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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
27. Establishment
of office of GovernorGeneral
27. There shall be a
GovernorGeneral of Jamaica who shall be appointed by
Her Majesty and shall hold office during Her Majesty's
pleasure and who shall be Her Majesty's representative
in Jamaica.
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28. Oaths
to be taken by GovernorGeneral.
28. A person appointed
to the office of Governor-General shall, before entering
upon the duties of that office, take and subscribe the
oaths of allegiance and for the due execution of the
office of GovernorGeneral in the forms set out in the
First Schedule to this Constitution.
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29. Acting
GovernorGeneral.
29. (1) Whenever the
office of GovernorGeneral is vacant or the holder of
the office is absent from Jamaica or is for any other
reason unable to perform the functions of his office,
those functions shall be performed by such person as
Her Majesty may appoint or, if there is no such person
in Jamaica so appointed and able to perform those functions,
by the Chief Justice of Jamaica.
(2) Before assuming the
functions of the office of GovernorGeneral any such
person as aforesaid shall take and subscribe the oaths
directed by section 28 of this Constitution to be taken
and subscribed by the Governor-General.
(3) The GovernorGeneral
shall not, for the purposes of this section, be regarded
as absent from Jamaica or as unable to perform the functions
of the office of GovernorGeneral-
(a) by reason only that
he is in passage from one part of Jamaica to another;
or
(b) at any time when
there is a subsisting appointment of a deputy under
section 30 of this Constitution.
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30. Deputy
to GovernorGeneral.
30. (1) Whenever the
GovernorGeneral-
(a) has occasion to be
absent from the seat of Government but not from Jamaica,
or
(b) has occasion to be
absent from Jamaica for a period which he has reason
to believe will be of short duration: or
(c) is suffering from
an illness that he has reason to believe will be of
short duration, he may, on the advice of the Prime Minister,
by instrument under the Broad Seal, appoint any person
in Jamaica to be his deputy during such absence or illness,
and in that capacity to perform on his behalf such of
the functions of the office of GovernorGeneral as may
be specified in that instrument.
(2) The power and authority
of the Governor-General shall not be abridged, altered
or in any way affected by the appointment of a deputy
under this section, and a deputy shall conform to and
observe all instructions that the GovernorGeneral may
from time to time address to him:
Provided that the question
whether or not a deputy has conformed to or observed
any such instructions shall not be enquired into in
any court.
(3) A person appointed
as a deputy under this section shall hold that appointment
for such period as may be specified in the instrument
by which he is appointed, and his appointment may be
revoked at any time by the GovernorGeneral acting on
the advice of the Prime Minister.
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31. Personal
staff of GovernorGeneral.
31. (1) Parliament may
from time to time prescribe the offices that are to
constitute the personal staff of the GovernorGeneral,
the salaries and allowances that are to be paid to the
members of that staff and the other sums that are to
be paid in respect of the expenditure attaching to the
office of GovernorGeneral.
(2) Any salaries or other
sums prescribed under subsection (1) of this section
shall be charged on and paid out of the Consolidated
Fund.
(3) Subject to the provisions
of subsection (4) of this section, the power to make
appointments to the offices for the time being prescribed
under subsection (1) of this section as offices that
are to constitute the personal staff of the GovernorGeneral,
and to remove and to exercise disciplinary control over
persons holding or acting in any such offices, shall
vest in the GovernorGeneral acting in his discretion.
(4) The GovernorGeneral
acting in his discretion, may appoint to any of the
offices prescribed under subsection (1) of this section
such public officers as he may select from a list submitted
by the Public Service Commission, but-
(a) the provisions of
subsection (3) of this section shall apply in relation
to an officer so appointed as respects his service on
the personal staff of the GovernorGeneral but not as
respects his service as a public officer;
(b) an officer so appointed
shall not, during his continuance on the personal staff
of the Governor-General, perform the functions of any
public office; and
(c) an officer so appointed
may at any time be appointed by the GovernorGeneral,
if the Public Service Commission so recommend, to assume
or resume the functions of a public office and he shall
thereupon vacate his office on the personal staff of
the GovernorGeneral, but the Governor-General may,
in his discretion, decline to release the officer for
that appointment.
(5) All offices prescribed
under subsection (1) of this section as offices that
are to constitute the personal staff of the GovernorGeneral
shall, for the purposes of sections 40, 41, 111, 124,
129, 132, 133 and 134 of this Constitution be deemed
to the public offices.
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32. Exercise
of GovernorGeneral's functions
32.(1) The GovernorGeneral
shall act in accordance with the advice of the Cabinet
or a Minister acting under the general authority of
the Cabinet in the exercise of his functions other than-
(a) any function which
is expressed (in whatever terms) to be exercisable by
him on or in accordance with the recommendation or advice
of, or with the concurrence of, or after consultation
with, any person or authority other than the Cabinet;
and
(b) any function which
is expressed (in whatever terms) to be exercisable by
him in his discretion.
(2) Where the GovernorGeneral
is directed to exercise any function on the recommendation
of any person or authority, he shall exercise that function
in accordance with such recommendation:
Provided that-
(a) before he acts in
accordance therewith, he may, in his discretion, once
refer that recommendation back for reconsideration by
the person or authority concerned; and
(b) if that person or
authority, having reconsidered the original recommendation
under the preceding paragraph, substitutes therefor
a different recommendation, the provisions of this subsection
shall apply to that different recommendation as they
apply to the original recommendation.
(3) Where the GovernorGeneral
is directed to exercise any function after consultation
with any person or authority he shall not be obliged
to exercise that function in accordance with the advice
of that person or authority.
(4) Where the GovernorGeneral
is directed to exercise any function in accordance with
the recommendation or advice of, or with the concurrence
of, or after consultation with, or on the representation
of, any person or authority, the question whether he
has so exercised that function shall not be enquired
into in any court.
(5) Where the GovernorGeneral
is directed to exercise any function on the recommendation
of the Prime Minister after consultation with the Leader
of the Opposition the following steps shall be taken:-
(a) the Prime Minister
shall first consult the Leader of the Opposition and
thereafter tender his recommendation to the GovernorGeneral;
(b) the GovernorGeneral
shall then inform the Leader of the Opposition of this
recommendation and if the Leader of the Opposition concurs
therein the GovernorGeneral shall act in accordance
with such recommendation;
(c) if the Leader of
the Opposition does not concur in the recommendation
the GovernorGeneral shall so inform the Prime Minister
and refer the recommendation back to him;
(d) the Prime Minister
shall then advise the Governor-General and the GovernorGeneral
shall act in accordance with that advice.
(6) Any reference in
this Constitution to the functions of the GovernorGeneral
shall be construed as a reference to his powers and
duties in the exercise of the executive authority of
Jamaica and to any other powers and duties conferred
or imposed on him as GovernorGeneral by or under this
Constitution or any other law.
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33. Broad
Seal
33. The GovernorGeneral
shall keep and use the Broad Seal for sealing all things
whatsoever that shall pass under the said Seal.
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