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Amendment of section 97 of Act of 1992.
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5.—Section 97 of the Act of 1992 is hereby amended—
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(a) by the substitution for subsection (1) of the following subsection:
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“(1) (a) The Government shall appoint as occasion arises a person to the office of Controller for a term of 5 years on such terms and conditions as shall be specified by the Government when making the appointment.
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(b) A person appointed under paragraph (a) of this subsection, whose term of office expires otherwise than by reason of the person being removed from office, shall be eligible for reappointment.
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(c) Notwithstanding paragraphs (a) and (b) of this subsection, a person appointed to the office of Controller shall retire on attaining the age of 65 years.
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(d) Without prejudice to paragraphs (a), (b) and (c) of this subsection, the person holding office as Controller, immediately before the commencement of this section, shall hold that office on the same terms and conditions, including conditions as to superannuation or other allowance or gratuity, as specified by the Government when making his appointment to that office.”,
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(b) by the substitution for subsection (3) of the following subsection:
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“(3) Subject to the Controller being in good health at the time of appointment and notwithstanding that the Controller is appointed without a certificate from the Civil Service Commissioners, the Controller shall, during his term of office, be deemed to be employed in the Civil Service of the State.”,
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(c) by the insertion after subsection (3) of the following subsection:
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“(3A) The Office shall be located at such a place in the State as may be designated from time to time by the Minister, and the functions of the office of Controller shall be discharged at that place, subject to such exceptions as the Minister may from time to time specify in writing.”,
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(d) by the insertion after subsection (4) of the following subsection:
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“(4A) Notwithstanding subsection (1), the Government may remove from the office of Controller a person who has become incapable through ill-health of effectively performing the duties of Controller or for stated misbehaviour or whose removal appears to the Government to be necessary for the effective performance of the functions of Controller.”,
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(e) by the substitution for subsection (5) of the following subsection:
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“(5) Any act or thing directed to be done by or to the Controller under this Act or any other enactment may be done by or to any officer authorised by the Minister.”,
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and
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(f) by the substitution for subsection (6) of the following subsection:
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“(6) An authorisation under subsection (5)—
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(a) may be made subject to such directions as the Minister may specify, and
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(b) may at any time be modified or revoked by the Minister.”,
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and the section as so amended is set out in the Table to this section.
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TABLE
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97.—(1) (a) The Government shall appoint as occasion arises a person to the office of Controller for a term of 5 years on such terms and conditions as shall be specified by the Government when making the appointment.
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(b) A person appointed under paragraph (a) of this subsection, whose term of office expires otherwise than by reason of the person being removed from office, shall be eligible for reappointment.
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(c) Notwithstanding paragraphs (a) and (b) of this subsection, a person appointed to the office of Controller shall retire on attaining the age of 65 years.
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(d) Without prejudice to paragraphs (a), (b) and (c) of this subsection, the person holding office as Controller, immediately before the commencement of this section, shall hold that office on the same terms and conditions, including conditions as to superannuation or other allowance or gratuity, as specified by the Government when making his appointment to that office.
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(2) The Controller shall receive such remuneration as the Minister for Finance shall determine.
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(3) Subject to the Controller being in good health at the time of appointment and notwithstanding that the Controller is appointed without a certificate from the Civil Service Commissioners, the Controller shall, during his term of office, be deemed to be employed in the Civil Service of the State.
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(3A) The Office shall be located at such a place in the State as may be designated from time to time by the Minister, and the functions of the office of Controller shall be discharged at that place, subject to such exceptions as the Minister may from time to time specify in writing.
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(4) Whenever the Controller is temporarily unable to attend to his duties or his office is vacant, the Minister may appoint a person to perform the duties of the Controller during such inability or vacancy, and every person so appointed shall for as long as the appointment remains in force have all the powers of the Controller under this Act and as otherwise determined by law and shall receive such remuneration as the Minister shall, with the sanction of the Minister for Finance, direct.
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(4A) Notwithstanding subsection (1), the Government may remove from the office of Controller a person who has become incapable through ill-health of effectively performing the duties of Controller or for stated misbehaviour or whose removal appears to the Government to be necessary for the effective performance of the functions of Controller.
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(5) Any act or thing directed to be done by or to the Controller under this Act or any other enactment may be done by or to any officer authorised by the Minister.
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(6) An authorisation under subsection (5)—
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(a) may be made subject to such directions as the Minister may specify, and
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(b) may at any time be modified or revoked by the Minister.
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