Section 24: Officers of Commission

24. Officers of Commission (1) Subject to subsection (2), the Commission shall employ such officers as it considers necessary to discharge its functions, on such terms and conditions as it thinks fit. (2) The Commission shall not select a person for employment unless— (a) it has advertised its intention to do so in the Gazette and in at least 3 daily newspapers having a wide circulation in Mauritius; (b) it has considered all applications received; (c) it has interviewed the best qualified candidates; and (d) it is satisfied that, on the basis of qualifications, experience and merit, the candidate who has been selected is of a standard which qualifies him to be appointed as an officer in the grade for which he has been selected. (3) The Commission shall, with the approval of the Parliamentary Committee, establish the salaries, wages, allowances and conditions of employment of officers. (4) Employment by the Commission under subsection (1) shall not be deemed to be employment in a public office. (5) Notwithstanding subsection (1), the Commission may— (a) with the approval of the relevant Service Commission, recruit a public officer or an officer of a local authority on contract; or (b) for the purpose of this Act, make use of the services of a police officer or other public officer designated for that purpose by the Commissioner of Police or the Head of the Civil Service, as the case may be. (6) Where the Commission recruits an officer under subsection (5) (a), that officer shall be granted leave without pay from his service for the duration of his contract of employment with the Commission but shall not be granted any further leave, with or without pay, for the purposes of any extension or renewal of such contract of employment. (7) Notwithstanding any condition contained in the contract of employment of an officer employed under subsections (1) and (5) (a), the Commission may, where it is satisfied that it is in the interests of the Commission to do so, but subject to subsection (8), terminate the employment of an officer. (8) The Commission shall not terminate the employment of an officer unless— (a) it has provided the officer with a complete statement of the reasons why it is contemplated that his employment be terminated; [Issue 1] P24 – 16 Revised Laws of Mauritius (b) it has given the officer a full and fair opportunity to show cause why his employment should not be terminated. (c) – (d) — (9) Where the Commission terminates the employment of an officer who was employed under subsection (5) (a)— (a) that officer shall be reinstated to the office which he held immediately prior to his appointment as an officer; (b) the Commission may, where the officer’s employment was terminated on grounds of fraud, corruption or dishonesty, recommend to the relevant Service Commission that disciplinary proceedings be taken against that officer. [S. 24 amended by s. 10 of Act 24 of 2005 w.e.f. 1 October 2005; s. 7 of Act 1 of 2006 w.e.f. 29 April 2006.]