Appeals in respect of certain decisions affecting pensions benefits |
Appeals in respect of certain decisions affecting pensions benefitsConstitution 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.
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Constitution of Bahamas
Chapter I - The Constitution1. The State 2. The Constitution is supreme law
Chapter II - Citizenship3. 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 14. Interpretation
Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual15. 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 31. Interpretation
Chapter IV - The Governor-general32. Establishment of office of 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 - ParliamentPart 1 - Composition of Parliament38. Establishment of Parliament
Part 2 - The Senate40. 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 Assembly46. 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 Parliament52. Powers and Procedure 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 Part 5 - Summoning Prorogation and Dissolution66. Prorogation and dissolution of Parliament 67. General election, bye-elections and appointment of Senators
Part 6 - Delimitation of Constituencies68. Constituencies 70. Procedure for review of constituencies
Chapter VI - The Executive72. The Cabinet 74. Tenure of office of Ministers 75. Performance of functions of Prime Minister during absence, illness or suspension 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 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 89. Constitution of offices, etc 91. Advisory Committee on Prerogative of Mercy 92. Functions of Advisory Committee
Chapter VII - The JudicaturePart 1 - The Supreme Court93. 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 Appeal98. 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 Council104. 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 ServicePart 1 - The Public Service Commission107. Establishment and composition of Public Officers
Part 2 - Appointments etc. of Public Officers108. 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 Appeal114. Public Service Board of Appeal 115. Appeals in discipline cases
Part 4 - The Judicial and Legal Service Commission116. Establishment and composition of the Judicial and Legal Service Commission 117. Appointments, etc. of judicial and legal officers
Part 5 - The Police Service Commission118. 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 - Pensions122. Protection of pension rights 123. Grant and withholding of pensions, etc 124. Appeals in respect of certain decisions affecting pensions benefits
Part 7 - Miscellaneous126. Removal from office of certain persons 127. Public Service
Chapter IX - Finance128. 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 - Interpretation137. Interpretation |