Section 8: Vacancy in membership of Council

8. Vacancy in membership of Council (1) A member, other than a member referred to in section 7 (1) (d) or (e), shall cease to hold office— (a) on completion of his term of office; (b) on his resignation, by notice in writing given to the Registrar; or (c) in the case of a member referred to in section 7 (1) (c), where the Association designates another person as its representative. (2) Where a member resigns under subsection (1) (b), his seat shall become vacant as from the date on which the Registrar receives the notice. (3) The Council may remove from office any member, other than a member referred to in subsection (1) (d) and (e), who— (a) is suspended or deregistered as a professional quantity surveyor under this Act; (b) is absent, without leave of the Council, from 3 consecutive meetings of the Council; (c) becomes insolvent, assigns his estate for the benefit of his creditors or makes an arrangement with his creditors; (d) commits an act of misconduct, malpractice, negligence, fraud or dishonesty, or a breach of the Code of Practice, which, in the opinion of the Council, renders him unfit to be a member; (e) is convicted of an offence of such nature as, in the opinion of the Council, renders him unfit to be a member; (f) is suffering from such mental or physical impairment as, in the opinion of the Council, renders him unfit to be a member; or (g) fails to disclose any pecuniary or other material interest which he has in relation to any matter before the Council. (4) The Council may suspend from office, for such time as it may determine, any member who is— (a) liable to be removed from office under subsection (3); (b) guilty of a minor breach of the Code of Practice; or (c) the subject of an investigation. (5) Where a vacancy occurs in the membership of the Council, the vacancy shall be filled, in the case of a member— (a) appointed under section 7 (1) (a) or (c), by a fresh appointment; or (b) elected under section 7 (1) (b), by appointing the professional quantity surveyor who obtained the highest number of votes after the elected professional quantity surveyor at the election held immediately before the vacancy arose. [Issue 5] P39B – 6 Revised Laws of Mauritius (6) A person appointed under subsection (5) shall hold office for the remainder of the term of office of the person whom he replaces.