Establishment of office and functions of Auditor General |
Establishment of office and functions of Auditor-GeneralConstitution 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.
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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 |