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Cap. 413 · Equal Opportunities (Cap. 413)

Cap. 413 чл. 21ACommissioner for the Rights of Persons with Disability.

PART VI

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(1) The Prime Minister shall, after consultation with the

Minister, appoint the Commissioner for the Rights of Persons with

Disability, who as far as possible shall be a person with disability, who shall be styled "the Commissioner".

(2) A person shall not be qualified to hold the office of a Commissioner if that person:

(a) is a Minister, Parliamentary Secretary, Member of the House of Representatives; or

(b) is serving as a judge or magistrate; or

(c) is bankrupt, or has made an arrangement with his creditors, or is insolvent or guilty of a voluntary offence against the person; or

(d) has been found guilty of an offence which impinges on public trust or theft or fraud, or knowingly received property acquired through theft or fraud, of an offence against the good order of the family, or a breach of a provision of this Act or of the Convention; or

(e) is not capable to perform his duties; or

(f) is a member of an organisation of, or for, persons with disability.

(3) When the person appointed as Commissioner was, before such appointment, a public officer, such person shall continue to hold such office but shall not hold any other office which is incompatible with the exercise of his official duties as a Commissioner for the Rights of Persons with Disability or with the independence and impartiality expected from this office or from the public trust therein.

(4) In the exercise of the functions established under this Act, the Commissioner shall act independently and shall not be subject to any direction or control of any person or other authority.

(5) Without prejudice to the provisions of sub-article (6), the Commissioner shall hold office for a period of three years, and shall be eligible for a reappointment upon termination of such period.

(6) Unless he vacates the office before termination, the person appointed as Commissioner shall continue to hold office until another Commissioner is appointed.

(7) The Commissioner may at any time resign from office by writing to the Minister.

(8) The Commissioner may at any time be removed or suspended from office by the Prime Minister after consultation with the Minister for the reasons of proven inability to exercise his functions as a Commissioner or proven misbehaviour or an unjustified absence of more than fourteen consecutive days or twenty-eight days within a period of twelve months.

(9) The Prime Minister may, at any time, during the absence of the Commissioner, or for any other temporary purpose when the Commissioner deems it fit to do so, appoint a person to act in his office according to this article, until the Commissioner resumes his responsibilities under this Act; so however that the person so appointed shall be eligible to hold such office according to this Act.