|
JAMAICA
(CONSTITUTION) ORDER IN COUNCIL, 1962
ARRANGEMENT
OF SECTIONS
Amended
by: Acts 15 of 1971 | 36 of 1975 | 1 of 1977 | 16 of
1986 | 15 of 1990 | 6 of 1993 | 4 of 1994
135. Powers
and procedure of Commissions.
135. (1) In relation to any Commission established by
this Constitution, the GovernorGeneral, acting in accordance
with the advice of the Commission, may by regulation
or otherwise regulate its procedure and, subject to
the consent of the Prime Minister or such other Minister
as may be authorised in that behalf by the Prime Minister,
confer powers and impose duties on any public officer
or any authority of the Government of Jamaica for the
purpose of the discharge of the functions of the Commission.
(2) At any meeting of
any Commission established by this Constitution a quorum
shall be constituted if three members are present. If
a quorum is present the Commission shall not be disqualified
for the transaction of business by reason of any vacancy
among its members and any proceedings of the Commission
shall be valid notwithstanding that some person who
was not entitled so to do took part therein.
(3) Any question proposed
for decision at any meeting of any Commission established
by this Constitution shall be determined by a majority
of the votes of the members thereof present and voting,
and if on any such question the votes are equally divided
the member presiding shall have and exercise a casting
vote.
Back
to Top
136. Protection
of Commissions, etc. from legal proceedings
136. The question whether-
(a) any Commission established
by this Constitution has validly performed any function
vested in it by or under this Constitution;
(b) any member of such
a Commission or any other person or authority has validly
performed any function delegated to such member, person
or authority in pursuance of the provisions of section
113 or, as the case may be, of section 127 or of section
131 of this Constitution; or
(c ) any member of such
a Commission or any other person or authority has validly
performed any other function in relation to the work
of the Commission or in relation to any such function
as is referred to in paragraph (b)of this section,
shall not be enquired
into in any court.
Back
to Top
137. Resignations.
137. (1) Any person who
is appointed, elected or otherwise selected to any office
established by this Constitution (including the office
of Prime Minister or other Minister or Parliamentary
Secretary) may resign from that office by writing under
his hand addressed to the person or authority by whom
he was appointed, elected or selected:
Provided that in the
case of-
(a) a person who holds
office as President or Deputy President of the Senate
his resignation from that office shall be addressed
to the Senate;
(b) a person who holds
office as Speaker or Deputy Speaker his resignation
from that office shall be addressed to the House of
Representatives;
(c) a member of the House
of Representatives his resignation from the House shall
be addressed to the Speaker.
(2) The resignation of
any person from any such office as aforesaid shall take
effect when the writing signifying the resignation is
received by the person or authority to whom it is addressed
or any person authorised by that person or authority
to whom it is addressed or by this Constitution to receive
it.
(3) A resignation that
is required to be addressed to the President or Speaker
shall, if the office of President or Speaker (as the
case may be) is vacant, or the President or Speaker
is absent from Jamaica, be received by the Deputy President
or Deputy Speaker on behalf of the President or Speaker.
Back
to Top
138. Reappointments,
etc.
138. (1) Where any person
has vacated any office established by this Constitution
(including the office of Prime Minister or other Minister
or Parliamentary Secretary) he may, if qualified, again
be appointed, elected or otherwise selected to hold
that office in accordance with the provisions of this
Constitution.
(2) Without prejudice
to the provisions of subsection (3) of this section,
when the holder of any office constituted by or under
this Constitution is on leave of absence pending relinquishment
of that office, the person or authority having power
to make appointments to that office may appoint another
person thereto.
(3) Where two or more
persons are holding the same office by reason of an
appointment made pursuant to subsection (2) of this
section, the person last appointed shall, in respect
of any function conferred on the holder of that office,
be deemed to be the sole holder of that office.
Back
to Top
FIRST
SCHEDULE : Oaths
I ______________________________________________________,
do swear that I will be faithful and bear true allegiance
to Her Majesty Queen Elizabeth II, Her Heirs and Successors,
according to law. So help me God.
Oath for the due execution
of the office of GovernorGeneral.
I ______________________________________ ,do swear that
I will well and truly serve Her Majesty Queen Elizabeth
II, Her Heirs and Successors, in the office of GovernorGeneral.
So help me God.
