| 198. |
(1) |
The
members of the Judicial Service Commission shall be
– |
Composition of
Commission. |
| |
|
(a) |
the
Chancellor, who shall be Chairman; |
| |
|
(b) |
the
Chief Justice; |
| |
|
(c) |
the
Chairman of the Public Service Commission; and |
| |
|
(d) |
such
other members (hereinafter referred to as "appointed members")
as may be appointed in accordance with the provisions of the
next following paragraph. |
| |
(2) |
The
appointed members shall be appointed by the President, acting
after consultation with the Minority Leader, as follows, that
is to say – |
| |
|
(a) |
one
from among persons who hold or have held office as a judge
of a court having unlimited jurisdiction in civil and criminal
matters in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court; and |
| |
|
(b) |
not
less than one and not more than two from among persons who
are not attorneys-at-law in active practice, after the President
has also consulted such bodies as appear to him represent
attorneys-at-law in Guyana:
Provided that a person shall be
disqualified for appointment as a member of the Commission
if he is a public officer.
|
| |
(3) |
Subject
to the provisions of the next following paragraph, the office
of an appointed member of the Judicial 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; or |
| |
|
(b) |
if
he is appointed to the office of Chancellor, Chief Justice
or Chairman of the Public Service Commission or of the Teaching
Service Commission or if he becomes a public officer. |
| |
(4) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of an appointed member of the Judicial Service Commission,
and for the purposes of paragraphs (4) and (6) of that article
the prescribed authority shall be the Prime Minister and the
Chancellor respectively. |
| |
(5) |
If
the office of an appointed member is vacant or an appointed
member is for any reason unable to perform the functions of
his office, a person may be appointed to act in that office
and the provisions of paragraph (2) shall apply to such an
appointment as they apply to the appointment of a person to
hold the office of the member concerned; and any person appointed
to act in the office of an appointed member shall, subject
to the provisions of paragraphs (3) (b) and (4), continue
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, until the holder thereof resumes those
functions. |
| |
(6) |
A
person shall not, while he holds or is acting in the office
of a member appointed under paragraph (2)(b), or within period
of three years commencing with the date on which he last held
or acted in that office, be eligible for appointment to or
to act in any office power to make appointments to which is
vested by this Constitution in the President acting in accordance
with the advice of the Judicial Service Commission or in that
Commission. |
| |
(7) |
If,
by virtue of provision made by Parliament under article 199(3)
or article 203(6), power to make appointments to or to act
in any office or to remove or exercise disciplinary control
over persons holding or acting in any office is vested in
the President acting in accordance with the advice of the
Judicial Service Commission or is vested in the Judicial Service
Commission, Parliament may provide for the inclusion in the
Commission, for the purpose of the exercise of any function
or power vested in the Commission by virtue of that provision
and of any proceedings of the Commission relating thereto,
of members additional to those mentioned in paragraph (1)
and for the appointment (including disqualifications for appointment)
and tenure of office of such additional members; and provision
for the inclusion of different additional members may be made
in relation to functions or powers vested in the Commission
as aforesaid in relation to different offices. |
| 199. |
(1) |
The
power to make appointments to the offices to which this article
applies and to remove and to exercise disciplinary control
over persons holding or acting in such offices shall vest
in the Judicial Service Commission. |
Appointment, etc., of judicial
and legal officers. |
| |
(2) |
The
Judicial Service Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate
any of its powers under the preceding paragraph to any one
or more of its members or to any person holing or acting in
an office in respect of which power to make appointments vested
in the President acting in accordance with the advice of the
Commission or to which this article applies. |
| |
|
Amended
by Act No. 17 of 1984 by insertion of paragraphs (2A) and
(2B): |
| |
(2A) |
Where
any power of the Judical Service Commission is exercised under
paragraph (2), any person in respect of whom the power was
exercised (including a person who has failed to obtain an
appointment) may appeal to that Commission for the decision
of the person exercising the power. |
17 of 1984. |
| |
(2B) |
The
decision of the Judicial Service Commission on any appeal
made under paragraph (2A) shall be final. |
| |
(3) |
This
article applies to the office of Commissioner of Title, Magistrate
and to such other offices (not being offices in respect of
which provision for the making of appointments is made by
any provision of this Constitution other than article 201)
connected with the courts of Guyana or for appointment to
which legal qualifications are required as may be prescribed
by Parliament. |
| The
Public Service Commission |
| 200. |
(1) |
The
Public Service Commission shall consist of not less than five
and not more than six members who shall be appointed as follows,
that is to say – |
Composition of Commission. |
| |
|
(a) |
three
members appointed by the President acting after consultation
with the Minority Leader; |
| |
|
(b) |
two
members appointed by the President acting after he has consulted
such bodies as appear to him to represent public officers
or classes of public officers; and |
| |
|
(c) |
if
the President deems fit, one other member appointed by the
President acting in accordance with his own deliberate judgment:
Provided that a person shall be
disqualified for appointment as a member of the Commission
if he is a public officer.
