(3)
The office of Prime Minister or any other Minister shalL become vacant(a)
where he ceases to be a member of the Assembly otherwise than by reason
of a dissolution of Parliament; or
(b)
where, at the first sitting of the Assembly after any general election, he is not
a member of the Assembly:
Provided that paragraph (b) shall not apply to the office of Attorney-General where
the holder thereof was not a member of the Assembly on the preceding dissolution
of Parliament.
(4)
(5)
The office of a Minister (other than the Prime Minister) shall become vacant(a)
where the President, acting in accordance with the advice of the Prime
Minister, so directs;
(b)
where the Prime Minister resigns from office within 3 days after the passage
by the Assembly of a resolution of no confidence in the Government or is
removed from office under subsection (1) or (2); or
(c)
upon the appointment of any person to the office of Prime Minister.
Where for any period the Prime Minister or any other Minister is unable by reason
of section 36(1) to perform his functions as a member of the Assembly, he shall not
during that period perform any of his functions as Prime Minister or Minister, as the
case may be.
Amended by [Act No. 2 of 1982]; [Act No. 48 of 1991]
61.
The Cabinet
(1)
There shall be a Cabinet for Mauritius consisting of the Prime Minister and the other
Ministers.
(2)
The functions of the Cabinet shall be to advise the President in the Government of
Mauritius and the Cabinet shall be collectively responsible to the Assembly for any
advice given to the President by or under the general authority of the Cabinet and
for all things done by or under the authority of any Minister in execution of his office.
(3)
Subsection (2) shall not apply in relation to (a)
the appointment and removal from office of Ministers and Junior Ministers,
the assigning of responsibility to any Minister under section 62, or the
authorisation of another Minister to perform the functions of the Prime
Minister during absence or illness;
(b)
the dissolution of Parliament; or
(c)
the matters referred to in section 75.