No. 4/2018
Pul3LIC EmJTIEs CoRPORATE GovERNANCE
Cap. 10:31
(3) The Minister shall not formulate model service conditions that are
inconsistent with this Act or the enabling instruments of the public entities concemed.
(4) The Minister may from time to time amend or replace model service
conditions, and subsections (2) to (3) shall apply, with any necessary changes, to any
such amendment or replacement
(5) As soon as possible after formulating, amending or replacing any model
service conditions in tetms of this section, the Minister shall(a) submit the standard<> or amendment or replacement thereof for the approval
of the Cabinet; and
(b) after being notified of the Cabinet's approval(i) transmit a copy of the standards and of any amendment or
replacement to the Unit's offices, where it may be inspected by
members of the public, free of charge, at all reasonable times during
the Unit's business hours; and
(ii) keep a copy of the standards and of any amendment or replacement
available in electronic fom1 for inspection by members of the public
on the website of the Unit.
(G) When fixing the service conditions of an executive member, a line Minister
or public entity shall observe any applicable model service conditions formulated
in terms of this section and may depart from them only with the President's written
approval, given after the President has afforded the Minister and the Minister
responsible for finance a reasonable opportunity to make any representations on the
proposed departure.
(7) The head of the line Ministry shall without delay if approval is given to
his or her line Minister by the President in accordance with subsection (6) to depart
from applicable model service <.~onditions formulated in terms of this section, inform
the head of the llnit of that fact and of the patticulars of the departure.
(8) Any service condition fixed in contravention of subsection (5) shall be
void, and, if the member concemed has enjoyed any service condition resulting from
that contravention, he or she must reimburse the entity concemed or return to it any
property constituting the service condition.
(9) Unless prompt voluntmy reimbursement is made of any money or money's
worth of a condition of service enjoyed in contravention of subsection (5), the executive
member of the public entity concerned shall be subjected to a surcharge levied in
accordance with the Third Schedule for the reimbursable amount.
14
Restriction on remuneration of board members of public entities
( 1) The :Minister, with the approval of the Minister responsible for finance,
and after consultation with the line Minister concerned, may by notice published in the
Gazette specify the amount that may be received, by way of remuneration, allowances
and other benefits, by members of the board of any public entity:
Provided that if the line :t\1inister does not respond within thirty days from his
or her receipt of a written request by the Minister seeking consultation with respect to
the Minister's proposed amounts that may be received hy board members by way of
remuneration, allowances and other benefits, the consultation shall be deemed to have
been undertaken and the Minister may proceed to publish the relevant notice in the
Gazette.
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