|
| |
(2) |
A
Chairman and a Deputy Chairman of the Public Service Commission
shall be appointed from among the members appointed under
subparagraphs (a) and (b) of the preceding paragraph. The
appointments shall be made by the President acting after consultation
with the Minority Leader and, in the case of the Deputy Chairman,
acting also after consultation with such bodies as appear
to him to represent public officers or classes of public officers. |
| |
(3) |
Subject
to the provisions of the next following paragraph, the office
of a member of the Public Service Commission shall become
vacant 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. |
| |
(4) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of a member of the Public Service Commission, and for the
purposes of paragraphs (4) and (6) of that article the prescribed
authority shall be the Prime Minister except that, in relation
to a member other than the Chairman or a member for the time
being acting in the office of Chairman under the next following
paragraph, the prescribed authority for the purposes of the
said paragraph (6) shall be the Chairman. |
| |
(5) |
If
the office of Chairman of the Public Service Commission is
vacant or the holder thereof is for any reason unable to perform
the functions of his office, then the holder of the office
of Deputy Chairman, or if that office is vacant or the holder
thereof is for any reason unable to perform the functions
of the office of Chairman, such one of the other members as
the President, acting after consultation with the Minority
Leader, may appoint shall act in the office of Chairman and
has assumed the functions of that office or, as the case may
be, until the Chairman, or if a member other than the Deputy
Chairman has assumed or resumed those functions. |
| |
(6) |
If
the office of a member of the Public Service Commission other
than the Chairman is vacant or if the holder thereof is acting
as Chairman under the preceding paragraph or is for any other
reason unable to perform the functions of his office, a person
may be appointed to act in that office and the provisions
of paragraph (1) shall apply to such an appointment as they
apply to the appointment of a person to hold the office of
the member concerned; and any person appointed under this
paragraph shall, subject to the provisions of paragraph (4),
continue 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, until the holder thereof resumes those
functions. |
| |
(7) |
A
person shall not, while he holds or is acting in the office
of a member of the Public Service Commission or 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 or
to act in any office power to make appointments to which is
vested by this Constitution in the President acting in accordance
with the advice of the Public Service Commission or in that
Commission. |
| 201. |
(1) |
Subject
to the provisions of this Constitution, the power to make
appointments to public offices and to remove and to exercise
disciplinary control over persons holding or acting in such
offices shall vest in the Public Service Commission. |
Appointment, etc., of public
officer. |
| |
(2) |
The
Public Service Commission may, be directions in writing subject
to such conditions as it thinks fit, delegate any of its powers
under the preceding paragraph to any one or more members of
the Commission or, with the consent of the Prime Minister,
to any public officer, or, in relation to any office on the
staff of the Clerk of the National Assembly, to the Clerk. |
| |
(3) |
No
person shall be appointed under this article to or to act
in any office on the personal staff of the President except
with the concurrence of the President. |
| |
(4) |
Before
the Public Service Commission or any member or officer exercising
powers under this article appoints to or to act in any public
office any person who holds or is acting in any office power
