PART 1

SERVICE COMMISSIONS, ETC.

PUBLIC SERVICE COMMISSION

PUBLIC SERVICE COMMISSION

120.- 1. There shall be a Public Service Commission for Trinidad and Tobago which shall consist of a Chairman, a Deputy Chairman and not less than two normore than four other members.

2. The members of the Public Service Commission shall be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

3. The members of the Public Service Commission shall hold office in accordance with section 126.

APPOINTMENTS, ETC., OF PUBLIC OFFICERS

121.- 1. Subject to the provisions of this Constitution, power to appoint persons to hold or act in offices to which this section applies, including power to make appointments on promotion and transfer and to confirm appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.

2. The Public Service Commission shall not remove, or inflict any punishment on a public officer on the grounds of any act done or omitted to be done by that officer in the exercise of a judicial function conferred upon him unless the Judicial and Legal Service Commission concurs therein.

3. Before the Public Service Commission makes any appointment to an office to which this subsection applies it shall consult the Prime Minister.

4. A person shall not be appointed to an office to which subsection (3) applies if the Prime Minister signifies to the Public Service Commission his objection to the appointment of that person to that office.

5. Subject to subsections (6) and (7), subsection (3) applies to the offices of Permanent Secretary, Chief Technical Officer, Director of Personnel Administration, to a head of a department of government, to the chief professional adviser in a Ministry of government and to the office of Deputy to any of these offices.

6. Power to make appointments on transfer to the following offices shall vest in the Prime Minister:

a. any office of Permanent Secretary from one such office to another such office carrying the same salary;

b. any office the holder of which is required to reside outside Trinidad and Tobago for the proper discharge of his functions, and such offices in the Ministry of External Affairs as may from time to time be designated by the Prime Minister after consultation with the Public Service Commission.

7. This section applies to all public offices including in particular offices in the Civil Service, the Fire Service and the Prison Service, but this section does not apply to offices to which appointments are made by the Judicial and Legal Service Commission, the Police Service Commission or the Teaching Service Commission or offices to which appointments are to be made by the President.

8. Before the Public Service Commission makes any appointment to or transfers a member of the staff of the Auditor General or Ombudsman it shall first consult with the Auditor General or Ombudsman, as the case may be.

9. In subsection (7) "Civil Service", "Fire Service" and "Prison Service" means respectively the Civil Service established under the Civil Service Act, 1965, the Fire Service established under the Fire Service Act, 1965 and the Prison Service established under the Prison Service Act, 1965.

No. 29 of 1965

No. 30 of 1965

No. 31 of 1965

POLICE SERVICE COMMISSION

POLICE SERVICE COMMISSION

122.- 1. There shall be a Police Service Commission for Trinidad and Tobago which shall consist of a Chairman and four other members.

2. The members of the Police Service Commission shall be appointed by the President, after consultation with the Prime Minister and the Leader of the Opposition.

3. The Chairman of the Police Service Commission shall be either the Chairman or the Deputy Chaiman of the Public Service Commission.

4. The members of the Police Service Commission shall hold office in accordance with section 126.

APPOINTMENTS, ETC., OF POLICE OFFICERS.

123.- 1. Power to appoint persons to hold or act in an office in the Police Service established under the Police Service Act, 1965, including appointments on promotion and transfer and the confirmation of appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Police Service Commission.

No. 30 of 1965

2. The Police Service Commission shall not remove, or inflict any punishment on, the holder of an office in the Police Service on the grounds of any act done or omitted to be done by him in the exercise of a judicial function conferred upon him unless the Judicial and Legal Service Commission concurs therein.

3. Before the Police Service Commission makes an appointment to the office of Commissioner or Deputy Commissioner of Police it shall consult the Prime Minister, and a person shall not be appointed to such an office if the Prime Minister signifies to the Police Service Commission his objection to the appointment of that person to such an office.

TEACHING SERVICE COMMISSION

TEACHING SERVICE COMMISSION

124.- 1. There shall be a Teaching Service Commission for Trinidad and Tobago which shall consist of a Chairman and not more than four other members.

2. The members of the Teaching Service Commission shall be appointed by the President after consultation with the Prime Minister and the Leader of the Opposition.

3. The members of the Teaching Service Commission shall hold office in accordance with section 126.

APPOINTMENT OF TEACHERS

125.- Subject to the provisions of this Constitution, power to appoint persons to hold or act in public offices in the Teaching Service, established under the Education Act, 1966, including power to make appointments on promotion and transfer and to confirm appointments, and to remove and exercise disciplinary control over persons holding or acting in such offices shall vest in the Teaching Service Commission.

No. 1 of 1966

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.