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2023 Revised Edition
Contents

Chapter IX · The Executive

54. Public Service Commission

Unofficial copy, with amendments up to 31 Oct 2022. Later amendments are not included. Check the official text before you rely on it.

35[(1) There shall be a Public Service Commission

(in this Chapter referred to as the “Commission”) which shall consist of nine members appointed by the President on the recommendation of the Constitutional Council, of whom not less than three members shall be persons who have had over fifteen years experience as a public officer. The President on the recommendation of the

Constitutional Council shall appoint one member as its

Chairman.]

(2)

No person shall be appointed as a member of the

Commission or continue to hold office as such member if he is or becomes a member of Parliament, a Provincial

Council or a local authority.

(3)

Every person who immediately before his appointment as a member of the Commission was a public officer in the service of the State or a judicial officer, shall, upon such appointment taking effect ceases to hold such office and shall be ineligible for further appointment as a public officer or a judicial officer:

Provided that any such person shall, until he ceases to be a member of the Public Service Commission, or while continuing to be a member, attains the age at which he would, if he were a public officer or a judicial officer, as the case may be, be required to retire, be deemed to be a public officer or a judicial officer and to hold a pensionable office in the service of the State, for the purpose of any provision relating to the grant of pensions, gratuities and other allowances in respect of such service.

34 - Chapter IX substituted by the Seventeenth Amendment to the Constitution Sec. 4.

35 - Substituted by the Twenty First Amendment to the Constitution Sec. 4(1).

36[(4) Every member of the Commission shall hold office for a period of three years from the date of appointment, unless the member becomes subject to any disqualification under paragraph (2) or earlier resigns from his office by writing addressed to the President or is removed from office by the President with the approval of the Constitutional Council or is convicted by a court of law of any offence involving moral turpitude or if a resolution for the imposition of civic disability upon the member has been passed in terms of Article 81 or is deemed to have vacated his office under paragraph (6).]

(5)

A member of the Commission shall be eligible for reappointment as a member, but shall not be eligible for appointment as a public officer or a judicial officer after the expiry of his term of office as a member. No member shall be eligible to hold office as a member of the

Commission for more than two terms.

(6)

A member of the Commission who without obtaining prior leave of the Commission absents himself from three consecutive meetings of the Commission, shall be deemed to have vacated office with effect from the date of the third of such meetings, and shall not be eligible thereafter to be reappointed as a member of the

Commission.

37[(7) The President may grant a member leave from the performance of his duties relating to the Commission for a period not exceeding two months and shall, for the duration of 38[such period, 39[on the recommendation of the Constitutional Council,]] appoint a person qualified to be a member of the Commission, to be a temporary member for the period of such leave.]

36 - Substituted by the Twenty First Amendment to the Constitution Sec. 4(2).

37 - Substituted by the Nineteenth Amendment to the Constitution Sec. 10(3).

38 - Substituted by the Twentieth Amendment to the Constitution Sec. 8(3).

39 - Substituted by the Twenty First Amendment to the Constitution Sec. 4(3).

(8)

A member of the Commission shall be paid such emoluments as may be determined by Parliament. The emoluments paid to a member of the Commission shall be charged on the Consolidated Fund and shall not be diminished during the term of office of such member.

(9)

The Commission shall have the power to act notwithstanding any vacancy in its membership, and no act, proceeding or decision of the Commission shall be or be deemed to be invalid by reason only of such vacancy or any defect in the appointment of a member.

(10)

There shall be a Secretary to the Commission who shall be appointed by the Commission.

(11)

The members of the Commission shall be deemed to be public servants, within the meaning and for the purposes of Chapter IX of the Penal Code.

Chapter X

The Legislature

Chapter XI

The Legislature

Chapter XII

The Legislature

Chapter XIII

The Referendum

Chapter XIV

The Franchise and Elections

Chapter XIVA

Election Commission

Chapter XV

The Judiciary

Chapter XVA

Judicial Service Commission

Chapter XVI

The Superior Courts

Chapter XVII

Finance

Chapter XVIIA

146[CHAPTER XVII a

Chapter XVIII

Public Security

Chapter XVIIIA

National Police Commission

Chapter XIX

The Parliamentary Commissioner for Administration

Chapter XIXA

Commission to Investigate Allegations of Bribery or Corruption

Chapter XIXB

National Procurement Commission

Chapter XX

General

Chapter XXI

Transitional Provisions

Chapter XXII

Interpretation

Chapter XXIII

Repeal

Chapter XXIV

Promulgation of the Constitution

Schedules