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 1 : General
123. Interpretation
123. For the purposes
of this Chapter of this Constitution, "public
office" does not include office as a member of
any board, panel, committee or other similar body
(whether incorporated or not) established by any law
for the time being in force in Jamaica.
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124.
Public Service Commission.
124. (1) There shall
be a Public Service Commission for Jamaica consisting
of a Chairman and such number of other members, being
not less than three nor more than five, as the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
may from time to time decide.
(2) The members of
the Public Service Commission shall be appointed by
the GovernorGeneral, acting on the recommendation
of the Prime Minister after consultation with the
Leader of the Opposition, by instrument under the
Broad Seal:
Provided that one such
member shall be so appointed by the GovernorGeneral
from a list of persons, not disqualified for appointment
under this section, submitted by the Jamaica Civil
Service Association (or any other body representing
members of the public service which may from time
to time, in the opinion of the GoverncrGeneral acting
on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition, have
succeeded to the functions of that Association).
(3) No person shall
be qualified to be appointed as a member of the Public
Service Commission if he holds or is acting in any
public office other than the office of member of the
Judicial Service Commission or member of the Police
Service Commission.
(4) A member of the
Public Service Commission shall not, within a period
of three years commencing with the date on which he
last held or acted in that office, be eligible for
appointment to any office power to make appointments
to which is vested by this Constitution in the GovernorGeneral
acting on the advice of the Public Service Commission.
(5) The office of a
member of the Public Service Commission shall become
vacant-
(a) at the expiration
of five years from the date of his appointment or
such earlier time as may be specified in the instrument
by which he was appointed;
(b) if he resigns his
office;
(c) if he is appointed
to any public office other than the office of member
of the Judicial Service Commission or member of the
Police Service Commission; or
(d) if the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
directs that he shall be removed from office for inability
to discharge the functions thereof (whether arising
from infirmity of body or mind or any other cause)
or for misbehaviour.
(6) If the office of
a member of the Public Service Commission is vacant
or a member is for any reason unable to perform the
functions of his office, the GovernorGeneral, acting
on the recommendation of the Prime Minister after
consultation with the Leader of the Opposition, may
appoint a person who is qualified for as a member
of the Commission to act as a member of the Commission,
and any person so appointed shall, subject to the
provisions of subsection (5) of this section, continue
to act until the office of the member of the Commission
is filled or until his appointment is revoked by the
GovernorGeneral acting on the recommendation of the
Prime Minister after consultation with the Leader
of the Opposition.
(7) The members of
the Public Service Commission shall receive such salaries
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 a
member of the Public Service Commission shall not
be reduced during his continuance in office.
(8) The salaries for
the time being payable to members of the Public Service
Commission under this Constitution shall be charged
on and paid out of the Consolidated Fund.
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125.
Appointment, etc. of public officers
125. (1) Subject to
the provisions of this Constitution, power to make
appointments to public offices and to remove and to
exercise disciplinary control over persons holding
or acting in . any such offices is hereby vested in
the GovernorGeneral acting on the advice of the Public
Service Commission.
(2) Before the Public
Service Commission advises the appointment to any
public office of any person holding or acting in any
office power to make appointments to which is vested
by this Constitution in the Governor-General acting
on the advice of the Judicial Service Commission or
the Police Service Commission, it shall consult with
the Judicial Service Commission or the Police Service
Commission, as the case may be.
(3) Before the GovernorGeneral
acts in accordance with the advice of the Public Service
Commission that any public officer should be removed
or that any penalty should be imposed on him by way
of disciplinary control, he shall inform the officer
of that advice and if the officer then applies for
the case to be referred to the Privy Council, the
GovernorGeneral shall not act in accordance with
the advice but shall refer the case to the Privy Council
accordingly:
Provided that the GovernorGeneral,
acting on the advice of the Commission, may nevertheless
suspend that officer from the exercise of his office
pending the determination of the reference to the
Privy Council.
