A478
Ord. No. 73/88
OCCUPATIONAL SAFETY AND HEALTH COUNCIL
(a) by the Council; or
(b) by any committee of the Council,
acting in good faith in the course of the operation of the Council or of the committee.
(2) The protection hereby conferred on members of the Council or of a committee of the Council and employees of the Council in respect of any act or default shall not affect any liability of the Council for that act or default.
SCHEDULE
[s. 3]
PROVISIONS WITH RESPECT TO THE COUNCIL AND MEMBERS THEREOF
1. The Council shall have a common seal.
2. The Council shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
3. (1) The Council shall appoint an Executive Director and shall determine the terms and conditions of his appointment; but shall obtain the approval of the Governor to any proposed appointment and to the suspension and dismissal of the person appointed.
(2) The Executive Director shall perform, on behalf of the Council, such functions as the Council may assign to him.
(3) The Executive Director shall not without the permission of the Chairman take part in any deliberation of the Council which concerns the terms of his own appointment, suspension or dismissal and shall not vote on any question concerning these matters.
4. (1) Subject to sub-paragraph (3), a member of the Council shall hold and vacate his office in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.
(2) Any member other than a member appointed under section 3(2)(d) may at any time--
(a) resign his office by notice in writing to the Governor; or
(b) be removed from office by the Governor for permanent incapacity or other
sufficient cause,
and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(3) Where any member appointed under section 3(2)(a), (b) or (c) is precluded by temporary incapacity or other cause from exercising his functions as a member for any period, the Governor may appoint another person to act in place of that member during that period.
(4) Where any question arises under sub-paragraph (2) or (3) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Governor shall be final.
5. If the Governor is satisfied that a member of the Council appointed under section 3(2)(c)-
(a) has been absent from more than 3 consecutive meetings of the Council
without the permission of the Council; or
(b) has become bankrupt or made an arrangement with his creditors; or (c) is incapacitated by physical or mental illness; or