Sri Lanka Consolidated Acts

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Mediation Board Act (No. 72 of 1988) - Sect 2

Appointment of Commission

2.
(1) The President shall appoint a Commission consisting of five persons (hereinafter referred to as the "Com- mission ") three of whom at least shall be from among persons who have held judicial office in the Supreme Court or the Court of Appeal. The President shall nominate as Chairman of the Commission one of the three members who have held judicial office as aforesaid.
(2) The Chairman and Commissioners shall hold office for a period of three years unless any one of them earlier dies, resigns or is removed from office:
(3) The Chairman or any Commissioner vacating office upon the expiration of his term of office shall be eligible for re-appointment.
(4)
(a) The Chairman or any Commissioner may resign office by letter addressed to the President.
(b) The President may without assigning a reason remove the Chairman or any Commissioner from office.
(5) The Chairman or any Commissioner who has resigned or has been removed from office shall not be eligible for re- appointment.
(6)
(a) Where any vacancy arises in the Commission, by reason of death resignation or removal of the Chairman on any commissioner, the President shall fill such vacancy having regard to the provisions of subsection (1).
(b) Any person appointed to fill a vacancy arising from the death, resignation or removal of the Chairman or arty Commissioner shall hold office for the unexpired period of the term of office of his predecessor.
(7) Where a Commissioner becomes, by reason of illness or other infirmity or absence from Sri Lanka temporarily unable to perform the duties of his office, the President may appoint a fit person to act in his place for the period of such incapacity or absence, and where the Commissioner who is so incapacitated or absent from Sri Lanka is the Chairman of the Commission, the President shall appoint another Commissioner who has previously held judicial office to act in his place until the resumption of duties by the Chairman of the Commission.
(8) The Chairman and the Commissioners shall be remunerated in such manner and at such rates as may be determined by the Minister with the concurrence of the Minister in charge of the subject of finance.
(9) Three members of the Commission shall constitute the quorum for any meeting of the Commission and the Chairman shall preside at all meetings of the Commission. The Commission may regulate its own procedure in regard to meetings of such Commission and the transaction of business at such meetings.
(10) No act or proceeding of the Commission shall be deemed invalid by reason only of any defect in the appointment of the Chairman or any Commissioner.


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