to make appointments to which is vested under this Constitution
in the Judicial or the Teaching or the Police Service Commission,
the Public Service Commission or that member or officer shall
consult with the Commission in which that power is vested. |
| |
(5) |
Before
the Public Service Commission or any member thereof exercises
any of the powers mentioned in paragraph (1) in relation to
any office on the staff of the Clerk of the National Assembly
(other than the Deputy Clerk) or any person holding or acting
in such an office, the Commission or that member shall consult
the Clerk. |
| |
(6) |
A
public officer shall not be removed from office or subjected
to any other punishment under this article on the grounds
of any act committed by him in the exercise of a judicial
function conferred on him unless the Judicial Service Commission
concurs therein. |
| |
(7) |
The
provisions of this article shall not apply in relation to
any of the following offices, that is to say – |
| |
|
(a) |
the
office of Director of Public Prosecutions; |
| |
|
(b) |
the
office of Auditor General; |
| |
|
(c) |
any
office to which article 205 applies; |
| |
|
(d) |
so
far as they relate to power to make appointments on transfer,
any office to which article 206 applies; |
| |
|
(e) |
any
office to which article 199 (relating to offices within the
jurisdiction of the Judicial Service Commission) applies; |
| |
|
(f) |
any
office to which article 209 (relating to offices within the
jurisdiction of the Teaching Service Commission) applies;
or |
| |
|
(g) |
the
office of Commissioner of Police or any other office in the
Police Force. |
| 202. |
(1) |
Where
any power of the Public Service Commission is exercised under
article 201(2) any person in respect of whom the power was
exercised (including a person who has failed to obtain an
appointment) may appeal to the Commission from the decision
of the person exercising the power. |
Appeals to Public Service
Commission. |
| |
|
Amended
by Act No. 17 of 1984 by the insertion in paragraph (2) of
the words "Subject to the other provisions of this Constitution": |
| |
(2) |
Subject
to the other provisions of this Constitution, the decision
of the Public Service Commission on any appeal made under
paragraph (1) shall be final. |
17 of 1984. |
| 203. |
(1) |
The
Director of Public Prosecutions (in his article referred to
as "the Director") shall be appointed by the President acting
in accordance with the advice of the Public Service Commission
tendered after the Commission has consulted the Prime Minister. |
Appointment, etc., of Director
of Public Prosecution. |
| |
(2) |
If
the office of the Director is vacant or if the holder thereof
is for any reason unable to perform the functions thereof,
the President, acting in accordance with the advice of the
Public Service Commission, tendered as aforesaid, may appoint
a person to act in the office of the Director, and any person
so appointed shall, subject to the provisions of paragraphs
(4) and (5), continue to act until a person has been appointed
to the office of the Director and has assumed the functions
of that office or, as the case may be, until the holder thereof
has resumed those functions. |
| |
(3) |
A
person shall not be qualified to be appointed to hold or to
act in the office of the Director unless he is qualified to
be appointed as a Puisne Judge of the High Court. |
| |
(4) |
Subject
to the provisions of the next paragraph, the Director shall
vacate his office when he attains the age of sixty years:
Provided that the President, acting
after consultation with the Minority Leader, may permit
a Director who has attained the age of sixty years to continue
in office until he has attained such later age, not exceeding
sixty-five years, as may (before the Director has attained
the age of sixty years) have been agreed with the Director.
