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SCHEDULE.
An Bord Gráin.
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Section 4.
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Incorporation.
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1. The Board shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name and to hold land.
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Constitution of the Board.
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2. (1) The Board shall consist of a chairman and such number (not being less than four or more than eight) of other members as the Minister from time to time determines.
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(2) The chairman of the Board shall be that member of the Board who, at the time of his appointment to be a member of the Board or subsequently, is appointed by the Minister to be such chairman.
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Appointment and term of office of members of the Board.
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3. (1) The members of the Board shall be appointed by the Minister.
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(2) The term of office of a member of the Board shall be such period, not exceeding two years, as the Minister may determine when appointing him.
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Re-appointment of members of the Board.
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4. A member of the Board whose term of office expires by effluxion of time shall be eligible for re-appointment.
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Remuneration and expenses of members of the Board.
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5. A member of the Board shall be paid out of the Fund such remuneration (if any) and allowances for expenses as the Minister, after consultation with the Minister for Finance, from time to time determines.
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Resignation and disqualification of members of the Board.
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6. (1) A member of the Board may at any time resign his office by letter addressed to the Minister and the resignation shall take effect as on and from the date of the receipt of the letter by the Minister.
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(2) A member of the Board shall be disqualified from holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.
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Disqualification of member of either House of Oireachtas for membership of Board.
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7. (1) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.
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(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.
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Removal of members of the Board.
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8. The Minister may at any time remove a member of the Board from office.
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Disclosure by members of the Board of interest in proposed contract.
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9. A member of the Board who has—
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(a) any interest in any company or concern with which the Board proposes to make any contract, or
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(b) any interest in any contract which the Board proposes to make,
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shall disclose to the Board the fact of the interest and the nature thereof, and shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.
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Meetings and procedure of the Board.
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10. (1) The Board shall hold such and so many meetings as may be necessary for the due fulfilment of its functions.
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(2) The Minister may fix the date, time and place of the first meeting of the Board.
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(3) The quorum for a meeting of the Board shall, unless the Minister otherwise directs, be three.
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(4) At a meeting of the Board—
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(a) the chairman of the Board shall, if present, be chairman of the meeting,
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(b) if and so long as the chairman of the Board is not present or if the office of chairman is vacant, the members of the Board who are present shall choose one of their number to be chairman of the meeting.
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(5) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question, and, in the case of an equal division of votes, the chairman of the meeting shall have a second or casting vote.
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(6) The Board may act notwithstanding one or more vacancies among its members.
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(7) Subject to the provisions of this Act, the Board shall regulate, by standing orders or otherwise, the procedure of the Board.
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Seal of the Board.
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11. (1) The Board shall provide itself with a seal, and such seal shall be authenticated by the signature of the chairman of the Board or some other member thereof authorised by the Board to act in that behalf and the signature of an officer of the Board authorised by the Board to act in that behalf.
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(2) Judicial notice shall be taken of the seal of the Board, and every document purporting to be an instrument made by the Board and to be sealed with the seal (purporting to be authenticated in accordance with this section) of the Board shall be received in evidence and be deemed to be such instrument without further proof unless the contrary is shown.
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Contracts and instruments not under seal.
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12. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.
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