GENERAL PROVISIONS ON SERVICE COMMISSIONS

QUALIFICATIONS, TENURE OF OFFICE, ETC.

126.- 1. A person who-

a. is a member of the House of Representatives or the Senate; or

b. holds or is acting in any public office or has held any public office within the period of three years preceding his proposed appointment,

is not qualified to hold the office of member of a Service Commission.

2. A person who has held office or acted as a member of a Service Commission shall not, within a period of three years commencing with the date on which he last held or acted in such an office, be eligible for appointment to any public office.

3. The office of a member of a Service Commission shall become vacant-

a. upon the expiration of five years from the date of his appointment or such shorter period, not being less than three years, as may be specified at the time of his appointment; or

b. where with his consent he is nominated for election to the House of Representatives or wher he is appointed a Senator.

4. A member of a Service Commission, other than the Judicial and Legal Service Commission, may be removed from office by the President acting in his discretion for inability to discharge the functions of his office, whether arising from informity of mind or body or any other cause, or for misbehaviour.

5. A member of a Service Commission may not be removed from office except in accordance with the provisions of this section.

6. Before entering upon the duties of his office a member of a Service Commission shall take and subscribe the oath of office before the President or a person appointed by the President for the purpose.

DELEGATION OF FUNCTIONS

127.- 1. A Service Commission may, with the approval of the Prime Ministe and subject to such conditions as it may think fit, delegate any of its functions under this Part other than any power conferred on the Commission by section 129, to any of its members or-

a. in the case of the Judicial and Legal Service Commission, to a Judge;

b. in the case of the Public Service Commission, or the Teaching Service Commission, to any public officer; and

c. in the case of the Police Service Commission to the Commissioner of Police or a Deputy Commissioner of Police.

2. In this section and in section 129, as regards any matter concerning the holder of any office referred to in section 121(5) or 123(3) a reference to "public officer" includes a reference to a Judge as well as a retired public officer.

CONSULTATION WITH OTHER SERVICE COMMISSIONS

128.- Before a Service Commission appoints to an office a person holding or acting in any office, power to make appointments to which is vested by this Constitution in another Service Commission, it shall consult that other Commission.

POWERS AND PROCEDURE OF SERVICE COMMISSIONS AND PROTECTION FROM LEGAL PROCEEDINGS

129.- 1. Subject to subsection (3), a Service Commission may, with the consent of the Prime Minister, by regulation or otherwise regulate its own procedure, including the procedure for consultation with persons with whom it is required by this Constitution to consult, and confer powers and impose duties on any public officer or in the case of the holder of an office referred to in section 111(2), a Judge or on any authority of the Government, for the purpose of the discharge of its functions.

2. At any meeting of a Service Commission three members shall constitute a quorum.

3. The question whether-

a. a Service Commission has validly performed any function vested in it by this Constitution;

b. a member of a Service Commission or any other person has validly performed any function delegated to that member or person under section 127;

c. a member of a Service Commission or any other person or authority has validly performed any other function in relation to the work of the Commission or in relation to any such function as is referred to in paragraph (b),

may not be enquired into in any court.

4. No penalty may be imposed on any public officer except as a result of disciplinary proceedings.