(4) Where a reference
is made to the Privy Council under the provisions
of subsection (3) of this section, the Privy Council
shall consider the case and shall advise the GovernorGeneral
what action should be taken in respect of the officer,
and the GovernorGeneral shall then act in accordance
with such advice.
(5) Except for the
purpose of making appointments thereto or to act therein
or of revoking an appointment to act therein, the
provisions of this section shall not apply in relation
to the office of the Director of Public Prosecutions.
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126.
Permanent Secretaries
126. (1) Subject to
the provisions of subsection (2) of this section,
power to make appointments to the office of Permanent
Secretary (other than appointments on transfer from
another such office carrying the same salary) is hereby
vested in the GovernorGeneral acting on the recommendation
of the Public Service Commission.
(2) Before the GovernorGeneral
acts in accordance with a recommendation of the Public
Service Commission made under subsection (1) of this
section, he shall consult the Prime Minister who may
once require that recommendation (hereafter in this
subsection called the "original recommendation")
to be referred back to the Public Service Commission
for reconsideration; and 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 thereto as they apply to an original recommendation.
(3) Power to make appointments
to any office of Permanent Secretary on transfer from
another such office carrying the same salary is hereby
vested in the Governor General acting on the recommendation
of the Prime Minister.
(4) For the purposes
of this section the office of Financial Secretary
shall be deemed to be the office of Permanent Secretary.
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127.
Delegation of functions of Public Service Commission
127. (1) The GovernorGeneral,
acting on the advice of the Public Service Commission,
may by instrument under the Broad Seal direct that,
subject to such conditions a. may be specified in
that instrument, power to make appoint meets to such
offices, being offices to which this section applies,
as may be so specified and power to remove and power
to exercise disciplinary control over persons or acting
in those offices, or any of those powers, shall (without
prejudice to the exercise of such power by the GovernorGeneral
acting on the advice of the Public Service Commission)
be exercisable by such one or more members of the
Public Service Commission or by such other authority
or public officer as may be so specified.
(2) In relation to
any power made exercisable under subsection (1) of
this section by some person or authority other than
the GovernorGeneral acting on the advice of the Public
Service Commission, the offices to which this section
applies are all offices in respect of which that power
is, apart from this section. vested by this Constitution
in the GovernorGeneral acting on such advice.
(3) In any case where
an appointment is to be made by virtue of an instrument
made under this section and the person to be appointed
holds or is acting in any office power to make appointments
to which is vested by this Constitution in the GovernorGeneral
acting on the advice of the Judicial Service Commission
or the Police Service Commission. the person or authority
specified in the said instrument shall consult with
the Judicial Service Commission or the Police Service
Commission, as the case may be before making the appointment.
(4) Where, by virtue
of an instrument made under this section, the power
to remove or to exercise disciplinary control over
any officer has been exercised by a person or authority
other than the GovernorGeneral acting on the advice
of the public Service Commission, the officer in respect
of whom it was so exercised may apply for the case
to be referred to the Privy Council. and thereupon
the action of the aforesaid person or authority shall
cease to have effect and the case shall be referred
to the Privy Council accordingly and the GovernorGeneral
shall then take such action in respect of that officer
as the Privy Council may advise:
Provided that-
(a) where the action
of the aforesaid person or authority included the
removal of that officer or his suspension from the
exercise of his office, that person or authority may
nevertheless suspend him from the exercise of his
office pending the determination of the reference
to the Privy Council; and
(b) before advising
the GovernorGeneral under this subsection, the Privy
Council shall consult with the Public Service Commission.
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128.
Appointment, etc. of principal representatives of
Jamaica
128. (1) Power to appoint
persons to hold or act in the offices to which this
section applies (including power to make appointments
on promotion and transfer and to confirm appointments)
and to remove persons so appointed from any such office
shall vest in the GovernorGeneral, acting in accordance
with the advice of the Prime Minister.
