Tenure of office of Members of House of Assembly |
Tenure of office of Members of House of AssemblyConstitution of Bahamas
Tenure of office of members of House of Assembly.
49.- (1) Every member of the House of Assembly shall vacate his seat in the House-
a) upon a dissolution of Parliament ;
b) if he resigns it by writing under his hand addressed to the Speaker or, if the office of Speaker is vacant or the Speaker is absent from The Bahamas, to the Deputy Speaker ;
c) if he is absent from the sitting of the House for such period and in such circumstances as may be prescribed in the rules of procedure of the House ;
d) if he ceases to be a citizen of The Bahamas ;
e) subject to the provisions of paragraph (2) of this Article, if any circumstances arise that, if he were not a member of the House, would cause him to be disqualified for election as such by virtue of sub-paragraph (a), (b), (c), (d), (e), (f), (g), or (h) of Article 48(1) of this Constitution ; or
f) if he becomes interested in any government contract :
Provided that-
i) if in the circumstances it appears to the House or Assembly may exempt any member of the House from vacating his seat under the provisions of this sub-paragraph, if that member, before becoming interested in such contract as aforesaid or as soon as practicable after becoming so interested, discloses to the House the nature of such contract and his interest therein ;
ii) if proceedings are taken under a law made under Article 51 of his Constitution to determine whether a member of the House has vacated his seat under the provisions of this sub-paragraph he shall be declared by the court not tho have vacated his seat if he establishes to te satisfaction of the court that he, acting reasonably, was not aware that he was or had become interested in such contract ; and
iii) no proceedings under the preceding sub-paragraph shall be instituted by any person other than a Senator or member of the House of Assembly.
(2) If circumstances such as are referred to in sub-paragraph (1)(e) of this |
Article arise because any member of the House is under sentence of death or
imprisonment, declared bankrupt, adjudged to be of unsound mind or convicted of
a offence relating to election and it is open to the member to appeal against
the decision (either with the leave of a court or other authority or without
such leave), he shall forthwith cease to perform his function as a member of
the House but, subject to paragraph (3) of this Article, he shall not vacate
his seat until the expiration of a period of thirty days thereafter :
Provided that the Speaker may, at the request of the member, from time to time extend that period for further periods of thirty days to enable the member to pursue an appeal against the decision, so, however, that extensions of time exceeding in the aggregate one hundred any fifty days shall not be given without the approval, signified by resolution, of the House of Assembly.
(3) If, on the determination any appeal, such circumstances continue to exist and no further appeal is open to the member, or if, by reason of the expiration of any period for entering an appeal or notice thereof or the refusal of leave to appeal or of any other reason, it ceases to be open to the member to appeal, he shall forthwith vacate his seat.
(4) If at any time before the ember vacates his seat such circumstances as aforesaid cease to exist, his seat shall not become vacant on the expiration of the period referred to in paragraph 82) of this Article and he may resume the performance of his function as a member of the House.
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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 |