Public Service Commission Regulations

Link to law: http://laws.bahamas.gov.bs/cms/images/LEGISLATION/SUBORDINATE/1971/1971-0002/PublicServiceCommissionRegulations_1.pdf
Published: 1971-02-01

Public Service Commission Regulations
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PUBLIC SERVICE COMMISSION REGULATIONS

ARRANGEMENT OF CONTENTS
PART I

PRELIMINARY
1. Title.
2. Interpretation.

PART II
PUBLIC SERVICE COMMISSION

3. Appointment of the secretary and other staff of the Commission.
4. Quorum.
5. Record of meetings and decisions.
6. Other decisions.
7. Privilege from disclosure in legal proceedings.
8. Protection of members from legal proceedings.
9. Consultation with persons other than members.
10. Documents to be made available.
11. Failure to comply with requirement of Commission.
12. Improper influence.
13. Penalty for supplying false information to Commission.
14. Unauthorised disclosure of information.

PART III
APPOINTMENTS, PROMOTIONS AND TRANSFERS

15. General functions of the Commission with regard to appointments, promotions and
transfers.

16. Supervision of recruitment.
17. Advertisement of vacancies.
18. Principles and procedures applicable to selection for promotion.
19. Maintenance of a confidential report system.
20. Principles and procedures applicable to selection for acting appointments.
21. Selection for scholarships and courses.
22. Procedure for transfers.
23. Procedure in cases of urgency.
24. Detailed procedure for appointments, promotion and transfers.
25. Procedure for the exercise of delegated powers.

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PART IV
DETERMINATION OF APPOINTMENTS AND EXTENSION OF

PROBATIONARY SERVICE
26. Termination of appointment on abolition of office.
27. Termination of non-pensionable appointments.
28. Probationary appointments.

PART V
DISCIPLINE

A. General
29. Premature termination of contract and withholding of gratuities.
30. Functions of the Commission with regard to discipline.
31. Regulations to govern disciplinary procedure.
32. Grounds for criminal prosecution.
33. No dismissal while criminal proceedings pending.
34. Disciplinary action after acquittal on a criminal charge.
35. Copies of evidence of inquiries.
36. Appeals.
37. Interdiction.
38. Non-payment of salary on conviction on a criminal charge.
39. Interdicted officers not to leave The Bahamas.
40. Punishments.

B. Proceedings against Public Officers
41. Proceedings for dismissal of a public officer in respect of whom disciplinary control has

not been delegated.
42. Proceedings for dismissal of a public officer in respect of whom disciplinary control has

been delegated.
43. Proceedings for misconduct not warranting dismissal against a public officer in respect of

whom disciplinary control has not been delegated.
44. Proceedings for misconduct not warranting dismissal against a public officer in respect of

whom disciplinary control has been delegated.
45. Proceedings against a public officer for retirement in the public interest.
46. Criminal conviction of a public officer.

C. Procedure on Admission of Offences
47. Admission of offence.

D. Miscellaneous
48. Commission to be kept informed of proceedings and to have power to intervene
49. Absence from duty without leave.
50. Withholding and restoration of increments.
51. Procedure when Department not supervised by Permanent Secretary.

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5PUBLIC SERVICE COMMISSION REGULATIONS

(ARTICLE 125)
[Commencement 1st February, 1971]

PART I
PRELIMINARY

1. These Regulations may be cited as the Public
Service Commission Regulations.

2. In these Regulations unless the context otherwise
requires —

“appointment” means —
(i) the conferment of an office of emolument

in the public service, whether or not
subject to subsequent confirmation, upon a
person not in the public service;

(ii) the grant of permanent and pensionable
terms of service in a public office to a
person recruited and serving on contract
terms of service or in a non-established
capacity in a pensionable or non-
pensionable office;

(iii) the engagement in a public office of a
person on contract terms of service for a
further period of service on the conclusion
of his previous period of engagement on
contract terms in the same or other public
office; and

(iv) the appointment of a public officer to act in
any public office other than that to which
he is substantively appointed;

“the Chairman” means the person appointed under the
provisions of Article 107 of the Constitution as
Chairman of the Commission and includes any
temporary or acting Chairman;


5 Originally made under section 109 of the Constitution of the Commonwealth of the

Bahamas Islands contained in the Schedule to the Bahama Islands (Constitution) Order,
1969 (1969 No. 950).

S.I. 2/1971,
S.I. 79/1971

Title.

Interpretation.

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“the Commission” means the Public Service
Commission constituted under the provisions of
Article 107 of the Constitution;

“the Committee” means a committee appointed under
the provisions of these Regulations;

“court” means either the Supreme Court or a
magistrate’s court;

“criminal charge” means a charge in respect of an
offence for which the court imposes a sentence
of imprisonment without the option of a fine, or
any other offence which in the opinion of the
Commission involves serious moral turpitude;

“established post” means a public office, specifically
mentioned as an established post in the
Estimates;

“empowered officer” means a public officer to whom
powers of appointment and disciplinary control
have been delegated under the provisions of the
Constitution;

“Head of Department” means a person holding an
office specified as such, or as having equivalent
status, by the Governor-General by notice in the
Gazette;

“member” means any person appointed to the
Commission under the provisions of Article 107
of the Constitution and includes any temporary
member;

“miscellaneous officers” means public officers who —
(i) are not Heads of Departments;
(ii) are not members of any Ministry;
(iii) have no Head of Department;

“non-established post” means a public office which is
not an established post;

“non-pensionable officer” includes an officer serving
under a contract or agreement which does not
provide for the payment of a pension;

“office of emolument” in relation to the definition of
public office and public officer, means any
established or non-established post in the public
service excluding any non-established post the
remuneration in respect of which is calculated
at hourly, daily or weekly rates;

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“official document” means any document or paper
prepared by any public officer in the course of
his employment or any document or paper
which comes into the custody of any public
officer in the course of such employment;

