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
PART 2 : Powers and
Procedure of Parliament
PART 3 : Summoning,
prorogation and dissolution
PART 4 : Delimitation
of Constituencies
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34. Establishment
of Parliament.
34. There shall be
a Parliament of Jamaica which shall consist of Her
Majesty, a Senate and a House of Representatives.
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35. Senate
35. (1) The Senate
shall consist of twentyone persons who being qualified
for appointment as Senators in accordance with this
Constitution have been so appointed in accordance
with the provisions of this section.
(2) Thirteen Senators
shall be appointed by the GovernorGeneral, acting
in accordance with the advice of the Prime Minister,
by instrument under the Broad Seal.
(3) The remaining eight
Senators shall be appointed by the GovernorGeneral,
acting in accordance with the advice of the Leader
of the Opposition, by instrument under the Broad Seal.
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36. House
of Representatives
36. The House of Representatives
shall consist of persons who, being qualified for
election as members in accordance with the provisions
of this Constitution, have been so elected in the
manner provided by or under any law for the time being
in force in Jamaica and who shall be known as "Members
of Parliament".
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37. Qualifications
and disqualification for electors
37. (1) Subject to
the provisions of subsection (2) of this section a
person shall be qualified to be registered as an elector
for elections to the House of Representatives if,
and shall not be so qualified unless, he is-
(a) a citizen of Jamaica
resident in Jamaica at the date of registration, or
(b) a Commonwealth
citizen (other than a citizen of Jamaica) who is resident
in Jamaica at the date of registration and who has
been so resident for at least twelve months immediately
preceding that date, and has attained the prescribed
age.
(2) No person shall
be qualified to be registered as an elector for elections
to the House of Representatives who-
(a)is under sentence
of death imposed on him by a court in any part of
the Commonwealth, or is serving a sentence of imprisonment
(by whatever name called) of or exceeding six months
imposed on him by such a court or substituted by competent
authority for some other sentence imposed on him by
such a court or is under such a sentence of imprisonment
the execution of which is suspended; or
(b)is disqualified
for such registration by or under any law for the
time being in force in Jamaica because he has been
convicted of any offence connected with the election
of members of the House of Representatives or of any
local authority or body for local purposes; or
(c) is, under any law
for the time being in force in Jamaica, certified
to be insane or otherwise adjudged to be of unsound
mind or detained as a criminal lunatic; or
(d) is disqualified
for such registration by any law for the time being
in force in Jamaica by reason of his holding, or acting
in, any office the functions of which involve responsibility
for, or in connection with the election in the constituency
in which such person would otherwise be entitled to
vote.
(3) In this section-
"the prescribed
age" means-
(a) the age of twentyone
years, or
(b) such other age
being less than the age of twenty-one years but not
less than the age of eighteen years that may from
time to time be prescribed by a special Act; and "a
special Act" means an Act of Parliament the Bill
for which has been passed by both Houses and at the
final vote thereon in each House has been supported
by the votes of a majority of all the members of that
House.
(4) A special Act may
be repealed or amended by another special Act and
in no other manner.
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38. Electoral
law.
38. (1) Any law for
the time being providing for the election of members
of the House of Representatives shall-
(a) contain provisions
designed to ensure that so far as is practicable any
person entitled to vote at an election of members
of the House of Representatives shall have a reasonable
opportunity of so voting; and
(b) contain provisions
relating to the conduct of elections of members of
the House of Representatives, including provisions
relating to the identification of electors, designed
to ensure that as far as is practicable no person
shall vote at an election of a member of the House
of Representatives-
(i) who is not entitled
to vote; or
(ii) when he is not
entitled to vote; or
(iii) where he is not
entitled to vote:
Provided that this
paragraph shall not come into operation until the
first day of January 1964.
(2) No election of
a member of the House of Representatives shall be
called in question on the ground that the law under
which that election was conducted was inconsistent
with this section.
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39. Qualification
for membership of Senate and House of Representatives.
39. Subject to the
provisions of section 40 of this Constitution, any
person, who at the date of his appointment or nomination
for election-
(a) is a Commonwealth
citizen of the age of twenty-one years or upwards;
and
(b) has been ordinarily
resident in Jamaica for the immediately preceding
twelve months, shall be qualified to be appointed
as a Senator or elected as a member of the House of
Representatives and no other person shall be so qualified.
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40. Disqualification
for membership of Senate and House of Representatives.
40. (1) No person shall
be qualified for election as a member of the House
of Representatives who-
(a) is a member of
the Senate;
(b) is disqualified
for election by any law for the time being in force
in Jamaica by reason of his holding, or acting in,
any office the functions of which involve any responsibility
for, or in connection with, the conduct of any election,
or any responsibility for the compilation or revision
of any electoral register.
(2) No person shall
be qualified to be appointed as a Senator or elected
as a member of the House of Representatives who-
(a) is, by virtue of
his own act, under any acknowledgment of allegiance,
obedience or adherence to a foreign Power or State;
(b) holds or is acting
in any public office or the office of Judge of the
Supreme Court or Judge of the Court of Appeal or,
save as is otherwise provided by Parliament, is a
member of a defence force;
(c) is a party to,
or a partner in a firm or a director or manager of
a company which to his knowledge is a party to, any
contract with the Government of Jamaica for or on
account of the public service, and has not-
(i) in the case of
appointment as a Senator, by informing the GovernorGeneral;
or
(ii) in the case of
election as a member of the House of Representatives,
by publishing a notice in the Gazette within one month
before the day of election, previously disclosed the
nature of such contract and his interest or the interest
of such firm or company therein;
(d) subject to the
provisions of subsection (3) of this section, is under
sentence of death imposed on him by a court in any
part of the Commonwealth, or is serving a sentence
of imprisonment (by whatever name called) of or exceeding
six months imposed on him by such a court or substituted
by competent authority for some other sentence imposed
on him by such a court or is under such a sentence
of imprisonment the execution of which is suspended;
(e) has been adjudged
or otherwise declared bankrupt under any law in force
in any part of the Commonwealth and has not been discharged;
(f) is, under any law
for the time being in force in Jamaica, certified
to be insane or otherwise adjudged to be of unsound
mind or detained as a criminal lunatic; or
(g) is disqualified
for membership of the House of Representatives by
or under any law for the time being in force in Jamaica
because he has been convicted of any offence connected
with the election of members of that House or of any
local authority or body for local purposes.
