Jam 31426
Jam 31426
Jam 31426
STATUTORY INSTRUMENTS
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3
JAMAICA (CONSTITUTION) ORDER IN COUNCIL, 1962
ARRANGEMENT OF ORDER
Section
1. Citation, commencement and interpretation.
2. Revocation.
3. Establishment of the Constitution.
4. Existing laws.
5. Finance.
6. House of Representatives.
7. First Standing Orders of Senate.
8. Remuneration of Members of Parliament, etc.
9. Clerks to Houses of Parliament and their staffs.
10. First Cabinet.
11. Parliamentary Secretaries.
12. Secretary to the Cabinet.
13. Supreme Court and Judges.
14. Pending Appeals.
15. Appeals from Cayman Islands and Turks and Caicos Islands.
16. Remuneration of Auditor-General.
17. Existing officers.
18. Transitional provisions relating to Privy Council.
19. Transitional provisions relating to existing Commissions.
20. Transitional provisions for certain officers.
21. Alteration of this Order.
22. Interpretation.
FIRST SCHEDULE
SECOND SCHEDULE
13.-(1)
before The Supreme of
the commencement Court in existence
this Order immediately
shall be the Supreme Supreme
and
Judges.
Court
Appeals
15. The Court of Appeal established by the Constitution
from may have and exercise such jurisdiction and powers in res-
Cayman
Islands and pect of the Cayman Islands and the Turks and Caicos
Turks and
Cabs Islands as may be conferred upon it by any law for the
Islands. time being in force in the Cayman Islands or the Turks and
Caicos Islands, as the case may be, and may for the purpose
of exercising that jurisdiction sit either in Jamaica or in the
Cayman Islands or in the Turks and Caicos Islands, as the
case may be.
Existing 17.-(1) Where any office has been established for the
Wcers.
former Colony of Jamaica by or under the existing Orders
or any existing law, and the Constitution establishes the
same or an equivalent office for Jamaica, not being the office
of Prime Minister, Minister, or Parliamentary Secretary,
any person who, immediately before the commencement of
this Order, is holding or acting in the former office shall, so
far as is consistent with the provisions of this Order, be
deemed as from the commencement of this Order to have
been appointed to or to act in the latter office in accordance
with the provisions of this Order and to have taken any
necessary oath under this Order.
(2) Subject to the provisions of this Order, every
person who, immediately before the commencement of this
Order, holds or is acting in a public office shall, as from that
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JAMAICA (CONSTITUTION) ORDER IN COUNCIL. 1962 15
Transitional
provisions
20.-(1) Any person who, immediately before the com-
relating to mencement of this Order, holds any office established by
certain
OfficerS. or under the existing Orders and who does not, as from
the date of such commencement, hold any public office shall
be entitled to the leave, beginning with the commencement
of this Order, for which under the terms of service applic-
able to him immediately before the commencement of this
Order he was then eligible :
Provided that if any such person holds, or is acting in,
as from the commencement of this Order, any office estab-
lished by or under the Constitution, the leave to which he
is entitled under this section shall begin when he relinquishes
that office.
(2) When any person is on leave under the provisions
of subsection (1) of this section, he shall be regarded as
still in the office which he held immediately before the
commencement of this Order.
[W.G . Agnew.]
SCHEDULES
Section 2 FIRSTSCHEDULE
Section 3 SECONDSCHEDULE
CHAPTER I
PRELIMINARY
Section
1. Interpretation.
2. Effect of this Constitution.
CHAPTER II
CITEENSHIP
Section
3. Acquisition of Jamaican citizenship.
3 ~ Persons
. entitled to citizenship on 1st Marcb 1993.
3 ~ Citizenship
. by birth.
3c. Citizenship by descent.
4. Persons entitled to be registered as citizens.
5. [Repealed by Act 18 of Z999.1
6. [Repealed by Act 18 of 1999.1
7. Marriage to citizen of Jamaica
8. Deprivation of citizenship.
9. Commonwealth citizens.
10. Criminal liability of Commonwealth dtiztm.
11. Powers of Parliament.
12. Interpretation.
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CONSTITUTION OF JAMAICA I9
CHAPTER 111
FUNDAMENTALRIGHTS AM) FREBD~M~
Section
13. Fundamental rights and freedoms of the individual.
14. Protection of right to life.
15. Protection from arbitrary arrest or detention.
- 16, Progction of f r e o m of movement.
17. Protection from inhuman Creatment.
18. Compulsory acquisition of pperty.
19, Protection for privacy of home and other property.
20. Provisions to secure protection of law.
21. Protection of freedom of conscience.
22. Protection of freedom of expression.
23. Protection of freedom of assembly and association.
24. Protection from discrimination on the grounds of race. etc.
25. Enforcement of protective provisions.
26. Interpretation of Chaptera.'
CHAPTER IV
THEGOVERNOR-GENBW
27. Establishment of office of Governor-General.
28. Oaths to be taken by Governor-General. . -
29. Acting Governor-General.
<-
30. Deputy to Governor-General.
31. Personal staff of Governor-General.
32. Exercise of Governor-General's functions
33. Broad Seal.
CHAPTER V
PARLIAMENT
PART 1.
