A 298
2003 No. 19
Communications
to subsection (4) of this section, be eligible thereafter for renewal of their respective
tenures.
Resignation of
a Commissioner.
9. A Commissioner may resign his office by giving 3 months written notice
thereof addressed to the President through the Minister.
Removal of a
Commissioner.
10.—(1) Subject to subsections (2), (3) and (4) of this section, a
Commissioner may be suspended, or removed from office by the President if
he—
(a) is found to have been unqualified for appointment as a Commissioner
pursuant to section 7 of this Act or is in breach of section 7(2) hereof after his
appointment ;
(b) has demonstrated inability to effectively perform the duties of his office ;
(c) has been absent from 5 (five) consecutive meetings of the Board without
the consent of the Chairman except he shows good reason for such absence ;
(d) is guilty of a serious misconduct in relation to his duties as a Commissioner ;
(e) in the case of a person possessed of professional qualifications, he is
disqualified or suspended from practising his profession in any part of the
world by an order of a competent authority ; or
(f) is in a breach of the conflict of Interest Rules set out in the Second
Schedule to this Act.
(2) Prior to the suspension or removal of a Commissioner under subsection (1)
of this section, the President shall inform the Commissioner by written notice, as
soon as practicable, of his intention to suspend or remove the Commissioner from
office and the reasons therefor.
(3) The affected Commissioner under subsection (1) of this section shall be
given a reasonable opportunity to make written submissions to the President within
a time period specified in the notice and such time period shall not be less than
14 days from the date of the notice.
(4) The affected Commissioner may, within the time period specified in the
notice, submit a written submission and the President shall consider the submission in
making his final decision on the Commissioner’s suspension or removal from office.
Vacancy on
the Board.
11.—(1) There is a vacancy in the Board if a Commissioner—
(a) dies ;
(b) is removed from office in accordance with sections 7 or 10 of this Act ; or
(c) resigns from office; or
(d) upon the completion of his tenure of office.
(2) A vacancy in the Board shall be filled by the appointment of another
person to the vacant office by the President in accordance with section 8 of this
Act, as soon as is reasonably practicable after the occurrence of such vacancy.