The Constitution of The Bahamas
 
 
 
 
 
Establishment and composition of Public Service Commission.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appointments, etc. of public officers.
 
 
 
 
Appointments of Permanent Secretaries and certain other public officers.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Delegation of Governor-General's powers.
 
 
 
 
 
Appointments, etc. of principal representatives of The Bahamas abroad.
 
 
 
 
 
 
 
 
 
 
 
Appointments on transfer in respect of certain offices.
 
 
 
 
 
 
 
 
 
Appointment of Secretary to the Cabinet.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Public Service Board of Appeal.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appeals in discipline cases.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Establishment and composition of the Judicial and Legal Service Commission.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appointments, etc. of judicial and legal officers.
 
 
 
 
 
 
 
 
 
 
 
Establishment and composition of the Police Service Commission.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appointment of Commissioner of Police and other officers of the Police Force.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Removal of the Commissioner and Deputy Commissioner of Police.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Removal and discipline of members of the Force.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Protection of pension rights.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Grant and withholding of pensions, etc.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Appeals in respect of certain decisions affecting pensions benefits.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Procedure of Commissions.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Removal from office of certain persons.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Public Service.
 
CHAPTER VIII
THE PUBLIC SERVICE
  Part 1
The Public Service Commission
   
   107.  (1)  There shall be a Public Service Commission for The Bahamas which shall consist of a Chairman and not less than two nor more than four other members, who shall be appointed by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.
           
           ( 2)  No person shall be qualified to be appointed as a member of the Public Service Commission if he is a member of either House or a public officer.
           
           (3)  Subject to the provisions of Article 126 of this Constitution the office of a member of the Public Service Commission shall become vacant-
      
                (a)     at the expiration of three 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 becomes a member of either House or a public officer.
       
         (4)  If the office of Chairman of the Public Service Commission is vacant or the holder thereof is for any reason unable to perform the function of his office then, until a person has been appointed to and has assumed the function of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such one  of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
 
          (5)   If the office of a member of the Public Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions of his office, the Governor-General, 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 in the office f that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) for this Article and Article 126 of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the     Governor-General, acting as aforesaid.
 
         (6)   A former member of the Public Service Commission shall not, within a period of five 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 Governor-General acting on the recommendation or in accordance with the advice of the Public Service Commission.
 
Part II
Appointments etc., of public officers
 
108.       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 such offices is hereby vested in the Governor-General, acting in accordance with the advice of the Public Service Commission.
 
109.  (1)  Notwithstanding anything contained in the preceding Article of this Chapter-
 
              (a)   power to make appointments to the office of Permanent Secretary
              or Head of a Department of Government (or to be the holder of any such
              other office of similar status as the Governor-General may, acting in
              accordance with the advice of the Prime Minister specify by notice in the
              Gazette) is hereby vested in the Governor-General acting on the
              recommendation f the Public Service Commission after the Commission
              has consulted the Prime Minister;   
 
              (b)   power to make appointments to the office of Permanent Secretary
              on transfer from another such office carrying the same salary is
              hereby vested in the Governor-General acting on the advice of the Prime
              Minister.  
 
        ( 2)  In this Article "Permanent Secretary" includes the Secretary of the Cabinet and the Financial Secretary.   
 
110.       The Governor-General acting in accordance with the advice of the Public Service Commission, may by directions given by instrument under the Public Seal delegate, to such extent and subject to such conditions as may be specified in those directions, the powers vested in him by Article 108 of this Constitution (other than powers to make appointments to the office referred to in Article 109 of this Constitution and to remove or exercise disciplinary control over persons holding or acting in such offices) to such public officers as may be so specified. 
 
111.  (1)   Power to appoint persons to hold or act in the offices to which this Article 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 Governor-General, acting in accordance with the advice of the Prime Minister.
 
         (2)   Before tendering any advice for the purposes of this Article in relation to any person who holds or acts in any public office other than an office to which this Article applies, the Prime Minister shall consult the Service Commission which is responsible for advising in respect of appointments to the office which the person concerned holds or in which he is acting.
 
         (3)    The office to which this Article applies are the offices of Ambassador, High Commissioner or any other principal representative of The Bahamas in any of the country or accredited to any international organization.
 
112.   (1)    Power to make appointments on transfer to the offices to which this Article applies shall vest in the Prime Minister.
 