“Permanent Secretary” means the Permanent Secre-
tary who exercises supervision over the
Department concerned or over the Department
in which the officer concerned holds a post as
the case may be;

“posts in respect of which the power to appoint has
been delegated” means public offices in respect
of which the Governor-General has delegated
power to make appointments in accordance
with Article 110 of the Constitution;

“promotion” means the conferment upon a person in
the public service of a public office to which is
attached a higher salary or higher salary scale
than that attached to the public office to which
he was last substantively appointed;

“public office”, “public officer” and “public service”
shall have the same meanings as are assigned to
those expressions in the Constitution except that
the definition of the expression “office of
emolument” used therein shall be limited to the
meaning given in these Regulations;

“public officer in respect of whom disciplinary
control has been delegated” means the holder of
a public office in respect of whom the
Governor-General has under Article 110 of the
Constitution, delegated power to remove and
power to exercise disciplinary control;

“salary” means basic salary;
“seniority” means the relative seniority of officers

and, except as may be otherwise provided by
the Commission or in these Regulations, shall
be determinable and shall be regarded as having
always been determinable as follows —
(i) as between officers of the same grade —

(a) by reference to the dates on which
they respectively entered that grade;

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(b) if any officers entered that grade on
the same day, by reference to their
seniority on the day immediately
preceding that day;

(c) if any officers who entered the same
grade on the same day did so by
appointment and not by promotion
(excluding promotion from a non-
pensionable to a pensionable grade),
their seniority relative to each other
shall be determinable by reference to
their respective ages;

(ii) as between officers of different grades on
the same salary scale or the same flat rate of
salary, by reference to the dates on which
they respectively entered their grades;

(iii) as between officers of different grades on
different salary scales, by reference to the
maximum point on their salary scales, a
flat rate of salary being regarded for this
purpose as a salary scale with a maximum
point equivalent to the flat rate:
Provided that when assessing the seniority

of a pensionable public officer, service by that
officer or any other person in a non-pensionable
capacity shall not be taken into account;

“transfer” means the conferment upon a public officer
whether permanently or otherwise of some
public office other than that to which the officer
was last substantively appointed, not being a
promotion; but the posting of an officer
between duty posts in the same grade within a
Department shall not be regarded for this
purpose as a transfer.

PART II
PUBLIC SERVICE COMMISSION

3. The secretary to the Commission and other staff of
the Commission shall be public officers.

Appointment of
the secretary and
other staff of the
Commission.

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4. (1) Every meeting of the Commission shall be
presided over by the Chairman, and he and one member
shall form a quorum for a meeting at any time when there
are not more than three members of the Commission
holding office and the Chairman and two members shall
form a quorum for a meeting at any other time.

(2) Any question proposed for decision at any meeting
of the Commission shall be determined by a majority of the
votes of the members present and voting, and if on any such
question the votes are equally divided the Chairman shall
have and exercise a casting vote.

5. A record shall be kept of the members present
and of the business transacted at every meeting of the
Commission. Any member who is present at a meeting
when a decision is made shall be entitled to dissent
therefrom and to have his dissent and his reasons therefor
set out in the record of such meeting.

6. A decision may be made by the Commission
without a meeting by circulation of the relevant papers
among the members and the expression of their views in
writing, and in any such case the decision, shall be the
view of the majority of members expressing a view:

Provided that if any member requires that a decision
on a matter being dealt with by circulation of the relevant
papers shall be deferred until the subject matter shall be
considered at a meeting of the Commission, no decision
shall be made on that subject except at a meeting of the
Commission:

Provided further that where a member dissents from
a view recorded by a majority of members on papers
circulated for a decision, the decision shall not be
implemented until that member records the reasons for his
view.

7. Any report, statement or other communication
or record of any meeting, inquiry or proceedings which the
Commission may make in exercise of its functions or any
member may make in performance of his duties, or in
discharge of any duty to the Governor-General or to any
public officer, shall be privileged in that its production may
not be compelled in any legal proceedings if the Governor-
General certifies that such production is not in the public
interest.

Quorum.

Record of
meetings and
decisions.

Other decisions.

Privilege from
disclosure in legal
proceedings.

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8. The Chairman and any member shall have such
and like protection and privilege in case of any action or
suit brought against him for any act done or omitted to be
done in the execution of his duties under these Regulations
as is by law given to the acts done or words spoken by a
judge of the Supreme Court in the exercise of his judicial
office.

9. The Commission may require any public officer
to attend and give evidence before it concerning any matter
which it is required to consider in the exercise of its
functions, and may, unless the Governor-General certifies
that such production is not in the public interest, require the
production of any official document relating to any such
matter.

10. Any public officer who submits any matter for
the consideration of the Commission shall ensure that all
relevant documents and papers are made available to the
Commission.

11. Any public officer who without reasonable
excuse fails to appear before the Commission when
required by the Commission to do so or who fails to
comply with any other requirement lawfully and properly
made by the Commission, shall be guilty of a breach of
discipline, and the Commission may advise the Director of
Public Personnel that disciplinary proceedings should be
instituted against him and the Director of Public Personnel
shall act accordingly.

12. Any person who, otherwise than in the course of
his duty, directly or indirectly by himself or by any other
person in any manner whatsoever influences or attempts to
influence any decision of the Commission or of the
Chairman or of any member, shall be guilty of an offence
and upon summary conviction be liable to a fine not
exceeding one hundred and fifty dollars or to imprisonment
for a term not exceeding six months or to both such fine
and imprisonment:

Provided that nothing in this regulation shall prohibit
any person who may properly give a certificate or
testimonial to any applicant or candidate for any public
office from giving such a certificate or testimonial or from
supplying any information or assistance at the request of
the Commission.

Protection of
members from
legal
proceedings.

Consultation
with persons
other than
members.

Documents to be
made available.

Failure to comply
with requirement
of Commission.
S.I. 79/1971.