Oath for
the due execution of the office of Prime Minister
or other
Minister or Parliamentary Secretary.
I ___________________________________________,
being appointed
Prime Minister/Minister/Parliamentary
Secretary, do swear that I will to the best of my judgment,
at all times when so required, freely give my counsel
and advice to the GovernorGeneral (or any other person
for the time being lawfully performing the functions
of that office) for the good management of the public
affairs of Jamaica, and I do further swear that I will
not on any account, at any time whatsoever, disclose
the counsel, advice, opinion or vote of any particular
Minister or Parliamentary Secretary and that I will
not, except with the authority of the Cabinet and to
such extent as may be required for the good management
of the affairs of Jamaica, directly or indirectly reveal
the business or proceedings of the Cabinet or the nature
or contents of any documents communicated to me as a
Minister/Parliamentary Secretary or any matter coming
to my knowledge in my capacity as such and that in all
things I will be a true and faithful Prime Minister/Minister/Parliamentary
Secretary.
So help me God.
Judicial
Oath.
I ________________________________________________________,
do swear that I will
well and truly serve
Our Sovereign Lady Queen Elizabeth II, Her Heirs and
Successors, in the office of and I will do right
to all manner of people
after the laws and usages of Jamaica without fear or
favour, affection or ill will. So help me God.
Back
to Top
SECOND
SCHEDULE : Number and Boundaries of Constituencies.
1. The number of constituencies
shall be such as will most conveniently permit the application
of paragraphs 2 to 5 (inclusive) of this Schedule.
2. (1) The boundary of
a constituency shall not cross the boundary of a Parish
as delimited by the Counties and Parishes Act or by
any law amending or replacing that law.
(2) There shall be at
least two constituencies in each such parish.
3. Subject to the provisions
of paragraphs 2 and 4 of this Schedule, the boundaries
of each constituency shall be such that the number of
the electorate thereof is as nearly equal to the electorate
quota as is reasonably practicable.
4. The electorate of
a constituency may be greater or less than the electorate
quota in order to take account of-
(a) the varying physical
features and transportation facilities within Jamaica;
and
(b) the difference between
urban and rural areas in respect of density of population:
Provided that, subject
to the provisions of paragraph 2 of this Schedule, the
electorate of a constituency shall not-
(i) exceed the electorate
quota by more than fifty per centum; or
(ii) be less than sixtysix
and twothirds per centum of the electorate quota.
5. For the purposes of
this Schedule-
(a) the electorate of
a constituency means the number of persons whose names
appear on the official lists of electors for the area
comprised in that constituency in force on the enumeration
date under the law for the time being regulating the
conduct of elections;
(b) the "enumeration
date" means, in relation to any report of the Standing
Committee, the date on which the notice with respect
to that report is punished in accordance with sub. section
(7) of section 67 of this Constitution; and
(c) the "electorate
quota" means the number obtained by dividing the
total of the electorate of all the constituencies by
the number of constituencies into which the Standing
Committee recommends Jamaica should be divided.
Back
to Top
THIRD
SCHEDULE : Provisions Relating to Applicability of the
Commissions of Enquiry Act to Tribunals Appointed under
this Constitution
1. The following provisions
of the Act shall not apply, that is to say:-
(a) section 2-whole section;
(b) section 3-so much
of the section as follows the words "in his place";
(c) section 5-whole section;
(d) section 7-the words
"after taking such oath or affirmation";
(e) section 15-whole
section.
2. In section 13 there
shall be substituted for the words "Such sums,
so directed to be paid, shall be paid by the AccountantGeneral
out of the ordinary cash balance in the Treasury",
the words "Such sums so directed to be paid, shall
be charged on and paid out of the Consolidated Fund".
3. All powers and duties
conferred or imposed on the Governor-General under the
Act shall be exercised or performed by him acting in
each case in the manner prescribed by this Constitution.
Back
to Top
EXPLANATORY
NOTE
(This
Note is not part of the Order, but is intended to indicate
its general
purport).
By virtue of the Jamaica
Independence Act, 1962 Jamaica will attain fully responsible
status within the Commonwealth on the 6th August, 1962.
This Order makes provision for a new Constitution for
Jamaica with effect from that date, including provision
for the executive government, the legislature, the judicature
and the public service. The Constitution also contains
provision relating to citizenship of Jamaica and fundamental
rights and freedoms of the individual.
Back
to Top
|