         (2)        The offices to which this Article apples are-
 
                 (a)   offices, the holders of which are required to reside outside
                 The Bahamas for the proper discharge of their functions;
 
                 (b)   such offices in the Ministry responsible for the conduct of
                 the external affairs of The Bahamas as may, from time to time, be
                 designated by the Prime Minister.
 
113.   (1)   There shall be a Secretary to the Cabinet whose office shall be a public office.
 
         (2)    Power to appoint any person to the office of Secretary to the Cabinet and to remove such person from that office shall vest in the Governor-General acting in accordance with the advice of the Prime Minister.
 
         (3)    Before tendering advice for the purposes of this Article, the Prime Minister shall consult the Public Service Commission.
 
         (4)    The Secretary to the Cabinet shall have charge of the Cabinet Office and shall be responsible, in accordance with such instructions as may be given to him by the Prime Minister, for the supervision of any department of the Government for which the Prime Minister has responsibility.
 
Part III
The Public Service Board of Appeal
 
114. (1)    There shall be a Public Service Board of Appeal for The Bahamas which shall consist of the following members, who shall be appointed by instrument under the Public Seal-
 
               (a)   one member appointed by the Governor-General acting in accordance
               with the advice of the Chief Justice from among persons who hold or have
               held high judicial office or are qualified to hold high judicial office, who shall
               be Chairman;
   
               (b)   one member appointed by the Governor-General acting in accordance
               with the advice of the Prime Minister; and
 
               (c)   one member appointed by the Governor-General acting
               in accordance with the advice of the appropriate representative body.
 
       (2)    A person shall not be qualified for appointment as a member of the Board if he is a member of either House.
 
      (3)    Subject to the provisions of this Article and of Article 126 of this Constitution, the office of a member of the Board shall become vacant-
 
               (a)    at the expiration of three years from the date of his appointment;
 
               (b)    if he becomes a member of either House.
 
       (4)    If at any time any member of the Board is for any reason unable to exercise the functions of his office, the Governor-General may appoint a person who is qualified to be appointed as a member of the Board to act as a member, and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue to act until the office in which he is acting has been filled to, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the Governor-General.
 
       (5)    The Board shall, in the exercise of its functions under this Constitution, not be subject to the direction or control of any other person or authority.
 
       (6)     In this Article "the appropriate representative body" means such body representing the interests of public officers as the Governor-General may, by Order, designate.
 
115. (1)     Subject to the provisions of this Article, an appeal shall lie to the Public Service Board of Appeal at the instance of the officer in respect of whom the decision is made from any decision of the Governor-General, acting in accordance with the advice of the Public Service Commission, that any public officer shall be removed from office or that any penalty    should be imposed on him by way of disciplinary control.
 
         (2)     Upon an appeal under paragraph 81) of this Article the Board may affirm or set aside the decision appealed from or may make any other decision which the authority or person from whom the appeal lies could have made.
 
        (3)      Every decision of the Board shall require the concurrence of a majority of all its members.
 
        (4)      Subject to the provisions of paragraph (3) of this Article, the Board may be regulations make provision for-
 
                  (a)    the procedure of the Board;
 
                  (b)     the procedure in appeals under this Article;
 
                  (c)     exceeding from the provisions of paragraph (1) of this
                   Article decisions in respect of public officers holding offices whose
                   emoluments do not exceed such sum as may be prescribed or such
                   decisions to exercise disciplinary control, other than decisions to
                   remove from office, as may be prescribed.
 
       (5)      Regulations made under this Article may, with the consent of the Prime Minister, confer powers or impose duties on any public officer or any authority of the Government of The Bahamas for the purpose of the exercise of the functions of the Board.
 
       (6)      The Board may, subject to the provisions of this Article and to its rules of procedure, act notwithstanding any vacancy in its membership or the absence of any member.
Part IV
The Judicial and Legal Service Commission
 
116. (1)     There shall be a Judicial and Legal Service Commission for The Bahamas.
 
            (2)     The members of the Judicial and Legal Service Commission shall be-
 
                     (a)      the Chief Justice, who shall be Chairmen;
 
                     (b)      such other Justice of the Supreme Court or Justice of Appeal
                     as may be designated by the Governor-General, acting on
                     the recommendation of the Chief Justice, by instrument under the   
                     Public Seal;
 
                      (c)      the Chairman of the Public Service Commission; and
 
                      (d)      two persons appointed by the Governor-General by
                      instrument under the Public Seal, acting on the recommendation of
                      the Prime Minister after consultation with the Leader of the
                      Opposition.
 