Improper
influence.

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13. Any person who in connection with any applica-
tion by any person for employment or promotion in the
public service, or with any matter upon which it is the duty
of the Commission to make a recommendation to the
Governor-General or to make any decision, wilfully gives
to the Commission or to any member thereof, or to any
person or body of persons properly appointed to assist the
Commission in the exercise of its functions or the
discharge of its duties, or to any empowered officer, any
information which he knows to be false or does not believe
to be true, or which he knows to be false by reason of the
omission of any material particular, shall be guilty of an
offence and upon summary conviction be liable to a fine
not exceeding three hundred dollars or to imprisonment for
a term not exceeding one year or to both such fine and
imprisonment.

14. (1) Neither the Chairman nor any member nor
any other person shall without the written permission of the
Governor-General, publish or disclose to any person
otherwise than in exercise of his functions under these
Regulations the contents of any document, communication
or information whatsoever which has come to his notice in
the course of his duties in respect of any matter referred to
the Commission or dealt with by an empowered officer,
and any person who knowingly acts in contravention of
this regulation shall be guilty of an offence and upon
summary conviction be liable to a fine not exceeding three
hundred dollars or to imprisonment for a term not
exceeding one year or to both such fine and imprisonment.

(2) If any person having possession of any
information which to his knowledge has been disclosed in
contravention of the provisions of paragraph (1) of this
regulation, publishes or communicates to any other person
any such information otherwise than for the purpose of any
criminal prosecution or of disciplinary proceedings in
respect of such disclosure, he shall be guilty of an offence
and upon summary conviction be liable to a fine not
exceeding three hundred dollars or to imprisonment for a
term not exceeding one year or to both such fine and
imprisonment.

Penalty for
supplying false
information to
Commission.

Unauthorised
disclosure of
information.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

PART III
APPOINTMENTS, PROMOTIONS AND

TRANSFERS
15. (1) The Commission shall make recommendations

to the Governor-General on the following —
(a) appointments, (not being appointments delegated

by the Governor-General under Article 110 of the
Constitution), promotions and transfers of public
officers in respect of whom powers of
appointment are vested by Article 108 of the
Constitution in the Governor-General acting in
accordance with the recommendation of the
Commission;

(b) petitions by public officers to the Governor-
General against decisions by him and by public
officers in respect of appointments, promotions
and transfers.

(2) Before recommending the appointment of a
person to be a Permanent Secretary or a Head of
Department (or to be the holder of any such office of
similar status as the Governor-General may, after con-
sultation with the Prime Minister, specify by notice in the
Gazette) the Commission shall consult the Prime Minister,
in accordance with the provisions of subsection (3) of
Article 108 of the Constitution, and shall state in its
recommendation to the Governor-General that the Prime
Minister has been so consulted.

16. In order to discharge its duties under the
provisions of regulation 15 the Commission shall exercise
supervsion over and approve any scheme for admission to
any public office by examination or for the award of any
scholarship for training for the public service, and over any
other method of recruitment including the appointment and
procedure of any Board for the selection of candidates.

17. Where any vacancy is not to be filled by
promotion the existence of such vacancy shall, unless the
Commission otherwise directs, be notified to the public by
advertisement in time to enable candidates to make
application in accordance with such advertisement.

General
functions of the
Commission with
regard to
appointments,
promotions and
transfers.

Supervision of
recruitment.

Advertisement of
vacancies.

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18. (1) In considering the claim of any officer in the
public service for promotion, merit and ability shall be
taken into account as well as seniority, experience and
formal qualifications.

(2) Any recommendation made to the Commission
for promotion shall state whether the person recommended
is the senior officer in the department or grade eligible for
promotion and, where this is not the case, detailed reasons
shall be given in respect of each person in that department
or grade over whom it is proposed that the person
recommended should be promoted.

19. In order to discharge its duties under regulation
18 the Commission may issue such directions as it may see
fit for the maintenance of a system of confidential reports
on public officers and for their safe custody.

20. The procedure for making acting appointments
shall be the same as that prescribed in these Regulations
for making a promotion. Any recommendation to the
Commission for the making of an acting appointment
except one under subsection (2) of section 16 of the Public
Service Act, shall contain a statement whether or not the
officer recommended for acting appointment is in every
way qualified to perform all the duties of the office in
which he is to act.

21. The procedure for making appointments shall be
followed where it is desired to select an officer for a
scholarship or a course of training which is designed to fit
him for a higher post or which may enhance his
qualifications for promotion.

22. The procedure for transfers shall, where any
increase in emoluments is involved, be that prescribed in
these Regulations for promotions, and, in any other case,
be that so prescribed for appointments.

23. When it is necessary to make an appointment,
promotion or transfer of a public officer, the procedure in
the subsequent regulations in this Part of these Regulations
shall be followed, except that, where any delay involved in
carrying out such procedure is likely to cause serious
inconvenience, the Head of Department shall report the
matter to the Permanent Secretary who shall forward the
report to the Director of Public Personnel who shall in turn


Principles and
procedures
applicable to
selection for
promotion.

Maintenance of a
confidential
report system.

Principles and
procedures
applicable to
selection for
acting
appointments.
Ch. 39.

Selection for
scholarships and
courses.

Procedure for
transfers.

S.I. 79/1971.

Procedure in
cases of urgency.

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forward it to the Chairman, and the Commission may, as a
matter of urgency, recommend an acting appointment
without regard to that procedure.

