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Air Services Licensing Act, 1990 (Act No. 115 of 1990)

6. Disqualification for membership of council

 

(1) No person shall be appointed as a member of the council if he or she—
(a) is an unrehabilitated insolvent;
(b) has at any time been convicted of an offence for which he or she has been sentenced to imprisonment without the option of a fine for a period of not less than twelve months, unless he or she has received a grant of amnesty or a free pardon, or unless the period of such imprisonment expired at least five years before the date of his or her appointment;
(c) is an employee as defined in section 1 of the Public Service Act, 1994 (Proclamation No. 103 of 1994); or

[Section 6(1)(c) substituted by section 4 of Act No. 21 of 2008]

(d) is of unsound mind and has been so declared by a competent court.

[Section 6(1) substituted by section (5)(a) of Act No. 21 of 2008]

 

(2) A member of the council shall vacate his or her office if he or she—
(a) becomes subject to any disqualification mentioned in subsection (1);
(b) in writing tenders his or her resignation as a member to the Minister;
(c) has been absent without the leave of the council from three consecutive meetings; or
(d) is relieved of his or her office under subsection (3).

[Section 6(2) substituted by section (5)(a) of Act No. 21 of 2008]

 

(3) A member of the council may at any time be relieved of his or her office by the Minister if such member—
(a) has, in the opinion of the Minister, been guilty of improper conduct; or
(b) is, in the opinion of the Minister, unable to perform efficiently his or her duties as such member.

[Section 6(3) substituted by section (5)(a) of Act No. 21 of 2008]

 

(4) If a member of the council dies or vacates his or her office before the expiration of the period for which he or she was appointed, the Minister may, subject to the provisions of section 4, appoint another person to fill the vacancy for the unexpired portion of the period for which such member was appointed.

[Section 6(4) substituted by section (5)(a) of Act No. 21 of 2008]