or acting in any such office, without the concurrence of the President, acting in his
own deliberate judgment.
(9)
References in this section to the office of Financial Secretary or of a Permanent
Secretary are references to that office as established on 11 March 1968 and
include references to any similar office established after that date that carries the
same or higher emoluments.
Amended by [Act No. 19 of 1990]; [Act No. 48 of 1991] [Act No. 5 of 1997]; [Act No. 31
of 2000]; [Act No. 33 of 2001]
90.
Disciplined Forces Service Commission
(1) There shall be for Mauritius a Disciplined Forces Service Commission
which shall consist of the chairman of the Public Service Commission as chairman,
and 4 other Commissioners who shall be appointed by the President.
(2) No person shall be qualified for appointment as a Commissioner of the
Disciplined Forces Service Commission where he is a member of or a candidate for
election to, the Assembly or any local authority, a public officer or a local government
officer.
(3) Where at any time there are less 2 Commissioners of the Disciplined
Forces Service Commission besides the chairman or where any such Commissioner
is for any reason unable to perform the functions of his office, the President may
appoint a person who is qualified for appointment as a Commissioner of the
Commission to act as a Commissioner, and any person so appointed shall continue to
act until his appointment to act is revoked by the President.
(4) The functions of the President under this section shall be exercised
by him after consultation with the Prime Minister and the Leader of the Opposition.
Amended by [Act No. 48 of 1991], [Act No. 5 of 1997]
91.
Appointment in the Disciplined Forces
(1) Subject to section 93, power to appoint persons to hold or act in any
office in the disciplined forces (including power to confirm appointments), to exercise
disciplinary control over the persons holding or acting in such offices and to remove
such persons from office shall vest in the Disciplined Forces Service Commission:
Provided that appointments to the office of Commissioner of Police shall be made
after consultation with the Prime Minister.
(2) The Disciplined Forces Commission may, subject to such conditions as
it thinks fit, by directions in writing delegate any of its powers of discipline, removal
from office to the Commissioner of Police or, to any other officer of the Disciplined
Forces, but no person shall be removed from office except with the confirmation of the
Commission.
Amended by [Act No. 5 of 1997]