Establishment of office and functions of Auditor General
Establishment of office and functions of Auditor-General
Constitution of Bahamas
Establishment of office and functions of Auditor-General.
136.- (1) There shall be an Auditor-General whose office shall be a public office.
(2) The Auditor-General shall be appointed by the Governor-General, by instrument under the Public Seal, acting on the recommendation of the Public Service Commission made after the Commission has consulted the Prime Minister.
(3) The accounts of the Supreme Court, the Senate, the House of Assembly, all departments and offices of the Government (but excluding the Department of the Auditor-General), the Public Service Commission, the Judicial and Legal Service Commission,the Police Service Commission and all Magistrates' Court shall, at least once in every year, be audited and reported on by the Auditor-General who, with his subordinate staff,shall at all times be entitled to have access to all books, records, returns and reports relating to such accounts.
(4) The Auditor-General shall submit his reports made under paragraph (3) of this Article without undue delay to the Speaker (or, if the office of Speaker is vacant or the Speaker is for any reason unable to perform the functions of his office, to the Deputy Speaker) who shall cause them to be laid before the House of Assembly without undue delay.
(5) In the exercise of this functions under the provisions of paragraphs (3) and(4) of this Article, the Auditor-general shall not be subject to the direction or control of any other person or authority.
(6) The accounts of the department of the Auditor-General shall be audited and reported on by the Minister of Finance and the provisions of paragraphs (3) and (4) of this Article shall apply in relation to the exercise by that Minister of those function as they apply in relation to audits and reports made by the Auditor-General.
(7) Nothing in this Article shall prevent the performance by the Auditor-General of-
a) such other functions in relation to the accounts of the Government and that accounts of other public authorities and other bodies administering public funds in The Bahamas as may be prescribed by or under any law for the time being in force in The Bahamas ; or
b) such other functions in relation to the supervision and control of expenditure form public funds in The Bahamas as may be so prescribed.
(8) The Auditor-General may be removed from office only for inability to discharge the functions thereof (whether arising form infirmity of mind or body or any other cause) or for misbehavior, and shall not be so removed except in accordance with the provisions of paragraph (9) of this Article.
(9) The Auditor-General shall be removed from office by the Governor-general if the question of his removal from office has been referred to a tribunal appointed under paragraph (10) of this Article and the tribunal has recommended to the Governor-general that he ought to be removed from office for inability as aforesaid or for misbehavior.
(10) If the Prime Minister represents to the Governor-general that the question of removing the Auditor-General form office for inability as aforesaid or for misbehavior ought to be investigated, then-
a) the Governor-General shall appoint a tribunal, which shall consist of a chairman and not less than two other members, selected by the Governor-General, acting in accordance with the advice of the Judicial and Legal Service Commission, from among persons who hold or have held or are eligible to hold high judicial office ; and
b) the tribunal shall enquire into the matter and report on the facts thereof to the Governor-general and recommend to the Governor-General whether the Auditor-General ought to be removed from office for inability as aforesaid or for misbehavior.
(11) If the question of removing the Auditor-general form office has been referred to a tribunal under paragraph (9) of this Article, the Governor-General, acting in accordance with the advice of the Public Service Commission, may suspend the Auditor-general from performing the functions of this office and any such suspension may at any time be revoked by the Governor-general, and shall in any case cease to have effect if the tribunal recommends to the Governor-general that the Auditor-General should not be removed from office.
Constitution of Bahamas
Chapter I - The Constitution
1. The State
Chapter II - Citizenship
Chapter III - Protection Of Fundamental Rights And Freedoms Of The Individual
Chapter IV - The Governor-general
36. Public Seal
Chapter V - Parliament
Part 1 - Composition of Parliament
Part 2 - The Senate
Part 3 - House of Assembly
Part 4 - Powers and Procedure of Parliament
63. Assent to Bills
Part 5 - Summoning Prorogation and Dissolution
Part 6 - Delimitation of Constituencies
Chapter VI - The Executive
72. The Cabinet
Chapter VII - The Judicature
Part 1 - The Supreme Court
95. Acting Justices
Part 2 - Court of Appeal
Part 3 - Appeals to Court of Appeal and Her Majesty in Council
Chapter VIII - The Public Service
Part 1 - The Public Service Commission
Part 2 - Appointments etc. of Public Officers
Part 3 - The Public Service Board of Appeal
Part 4 - The Judicial and Legal Service Commission
Part 5 - The Police Service Commission
Part 6 - Pensions
Part 7 - Miscellaneous
127. Public Service
Chapter IX - Finance
128. Consolidated Fund
133. Contingencies Fund
134. Public Debt
Chapter X - Interpretation
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