Relevant constitutional provisions

Here are the main constitutional and other provisions that are germane to the Public Service Commission.






124.-(1) There shall be a Public Service Commission for
Jamaica consisting of a Chairman and such number of other
members, being not less than three nor more than sion.
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.


(2) 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).



(3) No person shall be qualified to be appointed
as a member of the Public Service Commission if he holds
or is acting in any public office other than the office of
member of the Judicial Service Commission or member of
the Police Service Commission.

(4) A member of the Public Service Commission
shall not, within a period of three years commencing with
the date on which he last held or acted in that office, be
eligible for appointment to any office power to make
appointments to which is vested by this Constitution in
the Governor-General acting on the advice of the Public
Service Commission.

(5) The office of a member of the Public Service
Commission shall become vacantat
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;
if he resigns his office;
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
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.
(6) If the office of a member of the Public Service
Commission is vacant or a member is for any reason unable
to perform the functions of his office, the Governcr-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.



Section 125


“(1) Subject to the provisions of this Constitution, power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in any such offices is hereby vested in the Governor-General acting on the advice of the Public Service Commission.



(2) Before the Public Service Commission advises the appointment to any public office of any person holding or acting in any office power to make appointments to which is vested by the Constitution in the Governor-General acting on the advice of the Judicial Service Commission or the Police Service Commission, it shall consult with the Judicial Service Commission or the Police Service Commission, as the case may be.



(3) Before the 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.



(4) Where a reference is made to the Privy Council under the provisions of subsection (3) of this section, the Privy Council shall consider the case and shall advise the Governor-General what action should be taken in respect of the officer, and the Governor-General shall then act in accordance with such advice.



(5) Except for the purpose of making appointments thereto or to act therein or of revoking an appointment to act therein, the provisions of this section shall not apply in relation to the office of the Director of Public Prosecutions.





Section 126



(1) Subject to the provisions of subsection (2) of this section, power to make appointments to the office of Permanent Secretary (other than appointments on transfer from another such office carrying the same salary) is hereby vested in the Governor-General acting on the recommendation fo the Public Service Commission.



(2) 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 (thereafter in this subsection called the “original recommendation”) to be referred back to the Public Service Commission for reconsideration; and if, upon such reconsideration, the Public Service Commission submits a different recommendation, the provisions of this subsection and of subsection (2) of section 32 of this Constitution shall apply thereto as they apply to an original recommendation.



(3) Power to make appointments to any office of the Permanent Secretary on transfer from another such office carrying the same salary is hereby vested in the Governor-General acting on the recommendation of the Prime Minister.



(4) For the purposes of this section the office of Financial Secretary shall be deemed to be the office of a Permanent Secretary.






135.-(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 Governmenlt 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 ilts 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. The question whether-
(a) any Commission established by this Constitution
has validly performed any function vested in it
by or under this Constitution;

(b) 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

(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 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.




Public Service Regulations



10. The Commission in considering any matter or question may consult
with any such public officer or other person as the Commission
may consider proper and desirable and may require any public officer
to attend and give evidence before it and to produce any official
documents relating to such matter or question.

19 (1) The Commission shall be responsible for the form and
manner in which applications are to be made for appointment to
public offices within its purview and for the conduct of any examinations
for recruitment to such offices, and shall determine whether any
candidate has the necessary qualifications for appointment to such
offices.

(2) The Commission may interview candidates for appointment
and shall consider in respect of each candidate-
(a) his educational qualifications;
(b) his general fitness;
(c) any previous employment of his in the public service or
otherwise; and
(d) any reports for which the Commission may call from persons
such as the principal, headmaster or headmistress of a
candidate’s university, college or school or any referees named
by the candidate.

20 (1) The Commission may from time to time appoint one or
more than one Selection Board to assist in the selection of candidates
for appointment to the public service and the composition of any
such Board and the form in which its reports are to be submitted
shall be decided by the Commission.



(2) On the consideration of any report of a Selection Board, the
Commission may in its discretion summon for interview any of the
candidates recommended by such Board.



136. The question whether-
(a) any Commission established by this Constitution
has validly performed any function vested in it
by or under this Constitution;
(6) any member of such a Commission or any other
person or authority has validly performed any
function delegated to such member, person or
CONSTITUTION OF JAMAICA
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
(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 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.