(3) For the purposes
of paragraph (d) of subsection (2) of this section-
(a) where a person
is serving two or more sentences of imprisonment that
are required to be served consecutively he shall,
throughout the whole time during which he so serves,
be regarded as serving a sentence of or exceeding
six months if (but not unless) any one of those sentences
amounts to or exceeds that term; and
(b) no account shall
be taken of a sentence of imprisonment imposed as
an alternative to or in default of the payment of
a fine.
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41.Tenure
of office of Senators and Members of House of Representatives.
41. (1) The seat of
a member of either House shall become vacant-
(a) upon the next dissolution
of Parliament after he has been appointed or elected;
(b) if he resigns his
seat;
(c) if he is absent
from sittings of the House for such period and in
such circumstances as may be prescribed in the Standing
Orders of the House;
(d) if he ceases to
be a Commonwealth citizen or takes any oath or makes
any declaration or acknowledgment of allegiance, obedience
or adherence to any foreign Power or State or does,
concurs in or adopts any act done with the intention
that he shall become a subject or citizen of any foreign
Power or State;
(e) if any circumstances
arise that, if he were not a member of the House,
would cause him to be disqualified for appointment
or election as such by virtue of paragraph (b) or
(g) of subsection (2) of section 40 of this Constitution;
(f) if he becomes a
party to any contract with the Government of Jamaica
for or on account of the public service:
Provided that-
(i) if in the circumstances
it appears to the Senate (in the case of a Senator)
or to the House of Representatives (in the case of
a member of that House) to be just so to do, the Senate,
or the House of Representatives (as the case may be)
may exempt any member from vacating his seat under
the provisions of this paragraph, if that member,
before becoming a party to such contract as aforesaid,
discloses to the Senate or to the House of Representatives
(as the case may be) the nature of such contract and
his interest therein;
(ii) if proceedings
are taken under section 44 of this Constitution to
determine whether a Senator or a member of the House
of Representatives has vacated his seat under the
provisions of this paragraph he shall be declared
by the Court not to have vacated his seat if he establishes
to the satisfaction of the Court that he, acting reasonably,
was not aware that he was or had become a party to
such contract;
(g) if any firm in
which he is a partner, or any company of which he
is a director or manager, becomes a party to any contract
with the Government of Jamaica for or on account of
the public service or if he becomes a partner in a
firm, or a director or manager of a company which
is a party to any such contract:
Provided that-
(i) if in the circumstances
it appears to the Senate (in the case of a Senator)
or to the House of Representatives (in the case of
a member of that House) to be just so to do, the Senate
or the House of Representatives (as the case may be)
may exempt any Senator or member from vacating his
seat under the provisions of this paragraph if that
Senator or member, before or as soon as practicable
after becoming interested in such contract (whether
as a partner in a firm or as director or manager of
a company), discloses to the Senate or to the House
of Representatives (as the case may be) the nature
of such contract and the interest of such firm or
company therein;
(ii) if proceedings
are taken under section 44 of this Constitution to
determine whether a Senator or a member of the House
of Representatives has vacated his seat under the
provisions of this paragraph, he shall be declared
by the Court not to have vacated his seat if he establishes
to the satisfaction of the Court that he, acting reasonably,
was not aware that the firm or company was or had
become a party to such contract.
(2) The seat of a member
of the House of Representatives shall become vacant
if-
(a) he is appointed
as a Senator; or
(b) any circumstances
arise that, if he were not a member of the House of
Representatives, would cause him to be disqualified
for election as such by virtue of paragraph (b) of
subsection (1) of section 40 of this Constitution.
(3) (a) Subject to
the provisions of paragraph (b) of this subsection,
if any member of either House is sentenced by a court
in any part of the Commonwealth to death or to imprisonment
(by whatever name called) for a term of or exceeding
six months, he shall forthwith cease to exercise any
of his functions as a member and his seat in the House
shall become vacant at the expiration of a period
of thirty days thereafter:
Provided that the President
or the Speaker, as the case may be, may at the request
of the member, from time to time extend that period
for further periods of thirty days to enable the member
to pursue any appeal in respect of his conviction
or sentence, so, however, that extensions of time
exceeding in the aggregate three hundred and thirty
days shall not be given without the approval, signified
by resolution, of the House concerned.
(b) If at any time
before the member vacates his seat he is granted a
free pardon or his conviction is set aside or his
sentence is reduced to a term of imprisonment of less
than six months or a punishment other than imprisonment
is substituted, his seat shall not become vacant under
paragraph (a) of this subsection and he may resume
the exercise of his functions as a member.
(c) For the purposes
of this subsection-
(i) where a person
is sentenced to two or more terms of imprisonment
that are required to be served consecutively, account
shall be taken only of any of those terms that amounts
to or exceeds six months; and
(ii) no account shall
be taken of a sentence of imprisonment imposed as
an alternative to or in default of the payment of
a fine.
