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| Establishment of the Board
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6. - (1). There is hereby established a Board to
be known as the body corporate having perpetual succession and a common
seal and shall, under that name, be capable of suing and being sued and
of purchasing or otherwise acquiring, holding and alienating moveable or
immovable property and, subject to the provision of this Act, of performing
all such acts as bodies corporate may by law, perform.
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| (2) The Board shall function without political or religious bias or
interference by donors or the Government, any organ of the State, any political
party.
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| Composition of the Board
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7. The Board shall consist of nine members who shall
be citizens of Malawi and appointed as follows:-
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| a) five members, at least two of whom shall be women, appointed by
the designated NGO co-ordinating body representing the NGO sector;
b) two members, one of whom shall be from the private sector, appointed by the members appointed under paragraph (a) and (c) on the basis of their relevant qualifications, expertise, experience and interest in NGO affairs; c) the following members ex-officio - (i) the Secretary for Gender, Youth and Community Services; and (ii) the Secretary for Justice (iii) the Secretary to the Treasury
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| Disqualification from Appointment to the Board | 8. Any person who -
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| a) is declared bankrupt under any law in force in Malawi;
b) is under any law in force in Malawi, adjudged or otherwise declared to be of unsound mind; c) has at any time been convicted of an offence involving theft, fraud, forgery, perjury or other dishonesty ; d) has, within the past five years, been convicted of an office under any written law punishable by a term of imprisonment of six months without the option of a fine. e) Would for any other reason be disqualified by law from serving as a director of a company or a trustee of a trust within Malawi, shall be disqualified from being appointed as a member of the Board. |
| Removal of Board Members
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9. Members of the Board, other than members ex-officio,
shall be subject to removal and substitution anytime, by a decision of:-
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| a) the minister, in the case of a member appointed under section 7(a);
and
b) the Board, in case of a member appointed under section 7(b)
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| Tenure of Office
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10. (1). A member of the Board, other than a member
ex-officio, shall hold office for a period of three years and at the expiry
of that period shall be eligible for reappointment for one more similar
term.
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| (2). The office of the member of the Board shall be vacated:-
a) upon his death; b) upon written resignation delivered to the Board; c) if any circumstances arise that, if he were not a member, would cause that member to be disqualified for appointment as member; d) if he as been absent without valid excuse from three consecutive meetings of the Board of which he has had notice; e) if he is incapable of efficiently performing his duties as member of the Board. |
| Filling of Vacancies
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11. (1). On vacation of office by a member of the
Board, the vacancy shall be filled by a person appointed in accordance
with section 7.
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| (2). The membership of the Board as first and subsequently appointed
and every change in the membership shall be published in Gazette.
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| Invited Persons
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12.The Board may invite any person, based on his
experience and expertise, to attend any meeting of the Board and take part
in the deliberations of the Board but such person shall not be entitled
to vote at that meeting.
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| Allowances, etc.
of board members |
13. Members of the Board shall be paid such honoraria as the
Board may determine and the Board may make provision for the reimbursement
of any reasonable expenses incurred by a member of the Board in connection
with the business of the Board.
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| Chairman and Vice-Chairman
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14 (1). The Board shall elect both the Chairman
and Vice-Chairman from among their members who shall, subject to subsection
2, hold office for the duration of their membership on the Board.
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| (2). The office of the Chairman and the Vice-Chairman shall become
vacant -
a) if the holder resigns his office by notice to the Board ; b) if the holder of the office ceases to be a member of the Board; c) if the Board so decides by a two third majority vote. (3). Whenever the Chairman is absent or is for any reason unable to
discharge the functions of his office, the Vice -Chairman shall discharge
the functions of the Chairman.
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B. No. 19
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