Section 35: Tenure of office of members

35. Tenure of office of members (1) The seat in the Assembly of a member shall become vacant— (a) upon a dissolution of Parliament; (b) where he ceases to be a Commonwealth citizen; (c) where he becomes a party to any contract with Government for or on account of the public service, or where any firm in which he is a partner or any company of which he is a director or manager becomes a party to any such contract, or where he becomes a partner in a firm or a director or manager of a company which is a party to any such contract: Provided that, where in the circumstances it appears to him to be just to do so, 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 exempt any member from vacating his seat under this paragraph where such member, before becoming a party to such contract, or before or as soon as practicable after becoming otherwise interested in such contract (whether as a partner in a firm or as a director or manager of a company), discloses to the Speaker or, as the case may be, the Deputy Speaker the nature of such contract and his interest or the interest of any such firm or company therein; (d) where he ceases to be resident in Mauritius; (e) where, without leave of 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) previously obtained, he is absent from the sittings of 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. [Issue 1] CON – 34 Revised Laws of Mauritius (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. [S. 35 amended by Act 2 of 1982.]