Jamaica 1962 Constitution (reviewed 2015) - Page 9 of 10

Table of Contents

CHAPTER IX. THE PUBLIC SERVICE

PART 1. General

123. Interpretation

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.

124. Public Service Commission

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 Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may from time to time decide.
The members of the Public Service Commission 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 Broad Seal:Provided that one such member shall be so appointed by the Governor-General 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 Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, have succeeded to the functions of that Association).
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.
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 Governor-General acting on the advice of the Public Service Commission.
The office of a member of the Public Service Commission shall become vacant—
1. 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;
2. if he resigns his office;
3. 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
4. if the Governor-General, 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.
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 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 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 Governor-General acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
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—
1. no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and
2. the salary of a member of the Public Service Commission shall not be reduced during his continuance in office.
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.

125. Appointment, etc. of public officers

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 Governor-General acting on the advice of the Public Service Commission.
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.
Before the Governor-General 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 Governor-General shall not act in accordance with the advice but shall refer the case to the Privy Council accordingly:Provided that the Governor-General, 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.
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 Governor-General what action should be taken in respect of the officer, and the Governor-General shall then act in accordance with such advice.
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.

126. Permanent Secretaries

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 Governor-General acting on the recommendation of the Public Service Commission.
Before the Governor-General 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.
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.
For the purposes of this section the office of Financial Secretary shall be deemed to be the office of a Permanent Secretary.

127. Delegation of functions of Public Service Commission

The Governor-General, acting on the advice of the Public 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 Governor-General 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.
In relation to any power made exercisable under subsection (1) of this section by some person or authority other than the Governor-General 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 Governor-General acting on such advice.
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 Governor-General 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.
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 Governor-General 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 Governor-General shall then take such action in respect of that officer as the Privy Council may advise:Provided that—
1. 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
2. before advising the Governor-General under this subsection, the Privy Council shall consult with the Public Service Commission.

128. Appointment, etc. of principal representatives of Jamaica abroad

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 Governor-General, acting in accordance with the advice of the Prime Minister.
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.
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.

PART 2. Police

129. Police Service Commission

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 Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, may from time to time decide.
The members of the Police Service Commission shall be appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition, by instrument under the Broad Seal.
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.
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 Governor-General acting on the advice of the Police Service Commission.
The office of a member of the Police Service Commission shall become vacant—
1. 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;
2. if he resigns his office;
3. 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;
4. if the Governor-General, 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.
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 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 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 Governor-General, acting on the recommendation of the Prime Minister after consultation with the Leader of the Opposition.
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—
1. no such resolution may reduce any salary or allowance for the time being prescribed by or under a law; and
2. the salary of a member of the Police Service Commission shall not be reduced during his continuance in office.
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.

130. Appointment, etc. of police officers

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.

131. Delegation of functions of Police Service Commission

The Governor-General, 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 Governor-General 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.
The offices to which this section applies are the offices of all police officers not above the rank of inspector.
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 Governor-General 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.
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 Governor-General 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 Governor-General shall then take such action in respect of that officer as the Privy Council may advise:Provided that—
1. 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
2. before advising the Governor-General under this subsection, the Privy Council shall consult with the Police Service Commission.

PART 3. Pensions

132. Applicability of pension law

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, dependants 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 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.
For the purposes of this section the relevant day is—
1. in relation to an award granted before the appointed day, the day on which the award was granted;
2. 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;
3. 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.
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.
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.

133. Pensions, etc. to be charged on Consolidated Fund

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.

134. Grant and withholding of pensions, etc

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 Governor-General.
The power vested in the Governor-General by subsection (1) of this section shall be exercised by him—
1. 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—
  1. as a Judge of the Court of Appeal;
  2. as a Judge of the Supreme Court;
  3. 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;
2. 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 Police Service Commission; and
3. in the case of an award payable to any other person, on the recommendation of the Public Service Commission.
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.