(2) Before tendering
any advice for the purposes of this section in relation
to any person who holds or acts in any public office
other than an office to which this section applies,
the Prime Minister shall consult the Public Service
Commission.
(3) The offices to
which this section applies are the offices of any
Ambassador, High Commissioner or other principal representative
of Jamaica in countries other than Jamaica.
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129.
Police Service Commission.
129. (1) There shall
be a Police Service Commission for Jamaica consisting
of a Chairman and such number of other members, being
not less than two nor more than four, as the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
may from time to time decide.
(2) The members of
the Police Service Commission shall be appointed by
the GovernorGeneral on the recommendation of the
Prime Minister after consultation with the Leader
of the Opposition, by instrument under the Broad Seal.
(3) No person shall
be qualified to be appointed as a member of the Police
Service Commission if he holds or is acting in any
public office other than the office of member of the
Judicial Service Commission or member of the Public
Service Commission.
(4) A member of the
Police Service Commission shall not, within a period
of three years commencing with the date on which he
last held or acted in that office, be eligible for
appointment to any office power to make appointments
to which is vested by this Constitution in the GovernorGeneral
acting on the advice of the Police Service Commission.
(5) The office of a
member of the Police Service Commission shall become
vacant-
(a) at the expiration
of five years from the date of his appointment or
such earlier time as may be specified in the instrument
by which he was appointed;
(b) if he resigns his
office;
(c) if he is appointed
to any public office other than the office of member
of the Judicial Service Commission or member of the
Public Service Commission;
(d) if the GovernorGeneral,
acting on the recommendation of the Prime Minister
after consultation with the Leader of the Opposition,
directs that he shall be removed from office for inability
to discharge the functions thereof (whether arising
from infirmity of body or mind or any other cause)
or for misbehaviour.
(6) If the office of
a member of the Police Service Commission is vacant
or a member is for any reason unable to perform the
functions thereof, the GovernorGeneral, acting on
the recommendation of the Prime Minister after consultation
with the Leader of the Opposition, may appoint a person
who is qualified for appointment as a member of the
Commission to act as a member of the Commission, and
any person so appointed shall, subject to the provisions
of subsection (5) of this section, continue to act
until the office of the member of the Commission is
filled or until his appointment is revoked by the
GovernorGeneral, acting on the recommendation of
the Prime Minister after consultation with the Leader
of the Opposition.
(7) The members of
the Police Service Commission shall receive such salaries
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 a
member of the Police Service Commission shall not
be reduced during his continuance in office.
(8) The salaries for
the time being payable to members of the Police Service
Commission under this Constitution shall be charged
on and paid out of the Consolidated Fund.
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130.
Appointment, etc. of police officers.
130. Section 125 of
this Constitution (with the substitution therein of
the words "the Police Service Commission"
for the words "the Public Service Commission"
wherever the same occur and of the words "the
Public Service Commission" for the words "the
Police Service Commission" in subsection (2)
thereof) shall apply in relation to police officers
as it applies in relation to other public officers.
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131.
Delegation of functions of Police Service Commission.
131. (1) The GovernorGeneral,
acting on the advice of the Police Service Commission,
may by instrument under the Broad Seal direct that,
subject to such conditions as may be specified in
that instrument, power to make appointments to such
offices, being offices to which this section applies,
as may be so specified and power to remove and power
to exercise disciplinary control over persons holding
or acting in those offices, or any of those powers
shall (without prejudice to the exercise of such power
by the GovernorGeneral acting on the advice of the
Police Service Commission) be exercisable by such
one or more members of the Police Service Commission
or by such other authority or public officer as may
be so specified.
(2) The offices to
which this section applies are the offices of all
police officers not above the rank of inspector.
