Schedule (Section 46(1))
Constitution, proceedings and Other matters of the society
1. Composition of the Society
(1)The Board shall consist of the following members each of whom shall except in the case of an ex officio member, be a citizen of Malawi—(a)a chairman, who is a member of the Society and has knowledge of and competence in copyright matters, appointed by the Minister;(b)the Secretary for Sports and Culture or his designated representative;(c)the Secretary for Justice or his designated representative; and(d)five persons nominated at the annual general assembly of the Society and appointed by the Minister.(2)A member of the Board, not being a member ex-officio, shall hold office for two years.(3)Upon the appointment to the Board of any member, the Minister shall cause notice of such appointment to be published in the Gazette and shall in such notice specify the current membership of the Board resulting upon such appointment.(4)Members, of the Board shall not by virtue only of their appointment to the Board, be deemed to be officers in the public service.2. Vacation, etc., of members from office
(1)The Minister may require a member of the Board to vacate his office if the Minister is satisfied that the member—(a)has become insolvent or has assigned his estate for the benefit of, or made a composition or other arrangement with his creditors; or(b)has been absent from three consecutive meetings of the Board, of which he has had notice, without the leave of the Chairman of the Board.(c)has been convicted of an offence under this Act;(d)has been convicted within Malawi of a criminal offence, or outside Malawi of an offence by whatever name called which, if committed within Malawi, would have been a criminal offence, and sentenced to imprisonment for a term of six months or more without the option of a fine, whether or not such sentence has been suspended, and has not received a free pardon; or(e)is mentally or physically incapable of efficiently performing his duties as member of the Board.(2)The Minister may suspend from office a member of the Board against whom criminal proceedings have been instituted for an offence in respect of which a sentence of imprisonment for a term of six months or more without the option of a fine may be imposed.(3)A member of the Board may resign his office by notice in writing to the Minister and if the Minister accepts such resignation.3. Filling of vacancies in the Board
(1)On vacation of office by a member of the board, the vacancy shall be filled by a person appointed in accordance with paragraph 1 (a) under which the former member was appointed:Provided that if the remaining period is less than six months (the Minister may decide not to have the vacancy filled until the expiry of the period.(2)If any member of the Board is granted leave of absence by the Board, the Board may if it sees fit, co-opt a person who belongs to (he same profession or calling as the member who has granted leave to fill the vacancy during the absence of the member.4. Co-opted persons
The Board may in its discretion at any time and for any length of time, invite any person, and the Minister may in the like manner nominate any officer in (the public service, to attend any meeting of the Board and take part in the deliberations of the Board, but such person or officer shall not be entitled to vote at that meeting.5. Chairman and Vice-Chairman
(1)The Board shall elect a Vice-Chairman from amongst its members. The Vice-Chairman shall, subject to subparagraph (2) hold office for the duration of his membership in the Board.(2)The office of the Vice-Chairman shall become vacant—(a)if the holder resigns his office by notice in writing to the Board; or(b)if the holder of the office ceases to be a member of the Board;(c)if the Board so determines.(3)Whenever the chairman is absent or is for any reason unable to discharge the functions of his office, the Vice-Chairman shall discharge the functions of the Chairman.6. Meetings of the Board
(1)Subject to subparagraph (2), the Board shall hold ordinary meetings for the dispatch of its business at least four times in each year.(2)An extraordinary meeting of the Board—(a)may be convened by the Chairman at any time;(b)shall be convened by the Chairman within twenty-one days of the receipt by him of a request in writing signed by not less than any three members of the Board and specifying the purpose for which the meeting is to be convened.(3)At any meeting of the Board—(a)the Chairman or, in his absence, the Vice-Chairman, shall preside;(b)in the absence of both the Chairman and the Vice-Chairman the members present and forming the quorum shall elect one of their number to preside; and(c)the quorum shall be formed by any six members.(4)At any meeting the decision of the Board on tiny matter shall be that of the Majority of the members present and voting at that meeting, and in the event of an equably of votes the Chatman or the person presiding shall have a casting vote in addition to his deliberative vote.(5)Subject to this Act, the Board may make standing orders for the regulation of its proceedings and business and may vary, suspend or revoke any such standing orders.7. Remuneration and expenses of members of the Board
Members of the Board shall be paid from the funds of the Board such allowances as the Minister may determine, and in determining the allowances the Minister may make provision for the reimbursement of any reasonable expenses incurred by a member of the Board in connexion with the business of the Board.8. Appointment of Copyright Administrator and other staff
(1)Subject to this paragraph, the Board—(a)shall appoint a Copyright Administrator upon such terms and conditions as may be approved by the Minister;(b)may appoint such other staff as it considers necessary or desirable in the discharge of its duties and upon such terms and conditions as it may determine.(2)The Copyright Administrator, after consultation with the Chairman of the Board may appoint temporary employees at such daily rates of pay, not below the minimum rates otherwise prescribed by written law, as he may consider appropriate and shall, after he has appointed any such employee, report the fact thereof to the Board at its next meeting.(3)The Copyright Administrator shall be the secretary to the Board.(4)Subject to any general, or special directions of the Board, the Copyright Administrator shall be the chief executive officer of the Board and as such he shall be responsible to the Board for the administration and management of its affairs, including the supervision of the other staff of the Board.