize for original vorks on the pathology, etiology, epi- demiology, therapy, prophylaxis or control of malaria.
The said prize is to consist of a bronze medal and a fixed sum of 1,000 Swiss francs";
Annex I
ORDERS
(1) that the amendment to the drafting of Article 2 of the Darling Foundation Deed, in the form mentioned above, be authorized;
(2) that, the said amendment be the subject of a legal instrument；
(5) that copies of the present Order Ъе transmitted to:
(a) the Foundation or， for the Foundation, to Dr. M.G. Candau, Administrator, World Health Organization, Geneva, (2 copies)；
(b) the Department of Finance and Contributions (Département des finances et contributions), (5 copies)；
(c) the Trade Registrar， （2 copies).
Certified copy
for the Councillor of State (signature illegible)
АШБХ II
DEED OF FOUNDATION
Article 1
Under the name of "The Darling Foundation", M . Jean-Antoine Buero, ex-Legal
Adviser to the Secretariat of the League of Nations, has created a Foundation governed by Articles 80 et seq. of the Swiss Civil Code and also by the special provisions as set out hereunder. The said Foundation is to be under the surveillance of the compe- tent authorities.
Article 2 •‘
The Foundation is to be established for the purpose of awarding, whenever the accumulated interest on capital permits, a prize for original works on the pathology, etiology, epidemiology, therapy, prophylaxis or control of malaria.
The said prize is to consist of a bronze medal and a fixed sum of one thousand Swiss francs.
Article 3
The headquarters of the Foundation shall be at the headquarters of the World Health Organization, in Geneva.
Article 4
The founder has donated ten thousand Swiss francs as the initial capital of the said Foundation.
Article 5 The organs of the Foundation shall bej
(1) the administrator of the Foundation, i.e., the Director-General of the World Health Organization;
(2) the manager of the Foundation's estate.
Annex XI
»
Article 6
The administrator shall, within the limits of the present provisions, implement the decisions of the Darling Foundation Committee completed by those of the Executive Board of the World Health Organization. He shall represent the Foundation before third parties. He shall submit a yearly written report on his administration of the Foundation.
Article 7
The manager's accounts shall be subject to examination and approval by the administrator.
The financial year shall be from 1 January to 31 December of each year. On 3 1 December of each year a balance sheet and profit and loss account shall be
established.
Article 8
The administrator shall each year appoint an auditor to verify the Foundation's accounts, and the said auditor shall submit a written report of his auditing operations.
Article 9
The management of the Foundation's estate shall be entrusted to Lloyds and National Provincial Foreign Bank Limited, Geneva Branch, a limited Company whose headquarters is in London and which has a Branch Office in Geneva, the said managership having been accepted on behalf of the above-mentioned Compare by Messrs. Ernest William Briscoe, Manager, and Emile Gretler, Accountant, both resident in Geneva.
Article 10
The managers shall enjoy all the rights and be subject to all the obligations attaching to their function. In the ma:^gement of the Foundation!s estate they shall follow the principle that the funds are to be invested in gilt-edged stock.
Annex II
Article 11
The Foundation may be dissolved if the conditions of Articles 88 and 89 of the Swiss Civil Code are fulfilled.
N o
dissolution or liquidation measure shall be adopted without prior consent thereto by the authorities exercising surveillance•
Article 12
m
expenses incurred with respect to the present Deed and to the Regulations of the Foundation for the a«ard of the medal and pri.e, together with
Wincurred
b y
subsequent deeds which шау complete, axnend or annul the two above-mentioned initxal
instruments shall be borne by the Foundation.
W O R L D H E A L T H O R G A N I Z A T I O N
ORGANISATION MONDIALE DE LA SANTÉ
EXECUTIVE BOARD EB15/36 Add. 1
19 January 1955 Fourteenth Session
ENGLISH ONLY Provisional Agenda Item 10.1
ANNEX III
DRAFT OF
REGULATIONS OF THE FOUNDATION FOR THE AWARD CP A DARLING Î.EDAL AND PRIZE
Article 1
A committee of the World Health Organization' (hereinafter called the
"Organization") shall be formed^to be styled the "Darling Foundation Committee" and to be composed of the following members :
the Chairman of the Executive Board of the Organization as such;
the two Vice-Chairmen of the Executive Board of the Organization as such;
the Chairman of the Organization's ЕзфегЬ Committee on Malaria responsible for the selection and proposal of the паше (or names) of the candidate (or candidates) in accordance with the provisions of Articles 2 and 7， or any other member of the said Expert Committee designated by him.
The Director-General of the Organization as such shall act as secretary to the Committee and as administrator of the Foundation,
The Darling Foundation Conmittee shall, in accordance with the Deed of Foundation, and with the present Regulations, award a prize to be known as the
"Darling Foundation Prize" for outstanding achievements in the pathology, etiology, epidemiology, therapy, prophylaxis or control cf malaria, on the recommendation
Article 2
of the Expert Committee on Malaria•
Annex III
Article 3
The Darling Foundation Prize shall consist of a bronze medal and a fixed sum of 1,000 Swiss francs. It shall be awarded whenever the accumulated interest on the Foundation's capital amounts to a net sum of not less than 1,000 Swiss francs after deducting the total cost of striking the medal.
Article 4
The administrator shall ascertain twice year]y from the trustee of the Foundation's funds the total amount of the interest accumulated^since the last award of the Darling Prize. When the interest amounts to a sufficient sum for a prize to be awarded in accordance with the provisions of Article 3 , the administrator shall notify the Member States and Associate Members of the Organization, the members of the Darling Foundation Committee, and members of the Expert Panel viio have alreacfy served on an Expert
Committee on Malaria.
Article 5
In transmitting the notification® as mentioned in Article Д, the administrator shall invite Member States and Associate Members of the Organization, and members of the Ejqjert Panel having already served on an Expert Committee on Malaria, to put
forward, within six months, the name of any person whose candidature is thought worthy of examination with a view to the award, of the Prize, such nomination to be accompanied by a written statement of the reasons on which it is based. The same candidature,
if unsuccessful, may be submitted on several occasions.
Candidates shall be eligible only on the basis of a work published or accomplished within 10 years of its submission or citation to the Organization.
In the awarding of the Prize there shall be no discrimination as to age, sex, profession, nationality, race or religion of candidates.
；？-‘-jcle 6
On expiry of the period of six months as provided in Article 5 , the administrator shall communicate to the members of the competent Expert Committee on Malaria copies of all nominations received by him, and. the list shall then be regarded as ^closed.
Annex III i Article 7
After the communication of the nominations in accordance with Article 6, the competent Expert Committee on Malaria shall discuss the respective merits of the candidates nominated and recommend to the Darling Foundation Committee the name (or names) of the candidate (or candidates) to whom the medal and the prize should, in the opinion of the Committee, be awarded。
Article 8
The Darling Foundation Committee shall be empowered, at least three members being present and after consideration of all nominations'made by the Expert Committee on Malaria, to take the final decision, by a majority of the members present, with regard to the award of the medal and prize, and shall recommend, to the Executive Board of the Organization the mode of presentation of the said award.
Article 9
On the proposal
of
one of the members of the Darling Foundation Committee or of an Expert Committee on Malaria, the Executive Board may decide to revise the present Regulations.Article 10
The administrator of the Darling Foundation shall be responsible:
(a) for the execution of the decisions taken by the Darling Committee within the limits of its powers as defined in the present Regulations;
(b) for the application of the present Regulations and, generally, for the operation of the Darling Foundation as within the limits of the Deed of Foundation and by the present Regulations.