|
| |
(5) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of the director, and the prescribed authority for the purposes
of paragraph (4) of that article shall be the Prime Minister
or the Chairman of the Public Service Commission and for the
purposes of paragraph (6) of that article shall be the Public
Service Commission. |
| |
(6) |
Parliament
may provide that appointments to, or to act in, the office
of the Director shall be made by the President acting in accordance
with the advice of the Judicial Service Commission instead
of the Public Minister or the Chairman of the Public Service
Commission in paragraphs (1), (2) and (5) of this article
shall have effect as if they were references to the Judicial
Service Commission. |
| 204. |
(1) |
The
Auditor General shall be appointed by the President, acting
in accordance with the advice of the Public Service Commission. |
Appointment, etc., of the
Auditor General. |
| |
(2) |
If
the office of Auditor General is vacant or the holder of the
office is for any reason unable to perform the functions thereof,
the President, acting in accordance with the advice of the
Public Service Commission, may appoint a person to act in
the office, and any person so appointed shall, subject to
the provisions of paragraphs (3) and (4), continue to act
until a person has been appointed to the office of the Auditor
General and has assumed the functions of that office or, as
the case may be, until the holder thereof has resumed those
functions. |
| |
(3) |
Subject
to the provisions of the next following paragraph, the Auditor
General shall vacate his office when he attains such age as
may be prescribed by Parliament. |
| |
(4) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of Auditor General, and the prescribed authority for the purposes
of paragraph (4) of that article shall be the Prime minister
or the Chairman of the Public Service Commission and for the
purposes of paragraph (6) of that article shall be the Public
Service Commission. |
| 205. |
(1) |
The
power to make appointments to the offices to which this article
applies and to remove from office persons holding or acting
in such offices shall vest in the President. |
Appointments of Solicitor
General and others. |
| |
(2) |
Before
making an appointment under paragraph (1) in favour of any
person who holds any public office other than an office to
which this article applies, the president shall consult the
appropriate Commission. |
| |
(3) |
The
offices to which this article applies are the offices of Solicitor
General, Permanent Secretary, Secretary to the Cabinet, Ambassador,
High Commissioner or other principal representative of Guyana
in any other country or accredited to any international organisation. |
| |
(4) |
In
paragraph (2) of this article "the appropriate Commission"
means, in the case of a person who holds an office power to
make appointments to which is vested in the President acting
in accordance with the advice of the Judicial Service Commission
or is vested in that Commission, the Judicial Service Commission,
in the case of a person who is a teacher in the public service,
the Teaching Service Commission, in the case of a person who
holds an office power to make appointments to which is vested
in the President acting in accordance with the advice of the
Police Service Commission, and in any other case the Public
Service Commission. |
| 206. |
(1) |
The
power to make appointments on transfer to the offices to which
this article applies shall vest in the President. |
Appointments on transfer
to certain offices. |
| |
(2) |
The
offices to which this article applies are – |
| |
|
(a) |
offices
(other than those to which the preceding article applies)
the holders of which are required to reside outside Guyana
for the proper discharge of their functions; and |
| |
|
(b) |
such
offices in the department responsible for the external affairs
of Guyana as may from time to time be designated by the President. |
| The
Teaching Service Commission |
| 207. |
(1) |
The
Teaching Service Commission shall consist of a Chairman and
not more than six other members. |
Composition of Commission. |
| |
(2) |
Six
of the members of the Commission (hereinafter referred to
as "appointed members") shall be appointed as follows
– |
| |
|
(a) |
one
person appointed as Chairman of the Commission by the President
acting after consultation with such bodies as appear to him
to represent teachers; |
| |
|
(b) |
one
person appointed by the President on the nomination of the
Guyana Teachers' Association; |
| |
|
(c) |
one
person nominated for appointment by the Minister assigned
responsibility for local government after that Minister has
consulted with such body as appears to him to represent the
interests of local democratic organs; and |
| |
|
(d) |
three
persons appointed by the President. |
| |
(3) |
The
other member of the Commission shall be the Chief Education
Officer. |
| |
(4) |
A
Deputy Chairman of the Commission shall be appointed by the
President from among the appointed members. |
| |
|
Amended
by Act No. 17 of 1984 by substitution of paragraph (5) as
follows: |
| |
(5) |
A
person shall be disqualified for appointment as an appointed
member of the Commission if he is a public officer. |
17 of 1984. |
| |
(6) |
A
person shall not while he is holding or is acting in the office
of a member of the Commission or within three years commencing