(4) (a) Subject to
the provisions of paragraph (b) of this subsection,
if any member of either House is adjudged or declared
bankrupt, certified to be insane, adjudged to be of
unsound mind or detained as a criminal lunatic, he
shall forthwith cease to exercise any of his functions
as a member and his seat in the House shall become
vacant at the expiration of a period of thirty days
thereafter:
Provided that the President
or the Speaker, as the case may be, may at the request
of the member, from time to time extend that period
for further periods of thirty days to enable the member
to pursue any appeal in respect of any such adjudication,
certification or detention, so, however, that extensions
of time exceeding in the aggregate one hundred and
eighty days shall not be given without the approval,
signified by resolution, of the House concerned.
(b) If at any time
before the member vacates his seat any such adjudication
or certification is set aside or the detention of
the member as a criminal lunatic is terminated, his
seat shall not become vacant under paragraph (a) of
this subsection and he may resume the exercise of
his functions as a member.
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42. President
and Deputy President of Senate.
42. (1) When the Senate
first meets after any dissolution of Parliament and
before it proceeds to the despatch of any other business,
it shall elect a Senator, not being a Minister or
a Parliamentary Secretary, to be President; and whenever
the office of President is vacant otherwise than by
reason of a dissolution of Parliament, the Senate
shall not later than its second sitting after the
vacancy has arisen, elect any other such Senator to
fill that office.
(2) Upon the President's
being elected and before he enters upon the duties
of his office, he shall (unless he has already done
so in accordance with the provisions of section 62
of this Constitution) make and subscribe before the
Senate the oath of allegiance.
(3) When the Senate
first meets after any dissolution of Parliament, it
shall, as soon as practicable, elect one of its members,
not being a Minister or a Parliamentary Secretary,
to be Deputy President; and whenever the office of
Deputy President becomes vacant, the Senate shall,
as soon as convenient, elect another such member to
fill that office.
(4) A person shall
vacate the office of President or Deputy President-
(a) if he resigns that
office;
(b) if be ceases to
be a member of the Senate:
Provided that if the
President or Deputy President ceases to be a member
by reason of a dissolution of Parliament, he shall
be deemed to continue in office for the purposes of
section 47 of this Constitution until he resigns his
office or vacates it otherwise than by reason of a
dissolution of Parliament or until the office of President
or, as the case may be, of Deputy President is filled;
(c) if, under the provisions
of subsection (3) or subsection (4) of section 41
of this Constitution, he is required to cease to exercise
any of his functions as a member of the Senate;
(d) if he is appointed
to be a Minister or a Parliamentary Secretary; or
(e) in the case of
the Deputy President, if he is elected to be President.
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43. Speaker
and Deputy President of Senate.
43. (1) When the House
of Representatives first meets after any dissolution
of Parliament, and before it proceeds to the despatch
of any other business, it shall elect one of its members,
not being a Minister or a Parliamentary Secretary,
to be Speaker; and whenever the office of Speaker
is vacant otherwise than by reason of a dissolution
of Parliament, the House of Representatives shall,
not later than its second sitting after the vacancy
has arisen, elect another such member to fill that
office.
(2) Upon the Speaker's
being elected and before he enters upon the duties
of his office, he shall (unless he has already done
so in accordance with the provisions of section 62
of this Constitution) make and subscribe before the
House of Representatives the oath of allegiance.
(3) When the House
of Representatives first meets after any dissolution
of Parliament it shall, as soon as practicable, elect
one of its members, not being a Minister or a Parliamentary
Secretary, to be Deputy Speaker; and whenever the
office of Deputy Speaker becomes vacant, the House
of Representatives shall, as soon as convenient, elect
another such member to fill that office.
(4) A person shall
vacate the office of Speaker or Deputy Speaker-
(a) if he resigns that
office;
(b) if he ceases to
be a member of the House of Representatives:
Provided that if the
Speaker or Deputy Speaker ceases to be a member by
reason of a dissolution of Parliament, he shall be
deemed to continue in office for the purposes of section
47 of this Constitution until he resigns his office
or vacates it otherwise than by reason of a dissolution
of Parliament or until the office of Speaker or, as
the case may be, Deputy Speaker is filled;
(c) if, under the provisions
of subsection (3) or subsection (4) of section 41
of this Constitution, he is required to cease to exercise
any of his functions as a member of the House of Representatives;
(d) if he is appointed
to be a Minister or a Parliamentary Secretary; or
(e) in the case of
the Deputy Speaker, if he is elected to be Speaker.
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44. Determination
of questions as to membership
44. (1) Any question
whether-
(a) any person has
been validly elected or appointed as a member of either
House; or
(b) any member of either
House has vacated his seat therein or is required,
under the provisions of subsection (3) or subsection
(4) of section 41 of this Constitution, to cease to
exercise any of his functions as a member, shall be
determined by the Supreme Court or, on appeal, by
the Court of Appeal whose decision shall be final,
in accordance with the provisions of any law for the
time being in force in Jamaica and, subject to any
such law, in accordance with any directions given
in that behalf by the Chief Justice.
(2) Proceedings for
the determination of any question referred to in subsection
(1) of this section may be instituted by any person
(including the AttorneyGeneral) and, where such proceedings
are instituted by a person other than the AttorneyGeneral,
the AttorneyGeneral if he is not a party thereto
may intervene and (if he intervenes) may appear or
be represented therein.
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45. Filling
of vacancies
45. (1) (a) Whenever
the seat of any member of the Senate becomes vacant,
the GovernorGeneral shall, by instrument under the
Broad Seal, appoint to fill the vacancy a person qualified
in accordance with this Constitution for appointment
as a Senator.
(b) In making such
an appointment the GovernorGeneral shall, in any
case where the member whose seat has become vacant-
(i) was appointed on
the advice of the Prime Minister, act in accordance
with the advice of the Prime Minister; and
(ii) was appointed
on the advice of the Leader of the Opposition, act
in accordance with the advice of the Leader of the
Opposition.
(2) Whenever the seat
of any member of the House of Representatives becomes
vacant the vacancy shall be filled by election in
the manner provided by or under any Law for the time
being in force in Jamaica.
