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
114.
Consolidated Fund.
114. There shall be
in and for Jamaica a Consolidated Fund, into which,
subject to the provisions of any law for the time
being in force in Jamaica, shall be paid all revenues
of Jamaica.
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115.
Estimates.
115. (1) The Minister
responsible for finance shall, before the end of each
financial year, cause to be prepared annual estimates
of revenue and expenditure for public services during
the succeeding financial year, which shall be laid
before the House of Representatives.
(2) The estimates of
expenditure shall show separately the sums required
to meet statutory expenditure (as defined in subsection
(4) of section 116 of this Constitution) and the sums
required to meet other expenditure proposed to be
paid out of the Consolidated Fund.
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116.
Authorisation of Expenditure.
116. (1) The Minister
responsible for finance shall, in respect of each
financial year, at the earliest convenient moment,
introduce in the House of Representatives an Appropriation
Bill containing, under appropriate heads for the several
services required, the estimated aggregate sums which
are proposed to be expended (otherwise than by way
of statutory expenditure) during that financial year.
(2) Whenever-
(a) any monies are
expended or are likely to be expended in any financial
year on any services which are in excess of the sum
provided for that service by the Appropriation law
relating to that year; or
(b) any monies are
expended or are likely to be expended (otherwise than
by way of statutory expenditure) in any financial
year upon any new service not provided for by the
Appropriation law relating to that year, statements
of excess or, as the case may be, supplementary estimates
shall be prepared by the Minister responsible for
finance and shall be laid before and voted on by the
House of Representatives; in respect of all supplementary
expenditure so voted the Minister responsible for
finance may, at any time before the end of the financial
year, introduce into the House of Representatives
a Supplementary Appropriation Bill containing, under
appropriate heads, the estimated aggregate sums so
voted, and shall, as soon as possible after the end
of each financial year, introduce into the House of
Representatives a final Appropriation Bill containing
any such sums which have not yet been included in
any Appropriation Bill.
(3) That part of any
estimate of expenditure laid before the House of Representatives
which shows statutory expenditure shall not be voted
on by the House of Representatives, and such expenditure
shall, without further authority of Parliament, be
paid out of the Consolidated Fund.
(4) For the purposes
of this section and section 115 of this Constitution,
"statutory expenditure" means-
(a) expenditure charged
on the Consolidated Fund or on the general revenue
and assets of Jamaica by virtue of any of the provisions
of this Constitution or by virtue of the provisions
of any other law for the time being in force; and
(b) the interest on
the public debt, sinking fund payments, redemption
monies, and the costs, charges and expenses incidental
to the management of the public debt.
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117.
Meeting expenditure from Consolidated Fund.
117. (1) No sum shall
be paid out of the Consolidated Fund except upon the
authority of a warrant under the hand of the Minister
responsible for finance.
(2) Subject to the
provisions of subsections (3) and (4) of this section
and section 118 of this Constitution, no such warrant
shall be issued except in respect of sums granted
for the specified public services by the Appropriation
law for the financial year in respect of which the
withdrawal is to take place or for service otherwise
lawfully charged on the Consolidated Fund.
(3) The House of Representatives
may, by resolution approving estimates containing
a vote on account, authorise expenditure for part
of any financial year before the passing of the Appropriation
law for that year, but the aggregate sums so voted
shall be included, under the appropriate heads, in
the Appropriation Bill for that year.
(4) Where at any time
Parliament has been dissolved before any provision
or any sufficient provision is made under this Chapter
of this Constitution for the carrying on of the government
of Jamaica, the Minister responsible for finance may
issue a warrant for the payment out of the Consolidated
Fund of such sums as he may consider necessary for
the continuance of the public services until the expiry
of a period of three months commencing with the date
on which the House of Representatives first meets
after that dissolution, but a statement of the sums
so authorised shall, as soon as practicable, be laid
before and voted on by the House of Representatives
and the aggregate sums so voted shall be included,
under the appropriate heads, in the next Appropriation
Bill.
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118.
Contingencies Fund.
118. (1) Any law for
the time being in force may create or authorise the
creation of a Contingencies Fund and may authorise
the Minister responsible for finance to make advances
from that Fund if he is satisfied that there is an
unforeseen need for expenditure for which no provision
or no sufficient provision has been made by an Appropriation
law.
(2) Where any advance
is made by virtue of an authorisation conferred under
subsection (1) of this section, a supplementary estimate
of the sum required to replace the amount so advanced
shall, as soon as practicable, be laid before and
voted on by the House of Representatives and the sum
so voted shall be included in a Supplementary Appropriation
Bill or a Final Appropriation Bill.
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119.
Public Debt.
119. (1) The public
debt of Jamaica is hereby charged on the Consolidated
Fund.
(2) In this section
references to the public debt of Jamaica include references
to the interest on that debt, sinking fund payments
and redemption monies in respect of that debt and
the costs, charges and expenses incidental to the
management of that debt.
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120.
AuditorGeneral.
120. (1) There shall
be in and for Jamaica an Auditor-General who shall
be appointed by the GovernorGeneral by instrument
under the Broad Seal.
(2) If the office of
AuditorGeneral is vacant or the AuditorGeneral is
for any reason unable to perform the functions of
his office, the GovernorGeneral may appoint a person
to act as AuditorGeneral and any person so appointed
shall, subject to the provisions of subsection (1)
of section 121 of this Constitution, continue to act
until the office of AuditorGeneral is filled or until
his appointment is revoked by the GovernorGeneral.
(3) A person who has
held the office of Auditor-General shall not be eligible
for appointment to any other public office.
