CENTRAL ELECTRICITY BOARD (AMENDMENT) ORDINANCE 1960
Ordinance No. 6 of 1960
I assent,
10th May, 1960
C.M. DEVERELL,
Governor
___________
ARRANGEMENT OF SECTIONS
Section
1.
Short title
2.
Section 5 of Ordinance No. 79 of 1951 repealed and replaced
3.
Section 11 of Ordinance No. 79 of 1951 amended.
4.
Section 12 of ordinance No 79 of 1951 repealed
5.
Section 13 of Ordinance No. 79 of 1951 amended
6.
Section 14 of Ordinance No. 79 of 1951 repealed and replaced
7.
Section 17 of Ordinance No. 79 of 1951 amended
An Ordinance to amend the Central Electricity Board Ordinance, 1951
[14th May, 1960].
ENACTED by the Legislative of Mauritius, as follows—
1.
Short title
This Ordinance may be cited as the Central Electricity Board (Amendment)
Ordinance, 1960, and shall be read as one with the Central Electricity Board
Ordinance, 1951, as subsequently amended, hereinafter referred to as the principal
Ordinance.
2.
Section 5 of Ordinance No 79 of 1951 repealed and replaced
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Section 5 of the principal Ordinance is repealed and replaced by the following
Constitution of the Board
5.—(i) The Board shall, subject to the provisions of this section, consist of—
(a) a Chairman;
(b) the General Manager of the Central Electricity Board;
(c) a Deputy Financial Secretary;
(d) one member chosen from a panel of Mechanical and Electrical Engineers
furnished by the Engineers Association;
(e) two members of the Electricity Advisory Committee set up under section
16 of this Ordinance nominated by the members thereof from among
themselves:
Provided that one of them shall be selected to represent the interests of urban consumers
of electricity, and the other the interests of rural consumers;
(ii)
The Chairman and the members shall be appointed by the Governor and shall
hold office on such terms as the Governor may decide.
(2)
The Chairman shall preside at all meetings of the Board. In the absence of the
Chairman the Governor may nominate a member of the Board to act as Chairman
and such member shall exercise all the powers and perform all the duties of the
Chairman.
(3)
The following persons shall not be eligible for appointment as Chairman or
members of the Board(a)
members of the Legislative Council;
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(b) persons employed by or holding any interest in any Licensed Electricity Undertaking
and the agents or nominees of such persons.
(c) The name of the Chairman and of every member shall be published in the Gazette as
soon as possible after the Board is first constituted in accordance with the
provisions of this section, and thereafter the name of every person appointed as
the Chairman or as member, whether to fill a vacancy otherwise and the name of
every person appointed to the office of General Manager, shall be published in
the Gazette as soon as possible after such appointment.
(5)
The office of the Chairman or a member of the Board other than the Deputy
Financial Secretary shall become vacant-
(a)
on his death; or
(b)
if, by writing under his hand addressed to the Governor, he resigns his office, and
his resignation is accepted by the Governor, or, if not accepted, is not withdrawn
within seven days of the receipt thereof by the Governor;
(c)
if, in the opinion of the Governor, he becomes incapacitated by illness or
any other cause from performing the duties of his office; or
(d)
upon receipt the Chairman or member, as the case may be, of notification of the
termination of his appointment by the Governor; or
(e)
if he becomes a member of the Legislative Council of the Colony; or
(f)
if he becomes employed by, or acquires any interest in, or becomes the agent or
nominee of a person employed by or holding any interest in, any Licensed
Electricity Undertaking.
(6)
Whenever an office becomes vacant, the vacancy may, and, if by reason of such
vacancy there are less than two members other than the Deputy Financial
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Secretary, shall, be filled by appointment by the Governor in accordance with the
provisions of this section,
(7)
The Chairman and two members of the Board shall constitute a quorum;
(b)
Questions arising at any meeting of the Board shall be decided by a majority of
the votes of the Chairman and of the members present, and, if at any such
meeting the votes are equally divided, the Chairman shall have a second or
casting vote.
