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Chapter 1 General
Part 7 Chapter 1 General
ARTICLE 122
For the purposes of this Chapter, unless the context otherwise requires "public office" means an office in the public service; "public officer" means the holder, whether substantive or temporary or acting, of a public office; "public service" means any service under the Republic other than service in the army or the security forces of the Republic and includes service under the Cyprus Broadcasting Corporation, the Cyprus Inland Telecommunications Authority and the Electricity Authority of Cyprus and any other public corporate or unincorporated body created in the public interest by a law and either the funds of which are provided or guaranteed by the Republic or, if the enterprise is carried out exclusively by such body, its administration is carried out under the control of the Republic but does not include service in an office the appointment to or the filling of which is, under this Constitution, made jointly by the President and the Vice-President of the Republic or service by workmen except those who are regularly employed in connection with permanent works of the Republic or any such body as aforesaid.
ARTICLE 123
1. The public service shall be composed as to seventy percent um of Greeks and as to thirty per cent um of Turks.
2. This quantitative distribution shall be applied, so far as this will be practically possible, in all grades of the hierarchy in the public service.
3. In regions or localities where one of the two Communities is in a majority approaching one hundred per centum the public officers posted for, or entrusted with, duty in such regions or localities shall belong to that Community.
ARTICLE 124
1. There shall be a Public Service Commission consisting of a Chairman and nine other members appointed jointly by the President and the Vice-President of the Republic.
2. Seven members of the Commission shall be Greeks and three members shall be Turks.
3. Each member of the Commission shall be appointed for a period of six years, but he may at any time resign his office by writing under his hand addressed to the President and the Vice-President of the Republic.
4. The remuneration and other conditions of service of a member of the Commission shall be provided by a law and shall not be altered to his disadvantage after his appointment.
5. A member of the Commission shall not be removed from office except on the like grounds and in the like manner as a judge of the High Court.
6.
- No person shall be appointed as a member of the Commission unless he is a citizen of the Republic, of high moral character and has the qualifications for election as a member of the House of Representatives.
- No person shall be appointed as, or be, a member of the Commission who is, or within the preceding twelve months in the case of the Chairman or six months in the case of any other member, has been :
- a Minister;
- a member of the House of Representatives or of any Communal Chamber;
- a public officer or a member of any of the armed forces;
- an officer or employee of any local authority or of a body corporate or authority established by law for public purposes;
- a member of a trade union or of a body or association affiliated to a trade union.
7. Where, during any period, a member of the Commission has been granted leave of absence or is unable, owing to absence from the Republic, or to any other cause, to discharge his functions as a member, the President and the Vice-President of the Republic may jointly appoint at his place any person who would be qualified to be appointed to exercise such functions, during that period.
ARTICLE 125
1. Save where other express provision is made in this Constitution with respect to any matter set out in this paragraph and subject to the provisions of any law, it shall be the duty of the Public Service Commission to make the allocation of public offices between the two Communities and to appoint confirm, emplacement on the permanent or pensionable establishment, promote transfer, retire and exercise disciplinary control over, including dismissal or removal from office of, public officers.
2. The Chairman shall convene the meetings of the Commission and shall preside thereat:
Provided that :
- no meeting shall be held unless prior notice thereof has been given to all the members; absolute majority vote including at least the votes of two Turkish members of the Commission: Provided that if such a decision cannot be taken on such majority, the question shall be referred by the Commission to the Supreme Constitutional Court for a decision; the decision of such Court shall be final and binding on the Commission.(3) Where the question relates solely to a Turk any decision of the Commission shall be taken by such an absolute majority vote including the votes of at least two Turkish members. Where the question relates solely to a Greek, any decision of the Commission shall be taken by such an absolute majority vote including the
- on an equality of votes the Chairman shall not have a second or casting vote.
3.
- Subject to the ensuing provisions of this paragraph any decision of the Commission shall be taken by an absolute majority vote of its members.
- If the question relates to an appointment or promotion to fill a vacant or newly created post, the decision whether such post shall be filled, under the provisions of this Constitution, by a Greek or a Turk, shall be taken by such votes of at least four Greek members.
4. Where the question relates to the selection of the Greek or the Turk to be appointed or promoted, the decision shall, subject to sub-paragraph (3) of this paragraph, be taken by an absolute majority vote: Provided that the unanimous recommendation, of five Greek members in the case of the selection of a Greek, or of the three Turkish members in the case of the selection of a Turk, shall be acted upon by the Commission.
Chapter 2
The Accountant-General and the Deputy Accountant-General
ARTICLE 126
1. The President and the Vice-President of the Republic shall appoint jointly two fit and proper persons one to be the Accountant-General and the other to be the Deputy Accountant-General: Provided that the Accountant-General and the Deputy Accountant-General shall not belong to the same Community.
2. The Accountant-General shall be the Head and the Deputy Accountant-General shall be the Deputy Head of the Treasury.
3. The Accountant-General and the Deputy Accountant-General shall be members of the permanent public service of the Republic.
4. The retirement and any disciplinary control, including dismissal or removal from office, of the Accountant-General and the Deputy Accountant-General shall be within the competence of the Public Service Commission.
ARTICLE 127
1. The Accountant-General assisted by the Deputy Accountant- General shall manage and supervise all accounting operations in respect of all moneys and other assets administered, and of liabilities incurred, by or under the authority of the Republic and, subject to the provisions of this Constitution or of any law, shall receive and make all the disbursements of moneys of the Republic.
2. The Accountant-General assisted by the Deputy Accountant-General shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by law.
3. The powers, functions and duties of the Accountant-General provided in this Chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions.
ARTICLE 128
1. The Deputy Accountant-General shall have such powers and shall perform such functions and duties as normally appertain to his office and also shall, subject to the directions of the Accountant-General, exercise all the powers and perform all the functions and duties vested in the Accountant-General under the provisions of this Constitution or by law.
2. The Deputy Accountant-General shall act for the Accountant-General in case of his absence or his temporary incapacity to perform his duties. |
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