24. The appointment (not being an appointment
delegated by the Governor-General under Article 110 of
the Constitution), promotion and transfer of public officers
shall be made by the Governor-General acting in
accordance with the recommendation of the Commission
and, subject to the provisions of regulation 23 of these
Regulations, the following procedure shall be followed —

(a) as soon as it is known that a vacancy will occur
in the post of “Head of Department” the holder
of that post shall without delay report the matter
to the Permanent Secretary and make
recommendations. If for any reason the Head of
Department is unable to report the vacancy, the
officer acting for such Head of Department or
the next senior officer in the department shall
make the required report and recommmenda-
tions;

(b) upon receipt of a report referred, to in paragraph
(a) of this regulation the Permanent Secretary
shall forward the report together with his
observations thereon to the Director of Public
Personnel, who shall communicate to the Chair-
man in writing his recommendations regarding
the filling of the vacancy;

(c) the Head of Department shall report to the
Permanent Secretary without delay the creation
of any new post or any impending vacancy in an
existing post in his department. The report shall
include a recommendation as to how the post
should be filled and whether or not the post
should be advertised. If it is recommended that
the post should be advertised the Head of
Department shall forward a draft advertisement
with the report;

(d) upon receipt of a report referred to in paragraph
(c) of this regulation, the Permanent Secretary
shall forward it to the Director of Public
Personnel, who shall verify that there is no
Establishment or financial objection to the filling
of the post and that the terms of the advertise-
ment, if any, are correct, and shall forward the


Detailed
procedure for
appointments,
promotion and
transfers.

S.I. 79/1971.

S.I. 79/1971.

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report to the Chairman, together with his own
recommendation in the matter;

(e) in the case of vacancies among miscellaneous
officers to which this regulation applies, the
necessary report shall be made to the Chairman
by the Director of Public Personnel;

(f) if the Commission decides that a post should be
advertised, the Commission shall arrange the
publication of the advertisement and shall
receive the replies to the advertisement;

(g) the Commission may interview the candidates
for any post or it may appoint a Selection Board
for this purpose and the Selection Board shall
report to the Commission in such manner as the
Commission directs. The Commission shall take
into consideration the recommendations by the
Head of Department and the Permanent
Secretary on the candidates;

(h) if the Commission is unable to recommend any
candidate for appointment to the post, the
Commission may propose such arrangements as
may be necessary for recruitment to the post
from outside The Bahamas.

25. (1) Subject to any general or special directions
of the Commission, empowered officers shall have power
to make appointments to any established or unestablished
post the power to appoint to which has been delegated to
them.

(2) In the exercise of any such power empowered
officers shall as far as possible follow the general principles
set out in the preceding regulations in this Part of these
Regulations.

(3) Empowered officers may establish, in accordance
with such directions as may be issued by the Commission
from time to time, Advisory Boards on appointments and
promotions and may consult such Boards in the exercise of
any such power as aforesaid, but shall not be bound to act
upon or in accordance with the advice of any such Board.

S.I 79/1971.

Procedure for the
exercise of
delegated
powers.

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PART IV
DETERMINATION OF

APPOINTMENTS AND EXTENSION
OF PROBATIONARY SERVICE

26. Where a post, being one of a number of such
posts, is abolished, but one or more of such posts
remain —

(a) if such posts are posts in respect of which the
power to appoint has been delegated under
Article 110 of the Constitution, the empowered
officer shall determine which of the appoint-
ments of the substantive holders thereof shall be
terminated in consequence of such abolition; and

(b) in any other case the Head of Department shall
make a report thereon to the Permanent Secretary
who shall refer the report to the Director of
Public Personnel making his recommendations
with reasons therefor as to which of the
substantive holders of such posts shall have his
appointment terminated; the Director of Public
Personnel shall forward such report with his
observations thereon to the Chairman and the
Commission shall make its recommendations
thereon to the Governor-General.

27. If an empowered officer is of the opinion that the
appointment of a non-pensionable public officer should be
terminated (otherwise than as provided in regulation 29 and
46 of these Regulations), the empowered officer shall, in
writing, set out, his reasons and require the officer to show
cause, in writing, why his service should not be terminated;
if no reply is received by the empowered officer within two
weeks of the receipt thereof or if the empowered officer
considers that no adequate cause has been shown —

(a) in the case of an officer in respect of whom
disciplinary control has been delegated, the
empowered officer may terminate the appoint-
ment;

(b) in the case of any other officer, the Head of
Department shall report the case, giving his
reasons and forwarding any representations made
by the officer to the Permanent Secretary who
shall refer the report to the Director of


Termination of
appointment on
abolition of
office.

S.I. 79/1971.

Termination of
non-pensionable
appointments.

S.I. 79/1971.

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Public Personnel and the Director of Public
Personnel shall forward the report together with
his recommendation to the Chairman; and the
Commission shall recommend to the Governor-
General whether the appointment should be
terminated.

28. (1) Where a public officer holds an appointment
subject to a period on probation, which period shall in no
case be less than twelve months, six weeks before the
expiration of the probationary period the empowered
officer shall consider whether such officer should, on such
expiration, be confirmed in an established post or should
serve a further period on probation or should not remain in
the public service. If the officer concerned is one whom he
is empowered to dismiss and he considers that the officer
should serve a further period on probation or should not
remain in the public service, he shall act according to his
opinion in the matter. In any other case in which he
considers that the officer should serve a further period on
probation or should not remain in the public service and in
every case in which he considers that the officer should be
confirmed in an established post, he shall report the matter
together with his reasons therefor to the Director of Public
Personnel, who shall forward the report to the Chairman
with his own recommendations; and the Commission shall
make its recommendation to the Governor-General upon
the matter.

(2) Where a public officer holds a probationary
appointment and the empowered officer at any time during
the period of such probationary appointment is of opinion
that such appointment should be terminated, the empow-
ered officer shall follow the procedure provided in
paragraph (1) of this regulation in respect of an officer
whom he considers should not remain in the public service,
as the circumstances require.

(3) Before either reaching a final conclusion or
deciding to make a report, as the case may be, under the
provisions of paragraph (1) or (2) of this regulation, that a
further period of probationary service by an officer is
necessary, or that an officer should not remain in the public
service, or that the probationary appointment of an officer
should be terminated, the empowered officer shall, if it
appears prima facie that such a conclusion may be


Probationary
appointments.