(8)
The Board shall continue in existence notwithstanding any vacancy and shall not
be disqualified for the transaction of business by reason of any vacancy.
(9)
The Board shall meet once a month or more often if the Chairman thinks it
necessary.
(10)
Every meeting of the Board shall be convened by the Chairman either of his own
accord, or at the request of two members of the Board.
(11)
(a)
Every member of the Board other than the Chairman shall,
for every meeting of the Board which he attends, be paid such
fees and expenses as the Governor may determine;
(b)
The Chairman shall be appointed on a part time basis and shall receive
such remuneration as the Governor may determine.
3.
Section 11 of Ordinance No 79 of 1951 amended
Section 11 of the principal Ordinance shall have effect as if(a)
in subsection (1)
(i)
for the full stop occurring at the end, there were substituted a colon; and
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(ii)
the following proviso were added –
Provided that any such loan even if raised at any time prior to the first day of April 1960,
may be guaranteed by the Government in accordance with such directions as may be
given from time to time by the Governor in Council.
(b)
in subsection (2), the words “during the first ten years after its establishment"
were omitted.
4.
Section 12 of Ordinance No. 79 of 1951 repealed.
Section 12 of the principal Ordinance is hereby repealed.
5.
Section 13 of Ordinance No.79 of 1951 amended
Section 13 of the principal Ordinance shall have effect as if-(a)
for the semi-colon and the word “and” occurring at the end of paragraph
(2), there were substituted a full stop, and
(b)
6.
paragraph (3) were deleted.
Section 14 of Ordinance No. 79 of 1951 repealed and replaced
Section 14 of the principal Ordinance is repealed and replaced by the following –
Preparation of Estimates and Audit
14.-(1) The Board shall, not less than six weeks before the end of every year submit to
the Minister estimates of expenditure and revenue for the next ensuing year in
such form as the Minister may direct.
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(2) (a) The Minister may make such modifications to the estimates as he shall
deem necessary and he shall forward them, as finally approved by him, to
the Board before the end of the year;
(b)
The estimates, as finally approved, shall be laid on the table of the Council by the
Minister at the earliest opportunity thereafter.
(3)
No expenditure in excess of the approved estimates shall be incurred by the
Board, except in accordance with such procedure and within such limits as the
Minister may direct.
(4)
The Board shall-
(i)
as soon as may be after the end of every year furnish to the Minister a report
upon its work during that year;
(ii)
prepare annual accounts and a balance sheet in respect of its financial transaction
during that year. Such annual accounts and balance sheet shall be forwarded not
later than the 30th June next ensuing to the Director of Audit or to any other
auditor appointed by the Governor for the purpose at such remuneration as the
Board may determine with the approval of the Governor.
(5)
The Director of Audit or the auditor appointed under the last preceding
subsection, as the case may be-
(i)
shall at all reasonable times have access to all books, registers and documents
kept by the Board and may in relation to the annual accounts or balance sheet
examine the Chairman, any member of the Board, or any officer of the Board;
and
(ii)
shall not later than the 30th September next ensuing forward his report on
the annual accounts and balance sheet to the Minister.
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(6)
(a)
The Minister shall lay the report on the table of the Council, together
with such observations as he or the Board may offer thereon.
(b)
If the report is not in the opinion of the Director of Audit or the auditor,
as the case may be, Iaid on the table of the Council within a reasonable time, the
Director of Audit or the auditor shall transmit the report to the Speaker to be laid
on the table of the Council.
7.
Section 17 Ordinance of No. 79 of 1951 amended
Subsection (2) of section 17 of the principal Ordinance shall have effect as if the
following paragraph were inserted immediately after paragraph (a), paragraphs (b), (c)
and (d) and (e) amended being relettered (c), (d), (e) and (f) respectively(b)
the establishment of such funds as may be necessary for the conduct of the
financial affairs of the Board.
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