CHAPTER VI
THE EXECUTIVE

PART II


Part : I  -  II  -  III
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8  -  9  -  10
    1. The quorum for a meeting of any of the bodies established by section 197 of this Constitution shall not be less than one-third of the total number of members of that body at the date of the meeting.
    2. A member of such a body shall be entitled to one vote and a decision of the meeting may be taken and any act or thing may be done in the name of that body by a majority of the members present at a meeting.
    3. Whenever such bodies is assembled for a meeting, the Chairman or other person presiding shall, in all matters in which a decision is taken by vote (by whatever name such vote may be called) have a casting as well as a deliberative vote.
    4. Subject to its rules of procedure, any such body may act or take any decision notwithstanding any vacancy in its membership or the absence of any member.

    1. Subject to subsection (2) of this section, any of the bodies may, with the approval of the Governor, by rules or otherwise regulate its own procedure or confer powers or impose duties on any officer or authority for the purpose of discharging its functions.
    2. In the exercise of any powers under subsection (1) of this section any such body shall not confer powers or impose duties on any officer or authority of the Federation except with the approval of the President.
  1. In this Part of this Chapter, unless the context otherwise requires:-

    1. any reference to ex officio member shall be construed as a reference to a person who is a member by virtue of his holding or performing the functions of an office in the public service of a State;
    2. office means an office in the public service of a State;
    3. any reference to member of any of the bodies established by section 197 of this Constitution shall be construed as including a reference, to the Chairman of that body; and
    4. misconduct means breach of the Oath of Allegiance or oath of office of a member or a breach of the provisions of this Constitution or bribery or corruption or false declaration of assets and liabilities or conviction for treason or treasonable felony.


    C - The Public Service of a State
  2. There shall be for each State of the Federation a Civil Service.
  3. Subject to the provisions of this Constitution, a State Civil Service Commission may, with the approval of the Governor and subject to such conditions as it may deem fit, delegate any of the powers confer#FF0000 upon it by this Constitution to any of its members or to any officer in the civil service of the State.
    1. Power to appoint persons to hold or act in the offices to which this section applies and to remove persons so appointed from any such office shall vest in the Governor of the State.
    2. The offices to which this section applies are, namely -

      1. Secretary to the Government of the State;
      2. Head of the Civil Service of the State;
      3. Permanent Secretary or other chief executive in any Ministry or Department of the Government of the State howsoever designated; and
      4. any office on the personal staff of the Governor.
    3. An appointment to the office of the Head of the Civil Service of a State shall not be made except from among Permanent Secretaries or equivalent rank in the civil service of any State or of the Federation.
    4. In exercising his powers of appointment under this section, the Governor shall have regard to the diversity of the people within the state and the need to promote national unity.
    5. Any appointment made pursuant to paragraphs (a) and (d) of subsection (2) of this section shall be at the pleasure of the Governor and shall cease when the Governor ceases to hold office:

      Provided that where a person has been appointed from a public service of the Federation or a State, he shall be entitled to return to the public service of the Federation or of the State when the Governor ceases to hold office.

  4. A person in the public service of a State shall observe and conform to the Code of Conduct.
    1. Subject to the provisions of subsection (2) of this section, the right of a person in the public service of a State to receive pension or gratuity shall be regulated by law.
    2. Any benefit to which a person is entitled in accordance with or under such law as is refer#FF0000 to in subsection (1) of this section shall not be withheld or alte#FF0000 to his disadvantage except to such extent as is permissible under any law, including the Code of Conduct.
    3. Pensions shall be reviewed every five years or together with any state civil service salary reviews, whichever is earlier.
    4. Pensions in respect of service in the service of a State shall not be taxed.


Part : I  -  II  -  III
Page : 1  -  2  -  3  -  4  -  5  -  6  -  7  -  8  -  9  -  10