No. 4/2018
Pusuc ENllTIEs CoRPORATE GovERNANCE
Cap.l0:31
(8) If the line Minister considers that it is appropriate, on the basis of
representations made to him or her by the board, to depart from any applicable model
service conditions formulated in tem1s of this section, the line ivlinistcr shall inform the
President of his or her intention to do so, and shall not give the board approval to depart
therefrom without the President's written leave to do so, given after the President has
afforded the Minister and the Minister responsible for finance a reasonable oppmtunity
to make any representations on the proposed departure.
(9) The head of the line Ministry shall without delay if approval is given by his
or her line .Yfinister in accordance with subsection (8) to depart from applicable model
service conditions formulated in temlS of this section, inform the head of the Unit of
that fact and of the particulars of the departure.
( 10) Any service condition fixed in contravention of this section shall be void.
(11) Unless prompt voluntary reimbursement is made of any money or
money's worth of a condition of service enjoyed in contravention of this section, the
non-executive member of the public entity concerned shall be subjected to a sun:harge
levied in accordance with the Third Schedule for the reimbursable amount.
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Restriction on remuneration of senior staff of public entities
(1) The Minister, with the approval of the :tvlinister responsible for finance,
and after consultation with the line Minister concerned, may by notice published in the
Gazette, specify the maximum amounts that may be received, by way of remuneration,
allowances and other benefits, by the chief executive officer and other senior staff
members of any public entity:
Provided that if the line Minister 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 by the chief executive officer
and other senior staff members of any public entity by way of remtmeration, allowances
and other benefits, the consultation shall be deemed to have been unde1taken and the
Minister may proceed to publish the relevant notice in the Gazette.
(2) In specifying the maximum amounts that may be received, by way of
remuneration, allowances and other benefits, by the chief executive officer and other
senior staff members of any public entity, the Minister shall be guided by the principle
that the proportion of such remuneration, allowances and benefits that may be received
by all employees of the public entity concerned (including the chief executive officer
and other senior staff members) must not in general exceed thirty per centum of that
entity's revenues or operational budget in the past financial yem:
(In this subsection "operational budget'' means the detailed projection of all
estimated income and expenses based on forecasted revenue during a given period
(usually one year), and has particular reference to an entity which is funded to a
significant degree by State subventions or other monies not deriving from any revenues
generated by it).
(3) Notwithstanding any other law, where a notice has been published in tem1S
of subsection (1), no person to whom the notice applies shall be paid or given any
remuneration, allowance or benefit in excess of the amount specified in the notice:
Provided that a person who, immediately before the notice was published, was
being paid or given a higher amount shall be entitled to be paid or given that higher
amount for three months after the publication of the notice.
(4) No public entity shall92
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