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the draft constitution of the commonwealth of grenada

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criminal matters in some part <strong>of</strong> <strong>the</strong> Commonwealth Caribbean or a<br />

court having jurisdiction in appeals from such a court.<br />

Vacancy in <strong>the</strong> <strong>of</strong>fice<br />

<strong>of</strong> Chairman<br />

Appointment <strong>of</strong> person<br />

to act as a member <strong>of</strong><br />

<strong>the</strong> Commission<br />

Oath <strong>of</strong> Allegiance<br />

and Oath <strong>of</strong> Office<br />

Independence <strong>of</strong><br />

<strong>the</strong> Commission<br />

Regulations<br />

governing<br />

procedure <strong>of</strong><br />

Commission<br />

Commission may act<br />

notwithstanding<br />

vacancy<br />

Representative bodies<br />

136. If <strong>the</strong> <strong>of</strong>fice <strong>of</strong> Chairman <strong>of</strong> <strong>the</strong> Commission is<br />

vacant or if <strong>the</strong> person holding that <strong>of</strong>fice is for any reason unable<br />

to exercise <strong>the</strong> duties <strong>of</strong> <strong>of</strong>fice, <strong>the</strong>n, until a person has been<br />

appointed to and has assumed <strong>the</strong> duties <strong>of</strong> that <strong>of</strong>fice or until <strong>the</strong><br />

person holding that <strong>of</strong>fice has resumed those duties, as <strong>the</strong> case<br />

may be, <strong>the</strong> President may name one <strong>of</strong> <strong>the</strong> members <strong>of</strong> <strong>the</strong><br />

Commission to act as Chairman for <strong>the</strong> time being until a<br />

Chairman has been appointed.<br />

137. If at any time any member <strong>of</strong> <strong>the</strong> Commission is<br />

acting as Chairman or is for any reason unable to exercise <strong>the</strong><br />

functions <strong>of</strong> his or her <strong>of</strong>fice, <strong>the</strong> President, in consultation with <strong>the</strong><br />

Prime Minister and Leader <strong>of</strong> <strong>the</strong> Opposition, may appoint a person<br />

who is qualified to be appointed as a member <strong>of</strong> <strong>the</strong> Commission to<br />

act as a member, and any person so appointed shall, subject to <strong>the</strong><br />

provisions <strong>of</strong> subsection (4) <strong>of</strong> this section, continue to act until <strong>the</strong><br />

<strong>of</strong>fice in which he or she is acting has been filled or, as <strong>the</strong> case<br />

may be, until <strong>the</strong> holder <strong>the</strong>re<strong>of</strong> has resumed <strong>the</strong> duties <strong>of</strong> <strong>the</strong> <strong>of</strong>fice<br />

or until his or her appointment to act has been revoked by <strong>the</strong><br />

President.<br />

138. A member <strong>of</strong> <strong>the</strong> Commission shall not enter upon<br />

<strong>the</strong> duties <strong>of</strong> his or her <strong>of</strong>fice until he or she has taken and<br />

subscribed <strong>the</strong> Oath <strong>of</strong> Allegiance and <strong>the</strong> Oath <strong>of</strong> Office.<br />

139. The Commission, in <strong>the</strong> exercise <strong>of</strong> its functions<br />

under this Constitution, shall not be subject to <strong>the</strong> direction or<br />

control <strong>of</strong> any o<strong>the</strong>r person or authority.<br />

140. The Commission may by regulations or o<strong>the</strong>rwise<br />

regulate its own procedure and, with <strong>the</strong> consent <strong>of</strong> <strong>the</strong> Prime<br />

Minister, may confer powers or impose duties on any public <strong>of</strong>ficer<br />

or on any authority <strong>of</strong> <strong>the</strong> Government <strong>of</strong> Grenada for <strong>the</strong> purpose<br />

<strong>of</strong> <strong>the</strong> exercise <strong>of</strong> its functions.<br />

141. The Commission may, subject to its rules <strong>of</strong><br />

procedures, act notwithstanding any vacancy in its membership or<br />

<strong>the</strong> absence <strong>of</strong> any member and its proceedings shall not be<br />

intimidated by <strong>the</strong> presence or participation <strong>of</strong> any person not<br />

entitled to be present or to participate in those proceedings;<br />

provided that any decision <strong>of</strong> <strong>the</strong> Commission shall require <strong>the</strong><br />

concurrence <strong>of</strong> a majority <strong>of</strong> all its members.<br />

142. For purposes <strong>of</strong> this section “<strong>the</strong> appropriate<br />

representative bodies” means <strong>the</strong> Grenada Civil Service<br />

Association and <strong>the</strong> Grenada Union <strong>of</strong> Teachers.<br />

Power <strong>of</strong> Commission<br />

to appoint persons to<br />

<strong>the</strong> public service<br />

81

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