CHAPTER
014
THE CONSTITUTION OF THE REBUPLIC OF GHANA 1992
THE PUBLIC
SERVICES
190 (1)
The Public Services of Ghana shall include -
(a)
the Civil Service,
the
Judicial Service,
the
Audit Service,
the
Education Service,
the
Prisons Service,
the
Parliamentary Service,
the
Health Service,
the
Statistical Service,
the
National Fire Service,
the
Customs, Excise and Preventive Service,
the
Internal Revenue Service,
the
Police Service,
the
Immigration Service; and
the
Legal Service;
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(b)
public corporations other than those set up as commercial ventures;
(c)
public services established by this Constitution; and
(d)
such other public services as Parliament may by law prescribe.
(2)
The Civil Service shall, until provision is otherwise made by Parliament,
comprise service in both central and local government.
(3) Subject
to the provisions of this constitution, an Act of Parliament enacted
by virtue of clause (1) of this article shall provide for -
(a)
the governing council for the public service to which it relates;
(b)
the functions of that service; and
(c)
the membership of that service.
(4)
For the purposes of this article "public corporation" means a public
corporation established in accordance with article 192 of this Constitution
other than one set up as a commercial venture.
191 A
member of the public services shall not be -
(a)
victimized or discriminated against for having discharged his duties
faithfully in accordance with this Constitution; or
(b)
dismissed or removed from office or reduced in rank or otherwise
punished without just cause.
192 A
public corporation shall not be established except by Act of Parliament.
193 (1)
The President shall, acting in accordance with the advice of the
Public Services Commission, appoint a public officer as the Head
of the Civil Service.
(2)
Subject to the provisions of this Constitution, the Head of the
Civil Service shall not hold any other public office.
194 (1)
There shall be a Public Services Commission which shall perform
such functions as assigned to it by this Constitution or by any
other law.
(2)
The Public Services Commission shall consist of -
(a)
a chairman, a vice-chairman and three other members who shall be
full-time members of the Commission; and
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(b)
such other members as Parliament may, subject to article 70 of this
Constitution, by law prescribe.
(3)
A person shall not be qualified to be appointed a member of the
Public Services Commission -
(a)
if he is not qualified to be elected as a member of Parliament;
or
(b)
if he is otherwise disqualified from holding a public office.
((5)
Subject to clause (6) of this article, the terms and conditions
of service including retiring ages of a Justice of the Court shall
apply to the Vice-Chairman.
(6)
The provisions of article 146 of this Constitution relating to the
removal from office of a Justice of the Superior Court of Judicature,
shall apply -
(a) to the full-time
members of the Public Services Commission;
(b)
to the members of the Commission referred to in paragraph (b) of clause
(2) of this article, before the expiration of their period of service
as provided by law.
(7) The salaries,
allowances, facilities and privileges payable or available to the
members of the Commission other than the Chairman and Vice-Chairman,
shall be determined under article 71 of this Constitution.
195 (1)
Subject to the provisions of this Constitution, the power to appoint
persons to hold or to act in an office in the public services shall
vest in the President, acting in accordance with the advice of the
governing council of the service concerned given in consultation
with the Public Services Commission.
(2)
The President may, subject to such conditions as he may think fit,
delegate some of his functions under this article by directions in
writing to the governing council concerned or to a committee of the
council or to any member of that governing council or to any public
officer.. (3)
The power to appoint persons to hold or act in an office in a body
of higher education, research or professional training, shall vest
in the council or other governing body of that institution or body. 196
The Public Service
Commission shall have such powers and exercise such supervisory,
regulatory and consultative functions as Parliament shall, by law,
prescribe, including as may be applicable, the supervision and regulation
of, entrance and promotion examinations, recruitment and appointment
into or promotions within, the public services, and the establishment
of standards and guidelines on the terms and conditions of employment
in the public services.
197 The
Public Service Commission may, subject to the approval of the President,
make regulations, by constitutional instrument, for the effective
and efficient performance of its functions under this Constitution
or any other law.
198 Except
as otherwise provided in this Constitution, or any other law not
inconsistent with this Constitution, the Public Service Commission
shall not be subject to the control or direction of any person or
authority in the performance of its functions.
199 (1)
A public officer shall, except as otherwise provided in this Constitution,
retire from the public service on attaining the age of sixty years.
(2)
A public officer may, except as otherwise provided in this Constitution,
retire from the public service at any time after attaining the age
of forty-five years.
(3) The pension
payable to any person shall be exempt from tax. |