These regulations may be cited as The Public Service Commission Regulations, 1971 and shall come into operation on the first day of February, 1971.

1. Title and commencement

These regulations may be cited as The Public Service Commission Regulations, 1971 and shall come into operation on the first day of February, 1971.

2. Interpretation

These regulations may be cited as The Public Service Commission Regulations, 1971 and shall come into operation on the first day of February, 1971.

3. Appointment of the Secretary and other staff of the Commission

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

(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. Record of meetings and decisions

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 there from and to have his dissent and his reasons therefore set out in the record of such meeting.
6. Other decisions

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. Privilege from disclosure in legal proceedings

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

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. Consultation with persons other than members

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 certifies that such production is not in the public interest, require the production of any official document relating to any such matter.
10. Documents to be made available

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. Failure to comply with requirement of Commission

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 Establishment Secretary that disciplinary proceedings should be instituted against him and the Establishment Secretary shall act accordingly
12. Improper influence

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 inf6rmation or assistance at the request of the Commission
13. Penalty for supplying false information to Commisison

Any person who in connection with any application 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 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. Unauthorized disclosure of information

(1) Neither the Chairman nor any member nor any other person shall without the written permission of  the Governor publish or disclose to any person other wise 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.

15. General functions of the Commission with regard to appointments, promotions and transfers
16. Supervision of recruitment
17. Advertisement of vacancies
18. Principles and procedure applicable to selection for promotion
19. Maintenance of a confidence report system
20. Principles and procedure applicable for acting appointments
21. Selection for Scholarships and courses
22. Selection of Scholarships and courses
23. Procedures in cases of urgency
24. Detailed procedure for appointments, promotions and transfers
25. Procedure for the exercise of delegated powers

26. Termination of appointment on abolition of office

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 section 99 of the Constitution, the empowered officer shall determine which of the appointments 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 Establishment Secretary making his recommendations with reasons therefor as to which of the substantive holders of such posts shall have his appointment terminated; the Establishment Secretary shall forward such report with his observations thereon to the Chairman and the Commission shall make its recommendations thereon to the Governor
27. Termination of non-pensionable appointments

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 appointment;

    (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 Establishment Secretary and the Establishment Secretary shall forward the report together with his recommendation to the Chairman; and the Commission shall recommend to the Governor whether the appointment should be terminated.
28. Probationary appointments

(1)  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 therefore to the Establishment Secretary, who shall forward the report to the Chairman with his own recommendations; and the Commission shall make its recommendation to the Governor 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 the opinion that such appointment should be terminated, the empowered 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 reached or that such a report may be required, call upon the officer concerned to submit his representations on the matter.

A. General

B. Proceedings Against Public Officer

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

Where an empowered officer considers it necessary to institute disciplinary  proceeding 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 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 the opinion of the empowered officer he fails to exculpate himself, then the empowered officer may dismissed the accused officer or imposed such penalty as he  considers appropriate.
43. Proceedings for misconduct, not warranting dismissal against a public officer in respect of whom disciplinary control ha...
44. Proceedings for misconduct, not warranting dismissal against a public officer in respect of whom disciplinary control ha...
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
D. Miscellaneous
48. Commission to be kept informed of proceedings and to have power to intervene

Where, under the preceding regulations, a Head of Department authorizes or recommends to the Permanent Secretary or the Establishment Secretary proceedings against a public officer, the Establishment Secretary shall inform the Chairman of the action authorized, of 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. Absence from duty without leave

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 desptach 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 PermanentSecretary, who shall refer the matter to the Establishment Secretary and the Establishment Secretary shall inform the Chairman; and the Commission shall make its recommendation to the Governor thereon.
50. Withholding and restoration of increments

(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 therefore 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 Permanent, Secretary in the Ministry responsible for the Public Service with his own recommendation thereon and the Permanent Secretary in the Ministry responsible for the Public Service 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.

(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 therefore 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 Permanent Secretary in the Ministry responsible for 'the Public Service with his own recommendation thereon and the Permanent Secretary in. the Ministry responsible 
for the Public Service 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 for a specific period of time the increment may be granted from the date that the Head of Department or Permanent Secretary states that there has been an improvement in the public officer's performance. if there is no improvement in the  public officer's  performance then the increment shall be withheld.

(4)    Where the increment has been withheld for a period of less than one year, the increment may be restored from the date that the Head of Department or Permanent Secretary states that there has been an improvement in the public officer's performance.

(5)  Where the increment has been withheld for a period of one year, the officer concern should be eligible for one increment and no more on the next incremental date.
51. Procedure when Department not supervised by Permanent Secretary

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 or authority to whom the Permanent Secretary is required by the particular regulation to report, refer or give notice.
52. Revocation and transitional

The Public Service Commission Regulations, 1971 are hereby revoked.  Provided that such revocation shall not affect the validity of anything done or any inquiry or proceeding commenced under the Regulations hereby revoked and any such inquiry or proceedings if not concluded at the date of such revocation may be continued and concluded and shall be deemed for all purposes to have been commenced under the provisions of these Regulations.