Section 73: National Transport Authority

73. National Transport Authority (1) There is established for the purposes of this Act a National Transport Authority. (2) The Authority shall— (a) exercise such powers and perform such duties as are conferred or imposed upon it by this Act; (b) be responsible for the issue of licences under this Part; and (c) hold such meetings and inquiries in public or in private as it thinks necessary for the proper exercise of its functions. (3) (a) The Authority shall consist of— (i) a Chairperson, who shall be a law practitioner; (ii) the Commissioner; (iii) the Permanent Secretary of the Ministry responsible for the subject of land transport or his representative; (iv) a representative of the Prime Minister’s Office; (v) a representative of the Ministry responsible for the subject of finance; (vi) — (vii) the Commissioner of Police, or his representative; and (viii) 4 other persons having no direct or indirect interest in the road transport industry, the motor trade or the motor insurance business, to represent the general public. (b) (i) Subject to subparagraph (ii), the Chairperson and the members representing the general public shall be appointed annually by the Minister. (ii) Notwithstanding the expiry of their term of office under paragraph (i), the members shall continue in office until such time as other members are appointed in their stead. (4) The appointment of any person to serve as a member of the Authority shall be published in the Gazette. (5) The Chairperson and every member shall be paid such fees and allowances as the Minister may determine. (6) No appointed member shall be deemed to hold a public office by reason only of his appointment. (7) Where the Minister is of the opinion that any member, other than an ex officio member— (a) is guilty of improper conduct; (b) is incapacitated by prolonged physical or mental illness; or [Issue 3] R27 – 64 Revised Laws of Mauritius (c) is, for any other reason, unable or unfit to discharge his duties, he may terminate the appointment of the member. (8) The office of an appointed member shall become vacant— (a) on his death; (b) 7 days after the date on which he gives notice in writing to the Minister of his intention to resign his office; (c) where, without the permission of the Chairperson, he is absent from 3 consecutive meetings of the Authority of which he has had notice; (d) on the termination of his appointment under subsection (7); or (e) where he acquires an interest in the road transport industry, the motor trade industry or the motor insurance business. (9) The Authority may delegate to the Commissioner such of its powers as are necessary to effectively transact the day-to-day business of the Authority in accordance with such instructions as may be given by the Authority. [S. 73 amended by s. 4 of Act 11 of 1990 w.e.f. 1 July 1990; s. 3 of Act 11 of 1996 w.e.f. 8 June 1996.]