the Assembly for a continuous period of 3 months during any session for
any reason other than his being in lawful custody in Mauritius;
(f)
where any of the circumstances arise that, if he were not a member of the
Assembly, would cause him to be disqualified for election thereto by virtue
of section 34(1)(a), (b), (d), (e), (g) or (h);
(g)
in the circumstances mentioned in section 36.
(2)
A member of the Assembly may resign his seat by writing under his hand
addressed to the Speaker and the seat shall become vacant when the writing is
received by the Speaker or, if the office of Speaker is vacant or the Speaker is for
any reason unable to perform the functions of his office, by the' Deputy Speaker or
such other person as may be specified in the rules and orders of the Assembly.
(3)
Where the seat in the Assembly of a member who represents a constituency
becomes vacant otherwise than by reason of a dissolution of Parliament, the writ for
an election to fill the vacancy shall, unless Parliament is sooner dissolved, be
issued within 90 days of the occurrence of the vacancy.
Amended by [Act No. 2 of 1982]
36.
Vacation of seat on sentence
(1)
Subject to this section, where a member of the Assembly is sentenced by a court in
any part of the Commonwealth to death or to imprisonment (by whatever name
called) for a term exceeding 12 months, he shall forthwith cease to perform his
functions as a member of the Assembly and his seat in the Assembly shall become
vacant at the expiration of a period of 30 days thereafter:
Provided that the Speaker (or, where the office of Speaker is vacant or he is for any
reason unable to perform the functions of his office, the Deputy Speaker) may, at
the request of the member, from time to time extend that period of 30 days to
enable the member to pursue any appeal in respect of his conviction or sentence,
so however that extensions of time exceeding in the aggregate 330 days shall not
be given without the approval of the Assembly signified by resolution.
(2)
Where at any time before the member vacates his seat he is granted a free pardon
or his conviction is set aside or his sentence is reduced to a term of imprisonment
of less than 12 months or a punishment, other than imprisonment is substituted, his
seat in the Assembly shall not become vacant under subsection (1) and he may
again perform his functions as a member of the Assembly.
(3)
For the purpose of this section (a)
2 or more terms of imprisonment that are required to be served
consecutively shall be regarded as a single term of imprisonment for the
aggregate period of those terms; and
(b)
imprisonment in default of payment of a fine shall be disregarded.