Harbours Act, 1946
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Qualifications for offices. |
42.—(1) The Minister may declare a qualification of any of the following classes or descriptions to be a qualification for a specified office under a harbour authority or for such of the offices under harbour authorities as belong to a specified class, description or grade, that is to say:— | |
(a) qualifications relating to character, | ||
(b) qualifications relating to age, health, or physical characteristics, | ||
(c) qualifications relating to education, training or experience, | ||
(d) qualifications relating to residence, | ||
(e) qualifications relating to sex, | ||
(f) the qualification that any woman holding the office in question be either unmarried or a widow. | ||
(2) The Minister shall not declare under this section that any qualification relating to sex is a qualification for any office unless he is of opinion that the duties of the office so require. | ||
(3) Before declaring under this section that any qualification is a qualification for any office to which the Local Authorities (Officers and Employees) Acts, 1926 and 1940, as applied by this Act, apply, the Minister shall consult with the Local Appointments Commissioners. | ||
(4) Every reference in the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), as applied by this Act, to the qualifications prescribed under that Act shall be construed in relation to every office under a harbour authority as a reference to the qualifications (if any) for the time being declared under this section to be the qualifications for such office. | ||
(5) Subject to the provisions of subsection (6) of this section, no person shall be appointed to any office for which any qualifications are for the time being declared under this section to be the qualifications unless he possesses those qualifications. | ||
(6) Whenever it is necessary to fill immediately any office for which any qualifications are for the time being declared under this section to be the qualifications, and no suitable person possessing such qualifications is available for appointment, the Minister may, on the application of the harbour authority concerned, authorise an appointment, limited as to its duration to a specified period, to be made to the office without reference to such qualifications and thereupon such appointment may be so made. | ||
(7) A person appointed to any office in pursuance of an authorisation under subsection (6) of this section shall (unless for any reason he has previously ceased to hold office) cease to hold office on the occurrence of whichever of the following events first occurs: | ||
(a) the expiration of the period specified in that behalf in the authorisation, | ||
(b) the appointment to the office of a person possessing the qualifications for the time being declared under this section to be the qualifications for the office. | ||
(8) For the purposes of this section, the fact that a person has been recommended by the Local Appointments Commissioners for appointment to any office shall be conclusive evidence that he possessed at the time of the recommendation the qualifications (if any) for the time being declared under this section to be the qualifications for the office. | ||
(9) The Local Appointments Commissioners shall, before recommending a person to a harbour authority for appointment to any office, satisfy themselves that such person possesses the requisite knowledge and ability for the proper discharge of the duties of the office. |