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46. Unqualified
persons sitting or voting.
46. (1) Any person
who sits or votes in either House knowing or having
reasonable ground for knowing that he is not entitled
to do so, shall be liable to a penalty of twenty dollars
for each day upon which he so sits or votes.
(2) Any such penalty
shall be recoverable by civil action in the Supreme
Court at the suit of the Attorney-General.
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47. Unqualified
persons sitting or voting.
47. (1) The offices
of Clerk and Deputy Clerk of the Senate are hereby
constituted and appointments to those offices shall
be made by the GovernorGeneral, acting on the recommendation
of the President.
(2) The offices of
Clerk and Deputy Clerk of the House of Representatives
are hereby constituted and appointments to those offices
shall be made by the Governor-General, acting on the
recommendation of the Speaker.
(3) Subject to the
provisions of subsection (5) of this section the Clerk
shall, unless he sooner resigns his office, hold office
until he attains the age of 65 years or such later
age as may, in any particular case, be prescribed
by the Commission appointed under subsection (7) of
this section.
(4) Nothing done by
the Clerk shall be invalid by reason only that he
has attained the age at which he is required by this
section to vacate office.
(5) The Clerk shall
be removed from office by the GovernorGeneral if,
but shall not be so removed unless, the House, by
a resolution which has received the affirmative vote
of not less than twothirds of all the members thereof,
has resolved that he ought to be so removed for inability
to discharge the functions of his office (whether
arising from infirmity of body or mind or any other
cause) or for misbehaviour.
(6) The provisions
of subsections (3), (4) and (5) of this section shall
apply to the Deputy Clerk as they apply to the Clerk.
(7) Subject to the
provisions of subsections (3), (5), (6) and (9) of
this section the terms of service (including salary
and allowances) of the Clerk and Deputy Clerk shall
be determined from time to time by a Commission consisting
of the following persons, that is to say:-
(a) the Speaker, as
Chairman;
(b) the President;
and
(c) the Minister responsible
for finance or a person nominated by that Minister
to represent him at any meeting of the Commission.
(8) The salaries and
allowances of the Clerk and Deputy Clerk shall be
paid out of the Consolidated Fund and no such salary
shall be reduced during the continuance in office
of the person to whom it is payable.
(9) The offices of
Clerk and Deputy Clerk shall, for the purposes of
sections 40, 41,111, 124, 129, 132,133 and 134 of
this Constitution, be deemed to be public offices.
(10) A person who is
a public officer may, without ceasing to hold office
in the public service, be appointed, in accordance
with the provisions of this section, to the office
of Clerk or Deputy Clerk but-
(a) no such appointment
shall be made except with the concurrence of the GovernorGeneral,
acting on the recommendation of the Public Service
Commission;
(b) the provisions
of subsections (3), (5) and (6) of this section shall,
in relation to an officer so appointed, apply, subject
to the provisions of paragraph (d) of this subsection,
as respects his service as Clerk or Deputy Clerk but
not as respects his service as a public officer;
(c) an officer so appointed
shall not, during his continuance in the office of
Clerk or Deputy Clerk, perform the functions of any
public office; and
(d) an officer so appointed
may at any time be appointed by the GovernorGeneral,
acting on the advice of the Public Service Commission,
to assume or resume the functions of a public office
and he shall thereupon vacate his office as Clerk
or Deputy Clerk, but no appointment under this paragraph
shall be made without the concurrence of the President
or the Speaker, as the case may be.
(11) The GovernorGeneral,
acting on the recommendation of the Minister responsible
for finance after that Minister has consulted the
Clerk, may from time to time prescribe, by notice
published in the Gazette, the offices (other than
the office of Deputy Clerk) which are to constitute
the staff of the Clerk and may likewise prescribe
which of those offices are subordinate offices.
(12) Power to make
appointments to any office for the time being prescribed
under subsection (11) of this section as a subordinate
office on the staff of the Clerk and to remove and
to exercise disciplinary control over persons holding
or acting in any such offices is hereby vested in
the Clerk.
(13) Before the Public
Service Commission advises the GovernorGeneral under
subsection (1) of section 125 of this Constitution-
(a) that any person
should be appointed to any office on the staff of
the Clerk (other than the office of Deputy Clerk and
any subordinate office thereon);
(b) that any person
holding or acting in any such office should be appointed
to any other public office; or
(c) that any person
holding or acting in any such office should be removed
or that any penalty should be imposed on him by way
of disciplinary control, the Commission shall consult
the Clerk.
(14) Nothing in this
section shall be construed as preventing -
(a) the appointment
of one person to the offices of Clerk of the Senate
and Clerk of the House of Representatives; or
(b) the appointment
of one person to the offices of Deputy Clerk of the
Senate and Deputy Clerk of the House of Representatives;
or
(c) the appointment
of one person to any other office on the staff of
the Clerk of the Senate and any other office on the
staff of the Clerk of the House of Representatives,
and where any person is so appointed to two offices,
the foregoing provisions of this section shall apply
in relation to him in respect of each such office
separately.
(15) The functions
conferred by this section on the President shall,
if there is no person holding the office of President
or if the President is absent from Jamaica or is otherwise
unable to perform those functions, be performed by
the Deputy President and the functions conferred by
this section on the Speaker shall, if there is no
person holding the office of Speaker or if the Speaker
is absent from Jamaica or is otherwise unable to perform
those functions, be performed by the Deputy Speaker.
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PART 2
: Powers and Procedure of Parliament
48.
Power to make laws
48. (1) Subject to
the provisions of this Constitution, Parliament may
make laws for the peace, order and good government
of Jamaica.
(2) Without prejudice
to the generality of subsection (1) and subject to
the provisions of subsections (3), (4) and (5) of
this section Parliament may by law determine the privileges,
immunities and powers of the two Houses and the members
thereof.