S.I. 79/1971.

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reached or that such a report may be required, call upon the
officer concerned to submit his representations on the
matter.

PART V
DISCIPLINE

A. General
29. (1) Where a public officer is serving under a

contract which provides for the termination of that contract
by notice before the expiration of the period of service
stipulated in the contract —

(a) in any case where to dismiss such officer under
these Regulations the Commission is required to
make recommendations to the Governor-General
and the Head of Department of that officer is of
the opinion that such contract should be so
terminated, he shall report the matter to the
Permanent Secretary together with the reasons
for such course; and the Permanent Secretary
shall refer the report to the Director of Public
Personnel who shall forward the report to the
Chairman with his recommendations; and the
Commission shall recommend to the Governor-
General whether such course should be taken;

(b) in any other case the officer empowered to
dismiss such officer may terminate the contract:

Provided that where it appears to the Director of
Public Personnel or any other officer empowered to
dismiss that there is any doubt whether under the terms of
the contract such termination can be lawfully effected, the
Director of Public Personnel, or the officer empowered to
dismiss, as the case may be, shall refer the case to the
Attorney-General for advice —

(2) Where a public officer is serving under a
contract which provides for the payment of a gratuity on
completion of satisfactory service —

(a) in any case where to dismiss such officer under
these Regulations the Commission is required to
make recommendations to the Governor-Gen-
eral and the Head of Department of that officer
is of the opinion that no gratuity or part only of
such gratuity should be paid, he shall report the


Premature
termination of
contract and
withholding of
gratuities.

S.I. 79/1971.

S.I. 79/1971.

S.I. 79/1971.

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matter to the Permanent Secretary, together with
the reasons for such course and the Permanent
Secretary shall refer the report to the Director of
Public Personnel with observations thereon. The
Director of Public Personnel if it appears to him
that such an opinion can prima facie be justified,
shall call upon the officer concerned to submit
his representations on the matter and shall
forward the report and any representations
received from the officer to the Chairman with
his recommendations, and the Commission shall
recommend to the Governor-General whether
such gratuity should be paid in whole or in part;

(b) in any other case, the officer empowered to
dismiss such officer may refuse to authorise the
payment of such gratuity or part thereof.

30. (1) The Commission shall make recommendations
to the Governor-General on any such question involving
disciplinary control over public officers as is required to be
submitted to the Governor-General by virtue of Article 108 of
the Constitution.

(2) The Commission shall make recommendations
to the Governor-General on appeals against the orders of
empowered officers in disciplinary matters.

(3) The Commission may review the powers of
disciplinary controls of empowered officers and the
procedure relating to the exercise of such powers and make
recommendations to the Governor-General on such
matters.

(4) Where in any case the Commission is of the
opinion that disciplinary proceedings should be instituted
against a public officer, the Commission may, notwith-
standing the provisions of these Regulations, direct the
Director of Public Personnel to initiate such proceedings:

Provided that in any case where it appears to the
Commission that the conduct of the officer in question may
constitute a criminal offence, the case shall be referred to
the Attorney-General; and where the Attorney-General
advises that it is intended to institute criminal proceedings
in respect thereof, the Commission shall postpone
consideration of the giving of such a direction until the
conclusion of such proceedings and any appeal.

S.I. 79/1971.

Functions of the
Commission with
regard to
discipline.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

31. Any act of misconduct by any public officer
shall be dealt with under this part of these Regulations as
soon as possible after the time of its occurrence.

32. When a preliminary investigation or a disciplinary
inquiry discloses that an offence against any law may have
been committed by a public officer, the empowered officer,
unless action by the police has been or is about to be taken,
shall consult the Attorney-General as to whether a
prosecution should be instituted and, if he does not advise a
prosecution, as to whether disciplinary action should be taken
or continued under the appropriate regulation. In the latter
case the charges framed against the officer shall be approved
by the Attorney-General before the officer is required to
answer them or before the inquiry proceeds.

33. Where criminal proceedings are instituted against
a public officer in any court, proceedings for his dismissal
upon any grounds involved in the criminal charge shall not
be taken until the conclusion of the criminal proceedings
and the determination of any appeal therefrom.

34. No disciplinary action of any kind shall be taken
against any public officer in respect of any conduct, or any
conduct raising, in the opinion of the Attorney-General,
substantially the same issues as conduct in respect of which
he has been acquitted in a criminal court.

35. (1) Subject to paragraph (3) of this regulation, any
public officer, in respect of whom a disciplinary inquiry is to
be held, shall be entitled at or before the commencement of
the inquiry to receive, free of charge, a copy of every
document that is to be relied on for the purpose of, or in
connection with, establishing his guilt, or in default thereof, to
be allowed access thereto.

(2) Subject as aforesaid, any public officer, in
respect of whom a disciplinary inquiry has been held, shall
be entitled after the conclusion of such inquiry to receive a
copy of every document tendered in evidence at such
inquiry on the payment of twenty-five cents therefore, and
a copy of the record of evidence on payment of five cents
for every hundred words after the first hundred words of
that record.

Regulations to
govern
disciplinary
procedure.

Grounds for
criminal
prosecution.

No dismissal
while criminal
proceedings
pending.

Disciplinary
action after
acquittal on a
criminal charge.

Copies of
evidence of
inquiries.

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(3) Nothing in this regulation shall entitle any
person to receive any copy of any official document (not
being a document given in evidence at any inquiry) or any
recorded reason for any decision reached at any inquiry.

36. (1) Subject to the provisions of this regulation, a
public officer may, within one month, (or such longer
period as the Commission may in any particular case
allow) after the decision taken in relation to him by an
empowered officer in any disciplinary proceedings is
communicated to him, appeal against such decision to the
Governor-General through the Commission, and the
Commission shall make a recommendation on any such
appeal to the Governor-General.