            (3)    Subject to the provisions of Article 126 of this Constitution, the office of a member of the Judicial and Legal Service Commission referred to in sub-paragraph (2)(d) of this Article shall become vacant-
 
                     (a)       at the expiration of three years form the date of his
                     appointment or such earlier time as may be specified in the
                     instrument by which he was appointed;
 
                     (b)       if he becomes a member of either House.
 
           (4)     A person shall not be qualified to be appointed as a member of the Commission under subparagraph (2) (b) of this Article unless he holds or is qualified to hold or has held high judicial office; and a person shall be disqualified for appointment as such if he is a member of either House.
 
           (5)     If the office of Chairman of the Judicial and Legal Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then until a person has been appointed to and has assumed the faction of that
office or until the person holding that office has resumed those functions, as the case may be, they shall be performed   by such one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Chief Justice, or, if the is for any reason incapacitated from making a recommendation, of the other Justice of the Supreme Court or Justice of Appeal who is a member of the Commission.
 
         (6)     If at any time one of the members of the Commission referred to in sub-paragraphs (2)(b), (c) or (d) of this Article is for any reason unable to exercise the function of his office, the Governor-General, in the case of the Chairman of the Public Service Commission, may appoint another member of the Public Service Commission to act as a member, and in the case of a member referred to in sub-paragraphs (2)(b) or (d) of this Article may, acting on the same recommendation as for the appointment of that members, appoint a person who is qualified to be appointed as a member of the Commission to act as a member. Any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, as the case may be, until the holder thereof has resumed his functions or until his appointment to act has been revoked by the 

Governor-General, acting as aforesaid.  

 
117.  (1)    Subject to the provisions of this Constitution, power to make appointments to public offices to which this Article applies and to remove and to exercise disciplinary control over persons holding or acting in such officer is hereby vested in the Governor-General acting in accordance with the advice of the Judicial and Legal Service Commission.  
 
          (2)    This Article applies to such public offices for appointment to which persons are required to posses legal qualifications as may be prescribed by Parliament.

Part V

The Police Service Commission

 

118.   (1)     There shall be a Police Service Commission for the Bahamas which shall consist of Chairman and two other members appointed by the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Public Seal.
 
         (2)      No person shall be qualified to be appointed as a member of the Police Service Commission if he is a member of either House or a public officer.
 
         (3)      Subject to the provisions of Article 126 of this Constitution, the office of a member of the Police Service Commission shall become vacant-
 
                    (a)     at the expiration of three years from the date of his 
                    appointment  or at such earlier time as may be specified in 
                    the instrument by which he was appointed;
 
                    (b)     if he becomes a member of either House or a public officer.
 
          (4)      If the office of Chairman of the Police Service Commission is vacant or the holder thereof is for any reason unable to perform the function of his office, then, until a person has been appointed to and has assumed the functions of that office or until the person holding that office has resumed those functions, as the case may be, they shall be performed by such      one of the other members of the Commission as may for the time being be designated in that behalf by the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
 
           (5)    If the office of a member of the Police Service Commission other than the Chairman is vacant or the holder thereof is for any reason unable to perform the functions thereof, the Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may appoint a person who is qualified for appointments as a member of the Commission to act in the office of that member; and any person so appointed shall, subject to the provisions of sub-paragraph (3)(b) of this Article and Article 126 of this Constitution, continue so to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, the holder thereof resumes those functions or until his appointment so to act is revoked by the Governor-General, acting as aforesaid.
 
119.   (1)   Power to make appointments to the office of Commissioner of Police and Deputy Commissioner of Police shall be vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
 
        (2)    Save as provided under paragraph (1) of this Article power to make appointments to offices in the Police Force of or above the rank of Assistant Commissioner of Police is vested in the Governor-General acting on the recommendation of the Prime Minister after consultation with the Police Service Commission.
 
         (3)     Save as provided in the preceding paragraphs of this Article, power to make appointments to offices in the Police Force of or above the rank of Inspector is vested in the Governor-General, acting on the advice of the Police Service Commission.
 
          (4)     There shall be in the Police Force such number of Police Promotion Boards, each consisting of officers in the Police Force above the rank of Inspector, as may be prescribed by regulations made under this paragraph.
 
         (5)      Power to make appointments to offices in the Police Force below the rank of Inspector shall be vested in the Commissioner of Police acting after consultation with a Police Promotion Board.
 
