Personal Data Protection Act, No. 9 of 2022 33 (3) The Board shall not appoint any person as the Director-General of the Authority, if such person(a) has been previously found guilty of serious misconduct by a court or tribunal or has been subject to a disciplinary action by a regulatory body; (b) has been previously dismissed from office; or (c) has committed a breach of the provisions of this Act, or regulations, rules or directives made thereunder. (4) The Director-General shall, subject to the general direction and control of the Board, be charged with the direction of the affairs and transactions of the Authority, the exercise, performance and discharge of its powers, duties and functions, and the administration and control of the officers and employees of the Authority. (5) The Board may remove the Director-General appointed under subsection (1), from office having regard to any one of the following reasons:– (a) the likelihood of any confict of interests in carrying out his duties or functions for the Authority; (b) that person becomes of unsound mind or incapable of carrying out his duties or functions; (c) that person is guilty of serious misconduct in relation to his duties or functions; or (d) that person is involved in any activity which may interfere with his independence in discharging his duties or functions or not complied with the general directions of the Board: Provided that, the Board shall grant an opportunity to the Director-General of being heard prior to such removal.