(2) Where the Commission is satisfied that, having
regard to —

(a) any new and material facts communicated to the
Commission within one year after the date on
which a decision of an empowered officer was
communicated to a public officer; and

(b) the reasons for the non-disclosure of the said
facts in the previous appeal,

a further appeal should be allowed, then in such a case one
further appeal and one only may be made by such officer to
the Governor-General, through the Commission, and the
Commission shall make a recommendation on the appeal
to the Governor-General.

(3) On communicating to an officer any such
decision as aforesaid, there shall also be communicated to
him the fact that an appeal may be made as mentioned in
paragraph (1) of this regulation:

Provided that failure to communicate such fact shall
not invalidate the decision.

37. (1) Where the authority empowered to dismiss
any public officer considers that the interests of the public
service require that such public officer should cease
forthwith to exercise the powers and functions of his
office, the authority may interdict him from the exercise of
those powers and functions, if disciplinary proceedings for
his dismissal are being taken or are about to be taken or if
criminal proceedings are being instituted against him.

Appeals.

Interdiction.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(2) An officer who is interdicted shall, subject to the
provisions of regulation 38, receive such emoluments, not
being less than one half, as the authority empowered to
dismiss him thinks fit.

(3) Where any disciplinary proceedings mentioned
in paragraph (1) do not result in the dismissal of the officer
or in the award against him of any punishment, the whole
of any emoluments withheld from him shall be restored to
him when the final decision is made; but where any
punishment, not amounting to dismissal, is awarded against
him, there shall be restored to him such proportion, if any,
of any emoluments withheld from him as in the opinion of
the authority is justified in the circumstances of the case.

38. Where any public officer is convicted by any
criminal court of an offence, and is dismissed from the
service on account of such conviction, he shall, with effect
from the date of such conviction, be entitled to receive
such emoluments, if any, as the Commission may think fit:

Provided that any emoluments withheld from an
officer pursuant to this regulation shall be restored to the
officer in any case where any such conviction as aforesaid
is quashed pursuant to the decision of any higher court.

39. (1) An officer who is under interdiction shall not
leave The Bahamas without the permission of the officer
who interdicted him or of any superior officer having
authority over the interdicted officer.

(2) It shall be the duty of an officer under
interdiction to leave with a superior officer referred to in
paragraph (1) an address, within or outside The Bahamas,
as the case may be, where he may at any time be contacted.

40. (1) The following punishments may be ordered
as a result of proceedings under these Regulations —

(a) dismissal;
(b) reduction in rank;
(c) reduction in salary;
(d) deferment of increment;
(e) withholding of increment;
(f) reprimand;
(g) forfeiture of any part of any emoluments,

Non-payment of
salary on
conviction on a
criminal charge.

Interdicted
officers not to
leave The
Bahamas.

Punishments.

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withheld during any period of interdiction under the
provisions of regulations 37:

Provided that nothing in this paragraph shall limit
any power conferred under regulation 27, 28, 29 and 46 to
terminate the appointment of a public officer or any power
conferred in these Regulations to require a public officer to
retire from the public service in the public interest.

(2) Notwithstanding the provisions of paragraph (1)
of this regulation, on completion of proceedings instituted
for dismissal of a public officer —

(a) in the case of a public officer in respect of whom
disciplinary powers have not been delegated, the
Governor-General acting on the recommen-
dation of the Commission may, if of the opinion
that the officer does not deserve to be dismissed
but that the proceedings disclose grounds for
requiring him to retire in the public interest,
require him to do so; and

(b) in the case of a public officer in respect of whom
disciplinary powers have been delegated, the
empowered officer, if of the opinion that the
officer does not deserve to be dismissed but that
the proceedings disclose grounds for requiring
him to retire in the public interest, shall submit
the record of the proceedings and his recommen-
dation to the Director of Public Personnel, who
shall forward the same, with his opinion thereon,
to the Chairman, and the Commission, after
causing such further inquiry to be made as
appears necessary, shall recommend to the
Governor-General whether the officer should be
required to retire in the public interest.

(3) Where an empowered officer is of opinion that
paragraph (2) of this regulation should be applied to a
public officer not being a public officer in respect of whom
disciplinary control has been delegated, he shall make a
report to the Director of Public Personnel who shall
forward the case, giving his opinion thereon to the
Chairman. The Commission shall, after causing such
further inquiry to be made as appears necessary, recom-
mend to the Governor-General whether the officer should
be required to retire in the public interest.

S.I. 79/1971.

S.I. 79/1971.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

B. Proceedings against Public Officers
41. (1) Where an empowered officer considers it

necessary to institute proceedings against the public officer
in respect of whom disciplinary control has not been
delegated and who is serving in a department under his
supervision, on grounds of misconduct which, if proved,
would justify his dismissal from the public service, he shall
cause such preliminary investigation to be made as he
considers necessary and shall report the facts to the
Director of Public Personnel. The Director of Public
Personnel shall, after considering the report —

(a) and, if he considers that a charge should be
made against the officer, after consulting the
Attorney-General as to the terms of the charge,
forward to the officer a statement of the charge
preferred against him together with a brief
statement of the particulars of the allegation upon
which the charge is based, in so far as they are
not clear from the charge itself; and shall call
upon the accused officer to state in writing,
within such reasonable time as shall be specified,
any grounds upon which he relies to exculpate
himself; or

(b) if he considers that, if the offence is proved,
some penalty other than dismissal is likely to be
appropriate, shall arrange for the procedure set
out in regulation 43 or 45, as the case may be, of
these Regulations to be followed.

(2) If the officer does not furnish a reply to any
charge forwarded under sub-paragraph (a) of paragraph (1)
of this regulation within the period specified, or if, in the
opinion of the Director of Public Personnel he fails to
exculpate himself, the Governor-General may cause a
committee to be appointed to inquire into the matter. One
member of the committee shall be a judge, magistrate or a
public officer with legal qualifications who shall be
chairman. The Head of Department under whom the officer
is serving shall not be a member of the committee.