         (6)      Power to make posting and appointments on transfer within the Police Force of officers in that Force shall be vested in the Commissioner of Police.
 
120.   (1)     The Commissioner of Police and Deputy Commissioner of Police may be removed from office by the Governor-General but shall not be removed except in accordance with the provisions of paragraph (2) of this Article.
 
         (2)     The Commissioner of Police or Deputy Commissioner of Police shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office.
 
         (3)     If the Prime Minister represented to the Governor-General that the question of removing the Commissioner of Police or Deputy Commissioner or Police from office ought to be investigated, then-
 
                  (a)      the Governor-General acting in accordance with the advice 
                  of the Prime Minister shall suspend the Commissioner of Police 
                  or Deputy Commissioner of Police from performing the functions 
                  of his office, as the case may be;
 
                  (b)      the Governor-General shall appoint a tribunal, which shall
                  consist of a chairman and not less than two other members, 
                  selected by the Governor-General, acting in accordance with the 
                  advice of the Judicial and Legal Service Commission, from among
                  persons who hold or have held or are eligible to hold high judicial 
                  office; and
 
                  (c)      the tribunal shall inquire into the matter and report on the
                  facts thereof to the Governor-General whether the Commissioner
                  of Police or Deputy Commissioner of Police ought to be removed 
                  from office.
         
          (4)    If the question of removing the Commissioner of Police or Deputy Commissioner of Police from office has been referred to a tribunal under paragraph (3) of this Article, the Governor-General shall revoke any such suspension if the tribunal recommends to the Governor-General that the Commissioner of Police or Deputy Commissioner of Police should not be removed from office.
 
121. (1)   Save as provided under Article 120 of this Constitution, power to remove and to exercise disciplinary control over persons holding or acting in the office of or above the rank of Assistant Commissioner in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission after consultation with the Prime Minister.
 
        (2)    Save as provided in Article 120 of this Constitution and paragraphs (1) and (3) of this Article, power to remove and exercise disciplinary control over persons holding or acting in office in the Police Force is vested in the Governor-General acting in accordance with the advice of the Police Service Commission.
 
        (3)    The following powers are vested in the Commissioner of Police-
 
                (a)     in respect of officer of or above the rank of Assistant
                Superintendent, the power to administer reprimands;
 
                (b)     in respect of Inspector, the power to exercise disciplinary
                control other than removal or reduction in rank; and
 
                (c)     in respect of officers below the rank of Inspector, the power
                to exercise disciplinary control including the power of removal.
 
         (4)    The Commissioner of Police may, by directions in writing, and subject to such conditions as he thinks fit, delegate to any officers of the Police Force of or above the rank of Inspector any of his powers under sub-paragraph (3)(c) of this Article other than the power of removal; but an appeal from any award of punishment by such officer shall lie to the Commissioner.
 
         (5)     Parliament may by law provide that an appeal shall lie to the Governor-General from a decision of the Commissioner of Police to remove or exercise disciplinary control over persons holding or acting in offices in the Police Force in such cases as may be prescribed by such law, and in determining any such appeal the Governor-General shall act in accordance with the advice of the Police Service Commission.
 
Part VI  
Pensions
 
122.   (1)    Subject to the provisions of Articles 123 and 124 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 pensions, compensation, gratuity or other like allowance (in this an "award") in respect of the service of that officer in a public office shall be that in force on the relevant date or any later law tat is not less favorable to that person.
 
         (2)    In paragraph (1) of this Article "the relevant date" means-
 
                (a)       in relation to an award granted before 10th July 1973, the date
                on which the award was granted;
 
                (b)       in relation to an award granted or to be granted on or after
                10th July 1973 to or in respect of any person who was a public officer
                before that date 9th July 1973;
 
                 (c)     in relation to an award granted or to be granted to or in respect
                 of any person who becomes a public officer on or after 10th July 1973,
                 the date on which he becomes a public officer.
 
         (3)    Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this Article, be deemed to be more favorable to him than the other law or laws.
 
         (4)     Awards granted under any law in respect of service in a public office (not being awards that are a charge upon some other public fund of The Bahamas) are hereby charged on the Consolidated Fund.
 
         (5)     For the purposes of this Article and of Articles 123 and 124 of this Constitution, service as a Justice of the Supreme Court or Justice of Appeal shall be deemed to be service in the public service.
 
123.   (1)    The power to grant any award under any pensions law for the time being in force in The Bahamas (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 Governor-General.
 
