CHAPTER 69:05
MALAWI ROAD TRANSPORTERS AUTHORITY
ARRANGEMENT OF SECTIONS
SECTION
1. Short title
2. Interpretation
3. Establishment of the Authority
4. Constitution and proceedings of Authority
5. Appointment, etc., of staff
6. Legal proceedings
7. Funds of the Authority
8. Functions of the Authority
9. Transfer of assets, etc., of Malawi African Road Transporters Association Ltd.
10. Regulations
11. Saving
5 of 1970
8 of 1980
An Act to provide for the establishment of the Malawi Road Transporters Authority; to vest in the Authority certain assets and liabilities; to confer or impose powers and duties on the Authority; and to provide for matters incidental to or connected with the foregoing
This Act may be cited as the Malawi Road Transporters Authority Act.
In this Act, unless the context otherwise requires—
“approved transporter” means a Malawi African road transport operator, approved by the Authority for the purposes of this Act, and registered in the books of the Authority as an approved transporter;
“Authority” means the Malawi Road Transporters Authority established under section 3.
3. Establishment of the Authority
(1) There is hereby established a body to be known as the Malawi Road Transporters Authority, which shall be a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name, and, subject to this Act, of purchasing, holding, acquiring and disposing of movable and immovable property and doing all such acts and things as corporate bodies may by law do and perform.
(2) In the exercise of its powers or the performance of its functions under this Act the Authority shall be subject to any special or general directions of the Minister.
4. Constitution and proceedings of Authority
(1) The Authority shall consist of the following members who shall be appointed by the Minister for a term of two years and be eligible for reappointment—
(a) a Chairman;
(b) a Deputy Chairman;
(c) two members appointed by the Minister in his discretion;
(d) a representative of the Malawi Development Corporation;
(e) a representative of the Agricultural Development and Marketing Corporation;
(f) a representative of the Ministry; and
(g) two members to represent approved transporters.
(2) At any meeting of the Authority the Chairman shall preside, but if at any meeting the Chairman is not present, the Deputy Chairman shall act as Chairman, or if the Deputy Chairman is also not present the members present and forming a quorum shall elect one of their number to act as Chairman for that meeting.
(3) The Authority shall meet at such times and at such places as may be necessary or expedient for the transaction of business.
(4) At any meeting of the Board any five members thereof shall form a quorum.
(5) Decisions of the Authority shall be decided by a majority of the members present and voting on the matter in question, and in the event of an equality of votes the Chairman at that meeting shall have a casting vote in addition to his deliberative vote.
(6) Minutes in proper form of each meeting of the Authority shall be kept and shall be confirmed by the Authority at the next meeting and signed by the Chairman of such next meeting.
(7) The Authority may in its discretion invite any person to attend a meeting of the Authority, and such person may, with the consent of the Chairman of that meeting, speak but shall have no power to vote.
(8) Any member of the Authority may at any time resign by giving notice in writing to the Minister, and from the date specified in the notice, or from the expiration of seven days after receipt of the notice by the Minister, whichever is the later, he shall cease to be a member of the Authority.
(9) Subject to this section and any special or general directions given by the Minister the Authority may regulate its own procedure.
(10) No member of the Authority, in his capacity as such, shall be personally liable for anything done, or omitted to be done, by him in good faith under this Act.
(1) The Authority shall, with the approval of the Minister, appoint a General Manager who shall be responsible for the day to day running of the business of the Authority, and appoint or employ such other persons as may be necessary for the proper conduct of the Authority’s business.
(2) The General Manager and other persons appointed or employed under this section shall be paid from the funds of the Authority such remuneration and allowances, and shall be subject to such conditions of employment, as the Authority, with the approval…
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