(3) The committee shall inform the accused officer
that on a specified day the charge against him will be
investigated by them and that he will be allowed or, if the
committee shall so determine, will be required, to appear
before the committee.

Proceedings for
dismissal of a
public officer in
respect of whom
disciplinary
control has not
been delegated.

S.I. 79/1971.

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(4) If witnesses are examined by the committee, the
accused officer shall be given an opportunity of being
present and of putting questions on his own behalf to the
witnesses, and no documentary evidence shall be used
against him unless he has been previously supplied with a
copy thereof or given access thereto.

(5) The committee may permit the Head of Depart-
ment or the Permanent Secretary or the accused officer to
be represented by a public officer or a legal practitioner,
provided that where the committee permit the one party to
be so represented, they shall permit the other party to be
represented in the same manner.

(6) If during the course of the inquiry grounds for
the framing of an additional charge against the accused
officer are disclosed, the committee shall so inform the
Director of Public Personnel and if the Director of Public
Personnel thinks fit to recommend proceedings against the
accused officer upon such grounds, the same procedure
shall be followed in respect of the additional charge as was
adopted in respect of the original charge.

(7) The committee, having inquired into the matter,
shall forward their report thereon to the Chairman,
accompanied by the record of the charges made, the
evidence taken and any other proceedings relevant to the
inquiry.

(8) The Commission, after consideration of the
report of the committee may, if it is of the opinion that the
report should be amplified in any way or that further
investigation is desirable, refer the matter back to the
committee for further investigation and report. The
Commission shall forward the written proceedings of the
inquiry to the Governor-General together with its
recommendation as to the punishment, if any, which should
be inflicted on the accused officer. The decision on each
charge preferred against the accused officer shall be
communicated to him (but not the reasons for the decision).

42. Where an empowered officer considers it
necessary to institute disciplinary proceedings against a
public officer serving in a department under his supervision,
in respect of whom disciplinary control has been delegated
upon grounds of misconduct, which, if proved, would
warrant his dismissal from the public service, he shall cause
such preliminary investigation as he may deem necessary


S.I. 79/1971.

Proceedings for
dismissal of a
public officer in
respect of whom
disciplinary
control has been
delegated.

106 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

to be made and shall forward to the officer concerned a
written statement of the charge made against him and shall
call upon the officer to state in writing, within such
reasonable time as shall be specified, any grounds upon
which he relies to exculpate himself. If the accused officer
does not avail himself of this opportunity or if in the
opinion of the empowered officer he fails to exculpate
himself, then the empowered officer may dismiss the
accused officer or impose such penalty as he considers
appropriate.

43. (1) Where an empowered officer considers it
necessary to institute disciplinary proceedings against a
public officer in respect of whom disciplinary control has
not been delegated and is of the opinion that the
misconduct alleged is not serious enough to warrant
dismissal, he shall investigate the matter in such manner as
he thinks proper or he may request the Director of Public
Personnel to cause an investigation to be made; in either
case the officer shall be entitled to know the whole case
against him and shall be given adequate opportunity of
making his defence.

(2) If, as a result of an investigation referred to in
paragraph (1) of this regulation, the empowered officer is
of the opinion that the allegation is proved, he shall make a
report to the Director of Public Personnel who shall
forward the report, with his recommendation as to penalty
to the Chairman.

(3) The Commission shall make recommendations
to the Governor-General as to what penalty, if any, should
be inflicted on the officer.

(4) The decision on each charge preferred against the
officer shall be communicated to him (but not the reasons
for the decision) by the Director of Public Personnel.

(5) Notwithstanding the provisions of this
regulation, if at any stage during proceedings taken, it
appears to the Director of Public Personnel that —

(a) the offence, if proved, would justify dismissal; or
(b) if the offence is proved, proceedings for the

retirement of the officer from the public service
in the public interest would be more appropriate,

such proceedings shall be discontinued and the procedure
in regulation 41 or 45, as the case may be, shall be
followed.

Proceedings for
misconduct not
warranting
dismissal against
a public officer in
respect of whom
disciplinary control
has not been
delegated.
S.I. 79/1971.

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44. (1) Where an empowered officer considers it
necessary to institute disciplinary proceedings against a
public officer in respect of whom disciplinary control has
been delegated and is of the opinion that the misconduct
alleged is not serious enough to warrant dismissal, he shall
investigate the matter in such manner as he thinks proper;
but so that the accused officer shall be entitled to know the
whole case against him and shall be given an adequate
opportunity of making his defence.

(2) If, as a result of an investigation referred to in
paragraph (1) of this regulation, the empowered officer is
of the opinion that the allegation is proved he shall inflict
such punishment authorised by these Regulations other
than dismissal, as he thinks in the circumstances to be
proper.

(3) The decision on each charge preferred against
the officer shall be communicated to him (but not the
reasons for the decision) by the empowered officer.

(4) Notwithstanding the provisions of this
regulation, if, at any stage during proceedings taken, it
appears to the empowered officer that —

(a) the offence, if proved, would justify dismissal;
or

(b) if the offence is proved, proceedings for the
retirement of the officer from the service in the
public interest would be more appropriate.

such proceedings shall be discontinued and the procedure
in regulation 42 or 45, as the case may be, shall be
followed.

45. (1) If a Permanent Secretary or Head of Depart-
ment considers that it is desirable in the public interest that
a public officer serving in his department should be
required to retire from the public service on grounds which
cannot suitably be dealt with under any other regulation, he
shall report the matter to the Director of Public Personnel.

(2) The Director of Public Personnel may obtain
from any public officer under whom such public officer has
served a report as to his work and conduct, and may allow
any such officer to consider such reports and shall allow
such officer to show cause why he should not be retired
from the public service and to make a written statement, if
he so desires.