with the date on which he last held or acted in that office
be eligible for appointment as a teacher in the public service. |
| |
(7) |
The
Chairman, the Deputy Chairman and one other member designated
as such in the instrument appointing him shall be full-time
members of the Commission. |
| |
(8) |
The
president may grant leave of absence to any appointed member
of the Commission. |
| |
(9) |
An
appointed member of the Commission may at any time resign
his office as such member by writing under his hand addressed
to the President. |
| |
(10) |
An
appointed member of the Commission shall be eligible for re-appointment. |
| 208. |
(1) |
Subject
to the provisions of this article, the office of an appointed
member of the Commission shall become vacant at the expiration
of three years from the date of his appointment at such earlier
time as may be specified in the instrument by which he was
appointed. |
Vacation of office of appointed
member of the Commission. |
| |
(2) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of an appointed member of the Teaching Service Commission,
and for the purposes of paragraphs (4) and (6) of that article
the prescribed authority shall be the Prime Minister, except
that, in relation to a member other than the Chairman of the
Commission or a member for the time being acting in the office
of Chairman, the prescribed authority for the purposes of
the said paragraph (6) shall be the Chairman of the Commission. |
| |
(3) |
The
provisions of paragraph (2) shall be without prejudice to
the power of the President to revoke the appointment of a
member of the Commission appointed under paragraph (2)(b)
of article 207 on a request being made for such revocation
to the President by the Guyana Teachers' Association. |
| 209. |
(1) |
Subject
to the provisions of this Constitution, the power to appoint
persons as teachers in the public service and to remove and
to exercise disciplinary control over persons holding or acting
in such offices shall vest in the Teaching Service Commission. |
Appointment of teachers. |
| |
|
Amended
by Act No. 17 of 1984 by insertion of paragraphs (2), (3)
and (4): |
| |
(2) |
The
Teaching Service Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate
any of its powers under paragraph (1) to any one or more of
its members or, with the consent of the Prime Minister, to
any public officer. |
| |
(3) |
Where
any power of the Teaching Service Commission is exercised
under paragraph (2), any person in respect of whom the power
was exercised (including a person who has failed to obtain
an appointment) may appeal to that Commission from the decision
of the person exercising the power. |
| |
(4) |
Subject
to the other provisions of this Constitution, the decision
of the Teaching Service Commission on any appeal made under
paragraph (3) shall be final. |
| The
Police Service Commission |
| 210. |
(1) |
The
Police Service Commission shall consist of – |
Composition of
Commission. |
| |
|
(a) |
a
Chairman appointed by the President acting after consultation
with the Minority Leader from among members appointed under
subparagraph (d); |
| |
|
(b) |
the
Chairman of the Public Service Commission; |
| |
|
(c) |
one
person appointed by the President after consultation with
such body as appears to him to represent the majority of members
of the Police Force; and |
| |
|
(d) |
not
more than three members exclusive of the Chairman of the Public
Service Commission (in this article referred to as "appointed
members") who shall be appointed by the President acting after
consultation with the Minority Leader:
Provided that a person shall be
disqualified for appointment as a member of the Commission
if he is a public officer.
|
| |
(2) |
Subject
to the provisions of the next following paragraph, the office
of an appointed member of the Police Service Commission shall
become vacant 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. |
| |
(3) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of an appointed member of the Police Service Commission. In
the case of an appointed member other than the Chairman, the
prescribed authority for the purposes of paragraph (4) of
that article shall be the Prime Minister or the Chairman and
for the purposes of paragraph (6) of that article shall be
the Chairman. In the case of the Chairman the prescribed authority
for the purposes of paragraphs (4) and (6) of article 225
shall be the Prime Minister. |
| |
(4) |
If
the office of an appointed member of the Police Service Commission
is vacant or if the holder thereof is for any reason unable
to perform the functions of his office, the President, acting
after consultation with the Minority Leader, may appoint a
person who is qualified to be appointed as a member of the
Commission to act in that office; and any person so appointed
shall, subject to the provisions of paragraph (3), continue
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, until the holder thereof resumes those
functions. |
| |
(5) |
A
person shall not, while he holds or is acting in the office
of an appointed member of the Police Service Commission or
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 or to act in any public office. |
| 211. |
(1) |
The
Commission of Police and every Deputy Commissioner of Police
shall be appointed by the President acting after consultation
with the Police Service Commission. |
Appointment, etc.,