(3) No civil or criminal
proceedings may be instituted against any member of
either House for words spoken before, or written in
a report to, the House of which he is a member or
to a committee thereof or to any joint committee of
both Houses or by reason of any matter or thing brought
by him therein by petition, bill, resolution, motion
or otherwise.
(4) For the duration
of any session of both Houses shall enjoy freedom
from arrest for any civil debt except a debt the contraction
of which constitutes a criminal offence.
(5) No process issued
by any court in the exercise of its civil jurisdiction
shall be served or executed within the precincts of
either House while such House is sitting or through
the President or the Speaker, the Clerk or any officer
of either House.
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49. Alteration
of this Constitution
49. (1) Subject to
the provisions of this section Parliament may by Act
of Parliament passed by both Houses alter any of the
provisions of this Constitution or (in so far as it
forms part of the law of Jamaica) any of the provisions
of the Jamaica Independence Act, 1962.
(2) In so far as it
alters-
(a) sections 13, 14,
15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, subsection
(3) of section 48, sections 66, 67, 82, 83, 84, 85,
86, 87, 88, 89, 90, 91, 94, subsections (2), (3),
(4), (5), (6) or (7) of section 96, sections 97, 98,
99, subsections (3), (4), (5), (6), (7), (8) or (9)
of section 100, sections 101, 103, 104, 105, subsections
(3), (4), (5), (6), (7), (8) or (9) of section 106,
subsections (1), (2), (4), (5), (6), (7), (8), (9)
or (10) of section 111, sections 112, 113, 114, 116,
117, 118, 119, 120, subsections (2), (3), (4), (5),
(6) or (7) of section 121, sections 122, 124, 125,
subsection (1) of section 126, sections 127, 129,
130, 131, 135 or 136 or the Second or Third Schedule
to this Constitution; or
(b) section 1 of this
Constitution in its application to any of the provisions
specified in paragraph (a) of this subsection, a Bill
for an Act of Parliament under this section shall
not be submitted to the GovernorGeneral for his assent
unless a period of three months has elapsed between
the introduction of the Bill into the House of Representatives
and the commencement of the first debate on the whole
text of that Bill in that House and a further period
of three months has elapsed between the conclusion
of that debate and the passing of that Bill by that
House.
(3) In so far as it
alters-
(a) this section;
(b) sections 2, 34,
35, 36, 39, subsection (2) of section 63, subsections
(2), (3) or (5) of section 64, section 65, or subsection
(1) of section 68 of this Constitution;
(c) section 1 of this
Constitution in its application to any of the provisions
specified in paragraph (a) or (b) of this subsection;
or
(d) any of the provisions
of the Jamaica Independence Act, 1962, a Bill for
an Act of Parliament under this section shall not
be submitted to the GovernorGeneral for his assent
unless-
(i) a period of three
months has elapsed between the introduction of the
Bill into the House of Representatives and the commencement
of the first debate on the whole text of that Bill
in that House and a further period of three months
has elapsed between the conclusion of that debate
and the passing of that Bill by that House, and
(ii) subject to the
provisions of subsection (6) of this section, the
Bill, not less than two nor more than six months after
its passage through both Houses, has been submitted
to the electors qualified to vote for the election
of members of the House of Representatives and, on
a vote taken in such manner as Parliament may prescribe,
the majority of the electors voting have approved
the Bill.
(4) A Bill for an Act
of Parliament under this section shall not be deemed
to be passed in either House unless at the final vote
thereon it is supported-
(a) in the case of
a Bill which alters any of the provisions specified
in subsection (2) or subsection (3) of this section
by the votes of not less than two-thirds of all the
members of that House, or
(b) in any other case
by the votes of a majority of all the members of that
House.
(5) If a Bill for an
Act of Parliament which alters any of the provisions
specified in subsection (2) of this section is passed
by the House of Representatives -
(a) twice in the same
session in the manner prescribed by subsection (2)
and paragraph (a) of subsection (4) of this section
and having been sent to the Senate on the first occasion
at least seven months before the end of the session
and on the second occasion at least one month before
the end of the session, is rejected the Senate on
each occasion, or
(b) in two successive
sessions (whether of the same Parliament or not) in
the manner prescribed by subsection (2) and paragraph
(a) of subsection (4) of this section and, having
been sent to the Senate in each of those sessions
at least one month before the end of the session,
the second occasion being at least six months after
the first occasion,is rejected by the Senate in each
of those sessions, that Bill may, not less than two
nor more than six months after its rejection by the
Senate for the second time, be submitted to the electors
qualified to vote for the election of members of the
House of Representatives and, if on a vote taken in
such manner as Parliament may prescribe, threefifths
of the electors voting approve the Bill, the Bill
may be presented to the Governor-General for assent.
(6) If a Bill for an
Act of Parliament which alters any of the provisions
specified in subsection (3) of this section is passed
by the House of Representatives-
(a) twice in the same
session in the manner prescribed by subsection (3)
and paragraph (a) of subsection (4) of this section
and having been sent to the Senate on the first occasion
at least seven months before the end of the session
and on the second occasion at least one month before
the end of the session, is rejected by the Senate
on each occasion, or
(b) in two successive
sessions (whether of the same Parliament or not) in
the manner prescribed by subsection (3) and paragraph
(a) of subsection (4) of this section and, having
been vent to the Senate in each of those sessions
at least one month before the end of the session,
the second occasion being at least six months after
the first occasion, is rejected by the Senate in each
of those sessions, that Bill may, not less than two
nor more than six months after its rejection by the
Senate for the second time, be submitted to the electors
qualified to vote for the election of members of the
House of Representatives and, if on a vote taken in
such manner as Parliament may prescribe, two-thirds
of the electors voting approve the Bill, the Bill
may be presented to the GovernorGeneral for assent.