Proceedings for
misconduct not
warranting
dismissal against
a public officer in
respect of whom
disciplinary
control has been
delegated.

Proceedings
against a public
officer for
retirement in the
public interest.
S.I. 79/1971.

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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(3) If the Director of Public Personnel after
considering the officer’s statement and having regard to all
the circumstances of the case, is of the opinion that such
officer should be retired from the public service in the
public interest, he shall forward to the Chairman any report
obtained under the preceding paragraph and the statement
of the officer together with his own recommendation. The
Commission shall recommend to the Governor-General
whether or not the officer should be retired.

(4) If the Commission recommends that the officer
shall be retired from the public service, the Commission
shall further recommend whether the officer should be
granted the full pension or gratuity for which he is eligible
or a reduced pension or reduced gratuity, or no pension or
no gratuity, as the case may be.

46. Where any public officer is convicted by any
criminal court of an offence, the Head of Department shall
bring the matter to the notice of the Permanent Secretary,
who shall report the matter to the Director of Public
Personnel. The Director of Public Personnel, after inviting the
officer concerned to make any representations he desires
concerning the offence, shall forward the report with his
recommendations as to punishment and a copy of the charge
and of the conviction (and the proceedings of the court if
available) to the Chairman. The Commission shall consider
the conviction (and the proceedings if available) and if, after
considering any representations made by the officer, it is of
the opinion that the officer should be dismissed or subjected
to some other disciplinary penalty on account of the
conviction for the offence, the Commission shall recommend
to the Governor-General that such penalty should be inflicted
without following the procedure prescribed in regulation 41,
42, 43 or 44 of these Regulations.

C. Procedure on Admission of Offences
47. Where the facts giving rise to any charge made

against an officer under regulation 41 or 43 are admitted by
that officer in writing, a record of the case, together with
the comments of the Permanent Secretary or Head of
Department and the Director of Public Personnel, shall be
forwarded to the Chairman and the Commission shall, after
causing such further inquiry to be made as appears
necessary, recommend to the Governor-General what
punishment should be inflicted on the officer.

Criminal
conviction of a
public officer.

S.I. 79/1971.

S.I. 79/1971.

Admission of
offence.

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D. Miscellaneous
48. Where, under the preceding regulations, a Head

of Department authorises or recommends to the Permanent
Secretary or the Director of Public Personnel proceedings
against a public officer, the Director of Public Personnel
shall inform the Chairman of the action authorised by the
recommendation made and shall ensure that at each stage
of the proceedings the Chairman is kept informed. Despite
any general delegation of powers, it shall be open to the
Commission, if it thinks fit, to provide for or discontinue
disciplinary proceedings against any public officer.

49. Where any public officer is absent from duty
without leave or reasonable cause for a period exceeding
seven days and the officer cannot be found within a period
of fourteen days of commencement of such absence, or, if
found, no reply to a charge of absence without leave is
received from him within ten days after the despatch of the
charge to him —

(a) in the case of a public officer in respect of whom
disciplinary control has been delegated, the
empowered officer may summarily dismiss him;

(b) in any other case, the Head of Department shall
report the matter to the Permanent Secretary,
who shall refer the matter to the Director of
Public Personnel and the Director of Public
Personnel shall inform the Chairman; and the
Commission shall make its recommendation to
the Governor-General thereon.

50. (1) If a Head of Department is of the opinion that
an annual increment in salary of a public officer holding a
post in his department should be deferred or withheld on the
ground of unsatisfactory service during the previous year, or
for failure to pass a prescribed examination, he shall make a
confidential report to the Permanent Secretary giving the
reasons therefor and —

(a) if the officer is one in respect of whom
disciplinary control has not been delegated, the
Permanent Secretary shall forward the report to
the Director of Public Personnel with his own
recommendation thereon and the Director of
Public Personnel shall forward the same together
with his recommendation to the Chairman and


Commission to
be kept informed
of proceedings
and to have
power to
intervene
S.I. 79/1971.

Absence from
duty without
leave.

S.I. 79/1971.

Withholding and
restoration of
increments.
S.I. 79/1971.

110 THE CONSTITUTION





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

the Commission shall make a recommendation
to the Governor-General on the matter;

(b) if the officer is one in respect of whom
disciplinary control has been delegated, the
empowered officer shall act as he thinks fit.

(2) If a Head of Department is of the opinion that an
annual increment in salary of a public officer which has
been deferred or withheld should be granted, he shall make
a confidential report to the Permanent Secretary giving the
reasons therefor and —

(a) if the officer is one in respect of whom
disciplinary control has not been delegated, the
Permanent Secretary shall forward the report to
the Director of Public Personnel with his own
recommendation thereon and the Director of
Public Personnel shall forward the same together
with his recommendation to the Chairman and
the Commission shall make a recommendation
to the Governor-General on the matter;

(b) if the officer is one in respect of whom
disciplinary control has been delegated, the
empowered officer shall act as he thinks fit.

(3) Where the award of the increment has been
deferred, the increment may be granted as from the
incremental date in which case the arrears of salary due
may be paid to the officer concerned.

(4) Where the increment has been withheld for a
period of less than one year, the officer concerned shall be
entitled to draw the increased salary as from the day
following the close of the period for which the increment
has been withheld and shall be eligible for a further
increment on the next incremental date.

(5) Where the increment has been withheld for a
year, the officer concerned shall be eligible for one
increment and no more on the next incremental date.

51. Where, in these Regulations, a Head of
Department is required to report to, or bring a matter to the
notice of, the Permanent Secretary for transmission to
another person or authority, then in the case of a
Department which is not supervised by a Permanent
Secretary, the Head of Department shall report to, refer or
bring the matter direct to the notice of the person of
authority to whom the Permanent Secretary is required by
the particular regulation to report, refer or give notice.

Procedure when
Department not
supervised by
Permanent
Secretary.
Read Entire Law on laws.bahamas.gov.bs