Swaziland National Trust Commission - Legislation

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Legislation

LEGISLATION: The National Trust Commission Act, 1972 (Amended K.O-I-C 22/1973)

(CONTENTS) (PART I) (PART II) (PART III) (PART IV) (PART V) (PART VI) (PART VII)

PART II

THE COMMISSION

Establishment of the Commission.

3. (1) There is established a body to be knownas the "Swaziland National Trust Commission" which shall bea body corporate, capable of suing and being sued in its own name, ofacquiring and alienating movable and immovable property and, subjectto the provisions of this Act, generally of performing all such actsas bodies corporate may by law do.

(2) Subject to the provisions of Part VI ofthis Act, the Commission shall not without the prior approval of theMinister purchase, hire, sell, let, exchange, or otherwise alienate,hypothecate or encumber immovable property or invest, lend or borrowmoneys.

Constitution of the Commission.

4. (1) The Commission shall consist of achairman and six members appointed by the Minister by notice publishedin the Gazette, together with such other members as may be elected bythe Commission under subsection (2).

(2) The Commission may elect not more than fourpersons possessing such expert knowledge or experience as may berequired by it in the discharge of its functions. (Amended K.O-I-C.22/1973)

(3) The Commission shall elect a deputychairman who shall preside if the chairman is absent.

(4) The period of office of a member of theCommission shall be -

(a) in the case of a member appointed undersubsection (1), three years; and

(b) in the case of a member elected undersubsection (2), a period not in excess of one year,

but a member shall be eligible to bere-appointed or re-elected.

(5) A member of the Commission shall vacate hisoffice if he -

(a) gives the Minister written notice of hisresignation; or

(b) has been absent from three consecutivemeetings of the Commission without the permission of the chairman; or

(d) is convicted of an offence and sentenced toa term of imprisonment without the option of a fine; or

(e) is declared insolvent by the High Court andhas not been rehabilitated; or

(f) is employed by the Commission.

(6) When a vacancy among appointed members ofthe Commission occurs, the Minister shall appoint a person to fill thevacancy for the unexpired portion of the period for which such memberhas been appointed.

(7) The chairman (or deputy chairman) and fourmembers of the Commission shall constitute a quorum and a decision ofthe majority of members present at the meeting shall be deemed to bethe decision of the Commission.

(8) The chairman shall have a casting vote aswell as a deliberative vote.

(9) The Commission shall meet at least twice ayear and the chairman shall give or cause members of the Commission tobe given reasonable notice in writing of a meeting.

Members of the Commission not to beremunerated.

5. No remuneration shall be paid to the membersof the Commission, but each member may draw from the funds of theCommission his reasonable expenses for subsistence and travellingwhile engaged in the business of the Commission at the ratesauthorized in terms of any regulation made under section 43.

Functions of the Commission.

6. (1) Subject to the provisions of this Act orany other law the Commission is charged with the general supervisionand control of the Swaziland National Centre and other declaredinstitutions, national parks, nature reserves, monuments, relics andantiques. (Amended K.O-I-C. 22/1973)

(2) The Commission may establish comittees toassist it in the exercise of its functions and the performance of itsduties, and may, in addition, appoint such persons as it may deem fitto be members of such a committee.

Officers and employees.

7. (1) The Commission shall appoint a chiefexecutive officer who shall -

(a) hold office for such a period and subjectto such conditions as the Commission may decide; and

(b) subject to the directions of the Commissionbe charged with the management of the business of the Commission andits administration and organisation and with control of the staff ofthe Commission.

(2) The Commission may, subject to theprovisions of section 11, appoint such other persons to the staff ofthe Commission as may from time to time be required for the carryingout of the objects of this Act and may in its discretion dismiss anyofficer or employee from its service.

Limitation of liability and actions.

8. (1) No action shall lie against theCommission for the recovery of any damage caused by any animal, insidea declared institution, park, reserve or monumnet unless such damageis shown to have been caused by the reckless or wilful misconduct of aperson employed by the Commission and acting in the course of suchemployment. (Amended K.O-I-C. 22/1973)

(2) No action shall lie against the Commissionor any officer or employee of the Commission in respectof anythingdone under this Act unless written notice stating the cause of actionis served on the Commission within thirty days after the cause ofaction arises, and unless the action is commenced within six monthsafter the cause of action arises.

(CONTENTS) (PART I) (PART II) (PART III) (PART IV) (PART V) (PART VI) (PART VII)

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