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Government Gazette 25 August 2016
Act No. 8, 2016
9
BUSINESS AND INTELLECTUAL PROPERTY
AUTHORITY ACT, 2016
(c) has been absent from three consecutive meetings of the Board without
leave of the chairperson of the Board; or
(d)
is removed from office under subsection (2).
(2)
The Minister, by notice in writing to a member, may remove a member
from office before the expiry of his or her term, if the Minister is satisfied, after giving
such member a reasonable opportunity to be heard, that the member (a)
is physically or mentally unfit or unable to effectively perform his or
her functions as a member;
(b)
neglects his or her functions as a member;
(c)
has contrary to section 25 divulged information which has been
entrusted to the member; or
(d)
acts in a manner that prejudices or is in conflict with the functions of the
Board or BIPA.
(3)
If a member dies or vacates office before the expiration of his or her
term of office, the Minister must appoint a person to fill the vacancy for the remainder
of such term in accordance with section 8.
Meetings of Board
12.
(1)
The first meeting of the Board takes place at a time and place
determined by the Minister, and the Board must hold at least four meetings a year at a
time and place determined by the chairperson of the Board.
(2)
The chairperson of the Board must convene a special meeting of the
Board, to be held within 14 days after the date of receipt of a written request (a)
by the Minister; or
(b)
signed by at least three of the members,
and the request must clearly state the purpose for which the meeting is to be convened,
the place and the agenda of the meeting and such other matters as may be so requested
by the Minister or such members.
(3)
The Minister may in writing request any matter pertaining to the
functions of BIPA to be placed on the agenda of a meeting of the Board for consideration.
(4)
quorum.
At any meeting of the Board, the majority of all members form a
(5)
If a quorum cannot be obtained at a meeting of the Board, the meeting
is adjourned to a time and date determined by the chairperson of the Board.
(6)
A decision of a majority of the members present and voting at a meeting
of the Board constitutes a decision of the Board, and in the event of an equality of votes,
the member presiding has a casting vote in addition to his or her deliberative vote.