of Commissioner of Police and Deputy Commissioners. |
| |
(2) |
If
the office of Commissioner of Police is vacant or if the holder
thereof is for any reason unable to perform the functions
of his office, a person may be appointed to act in that office
and the provisions of the preceding paragraph shall apply
to such an appointment as they apply to the appointment of
a person to hold that office; and any person appointed to
act in the office of Commissioner of Police shall, subject
to the provisions of paragraphs (3) and (4), continue to act
until a person has been appointed to that office and has assumed
the functions thereof or, as the case may be, until the holder
thereof resumes those functions. |
| |
(3) |
Subject
to the provisions of the next following paragraph, the Commissioner
of Police shall vacate his office when he attains such age
as may be prescribed by Parliament. |
| |
(4) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of Commissioner of Police, and the prescribed authority for
the purposes of paragraph (4) of that article shall be the
Prime Minister or the Chairman of the Police Service Commission
and for the purposes of paragraph (6) of that article shall
be the Police Service Commission. |
| |
(5) |
The
provisions of article 229
shall apply to resignation from the office of Commissioner
of Police as they apply to resignation from an office established
by this Constitution. |
| |
(6) |
In
this article references to the office of Deputy Commissioner
of Police are references to the office, however styled, that
ranks next in seniority in the Police Force after the office
of Commissioner of Police, provided that there may be more
than one office of Deputy Commissioner of Police and that,
if there are more than one such office, the holders thereof
shall rank among themselves according to the dates of their
respective appointments. |
| 212. |
(1) |
Subject
to the provisions of article 211(1), the power to make appointments
to any offices in the Police Force of or above the rank of
Inspector, the power to exercise disciplinary control over
persons holding or acting in such offices and the power to
remove such persons from office shall vest in the Police Service
Commission. |
Appointment, etc., of other
members of Police Force. |
| |
(2) |
The
Police Service Commission may, by directions in writing and
subject to such conditions as it thinks fit, delegate many
of its powers under the preceding paragraph to any one or
more members of the Commission or to the Commissioner of Police
or, in the case of the power to exercise disciplinary control,
to any other member of the Police Force. |
| |
(3) |
The
power to make appointments to any offices in the Police Force
below the rank of Inspector, the power to exercise disciplinary
control over persons holding or acting in such offices and
the power to remove such persons from office shall vest in
the Commissioner of Police. |
| |
(4) |
The
Commissioner of Police may, by directions given in such manner
as he thinks fit and subject to such conditions as he thinks
fit, delegate any of his powers under the preceding paragraph
to any other member of the Police Force. |
| |
(5) |
Parliament
may provide that, where the power to exercise disciplinary
control over any member of the Police Force (including the
power to remove him from office) has been exercised under
this article by any person (hereinafter referred to as "the
disciplinary authority") other than the Police Service Commission,
the member of the Police Force in respect of whom it was exercised
may appeal from the decision of the disciplinary authority
to the Police Service Commission:
Provided that Parliament or, in
the case of a decision of the disciplinary authority that
is made in the exercise of a power delegated to that authority
that is made in the exercise of a power delegate to that
authority under the preceding paragraph, the Commissioner
of Police may require appeals to be made to the Commissioner
of Police or a member of the Police Force of higher rank
than the disciplinary authority before they are made to
the Police service Commission.
|
| |
(6) |
Parliament
may make provision with respect to offences against Police
Force discipline and the punishment that may be imposed for
any such offence, and any power to exercise disciplinary control
including any power to remove a person from office or to determine
an appeal from a decision to exercise such a power that is
exercisable by any person or authority under the provisions
of this article shall be exercised in accordance with any
such provision. |
| |
(7) |
Before
the Police Service Commission or any member of the Commission
or of the Police Force exercising powers under this article
appoints to or to act in a notice in the Police Force any
person who holds or is acting in any office power to make
appointments to which is vested under this Constitution in
the Judicial, the Public or the Teaching Service Commission,
the Police Service Commission or that member shall consult
the Commission in which that power in vested. |
| |
(8) |
If
provision is made by or under any law – |
| |
|
(a) |
altering
the ranks into which the Police Force established by the Police
Act, is divided; or |
Cap. 16:01 |
| |
|
(b) |
establishing
a police force other than that Police Force, or altering the
ranks into which any such other police force is divided, The
