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Constitution (Amendment) Act 1982

SOLOMON ISLANDS

THE CONSTITUTION (AMENDMENT) ACT 1982

NO 14 OF 1982

Passed by the National Parliament this fifth day of August 1982.

This printed impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true and correct copy of the said Bill.

Festus Fa'amaea
Clerk to the National Parliament

Assented to in Her Majesty's name and on Her Majesty's behalf this 17th day of August 1982.

B Devesi
Governor-General/i

Date of commencement: see section 1 23/09/83

AN ACT to amend the Constitution and to provide for the establishment of the Teaching Service Commission.

ENACTED by the National Parliament of Solomon Islands.

Short title and commencement

1. This Act may be cited as the Constitution (Amendment) Act 1982 and shall come into operation on a date to be fixed by the Governor-General by notice in the Gazette.

Constitution amended

2. The Constitution is amended -

(a) in section 116(3)(c) by inserting after the word "section" the words "116B or";

(b) by adding after section 116 the following new sections –

"Teaching Service Commission.

116A. (1) There shall be a Teaching Service Commission comprised of –

(a) the Chairman of the Public Service Commission who shall be Chairman of the Commission;

(b) not less than 2 nor more than 3 other members appointed by the Governor -General for such period being not less than 3 nor more than 6 years as may be specified in their respective instruments of appointment.

(2) Any person shall be disqualified for appointment as a member of the Teaching Service Commission if he is a member of Parliament or of Provincial Assembly or a public officer or an officer of any society or association which the Governor-General in his own deliberate judgement is satisfied is of a political nature.

(3) A person shall not while he holds or is acting in the office of a member of the Teaching Service Commission be eligible for appointment to or to act in any public office.

(4) The office of a member of Teaching Service Commission shall become vacant -

(a) at the expiration of the period specified in the instrument by which he was appointed;

(b) if he becomes a member of Parliament;

(c) if he becomes an officer of any society or association which the governor – General in his own deliberate judgement, is satisfied is of a political nature; or

(d) if he is removed from office in accordance with section 126.

(5) If the office of a member of the Teaching Service Commission other than the Chairman is vacant or the holder is acting as the Chairman or is for any reason unable to perform the functions of his office, the Governor-General may appoint a person who is qualified for appointment as a member, of the Commission to act as such a member, and any person so appointed may, subject to subsection (4), continue to act until he is notified by the Governor-General that the circumstances giving rise to the appointment have ceased to exist.

Appointment, etc. of teachers.

116B. (1) Power to make appointments to the offices to which this section applies (including power to confirm appointments) and to remove and to exercise control over persons holding or acting in such offices is vested in the Teaching Service Commission.

(2) The Teaching Service Commission may, subject to such conditions as it thinks fit, delegate any of its powers under this section by directions in writing to any member of the Commission or to any public officer or to any provincial government officer.

(3) Before making any appointment to a school set up by a Provincial Assembly or a Church or other body, the Teaching Service Commission shall consult the relevant education authority.

(4) This section applies to teachers in primary schools, secondary schools and institutes of tertiary education."; and

(c) in section 126(5) by adding after the words "Public Service Commission," the words "appointed member of the Teaching Service Commission under section 116A(1)(b),".