Composition of Parliament
34. Establishment of Parliament.
35. Senate.
36. House of Representatives.
Section
37. Qualifications and diisqualifiwtions for electors.
38. Electoral law.
39. Qualification for membership of Senate and House of Repre-
sentatives.
40. Disqualification for membership of Senate and House ofRepre-
sentatives.
41. Tenure of officeof Senators and Members of House of Repre-
sentatives.
42. President and Deputy President of Senate.
43. Speaker and Deputy Speaker of House of Representatives.
44. Determination of questions as to membership.
45. Filling of vacancies.
46. Unqualified persons sitting or voting.
41. Clerks to Houses of Parliament and their staffs.
PART 2
Powers and Procedure of Parliament
48. Power to make laws.
49. Alteration of this Constitution.
50. Special Acts of Parliament.
51. Regulation of procedure in Houses of Parliament.
52. Presiding in Senate and Home of Representatives.
53. Quorum.
54. voting.
55. Introduotion of Bills,etc.
56. Restriction on powers of Senate as to Money Bills.
57. Restriction on powers of Senate as to Bills other than Money
Bills and certain other Bills.
58. Provisions relating to sections 55, 56 and 57.
59. Restriction on powers of Senate as to certain statutory instru-
ments.
60. Assent to Bills.
61. Words of enactment.
62. Oath of allegiance.
PART 3
PART 4
Delimitation of Constituencies
66. Establishment of first constituencies.
67. Standing Committee of House of Representatives.
CHAPTER VI
POWERS
EXECUTIVE
68. Executive authority of Jamaica.
69. Cabinet.
70. Appointment of Ministers.
71, Tenure of office of Ministers.
72. Performance of Prime Minister’s functions in certain events.
73. Temporary Ministers.
74. oaths.
75. Presiding in Cabinet.
76. Governor-General to be informed concerning matters of Govem-
ment.
77. Assignment of responsibility to Ministers.
78. Parliamentary Secretaries.
79. Atitorney-General.
80. Leader of the Opposition.
81. Certain vacancies in office of Leader of Opposition.
82. Privy Council.
83. Tenure ofoffice of members of Privy Council.
84. Incapacity of member of Privy Council.
85. Provisional appointments to Privy Council.
86. Senior Member d Privy Council.
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22 CONSTITUTION OF JAMAICA
section
87. Attendance of Governvr-General.
88. Summoning of Privy Council and procedure.
89. Validity of proceedings of Privy Cowcil.
90. Prerogative of mercy.
91. Pardon in capital cases.
92. Secretary to the Cabinet.
93. Permanent Secretaries.
94. Establishment of ~ 5 c eand functions of Director of Public
Prosecutions.
95. Remuneration of Director of Public Prosecutions..
96. Tenure of office of Director of Public Prosecutions.
CHAPTER MI
THE JUDICATURB
PART 1
The Supreme Court
97. Establishment of the Supreme Court.
98. Appointment of Judges d the Supreme Court.
99. Acting Judges of the Supreme Court.
100. Tenure of officeof Judges of the Supreme Court.
101. Remuneration ofJudges of the Supreme Court.
102. Oaths to be taken by Judges of the Supreme Court.
PART 2
Court of Appeal
103. Establishment of the Court of Appeal.
104. Appointment of Judges of the Cow of Appeal.
105. Acting Judges of the Court of Appal.
106. Tenure of office of Judges of the Court of Appeal.
107. Remuneration of Judges of the Court of Appeal.
108. Oaths to be taken by Judges of the Court of Appeal.
109. Number of judge.
PART 3
Appeals to Her Majesty in Council
Section
110. Appeals from Court of Appeal to Her Majesty in Council.
PART 4
Judicial Service Commission
111. Composition of Judicial Service Commission.
112. Appointment of Judicial officers.
113. Delegation of functions of Judicial Service Commission.
CHAPTER VIII
FINANCE
114. Cdnsolidated Fund.
115. Estimates.
116. Authorisation of Expenditure.
117. Meeting expenditme from Consolidated Fund.
118. Contingencies Fund.
119. Public Debt.
120. Auditor-General.
121. Tenure of office of Auditor-General.
122. Functions of Auditor-General.
CHAPTER Ix
THEPUBLIC SERVICE
PART 1
General
123. Interpretation.
124. Public Service Commission.
125. Appointment, etc. of public officers.
126. Permanent Secretaries.
127. Delegation of functions of Public Service cammission.
128. Appointment, atc. of principal representatives of Jamaica abroad.
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24 CONSTlTVTION OF JAMAICA
PART 2
Police
Seotion
129. Police Service Commission.
130. Appointment, etc. of police officers.
131. Delegation of functions of Police Service Commission.
,
PART 3
Pensions
132. Applicability of pensions law.
133. Pensions, etc. to be charged on Consolidated Fund.
134. Grant and withholding of pensions, etc.
CHASTER X
MISCELLMIFNUS
135. Powers and procedure of Commissions.
136. Protection of Commissioas, etc. from legid proceedings.
137. Resignations.
138. Re-appointments, etc.
FIRST SCHEDULE
Oath
a
CONSTITUTION OF JAMAICA 25
SECONDSCHEDULE
THIRDSCHEDULE
Provisions relating to applicability of the Commissions of Enquiry
Act to Tribunals appointed under this Constitution.