Appeals in respect of certain decisions

Appeals in respect of certain decisions affecting pensions benefits

Appeals in respect of certain decisions affecting pensions benefits

Appeals in respect of certain decisions affecting pensions benefits

Constitution of Bahamas

Appeals in respect of certain decisions affecting pensions benefits.

124.- (1) The provisions of this Article shall have effect for the purpose of enabling an officer or his personal representatives to appeal against any of the following decisions, that is to say:-

a) a decision of the appropriate Service Commission embodying a recommendation in respect of an officer, under Article 123(2) of this Constitution, not to grant or to withhold, reduce in amount or suspend, and award ;

b) a decision of any authority to remove an office from office if the consequence of the removal is that an award cannot be granted in respect of the officer's service in a public office ; or

c) a decision of any authority to take some other disciplinary action in relation to such an office if the consequence of the action is or in the opinion of the authority might be, to reduce the amount of any award that may be grated in respect of the officer's service in a public office.

(2) Where any such decision as is referred to in paragraph (1) of this Article is taken by any Commission or authority, the Commission or authority shall cause to be delivered to the officer concerned, or to his personal representatives, a written notice of that decision stating the time, not being less than twenty-eight days from the date on which the notice is delivered, within which he, or his personal representatives, may apply to the Commission or authority for the case to be referred tot he Public Service Board of Appeal.

(3) The Board shall inquire into the facts of the case, and for that purpose-

a) shall, if the applicant so requests in writing, hear the applicant either in person or by a legal representative of his choice, according to the terms of the request, and shall consider any representations that he wishes to make in writing ;

b) may hear any other person who, in the opinion of the Board, is able to give the Board information on the case ; and

c) shall have access to, and shall consider, all documents that were available to the Commission or authority concerned and shall also consider any further document relating tot he case that may be produced by or on behalf of the applicant or the Commission or authority.

(4) When the Board has completed its consideration of the case, then-

a) if the decision that is the subject of reference to the Board is such a decision as is mentioned in sub-paragraph (1)(a) of this Article, the Board shall advise the appropriate Service Commission or authority whether the decision should be affirmed, reversed or modified and the Commissioner authority shall act in accordance with that advice ; and

b) if the decision that is the subject of the reference to the Board is such a decision as is referred to in sub-paragraph (1)(b) of (c) of this Article, the Board shall not have power to advise the Commission or authority concerned to affirm, reverse or modify the decision but-

i) where the officer has been removed from office the Board may direct that there shall be granted all or any part of the award that, under any law, might have been granted in respect of his service in a public office if he had retired voluntarily at the date of his removal and may direct that any law with respect to awards shall in any other respect that the Board may specify have effect as if he had so retired , and

ii) where some other disciplinary action has been taken in relation to the office the Board may direct that, on the grant of any award under any law in respect of the officer's service in a public office, that award shall be increased by such amount or shall be calculated in such manner as the Board may specify in order to offset all or any part of the reduction in the amount of that award that, in the opinion of the Board, would or might otherwise be a consequence of the provisions of any other law.

(5) If the appeal relates to a case in which the officer exercises his right of appeal to the Board under Article 115(1) of this Constitution, the Board shall first consider his appeal under that Article and only if it decides to affirm the decision or to make some other decision the consequence of which would be to affect the officer's award, shall the Board proceed to consider the officer's appeal under this Article.

(6) For the purposes of this Article-

a) "legal representative" means a person entitled to practice in The Bahamas as a Counsel and Attorney of the Supreme Court ; and

b) a notice shall be deemed to have been delivered to an office one week after it has been posted if, in the case of an officer on pension and resident outside The Bahamas whose residential address cannot be ascertained, it has been posted addressed to him at the address to which his pension is being paid.