          (2)    The power vested in the Governor-General by paragraph (1) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.
 
          (3)    The appropriate Service Commission shall not recommend to the Governor-General that any award for which a person  who holds or has held the office of a Justice of the Supreme Court or Justice of Appeal or Auditor-General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground     that he has been guilty of misbehavior unless he has been removed from office by reason of such misbehaviour.
 
          (4)     In this Article and in Article 124 of this Constitution "the appropriate Service Commission" means-
 
                   (a)     in the case of an award that may be granted or is 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 Justice of the Supreme Court or Justice of Appeal;
 
                           (ii)    in any public office to which the provision of Article 117 
                           of this Constitution applied on that date,
 
the judicial and Legal Service Commission;
 
             (b)   in the case of an award that may be granted or is payable to a 
             person who, having been a public officer, was immediately before the 
             date on which he ceased to hold public office, serving as a the date 
             on which he ceased to hold public office, serving as a member of 
             the Police Force, the Police Service Commission;
 
             (c)    in any other case the Public Service Commission.
 
       (5)  In this Article "pension law" means nay law relating to the grant to any person or to the widow, children, dependents or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office an includes any instrument make under any such law.
 
124. (1)   The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-
 
               (a)    a decision of the appropriate Service Commission embodying
               a recommendation in respect of an officer, under Article 123(2) of
               this Constitution, not to grant or to withhold, reduce in amount or 
               suspend, and award;
 
               (b)    a decision of any authority to remove an office from office if
               the consequence of the removal is that an award cannot be granted
               in respect of the officer's service in a public office; or
 
               (c)    a decision of any authority to take some other disciplinary action
               in relation to such an office if the consequence of the action is or in
               the opinion of the authority might be, to reduce the amount of any 
               award that may be grated in respect of the officer's service in a public
               office.
 
        (2)   Where any such decision as is referred to in paragraph (1) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is    delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred to the Public Service Board of Appeal.
 
        (3)    The Board shall inquire into the facts of the case, and for that purpose-
 
                (a)     shall, if the applicant so requests in writing, hear the applicant
                either in person or by a legal representative of his choice, according 
                to the terms of the request, and shall consider any representations 
                that he wishes to make in writing;
 
                (b)     may hear any other person who, in the opinion of the Board, 
                is able to give the Board information on the case; and
 
                (c)     shall have access to, and shall consider, all documents that
                were available to the Commission or authority concerned and shall
                also consider any further document relating to the case that may be
                produced by or on behalf of the applicant or the Commission or 
                authority.
 
         (4)   When the Board has completed its consideration of the case, then-
 
                (a)    if the decision that is the subject of reference to the Board is 
                such a decision as is mentioned in sub-paragraph (1)(a) of this 
                Article, the Board shall advise the appropriate Service Commission 
                or authority whether the decision should be affirmed, reversed or 
                modified and the Commissioner authority shall act in accordance 
                with that advice; and
 
               (b)    if the decision that is the subject of the reference to the Board 
               is such a decision as is referred to in sub-paragraph (1)(b) of (c) of 
               this Article, the Board shall not have power to advise the Commission 
               or authority concerned to affirm, reverse or modify the decision but-
 
                       (i)      where the officer has been removed from office the Board
                       may direct that there shall be granted all or any part of the
                       award that, under any law, might have been granted in respect 
                       of his service in a public office if he had retired voluntarily at the 
                       date of his removal and may direct that any law with respect to
                       awards shall in any other respect that the Board may specify 
                       have effect as if he had so retired, and
 
                       (ii)     where some other disciplinary action has been taken in
                       relation to the office the Board may direct that, on the grant of
                       any award under any law in respect of the officer's service in a 
                       public office, that award shall be increased by such amount or 
                       shall be calculated in such manner as the Board may specify 
                       in order to offset all or any part of the reduction in the amount 
                       of that award that, in the opinion of the Board, would or might
                       otherwise be a consequence of the provisions of any other law.
 
        (5)    If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.
 
        (6)    For the purposes of this Article-
 
                (a)   "legal representative" means a person entitled to practice in
                The Bahamas as a Counsel and Attorney of the Supreme Court; 
                and
 
                (b)    a notice shall be deemed to have been delivered to an office one
                 week after it has been posted if, in the case of an officer on pension
                 and resident outside The Bahamas whose residential address cannot 
                 be ascertained, it has been posted addressed to him at the address 
                 to  which his pension is being paid.
 
