Section 5: Constitution of Board

5. Constitution of Board (1) (a) The Board shall, subject to this section, consist of— (i) a Chairperson; (ii) the General Manager; (iii) a representative of the Ministry responsible for the subject of finance; (iv) a representative of the Ministry responsible for the subject of the Board; (v) a representative of the Ministry responsible for the subject of economic planning; (vi) a representative of the Central Water Authority; (vii) one member chosen from among the members of the Engineers’ Association; (viii) 2 members of the Electricity Advisory Committee set up under section 24 nominated by the members thereof from among themselves, one of whom shall be selected to represent the interests of urban consumers of electricity, and the other, the interests of rural consumers; (ix) 2 other members, with experience in agricultural, industrial, commercial, financial, scientific or administrative matters. (b) The Chairperson and members, other than the General Manager and the members referred to in paragraph (a) (iii), (iv), (v) and (vi), shall be appointed by the Minister and shall hold office for a period of 3 years and may be eligible for reappointment. (2) (a) The Chairperson shall preside at all meetings of the Board and, in his absence from a meeting, the members present shall elect a Chairperson from among themselves. [Issue 9] C6 – 2 (b) In the absence of the Chairperson from Mauritius, the Minister may nominate a member of the Board to act as Chairperson and such member shall exercise all the powers and perform all the duties of the Chairperson. (3) The following persons shall not be eligible for appointment as Chairperson or member of the Board— (a) members of the Assembly; (b) persons employed by or holding any interest in any licensed electricity undertaking and the agents or nominees of such persons. (4) The name of every person appointed as Chairperson or as member, whether to fill a vacancy or otherwise, and the name of every person appointed to the office of General Manager shall be published in the Gazette as soon as possible after such appointment. (5) The office of the Chairperson or a member of the Board, other than the General Manager, shall become vacant— (a) on his death; (b) where by writing under his hand addressed to the Minister, he resigns his office, and his resignation is accepted by the Minister, or, where not accepted, is not withdrawn within 7 days of its receipt by the Minister; (c) where, in the opinion of the Minister, he becomes incapacitated by illness or any other cause from performing the duties of his office, on receipt by the Chairperson or member, as the case may be, of notification of the termination of his appointment by the Minister; (d) where he becomes a member of the Assembly; or (e) where he becomes employed by, or acquires any interest in, or becomes the agent or nominee of a person employed by or holding any interest in, any licensed electricity undertaking. (6) (a) Where an office becomes vacant, the vacancy may, and, where by reason of the vacancy there are less than 4 members excluding the member referred to in subsection (1) (a) (iii), shall be filled by appointment by the Minister in accordance with this section. (b) Where the office of Chairperson becomes vacant, the Minister may appoint a member of the Board to fill the vacancy. (7) (a) At any meeting of the Board, the Chairperson and 4 members shall constitute a quorum. (b) Questions arising at any meeting of the Board shall be deci e vacancy may, and, where by reason of the vacancy there are less than 4 members excluding the member referred to in subsection (1) (a) (iii), shall be filled by appointment by the Minister in accordance with this section. (b) Where the office of Chairperson becomes vacant, the Minister may appoint a member of the Board to fill the vacancy. (7) (a) At any meeting of the Board, the Chairperson and 4 members shall constitute a quorum. (b) Questions arising at any meeting of the Board shall be decided by a majority of the votes of the Chairperson and members present and, if at any such meeting the votes are equally divided, the Chairperson shall have a second or casting vote. C6 – 3 [Issue 9] (8) The Board shall continue in existence notwithstanding any vacancy and shall not be disqualified for the transaction of business by reason of any vacancy. (9) The Board shall meet or as often as the Chairperson thinks it necessary but at least once every month. (10) Every meeting of the Board shall be convened by the Chairperson either of his own accord or at the request of 2 members of the Board. (11) (a) Every member of the Board, other than the Chairperson and the General Manager, shall, for every meeting of the Board which he attends, be paid such fees and expenses as the Minister may determine. (b) The Chairperson shall receive such remuneration as the Minister may determine.