Constitution of Bahamas


Chapter I - The Constitution


1. The State

2. The Constitution is supreme law

Chapter II - Citizenship


3. Persons who become citizens on 10th July 1973

4. Persons who become citizens on 9th July 1974

5. Persons entitled to be registered as citizens

6. Persons born in The Bahamas after 9th July 1973

7. Persons born The Bahamas after 9th July 1973 of non-citizen parents

8. Persons born outside The Bahamas after 9th July 1973

9. Further provisions for persons born outside The Bahamas after 9th July 1973

10. Marriage to citizens of The Bahamas

11. Deprivation of citizenship

12. Renunciation of citizenship

13. Power of Parliament

14. Interpretation

Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual


15. Fundamental rights and freedoms of the individual

16. Protection of right to life

17. Protection from inhuman treatment

18. Protection from slavery and forced labour

19. Protection from arbitrary arrest or detention

20. Provisions to secure protection of law

21. Protection for privacy of home and other property

22. Protection of freedom of conscience

23. Protection of freedom of expression

24. Protection of freedom of assembly and association

25. Protection of freedom of movement

26. Protection from discrimination on the grounds of race, etc.

27. Protection from deprivation of property

28. Enforcement of fundamental rights

29. Provisions for time of war or emergency

30. Saving of existing law

31. Interpretation

Chapter IV - The Governor-general


32. Establishment of office of Governor-General

33. Acting Governor-General

34. Deputy to Governor-General

35. Personal staff of Governor-General

36. Public Seal

37. Oaths to be taken by Governor-General

Chapter V - Parliament


Part 1 - Composition of Parliament


38. Establishment of Parliament

Part 2 - The Senate


39. Composition of Senate

40. Purpose of appointment of certain Senator

41. Qualifications for appointment as Senator

42. Disqualifications for appointments as Senator

43. Tenure of office of Senators

44. President and Vice-President

45. Determination of questions as to membership

Part 3 - House of Assembly


46. Composition of House of Assembly

47. Qualifications for membership of House of Assembly

48. Disqualifications for election as members of House of Assembly

49. Tenure of office of Members of House of Assembly

50. Speaker and Deputy Speaker

51. Determination of questions as to membership

Part 4 - Powers and Procedure of Parliament


52. Powers and Procedure of Parliament

53. Privileges of Parliament

54. Alteration of this Constitution

55. Regulation of procedure in Parliament

56. Presiding in the Senate and House of Assembly

57. Quorum

58. Voting

59. Introduction of Bills, etc

60. Restriction on powers of Senate as to Money Bills

61. Restriction on powers of Senate as to Bills other than Money Bills

62. Provisions relating to Articles 59, 60 and 61

63. Assent to Bills

64. Oath of allegiance

Part 5 - Summoning Prorogation and Dissolution


65. Sessions of Parliament

66. Prorogation and dissolution of Parliament

67. General election, bye-elections and appointment of Senators

Part 6 - Delimitation of Constituencies


68. Constituencies

69. Constituencies Commission

70. Procedure for review of constituencies

Chapter VI - The Executive


71. Executive Authority

72. The Cabinet

73. Appointment of Ministers

74. Tenure of office of Ministers

75. Performance of functions of Prime Minister during absence, illness or suspension

76. Temporary Ministers

77. Allocation of portfolios to Ministers

78. Functions of Attorney-General

79. Exercise of Governor-General's powers

80. Governor-General to be informed concerning matters of Government

81. Parliamentary Secretaries

82. Leader of the Opposition

83. Certain vacancies in office of Leader of the Opposition

84. Oaths to be taken by Ministers, etc

85. Leave of absence for Ministers, etc

86. Summoning of and presiding in Cabinet

87. Quorum

88. Permanent Secretaries

89. Constitution of offices, etc

90. Powers of pardon, etc

91. Advisory Committee on Prerogative of Mercy

92. Functions of Advisory Committee

Chapter VII - The Judicature


Part 1 - The Supreme Court


93. Establishment of Supreme Court

94. Appointment of Justices of Supreme Court

95. Acting Justices

96. Tenure of office of Justice of Supreme Court

97. Oaths to be taken by Justices of Supreme Court

Part 2 - Court of Appeal


98. Establishment of Court of Appeal

99. Justices of the Court of Appeal

100. Other arrangements for appeals

101. Acting Justices of Court of Appeal

102. Tenure of office of Justices of Appeal

103. Oaths to be taken by Justices of Appeal

Part 3 - Appeals to Court of Appeal and Her Majesty in Council


104. Appeals relating to fundamental rights and freedoms

105. Appeals to Her Majesty in Council in other cases

106. Interpretation of "Court of Appeal

Chapter VIII - The Public Service


Part 1 - The Public Service Commission


107. Establishment and composition of Public Officers

Part 2 - Appointments etc. of Public Officers


108. Appointments, etc. of public officers

109. Appointments of Permanent Secretaries and certain other public officers

110. Delegation of Governor-General's powers

111. Appointments, etc. of principal representatives of The Bahamas abroad

112. Appointments on transfer in respect of certain offices

113. Appointment of Secretary to the Cabinet

Part 3 - The Public Service Board of Appeal


114. Public Service Board of Appeal

115. Appeals in discipline cases

Part 4 - The Judicial and Legal Service Commission


116. Establishment and composition of the Judicial and Legal Service Commission

117. Appointments, etc. of judicial and legal officers

Part 5 - The Police Service Commission


118. Establishment and composition of the Police Service Commission

119. Appointment of Commissioner of Police and other officers of the Police Force

120. Removal of the Commissioner and Deputy Commissioner of Police

121. Removal and discipline of members of the Force

Part 6 - Pensions


122. Protection of pension rights

123. Grant and withholding of pensions, etc

124. Appeals in respect of certain decisions affecting pensions benefits

Part 7 - Miscellaneous


125. Procedure of Commissions

126. Removal from office of certain persons

127. Public Service

Chapter IX - Finance


128. Consolidated Fund

129. Estimates

130. Authority for public expenditure

131. Withdrawal of money from the Consolidated Fund

132. Withdrawal of money in advance of Appropriation Act

133. Contingencies Fund

134. Public Debt

135. Remuneration of Governor-General and certain other officers

136. Establishment of office and functions of Auditor-General

Chapter X - Interpretation


137. Interpretation

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