Jamaica 1962 Constitution (reviewed 2015)

CHAPTER X.  MISCELLANEOUS

135. Powers and procedure of Commissions

1. In relation to any Commission established by this Constitution, 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 or such other Minister as may be authorised in that behalf by the Prime Minister, confer powers and impose duties on any public officer or any authority of the Government of Jamaica for the purpose of the discharge of the functions of the Commission.
2. At any meeting of any Commission established by this Constitution a quorum shall be constituted if three members are present. If a quorum is present the Commission shall not be disqualified for the transaction of business by reason of any vacancy among its members 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 Constitution 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.

136. Protection of Commissions, etc. from legal proceedings

The question whether—

1. any Commission established by this Constitution has validly performed any function vested in it by or under this Constitution;
2. any member of such a Commission or any other person or authority has validly performed any function delegated to such member, person or authority in pursuance of the provisions of section 113 or, as the case may be, of section 127 or of section 131 of this Constitution; or
3. 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 or in relation to any such function as is referred to in paragraph (b) of this section,

shall not be enquired into in any court.

137. Resignations

1. Any person who is appointed, elected or otherwise selected to any office established by this Constitution (including the office of Prime Minister or other Minister or Parliamentary Secretary) may resign from that office by writing under his hand addressed to the person or authority by whom he was appointed, elected or selected:Provided that in the case of—
   1. a person who holds office as President or Deputy President of the Senate his resignation from that office shall be addressed to the Senate;
   2. a person who holds office as Speaker or Deputy Speaker his resignation from that office shall be addressed to the House of Representatives;
   3. a member of the House of Representatives his resignation from the House shall be addressed to the Speaker.
2. The resignation of any person from any such office as aforesaid shall take effect when the writing signifying the resignation is received by the person or authority to whom it is addressed or any person authorised by that person or authority to whom it is addressed or by this Constitution to receive it.
3. A resignation that is required to be addressed to the President or Speaker shall, if the office of President or Speaker (as the case may be) is vacant, or the President or Speaker is absent from Jamaica, be received by the Deputy President or Deputy Speaker on behalf of the President or Speaker.

138. Re-appointments, etc

1. Where any person has vacated any office established by this Constitution (including the office of Prime Minister or other Minister or Parliamentary Secretary) he may, if qualified, again be appointed, elected or otherwise selected to hold that office in accordance with the provisions of this Constitution.
2. Without prejudice to the provisions of subsection (3) of this section, when the holder of any office constituted by or under this Constitution is on leave of absence pending relinquishment of that office, the person or authority having power to make appointments to that office may appoint another person thereto.
3. Where two or more persons are holding the same office by reason of an appointment made pursuant to subsection (2) of this section, the person last appointed shall, in respect of any function conferred on the holder of that office, be deemed to be the sole holder of that office.

FIRST SCHEDULE. OATHS (Sections 28, 29(2), 42(2), 43(2), 62, 74, 78(4), 102 and 108)

Oath of Allegiance.

I,                     , do swear that I will be faithful and bear true allegiance to Jamaica, that I will uphold and defend the Constitution and the laws of Jamaica and that I will conscientiously and impartially discharge my responsibilities to the people of Jamaica. So help me God.

Oath for the due execution of the office of Prime Minister or other Minister or Parliamentary Secretary.

I,                     , being appointed Prime Minister/Minister/Parliamentary Secretary, do swear that I will to the best of my judgment, at all times when so required, freely give my counsel and advice to the Governor-General (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Jamaica, and I do further swear that I will not on any account, at any time whatsoever, disclose the counsel, advice, opinion or vote of any particular Minister or Parliamentary Secretary and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Jamaica, directly or indirectly reveal the business or proceedings of the Cabinet or the nature or contents of any documents communicated to me as a Minister/Parliamentary Secretary or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Minister/Parliamentary Secretary. So help me God.

Judicial Oath.

I,                     , do swear that I will be faithful and bear true allegiance to Jamaica, that I will uphold and defend the Constitution of Jamaica and that I will administer justice to all persons alike in accordance with the laws and usages or Jamaica without fear or favour, affection or ill will. So help me God.

SECOND SCHEDULE. Number and Boundaries of Constituencies. (Section 67)

1. 1. The number of constituencies shall be such as will most conveniently permit the application of paragraphs 2 to 5 (inclusive) of this Schedule.

2

1. 1. The boundary of a constituency shall not cross the boundary of a Parish as delimited by the Counties and Parishes Law or by any law amending or replacing that law.
   2. There shall be at least two constituencies in each such parish.
2. Subject to the provisions of paragraphs 2 and 4 of this Schedule, the boundaries of each constituency shall be such that the number of the electorate thereof is as nearly equal to the electorate quota as is reasonably practicable.
3. The electorate of a constituency may be greater or less than the electorate quota in order to take account of—
   1. the varying physical features and transportation facilities within Jamaica; and
   2. the difference between urban and rural areas in respect of density of population:

   Provided that, subject to the provisions of paragraph 2 of this Schedule, the electorate of a constituency shall not—

   1. exceed the electorate quota by more than fifty per centum; or
   2. be less than sixty-six and two-thirds per centum of the electorate quota.
4. For the purposes of this Schedule—
   1. the electorate of a constituency means the number of persons whose names appear on the official lists of electors for the area comprised in that constituency in force on the enumeration date under the law for the time being regulating the conduct of elections;
   2. the “enumeration date” means, in relation to any report of the Standing Committee, the date on which the notice with respect to that report is published in accordance with subsection (7) of section 67 of this Constitution; and
   3. the “electorate quota” means the number obtained by dividing the total of the electorate of all the constituencies by the number of constituencies into which the Standing Committee recommends Jamaica should be divided.

THIRD SCHEDULE. Provisions Relating to Applicability of the Commissions of Enquiry Law to Tribunals Appointed under this Constitution (Sections 96(7), 100(7), 106(7) and 121(6))

1. The following provisions of the Law shall not apply, that is say:—
   1. section 2—whole section;
   2. section 3—so much of the section as follows the words “in his place”;
   3. section 5—whole section;
   4. section 7—the words “after taking such oath or affirmation”;
   5. section 15—whole section.
2. In section 13 there shall be substituted for the words “Such sums, so directed to be paid, shall be paid by the Accountant-General out of the ordinary cash balance in the Treasury”, the words “Such sums so directed to be paid, shall be charged on and paid out of the Consolidated Fund”.
3. All powers and duties conferred or imposed on the Governor-General under the Law shall be exercised or performed by him acting in each case in the manner prescribed by this Constitution.