(7) For the purposes
of subsection (5) and subsection (6) of this section
a Bill shall be deemed to be rejected by the Senate
if-
(a) it is not passed
by the Senate in the manner prescribed by paragraph
(a) of subsection (4) of this section within one month
after it is sent to that House; or
(b) it is passed by
the Senate in the manner so prescribed with any amendment
which is not agreed to by the House of Representatives.
(8) For the purposes
of subsection (5) and subsection (6) of this section
a Bill that is sent to the Senate from the House of
Representatives in any session shall be deemed to
be the same Bill as the former Bill sent to the Senate
in the same or in the preceding session if, when it
is sent to the Senate, it is identical with the former
Bill or contains only such alterations as are specified
by the Speaker to be necessary owing to the time that
has elapsed since the date of the former Bill or to
represent any amendments which have been made by the
Senate in the former Bill.
(9) In this section-
(a) reference to any
of the provisions of this Constitution or the Jamaica
Independence Act, 1962, includes references to any
law that alters that provision; and
(b) "alter"
includes amend, modify, reenact with or without amendment
or modification, make different provision in lieu
of, suspend, repeal or add to.
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50. Special
Acts of Parliament
50. (1) An Act of Parliament
to which this section refers shall not be void to
the extent of any inconsistency with the provisions
of sections 13 to 26 (inclusive) of this Constitution
but shall, notwithstanding such inconsistency, prevail
over those provisions.
(2) An Act of Parliament
to which this section refers is one the Bill for which
has been passed by both Houses and at the final vote
thereon in each House has been supported by the votes
of not less than twothirds of all the members of
that House.
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5l. Regulation
of procedure in Houses of Parliament.
51. (1) Subject to
the provisions of this Constitution, each House may
regulate its own procedure and for this purpose may
make Standing Orders.
(2) Each House may
act notwithstanding any vacancy in its membership
(including any vacancy not filled when the House first
meets on or after the appointed day or after any dissolution
of Parliament) and the presence or participation of
any person not entitled to be present at or to participate
in the proceedings of the House shall not invalidate
those proceedings.
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52. Presiding
in Senate and House of Representatives.
52. (1) The President
or, in his absence, the Deputy President or, if they
are both absent. a member of the Senate (not being
a Minister or a Parliamentary Secretary) elected by
the Senate for that sitting shall preside at each
sitting of the Senate.
(2) The Speaker or,
in his absence, the Deputy Speaker or, if they are
both absent, a member of the House of Representatives
(not being a Minister or a Parliamentary Secretary)
elected by the House of Representatives for that sitting
shall preside at each sitting of the House of Representatives.
(3) References in this
section to circumstances in which the President, Deputy
President, Speaker or Deputy Speaker is absent include
references to circumstances in which the office of
President, Deputy President, Speaker or Deputy Speaker
is vacant.
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53. Quorum.
53. (1) If at any time
during a sitting of either House objection is taken
by a member that there is not a quorum present and,
after such interval as may be prescribed in the Standing
Orders of that House, the person presiding ascertains
that there is still not a quorum present, he shall
thereupon adjourn the House.
(2) For the purposes
of this section-
(a) a quorum of the
Senate shall consist of eight members besides the
person presiding; and
(b) a quorum of the
House of Representatives shall consist of sixteen
members besides the person presiding.
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54. Voting.
54. (1) Save as is
otherwise provided in this Constitution, all questions
proposed for decision in either House shall be determined
by a majority of the votes of the members thereof
present and voting.
(2) The person presiding
in either House shall not vote -
(a) unless on any question
the votes are equally divided, in which case he shall
have and exercise a casting vote; or
(b) except in the case
of the final vote on a Bill for an Act of Parliament
under subsection (3) of section 37 or section 49 of
this Constitution or the final vote on a Bill for
an Act of Parliament to which section 50 of this Constitution
refers in each of which cases he shall have an original
vote.
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55. Introduction
of Bills, etc.
55. (1) Subject to
the provisions of this Constitution and of the Standing
Orders of the House, any member of either House may
introduce any Bill or propose any motion for debate
in or may present any petition to that House, and
the same shall be debated and disposed of according
to the Standing Orders of that House.
(2) A Bill other than
a Money Bill may be introduced in either House, but
a Money Bill shall not be introduced in the Senate.
(3) Except on the recommendation
of the Governor-General signified by a Minister, the
House of Representatives shall not-
(a) proceed upon any
Bill (including any amendment to a Bill) which Bill
or amendment, as the case may be, in the opinion of
the person presiding, makes provision for any of the
following purposes, that is to say, for imposing or
increasing any tax, for imposing or increasing any
charge on the revenues or other funds of Jamaica or
for altering any such charge otherwise than by reducing
it, or for compounding or remitting any debt due to
Jamaica;
(b) proceed upon any
motion (including any amendment to a motion) the effect
of which motion or amendment, as the case may be,
in the opinion of the person presiding, is that provision
should be made for any of the purposes aforesaid;
or
(c) receive any petition
which, in the opinion of the person presiding, requests
that provision be made for any of the purposes aforesaid.
(4) The Senate shall
not-
(a) proceed upon any
Bill, other than a Bill sent from the House of Representatives,
or upon any amendment to a Bill, which Bill or amendment,
as the case may be, in the opinion of person presiding,
makes provision for any of the following purposes,
that is to say, for imposing or altering any existing
or proposed tax, for imposing or altering any existing
or proposed charge on the revenues or other funds
of Jamaica, or for compounding or remitting any debt
due to Jamaica;
(b) proceed upon any
motion (including any amendment to a motion) the effect
of which motion or amendment, as the case may be,
in the opinion of the person presiding, is that provision
should be made for any of the purposes aforesaid;
or
(c) receive any petition
which, in the opinion of the person presiding, requests
that provision be made for any of the purposes aforesaid.
