52Power to appoint includes power to remove, suspend, appoint acting officer etc.

##### 52. Power to appoint includes power to remove, suspend, appoint acting officer etc. (1) Where a written law confers a power or imposes a duty upon a person to make an appointment to an office or position, including an acting appointment, the person having such power or duty shall also have the power — (a) to remove or suspend a person so appointed to an office or position, and to reappoint or reinstate, any person appointed in exercise of such power or duty; and (b) where a person so appointed to an office or position is suspended or unable, or expected to become unable, for any other cause to perform the functions of such office or position, to appoint a person to act temporarily in place of the person so appointed during the period of suspension or other inability but a person shall not be appointed to so act temporarily unless he is eligible and qualified to be appointed to the office or position; and (c) to specify the period for which any person appointed in exercise of such a power or duty shall hold his appointment. (2) For the purposes of subsection (1)(b), cause includes — (a) illness; and (b) temporary absence from the State; and (c) conflict of interest. (3) The validity of anything done by a person purporting to act under an appointment made under subsection (1)(b) shall not be called in question on the ground that the occasion for his appointment had not arisen or had ceased. (4) Where a written law confers a power or imposes a duty upon a person to make an appointment to an office or position and that power or duty is exercisable only upon the nomination or recommendation, or is subject to the approval, concurrence, or consent of some other person, then the powers conferred by subsection (1)(a) to (c) shall only be exercisable upon such nomination or recommendation or subject to such approval, concurrence, or consent. (5) Nothing in this section affects the tenure of office or position of any person under the express provisions of any written law. [Section 52 amended: No. 31 of 2010 s. 7.]