ARRANGEMENT OF SECTIONS
1. Short title
Establishment, Constitution and Membership of Corporation
3. Establishment of Corporation
4. Composition of Corporation
5. Resignation and removal from office
6. Tenure of office
7. Payment of members
Meetings and Proceedings of Board
9. Signification of documents
Officers, Employees and Agents of Corporation
10. Appointment of officers and employees
11. Delegation to committee, etc
Functions, Powers and Duties of Corporation
12. Functions and powers
13. Exclusive privilege of Corporation
14. Co-operation with authorities
15. Research and records
16. Power of Minister to give directions
17. Principles of financial operations
18. Fixing of tariffs
19. Borrowing powers
20. Vesting of property in Corporation
21. Liabilities to pay tax etc.
22. Accounts and audit
23. Annual report
24. Compulsory acquisition of land
25. Resettlement measures
26. Compensation for loss or damage
27. Power to call for information
28. Power to make bye-laws
29. Protection from personal liability
30. Power to make regulations
31. Transitional provisions
Act 4, 1988.
An Act to provide for the establishment of a Corporation to be known as Air Botswana for the provision, development, operation and management of air transport services and for matters connected therewith or incidental thereto.
[Date of Commencement: 1st April, 1988]
Preliminary (ss 1-2)
This Act may be cited as the Air Botswana Act.
In this Act, unless the context otherwise requires-
"aerial work" means a service, other than an air transport service, which is performed by means of an aircraft for payment or material advantage and includes any letting out on hire of an aircraft without pilot or crew;
"air transport services" means services for the carriage of passengers or goods which are performed by means of aircraft for payment or material advantage;
"Board" means the Board of Management appointed under section 4;
"Corporation" means the body corporate known as Air Botswana established by section 3;
"financial year" means the year ending on 31st March in each year;
"former airline" means the subsidiary private limited company wholly owned by Air Botswana Holdings (Pty) Limited and incorporated under the name of Air Botswana (Pty) Limited under the Companies Act;
"former owners" means Botswana Development Corporation Limited and its wholly owned subsidiary private company under the name of Air Botswana Holdings (Pty) Limited both of which are incorporated under the Companies Act;
"prescribed" means prescribed by regulations made under section 30.
Establishment, Constitution and Membership of Corporation (ss 3-7)
(1) There is hereby established a Corporation to be known as Air Botswana.
(2) Air Botswana shall be a body corporate capable of suing and being sued in its own name and, subject to the provisions of this Act, of performing such acts as bodies corporate may by law perform.
(1) The governing body of the Corporation shall be a Board of Management consisting of the following members appointed by the Minister-
(a) the Chairman;
(b) the General Manager of the Corporation appointed under section 10, ex officio; and
(c) not less than 5 or more than 7 other persons who in the opinion of the Minister have knowledge and experience likely to contribute to the successful management of the Corporation.
(2) A person shall not be competent to be appointed or to act as a member of the Board if he-
(a) is a member of the National Assembly;
(b) is an employee of the Corporation;
(c) has been declared insolvent or bankrupt under any law in any country and has not been discharged or made a composition with his creditors and has not paid his debts in full; or
(d) has been convicted in any country of an offence involving dishonesty.
(1) Any member of the Board other than the General Manager may resign his membership of the Board by notice in writing addressed to the Minister.
(2) A member of the Board may be removed from membership thereof if-
(a) any circumstances arise, which if he were not a member would cause him to be disqualified for appointment as a member of the Board under section 4(1);
(b) he becomes of unsound mind;
(c) he suspends payment of his debts or compounds with his creditors;
(d) he is absent from 3 consecutive meetings of the Board without such reason as appears to the Minister to be sufficient;
(e) he is sentenced to imprisonment without the option of a fine or is convicted of an offence involving dishonesty;
(f) is guilty of serious misconduct in relation to his duties as Chairman or member of the Board; or
(g) in the case of a person possessed of professional qualifications, he is disqualified or suspended, otherwise than at his own request, from practising his profession in Botswana or in any other country by order of any competent authority made in respec
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