(3) In any case where
an appointment is to be made by virtue of an instrument
made under this section and the person to be appointed
holds or is acting in any office power to make appointments
to which is vested by this Constitution in the GovernorGeneral
acting on the advice of the Judicial Service Commission
or the Public Service Commission, the person or authority
specified in the said instrument shall consult with
the Judicial Service Commission or the Public Service
Commission, as the case may be, before making the
appointment.
(4) Where, by virtue
of an instrument made under this section, the power
to remove or to exercise disciplinary control over
any officer has been exercised by a person or authority
other than the GovernorGeneral acting on the advice
of the Police Service Commission, the officer in respect
of whom it was so exercised may apply for the case
to be referred to the Privy Council, and thereupon
the action of the aforesaid person or authority shall
cease to have effect and the case shall be referred
to the Privy Council accordingly; and the GovernorGeneral
shall then take such action in respect of that officer
as the Privy Council may advise:
Provided that-
(a) where the action
of the aforesaid person or authority includes the
removal of that officer or his suspension from the
exercise of his office, that person or authority may
nevertheless suspend him from the exercise of his
office pending the determination of the reference
to the Privy Council; and
(b) before advising
the GovernorGeneral under this subsection, the Privy
Council shall consult with the Police Service Commission.
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132.
Applicability of pensions law.
132. (1) Subject to
the provisions of section 134 of this Constitution,
the law applicable to the grant and payment to any
officer, or to his widow, children, dependents or
personal representatives, of any pension, compensations,
gratuity or other like allowance (in this section
and in sections 133 and 134 of this Constitution referred
to as day is an "award") in respect of the
service of that officer in a public office shall be
that in force on the relevant day or any later law
not less favourable to the person concerned.
(2) For the purposes
of this section the relevant
(a) in relation to
an award granted before the appointed day, the day
on which the award was granted;
(b) in relation to
an award granted or to be granted on or after the
appointed day to or in respect of a person who was
a public officer before that day, the day immediately
before that day;
(c) in relation to
an award granted or to be granted to or in respect
of a person who first becomes a public officer on
or after the appointed day, the day on which he becomes
a public officer.
(3) For the purposes
of this section, in so far as the law applicable to
an award depends on the option of the person to or
in respect of whom it is granted or to be granted,
the law for which he opts shall be taken to be more
favourable to him than any other law for which he
might have opted.
(4) For the purposes
of this section and of sections 133 and 134 of this
Constitution, service as a Judge of the Court of Appeal
or as a Judge of the Supreme Court shall be deemed
to be public service.
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133.
Pensions, etc. to be charged on Consolidated Fund.
133. Awards granted
under any law for the time being in force in Jamaica
in respect of the public service shall be charged
on and paid out of the Consolidated Fund.
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134.
Grant and withholding of pensions, etc.
134. (1) The power
to grant any award under any pensions law for the
time being in force in Jamaica (other than an award
to which, under that law, the person to whom it is
payable is entitled as of right) and, in accordance
with any provisions in that behalf contained in any
such law, to withhold, reduce in amount or suspend
any award payable under any such law is hereby vested
in the GovernorGeneral.
(2) The power vested
in the GovernorGeneral by subsection (1) of this
section shall be exercised by him -
(a) in the case of
an award payable to a person who, having been a public
officer, was immediately before the date on which
he ceased to hold public office, serving -
(i) as a Judge of the
Court of Appeal;
(ii) as a Judge of
the Supreme Court;
(iii) in any office
to which section 112 of this Constitution applies
at the date of the exercise of the power,
on the recommendation
of the Judicial Service Commission;
(b) in the case of
an award payable to a person who, having been a public
officer, was, immediately before the date aforesaid,
serving as a police officer, on the recommendation
of the Public Service Commission; and
(c) in the case of
an award payable to any other person, on the recommendation
of the Public Service Commission.
(3) In this section,
"pensions law" means any law relating to
the grant to any person, or to the widow, children,
dependants or personal representatives of that person,
of an award in respect of the services of that person
in a public office, and includes any instrument made
under any such law.
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