The Industrial Property Act, 2001
56
BUSINESS AND AFFAIRS OF THE BOARD
Tenure of office
1.The Chairman or a member of the Board other than an ex-officio member
shall, subject to the provisions of this Schedule, hold office for a period of
three years, on such terms and conditions as may be specified in the
instrument of appointment, but shall be eligible for re-appointment, subject
to a maximum of three terms of office.
Vacation of
office
2. The Chairman or a member other than an ex-officio member may:(a) at any time resign from office by notice in writing to the Minister;
(b) be removed from office by the Minister if the member:(i) has been absent from three consecutive meetings of the Board without the
permission of the Board;
(ii) is convicted of a criminal offence and sentenced to imprisonment for a
term exceeding six months or to a fine exceeding ten thousand shillings.
(iii) is incapacitated by prolonged physical or mental illness; or
(iv) is otherwise unable or unfit to discharge his functions.
Meetings
3. (1) The Board shall meet not less than four times in every financial year
and not more than four months shall elapse between the date of one meeting
and the date of the next meeting.
(2) Notwithstanding subparagraph (1), the chairman may, and upon
requisition in writing by at least five members shall, convene a special
meeting of the Board at any time for the transaction of the business of the
Board.
(3) Unless three quarters of the total members of the Board otherwise agree,
at least fourteen days’written notice of every meeting of the Board shall be
given to every member of the Board.
(4) the quorum for the conduct of the business of the Board shall be seven
members including the chairman or the person presiding.
(5) The Chairman shall preside at every meeting of the Board at which he is
present but in his absence, the members present shall elect one of their
number to preside, who shall, with respect to that meeting and the business
transacted thereat, have all the powers of the Chairman.
(6) Unless a unanimous decision is reached, a decision on any matter before
the Board shall be by a majority of the votes of the members present and
voting and in the case of an equality of votes, the Chairman or the person
presiding shall have a casting vote.
(7) Subject to paragraph (4), no proceedings of the Boa rd shall be invalid by