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56. Restriction
on powers of Senate as to Money Bills.
56. (1) Subject to
the provisions of this Constitution, if a Money Bill,
having been passed by the House of Representatives
and sent to the Senate at least one month before the
end of the session, is not passed by the Senate without
amendment within one month after it is sent to that
House, the Bill shall, unless the House of Representatives
otherwise resolves, be presented to the Governor-General
for his assent notwithstanding that the Senate has
not consented to the Bill.
(2) There shall be
endorsed on every Money Bill when it is sent to the
Senate the certificate of the Speaker signed by him
that it is a Money Bill; and there shall be endorsed
on any Money Bill that is presented to the Governor-General
for assent in pursuance of subsection (1) of this
section the certificate of the Speaker signed by him
that it is a Money Bill and that the provisions of
that subsection have been complied with.
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57. Restriction
on powers of Senate as to Bills other than Money Bills
and certain other Bills.
57. (1) Subject to
the provisions of this Constitution, if any Bill other
than a Money Bill is passed by the House of Representatives-
(a) twice in the same
session and, having been sent to the Senate on the
first occasion at least seven months before the end
of the session and on the second occasion at least
one month before the end of the session, is rejected
by the Senate on each occasion, or
(b) in two successive
sessions (whether of the same Parliament or not) and,
having been sent to the Senate in each of those sessions
at least one month before the end of the session,
the second occasion being at least six months after
the first occasion, is rejected by the Senate in each
of those sessions, that Bill shall, on its rejection
for the second time by the Senate, unless the House
of Representatives otherwise resolves, be presented
to the GovernorGeneral for assent notwithstanding
that the Senate has not consented to the Bill.
(2) For the purposes
of this section a Bill that is sent to the Senate
from the House of Representatives in any session shall
be deemed to be the same Bill as a former Bill sent
to the Senate in the same or in the preceding session
if, when it is sent to the Senate, it is identical
with the former Bill or contains only such alterations
as are certified by the Speaker to be necessary owing
to the time that has elapsed since the date of the
former Bill or to represent any amendments which have
been made by the Senate in the former Bill.
(3) The House of Representatives
may, if it thinks fit, on the passage through that
House of a Bill that is deemed to be the same Bill
as a former Bill sent to the Senate in the same or
in the preceding session, suggest any amendments without
inserting the amendments in the Bill, and any such
amendments shall be considered by the Senate, and,
if agreed to by the Senate, shall be treated as amendments
made by the Senate and agreed to by the House of Representatives;
but the exercise of this power by the House of Representatives
shall not affect the operation of this section in
the event of the rejection of the Bill in the Senate.
(4) There shall be
inserted in any Bill that is presented to the GovernorGeneral
for assent in pursuance of this section any amendments
that are certified by the Speaker to have been made
in the Bill by the Senate and agreed to by the House
of Representatives.
(5) There shall be
endorsed on any Bill that is presented to the GovernorGeneral
for assent in pursuance of this section the certificate
of the Speaker signed by him that the provisions of
this section have been complied with.
(6) The provisions
of this section shall not apply to a Bill which is
required by this Constitution to be passed by both
Houses.
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58. Provisions
relating to sections 55, 56 and 57.
58. (1) In sections
55, 56 and 57 of this Constitution "Money Bill"
means a public Bill which, in the opinion of the Speaker,
contains only provisions dealing with all or any of
the following matters, namely, the imposition, repeal,
remission, alteration or regulation of taxation; the
imposition, for the payment of debt or other financial
purposes, of charges on the Consolidated Fund or any
other public funds or on monies provided by Parliament,
or the variation or repeal of any such charges; the
grant of money to the Crown or to any authority or
person, or the variation or revocation of any such
grant; the appropriation, receipt, custody, investment,
issue or audit of accounts of public money; the raising
or guarantee of any loan or the repayment thereof,
or the establishment, alteration, administration or
abolition of any sinking fund provided in connection
with any such loan; or subordiate matters incidental
to any of the matters aforesaid; and in this subsection
the expressions "taxation", "debt",
"public fund", "public money"
and "loan" do not include any taxation imposed,
debt incurred, fund or money provided or loan raised
by any local authority or body for local purposes.
(2) For the purposes
of section 57 of this Constitution, a Bill shall be
deemed to be rejected by the Senate if-
(a) it is not passed
by the Senate without amendment within one month after
it is sent to that House; or
(b) it is passed by
the Senate with any amendment which is not agreed
to by the House of Representatives.
(3) Where the office
of Speaker is vacant or the Speaker is for any reason
unable to perform any function conferred upon him
by subsection (1) of this section or by section 56
or 57 of this Constitution, that function may be performed
by the Deputy Speaker.
(4) Any certificate
of the Speaker or Deputy Speaker given under section
56 or 57 of this Constitution shall be conclusive
for all purposes and shall not be questioned in any
court.
(5) Before giving any
such certificate the Speaker or Deputy Speaker, as
the case may be, shall, if practicable, consult the
AttorneyGeneral.
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59. Restriction
on powers of Senate as to certain statutory instruments.
59. (1) Any statutory
instrument to which this section applies and which,
having been laid before the Senate-
(a) in any session
at least seven months before the end of the session,
is not approved by the Senate shall, if it is again
laid before the Senate at least one month before the
end of that session, or
(b) in any session
at least one month before the end of the session,
is not approved by the Senate in that session shall,
if it is again laid before the Senate at least one
month before the end of the next succeeding session
(whether of the same Parliament or not), but not earlier
than six months after it was laid for the first time,
be deemed to have been approved by the Senate at the
end of the session in which it was laid for the second
time if it has not earlier been so approved.