Part IV
Miscellaneous
 
125.   (1)   In relation to any Commission established by this Chapter the Governor-General, acting in accordance with the advice of the Commission, may by regulation or otherwise regulate its procedure and, subject to the consent of the Prime Minister, confer powers and impose duties on any public officer or any authority of the Government for the purpose of the discharge of the functions of the Commission.
 
         (2)   At any meeting of any Commission established by this Chapter a quorum shall be constituted if a majority of the members are present; and, if a quorum is present, the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members or the absence of any member, and any proceedings of the Commission shall be valid notwithstanding that some person who was not entitled so to do took part therein.
 
        (3)   Any question proposed for decision at any meeting of any Commission established by this Chapter shall be determined by a majority of the votes of the members thereof present and voting, and if on any such question the votes are equally divided the member presiding shall have and exercise a casting vote.
 
        (4)   Any question whether-
 
              (a)     any Commission established by this Chapter has validly
              performed any functions vested in it or under this Chapter;
 
              (b)     any person has validly performed any functions delegated to 
              him; or
 
              (c)     any member of such a Commission or any other person or
              authority has validly performed any other function in relation to the 
              work of the Commission,
 
shall not be inquired into in any court.
 
126.  (1)    A member of a Commission established under this Chapter may be removed from office only for inability to exercise the function of his office (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 this Article.
 
        (2)   A member of a Commission shall be removed from office by the Governor-General if the question of his removal from office has been referred to a tribunal appointed under paragraph (3) of this Article and the tribunal has recommended to the Governor-General that he ought to be removed from office for inability as aforesaid or for misbehaviour.
 
        (3)   If the Governor-General, acting in accordance with the advice of the prescribed authority, considers that the question of removing a member of a Commission under this Article ought to be investigated, then-
 
               (a)     the Governor-General, acting in accordance with the advice of
               the prescribed authority shall appoint a tribunal which shall consist of
               a chairman and not less than two other members, selected by the 
               Chief Justice, or where the question concerns the Chairman of the 
               Judicial and Legal Service Commission by the President of the Court 
               of Appeal, from among persons who hold or have held or are qualified 
               to hold office as a Justice of the Supreme Court; and
 
               (b)     the tribunal shall inquire into the matter and report on the
               facts thereof the Governor-General and recommend to him whether 
               the member ought to be removed under this Article.
 
       (4)    If the question of removing a member of a Commission has been referred to a tribunal under this Article, the Governor-General, acting in accordance with the advice of the prescribed authority, may suspend that member from the exercise of the functions of his office and any such suspension may be at any time revoked by the Governor-General, and shall in any case cease to have effect if the tribunal recommends to the Governor-General that member should not be removed.
 
        (5)    In this Article-
 
                "Commission" includes the Public Service Board of Appeal;
          
                "the prescribed authority" means-
 
                 (a)     in relation to the Public Service Commission or the Judicial
                 and Legal Service Commission, the Prime Minister when the
                 question concerns the Chairman of either of those Commissions, 
                 and the Chairman of the Commission concerned when the question
                 concerns any other member of either of those Commissions; and
 
                 (b)     in relation to the Public Service Board of Appeal or the
                 Police Service Commission, the Prime Minister.
 
127.           In this Constitution references to the public service shall not be construed as including service in-
 
                 (a)      the office of Governor-General, Prime Minister or other
                 Minister, Parliamentary Secretary, Leader of the Opposition, 
                 President and Vice-President of the Senate, Senator, Speaker 
                 and Deputy Speaker of the House of Assembly, or member of 
                 the House of Assembly;
 
                 (b)      the office of a member of the Public Service Commission, 
                 the Public Service Board of Appeal, the Judicial and Legal Service
                 Commission or the Police Service Commission;
 
                 (c)      the staff of the Department of Tourism or of any other 
                 department or agency of the Government established for special
                 purposes by any law which specifies that offices therein shall not 
                 be public offices for the purposes of this Constitution;
 
                 (d)    the office of a member of any board, committee or other 
                 similar body (whether incorporated or not) established by any 
                 law in force in The Bahamas; or
 
                 (e)     except as otherwise provided in this Constitution the office 
                 of a Justice of the Supreme Court, a Justice of Appeal or any office 
                 on the personal staff of the Governor-General.
 
 
 
 
 
 
Arrangement of Articles     1  2  3  4  5  6  7  8  9  10       BACK TO LEGISLATION A-D
 
 
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