Police Service Commission may be ordered to specify some rank
(other than the rank of Inspector) in the Police Force or,
as the case may be, in that other police force as being equivalent
to the rank of Inspector as it exists in the Police Force
under the law in force immediately before the commencement
of this Constitution and the references in paragraphs (1)
and (3) to the rank of Inspector shall then be construed as
if they were, in relation to the Police Force, or, as the
case may be, in relation to that other police force, references
to the rank for the time being so specified. |
| Pensions |
| 213. |
(1) |
Subject
to the provisions of the next following article, the law applicable
to any benefits to which this article applies shall, in relation
to any person who has been granted, or who is eligible for
the grant or, such benefits, be that in force on the relevant
date or any later law that is not less favourable to that
person. |
Protection of pension rights. |
| |
(2) |
In
the preceding paragraph "the relevant date" means – |
| |
|
(a) |
in
relation to any benefits granted before the commencement of
this Constitution the date on which those benefits were granted; |
| |
|
(b) |
in
relation to any benefits granted or to be granted after the
commencement of this Constitution to or in respect of any
person who was a public officer before such commencement,
the day immediately preceding such commencement; and |
| |
|
(c) |
in
relation to any benefits granted or to be granted to or in
respect of any person who becomes a public officer after the
commencement of this Constitution, 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 favourable to him than
the other law or laws. |
| |
(4) |
Any
benefit to which this article applies (not being a benefit
that is a charge upon some other public funds of Guyana) shall
be a charge upon the Consolidated Fund. |
| |
(5) |
In
this article references to the law applicable to any benefits
to which this article applies include (without prejudice to
their generality) references to any law relating to the time
at which and the manner in which any person may retire in
order to become eligible for those benefits. |
| 214. |
(1) |
Where
under any law any person or authority has a discretion
– |
Power of Commissions
in relation to pensions, etc. |
| |
|
(a) |
to
decide whether or not any benefits to which this article applies
shall be granted; or |
| |
|
(b) |
to
withhold, reduce in amount or suspend any such benefits that
have been granted, those benefits shall be granted any may
not be withheld, reduced in amount or suspended unless the
appropriate Commission concurs in the refusal to grant the
benefits or, as the case may be, in the decision to withhold
them, reduce them in amount or suspend them. |
| |
(2) |
Where
the amount of any benefits to which this article applies that
may be granted to any person is not fixed by law, the amount
of the benefits to be granted to him shall be the greatest
amount for which he is eligible unless the appropriated Commission
concurs in his being granted benefits of a smaller amount. |
| |
(3) |
The
appropriate Commission shall not concur under paragraph (1)
or paragraph (2) in action taken on the ground that any person
who holds or has held the office of a Judge of the Supreme
Court of Judicature, Director of Public Prosecutions, Auditor
General or Commissioner of Police has been guilty of misbehaviour
unless he has been removed from office by reason of such misbehaviour. |
| |
(4) |
In
this article "the appropriate Commission" means – |
| |
|
(a) |
in
the case of benefits for which any person may be eligible
or that have been granted in respect of the service in the
public service of a person who, immediately before he ceased
to be a public officer – |
| |
|
|
(i) |
was a
Judge of the Supreme Court of Judicature, or was the Director
of Public Prosecutions and provision was then in force under
article 203(6), or was subject to the disciplinary control
of the Judicial Service Commission, the Judicial Service Commission; |
| |
|
|
(ii) |
was a
teacher in the public service, the Teaching Service Commission; |
| |
|
|
(iii) |
was the
Commissioner of Police or other member of the Police Force,
the Police Service Commission; and |
| |
|
(b) |
in
any other case, the Public Service Commission. |
| 215. |
(1) |
The
preceding two articles apply to any benefits that are or may
become payable under any law providing for the grant of pensions,
compensation, gratuities or other like allowances to persons
in respect of their service as public officers or to the widows,
children, dependents or personal representatives of such persons
in respect of such service. |
Interpretation. |
| |
(2) |
The
said two articles and paragraph (1) of this article shall
have effect as if service as a Judge of the Supreme Court
of Judicature or as the Clerk or Deputy Clerk or the National
Assembly were service in the public service. |
| |
|
Amended
by Act No. 17 of 1984 by insertion of article 215A as follows: |
| Public
Service Appellate Tribunal |
| 215A. |
(1) |
Parliament
may, by law, provide for the establishment of a Public Service
Appellate Tribunal (hereafter in this article referred to
as the "Tribunal") consisting of a chairman and such number
of other members, being not less than two, as may be provided
by that law. |
Establishment
and functions of the Public Service Appellate Tribunal.
