Fisheries Act, 1980

Removal of members of Central Board or a regional board.

24.—(1) If and whenever the Minister is satisfied that—

(a) the Central Board or a regional board has not, in relation to a direction given by the Minister under section 8 (1) (b) of this Act, complied with the requirements of section 8 or 11 (1) (c) of this Act, as the case may be, or

(b) after holding under section 50 of the Principal Act, as amended by section 65 of this Act, an inquiry into the performance of the functions assigned to the Central Board or a regional board by or under this Act, the functions so assigned are not being duly and effectively performed by the Central Board or a regional board, or that the performance in general by any such board of the functions so assigned to it has been unsatisfactory,

he may by order remove from office all the members (including the chairman) of the board.

(2) In case the Minister makes an order under subsection (1) of this section, he shall appoint such person or persons as he thinks fit to perform the functions of the board to which the order relates and may from time to time remove a person or persons appointed under this subsection and appoint another or others in his or their place.

(3) (a) An appointment under this section shall be in writing and shall specify the day on and from which and, subject to subsection (2) of this section, the period during which the appointment is to have effect, and for so long as the appointment remains in force it shall operate to enable the person or persons thereby appointed to perform the functions of the board in relation to which the appointment was made.

(b) An appointment under this section may fix the duties and the remuneration of the person or persons to whom it relates.

(4) The remuneration of all persons appointed under subsection (2) of this section to perform the functions of the Central Board or a regional board shall be paid out of the revenue of the board in relation to which the appointment was made as part of the expenses of performing its functions.

(5) Where a person serving in the Civil Service is appointed under subsection (2) of this section to perform the duties of the Central Board or a regional board, there shall be recouped to the Exchequer from the moneys under the control of the board in relation to which the appointment was made, in such manner as the Minister for the Public Service may direct, the salary of such person and also such charges in respect of superannuation and other allowances and gratuities payable under the Superannuation and Pensions Act, 1976 , to or in respect of such person as the Minister for the Public Service shall determine to be proper.

(6) At any time after the members of a regional board have been removed from office by an order under this section the Minister may, if and when he so thinks fit, by order cause a new election of members of such board to be held.

(7) Whether or not a new election of members of a regional board has been held in pursuance of an order made under subsection (6) of this section, the next subsequent election of members of such board shall be held on the next occasion on which an election of such members would have been required by law to be held if such board had not been dissolved.

(8) The Minister may from time to time by order do all such things and make all such regulations as in his opinion shall be necessary for giving full effect to any order made by him under subsection (6) of this section.

DIVISION III

Staff