Page:Agreement relating to Malaysia (1963).djvu/122






 * Provided that a public officer may be appointed to be a member of the Commission if he is on leave prior to retirement ;


 * (b) a member of either House of Parliament or of the Council Negri;


 * (c) a member, officer or employee of any local authority ;


 * (d) a member of any trade union, or of any body or association affiliated to a trade union ; or


 * (e) the holder of any office in any political association.


 * (3) Subject to clauses (2) and (4), every member of the Commission shall, unless he earlier resigns his office, by writing under his hand addressed to the Governor hold office for a period of five years from the date of his appointment or for such shorter period as may be specified in the instrument by which he is appointed.


 * (4) If the Chief Minister, or the Chairman of the Commission after consulting with the Chief Minister, represents to the Governor that a member of the Commission ought to be removed from office for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour, the Governor shall appoint a tribunal in accordance with clause (5) and shall refer the representation to it ; and, if the tribunal so recommends, the Governor shall remove that member from office by writing under his hand.


 * (5) A tribunal appointed under clause (4) shall consist of not less than three persons who hold or have held office as Judge of the Federal Court or of any High Court in the Federation or, if it appears to the Governor expedient to make such appointment, persons who hold or have held equivalent office in any other part of the Commonwealth.


 * (6) A tribunal appointed under clause (4) shall regulate its own procedure and may make rules for that purpose.


 * (7) Where a representation has been made to the Governor under Clause (4), he may on the recommendation of the Chief Minister suspend the member concerned from the exercise of his functions pending the report of the tribunal on that representation.


 * (8) Where, during any period, a member of the Commission has been granted leave of absence by the Governor or is unable, owing to his absence from the State, illness or any other cause, to discharge his functions as such a member the Governor may appoint as a temporary member of the Commission to exercise his functions during that period, any person who would be qualified to be appointed in his place ; and the appointment of any such temporary member shall be made in the same manner as that of any other member of the Commission.