17 of 1984. |
| |
(2) |
The
chairman of the Tribunal shall be appointed by the President
by instrument in writing and shall be a person who – |
| |
|
(a) |
holds
or has held the office of a Judge of the Court of Appeal;
or |
| |
|
(b) |
is
qualified to be appointed as a Judge of the Court of Appeal
and holds or has held the office of a Judge of the High Court. |
| |
(3) |
A
person shall be disqualified for appointment as a member of
the Tribunal if he is a member of the Public Service Commission,
the Teaching Service Commission or the Police Service Commission
or is a public officer. |
| |
(4) |
A
person shall not, while he holds the office of a member of
the Tribunal or within a period of three years commencing
with the date on which he last held that office, be eligible
for appointment to, or act in, any office power to make appointments
to which is vested by this Constitution in – |
| |
|
(a) |
the
President acting in accordance with the advice of, or after
consultation with, the Public Service Commission or the Police
Service Commission; or |
| |
|
(b) |
the
Public Service Commission, the Teaching Service Commission
or the Police Service Commission. |
| |
(5) |
Where
a Tribunal has been established under paragraph (1), an appeal
shall lie to the Tribunal, subject to such conditions (if
any) as may be specified by or under the law by which it is
established, in respect of any matter so specified by or under
the law by which it is established, in respect of any matter
so specified, being a matter in respect of which the Public
Service Commission, the Teaching Service Commission, the Police
Service Commission or the Commissioner of Police is empowered
to make a decision under any provision of this Constitution:
Provided that no appeal shall lie
to the Tribunal –
|
| |
|
(a) |
from
any decision of the Public Service Commission or the Police
Service Commission in respect of appointment to any office
to which article 225
applies or in respect of any matter concerning any person
holding, or acting in, any such office; |
| |
|
(b) |
from
any decision of the Public Service Commission, the Teaching
Service Commission or the Police Service Commission in respect
of any appointment, in a case where such appointment is required
by this Constitution to be made after consultation with such
Commission; and |
| |
|
(c) |
from
any decision of the Public Service Commission in respect of
any matter referred to in article 210(6) to which the Judicial
Service Commission has concurred. |
| |
(6) |
Subject
to the provisions of this Constitution, the law referred to
in paragraph (1) may make, or authorise the making of, provisions
with respect to all matters connected with the Tribunal. |
| |
(7) |
Without
prejudice to the generality of the provisions of the preceding
paragraph, but subject to the provisions of this article,
such law may, in particular, make, or authorise the making
of, provisions for all or any of the following matters
– |
| |
|
(a) |
the
constitution of the Tribunal; |
| |
|
(b) |
the
terms and conditions of the appointment of the members of
the Tribunal and the qualifications and disqualifications
for such appointment; |
| |
|
(c) |
the
matters in respect of which, and the persons by whom, an appeal
to the Tribunal may be brought and all other matters relating
to the jurisdiction, powers and duties of the Tribunal; |
| |
|
(d) |
the
manner in which and the conditions, if any, subject to which
an appeal to the Tribunal may be brought, including conditions
with respect to the time within which the appeal may be brought
and the fee payable in respect of the appeal or any application
made to the Tribunal: and |
| |
|
(e) |
the
practice and procedure of the Tribunal. |
| |
(8) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of the chairman of the Tribunal, and for the purposes of paragraphs
(4) and (6) of that article the prescribed authority shall
be the Prime Minister. |
| |
(9) |
For
the avoidance of doubt it is hereby declared that the prohibition
in article 226(6)
against enquiry in any court into the question referred to
therein shall not apply to proceedings before the Tribunal. |
| |
(10) |
Save
as otherwise provided by Parliament by law, the Public Service
Commission, the Teaching Service Commission, the Police Service
Commission, the Commissioner of Police, every person to whom
any power of any of the aforesaid Commissions or of the Commissioner
of Police has been delegated and every public officer, whether
or not he is a person to whom any such power has been delegated,
and authority shall give effect as expeditiously as possible
to the decision of the Tribunal on any appeal brought to it
or any application made to it. |
| |
|
