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The Bahamas Independence Order 1973

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Grant and withholding of pensions, etc

123.—(1) The power to grant any award under any pensions law for the time being in force in The Bahamas (other than an award to which, under that law, the person to whom it is payable is entitled as of right) and, in accordance with any provisions in that behalf contained in any such law, to withhold, reduce in amount or suspend any award payable under any such law is hereby vested in the Governor-General.

(2) The power vested in the Governor-General by paragraph (1) of this Article shall be exercised by him on the recommendation of the appropriate Service Commission.

(3) The appropriate Service Commission shall not recommend to the Governor-General that any award for which a person who holds or has held the office of a Justice of the Supreme Court or Justice of Appeal or Auditor-General is eligible shall not be granted, or that any award payable to him shall be withheld, reduced in amount or suspended, on the ground that he has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour.

(4) In this Article and in Article 124 of this Constitution “the appropriate Service Commission” means

(a)in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office serving—

(i)as a Justice of the Supreme Court or Justice of Appeal;

(ii)in any public office to which the provisions of Article 117 of this Constitution applied on that date.

the Judicial and Legal Service Commission;

(b)in the case of an award that may be granted or is payable to a person who, having been a public officer, was immediately before the date on which he ceased to hold public office, serving as a member of the Police Force, the Police Service Commission;

(c)in any other case the Public Service Commission.

(5) In this Article “pension law” means any law relating to the grant to any person or to the widow, children, dependants or personal representatives of that person, of an award of any pension, compensation, gratuity or other like allowance in respect of the service of that person in a public office and includes any instrument made under any such law.

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