(4) The AuditorGeneral
shall receive such salary and allowances as may from
time to time be prescribed by or under any law or
by a resolution of the House of Representatives:
Provided that-
(a) no such resolution
may reduce any salary or allowance for the time being
prescribed by or under a law; and
(b) the salary of the
AuditorGeneral shall not be reduced during his continuance
in office.
(5) The salary for
the time being payable to the AuditorGeneral under
this Constitution shall be charged on and paid out
of the Consolidated Fund.
(6) In the exercise
of his powers under this section the GovernorGeneral
shall act in accordance with the recommendation of
the Public Service Commission:
Provided that-
(a) before he acts
in accordance therewith he shall inform the Prime
Minister of the nature of that recommendation and
shall, if the Prime Minister so requires, once refer
that recommendation (hereafter in this subsection
called the "original recommendation") back
to the Public Service Commission for reconsideration;
and
(b) if, upon such reconsideration,
the Public Service Commission submits a different
recommendation, the provisions of this subsection
and of subsection (2) of section 32 of this Constitution
shall apply to that different recommendation as they
apply to the original recommendation.
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121.
Tenure of office of AuditorGeneral.
121. (1) Subject to
the provisions of subsections (3) to (6) (inclusive)
of this section, the AuditorGeneral shall hold office
until he attains the age of sixty years:
Provided that-
(a) he may at any time
resign his office; and
(b) the GovernorGeneral,
acting in the manner prescribed by subsection (6)
of section 120 of this Constitution, may permit an
AuditorGeneral who has attained the age of sixty
years to remain in office until he has reached such
later age, not exceeding sixtyfive years, as may
(before the AuditorGeneral has reached the age of
sixty years) have been agreed between the GovernorGeneral
and the AuditorGeneral.
(2) Nothing done by
the AuditorGeneral shall be invalid by reason only
that he has attained the age at which he is required
by this section to vacate his office.
(3) The AuditorGeneral
may be removed from office only for inability to discharge
the functions thereof (whether arising from infirmity
of body or mind or any other cause) or for misbehaviour,
and shall not be so removed except in accordance with
the provisions of subsection (4) of this section.
(4) The AuditorGeneral
shall be removed from office by the GovernorGeneral
by instrument under the Broad Seal if the question
of his removal from office has been referred to a
tribunal appointed under subsection (5) of this section
and the tribunal has recommended to the GovernorGeneral
that he ought to be removed from office for inability
as aforesaid or for misbehaviour.
(5) If the Prime Minister
or the Chairman of the Public Service Commission advises
the GovernorGeneral that the question of removing
the AuditorGeneral from office for inability as aforesaid
or for misbehaviour ought to be investigated, then-
(a) the GovernorGeneral
shall appoint a tribunal, which shall consist of a
Chairman and not less than two other members, selected
by the Governor-General, acting on the advice of the
Chief Justice, from among persons who hold or have
held the office of a judge of a court having unlimited
jurisdiction in civil and criminal matters in some
part of the Commonwealth or a court having jurisdiction
in appeals from any such court; and
(b) that tribunal shall
enquire into the matter and report on the facts thereof
to the Governor-General and recommend to the GovernorGeneral
whether the AuditorGeneral ought to be removed from
office for inability as aforesaid or for misbehaviour.
(6) The provisions
of the Commissions of Enquiry Act as in force immediately
before the appointed day shall, subject to the provisions
of this section and of the Third Schedule to this
Constitution, apply as nearly as may be in relation
to tribunals appointed under subsection (5) of this
section or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and for that
purpose shall have effect as if they formed part of
this Constitution.
(7) If the question
of removing the AuditorGeneral from office has been
referred to a tribunal under subsection (5) of this
section, the GovernorGeneral acting in the manner
prescribed by subsection (6) of section 120 of this
Constitution, may suspend the AuditorGeneral from
performing the functions of his office and any such
suspension may at any time be revoked by the GovernorGeneral,
acting as aforesaid, and shall in any case cease to
have effect if the tribunal recommends to the GovernorGeneral
that the AuditorGeneral should not be removed from
office.
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122.
Functions of AuditorGeneral
122. (1) The accounts
of the Court of Appeal, the accounts of the Supreme
Court, the accounts of the offices of the Clerks to
the Senate and the House of Representatives and the
accounts of an departments and offices of the Government
of Jamaica (including the offices of the Cabinet,
the Judicial Service Commission, the Public Service
Commission and the Police Service Commission but excluding
the department of the AuditorGeneral) shall, at least
once in every year, be audited and reported on by
the Auditor-General who, with his subordinate staff,
shall at all times be entitled to have access to all
books, records, returns and reports relating to such
accounts.
(2) The AuditorGeneral
shall submit his reports made under subsection (1)
of this section to the Speaker (or, if the office
of Speaker is vacant or the Speaker is for any reason
unable to perform the functions of his office, to
the Deputy Speaker) who shall cause them to be laid
before the House of Representatives.
(3) In the exercise
of his functions under the provisions of subsections
(1) and (2) of this section, the AuditorGeneral shall
not be subject to the direction or control of any
other person or authority.
(4) The accounts of
the department of the Auditor-General shall be audited
and reported on by the Minister responsible for finance,
and the provisions of subsections (1) and (2) of this
section shall apply in relation to the exercise by
that Minister of those functions as they apply in
relation to audits and reports made by the Auditor-General.
(5) Nothing in this
section shall prevent the performance by the AuditorGeneral
of-
(a) such other functions
in relation to the accounts of the Government of Jamaica
and the accounts of other public authorities and other
bodies administering public funds in Jamaica as may
be prescribed by or under any law for the time being
in force in Jamaica; or
(b) such other functions
in relation to the supervision and control of expenditure
from public funds in Jamaica as may be so prescribed;
or
(c) such other functions
in relation to the accounts of any other government
as he may be empowered to perform by any authority
competent in that behalf.
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