(2) In this section
"statutory instrument" means any document
by which the GovernorGeneral, the Governor of the
former Colony of Jamaica, a Minister or any other
executive authority has exercised a power to make,
confirm or approve orders, rules, regulations or other
subordinate legislation, being a power conferred by
any law enacted (whether before or after the appointed
day) by any legislature in Jamaica, and the statutory
instruments to which this section applies are all
statutory instruments in respect of which it is provided
(in whatever terms) that they may not come into force
until approved by the Senate.
(3) For the purposes
of this section a statutory instrument that is laid
before the Senate in any session shall be deemed to
be the same statutory instrument as a former statutory
instrument laid before the Senate, in the same or
in the preceding session if, when it is laid before
the Senate, it is identical with the former statutory
instrument or contains only such alterations as are
certified by the President to be necessary owing to
the time that has elapsed since the date of the former
statutory instrument.
(4) Where the office
of President is vacant or the President is for any
reason unable to perform the function conferred upon
him by subsection (3) of this section that function
may be performed by the Deputy President.
(5) Any certificate
of the President or Deputy President given under subsection
(3) of this section shall be conclusive for all purposes
and shall not be questioned in any court.
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60. Assent
to Bills.
60. (1) A Bill shall
not become law until the Governor-General has assented
thereto in Her Majesty's name and on Her Majesty's
behalf and has signed it in token of such assent.
(2) Subject to the
provisions of sections 37, 49, 50, 56 and 57 of this
Constitution, a Bill shall be presented to the GovernorGeneral
for assent if, and shall not be so presented unless,
it has been approved by both Houses of Parliament
either without amendment or with such amendments only
as are agreed to by both Houses.
(3) When a Bill is
presented to the Governor-General for assent he shall
signify that he assents or that he withholds assent.
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61. Words
of enactment
61. (1) In every Bill
presented to the GovernorGeneral for assent, other
than a Bill for a special Act as defined in subsection
(3) of section 37 of this Constitution or a Bill presented
under section 49, 56 or 57 of this Constitution or
a Bill for an Act to which section 50 of this Constitution
refers, the words of enactment shall be as follows:-
"Be it enacted
by The Queen's Most Excellent Majesty, by and with
the advice and consent of the Senate and House of
Representatives of Jamaica, and by the authority of
the same, as follows:-".
(2) In every Bill for
a special Act as defined in subsection (3) of section
37 of this Constitution presented to the GovernorGeneral
for assent the words of enactment shall be as follows:-
"Be it enacted
by The Queen's Most Excellent Majesty, by and with
the advice and consent of the Senate and the House
of Representatives of Jamaica in accordance with the
provisions of subsection (3) of section 37 of the
Constitution of Jamaica, and by the authority of the
same, as follows:-".
(3) In every Bill presented
to the GovernorGeneral for assent under section 49
of this Constitution, the words of enactment shall
be as follows:-
"Be it enacted
by The Queen's Most Excellent Majesty, by and with
the advice and consent of the Senate and the House
of Representatives of Jamaica (or of the House of
Representatives of Jamaica, as the case may be) in
accordance with the provisions of section 49 of the
Constitution of Jamaica, and by the authority of the
same, as follows:-".
(4) In every Bill for
an Act to which section 50 of this Constitution refers
presented to the GovernorGeneral for assent the words
of enactment shall be as follows:
"Be it enacted
by The Queen's Most Excellent Majesty, by and with
the advice and consent of the Senate and the House
of Representatives of Jamaica in accordance with the
provisions of section 50 of the Constitution of Jamaica,
and by the authority of the same, as follows:-".
(5) In every Bill presented
to the GovernorGeneral for assent under sections
56 and 57 of this Constitution, the words of enactment
shall be as follows:-
"Be it enacted
by The Queen's Most Excellent Majesty, by and with
the advice and consent of the House of Representatives
of Jamaica in accordance with the provisions of section
56 (or section 57, as the case may be) of the Constitution
of Jamaica, and by the authority of the same, as follows:-".
(6) Any alteration
of the words of enactment of a Bill made in consequence
of the provisions of subsection (3) or subsection
(5) of this section shall be deemed not to be an amendment
of the Bill.
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62. Oath
of allegiance
62.No member of either
House shall take part in the proceedings thereof (other
than proceedings necessary for the purpose of this
section) until he has made and subscribed before that
House the oath of allegiance:
Provided that the election
of a President or a Speaker (as the case may be) may
take place before the members of the House have made
and subscribed such oath.
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PART 3
: Summoning, prorogation and dissolution
63. Sessions of Parliament.
63. (1) Each session
of Parliament shall be held at such place within Jamaica
and shall commence at such time as the GovernorGeneral
may by Proclamation published in the Gazette appoint.
(2) Sessions shall
be held at such times so that a period of six months
shall not intervene between the last sitting of Parliament
in one session and the first sitting thereof in the
next session.
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64. Prorogation
and dissolution of Parliament.
64. (1) The GovernorGeneral
may at any time by Proclamation published in the Gazette
prorogue or dissolve Parliament.
(2) Subject to the
provisions of subsection (3) of this section, Parliament,
unless sooner dissolved, shall continue for five years
from the date of its first sitting after any dissolution
and shall then stand dissolved.
(3) At any time when
Jamaica is at war, Parliament may from time to time
extend the period of five years specified in subsection
(2) of this section for not more than twelve months
at a time:
Provided that the life
of Parliament shall not be extended under this subsection
for more than two years.
(4) If, between a dissolution
of Parliament and the next ensuing general election
of members to the House of Representatives, an emergency
arises of such a nature that, in the opinion of the
Prime Minister, it is necessary for the two Houses
or either of them to be summoned before that general
election can be held, the GovernorGeneral may, by
Proclamation published in the Gazette, summon the
two Houses of the preceding Parliament and that Parliament
shall thereupon be deemed (except for the purposes
of section 65 of this Constitution) not to have been
dissolved but shall be deemed (except as aforesaid)
to be dissolved on the date on which the polls are
