Clause 19

Subject to the provisions of this Article, the President may, on the advice of the Prime Minister and by order in the Gazette, establish one or more personnel boards to exercise all or any of the powers and functions of the Public Service Commission, the Education Service Commission and the Police and Civil Defence Services Commission in respect of the public officers each Commission has charge of under Articles 110, 110A and 110B, respectively.(2) The order under clause (1) shall specify the powers and functions to be exercised by a personnel board and the class or classes of public officers in respect of which those powers and functions may be exercised except the following:

the power to dismiss and exercise disciplinary control over all public officers of any grade in Division I; and

all powers of the Public Service Commission in relation to public officers in the Administrative Service and Administrative Service (Foreign Service Branch) who hold appointments of and above the significant grade (as defined in Article 111A(1)) in those Services, including the power to nominate officers for appointment or promotion to that grade,and any power of appointment specified in the order as to be exercised by a personnel board shall not include a power to dismiss any person so appointed.(3) Where the President has by order established a personnel board under clause (1) for the purpose of exercising any of the powers or functions of a Commission referred to in that clause, such power or function —

may be exercised by such personnel board notwithstanding anything in Articles 110(1) and (4), 110A(2) and 110B(2); and

shall, so long as it remains a power or function to be exercised by the board pursuant to such order, cease to be exercisable by that Commission except to the extent permitted under clause (4).(4) Subject to regulations made under clause (7), any person aggrieved by any decision of any personnel board may, within such time and in such manner as may be prescribed, appeal to the Commission referred to in clause (1) which would have exercised the powers of that personnel board if this Article had not been enacted, and the decision of any such Commission shall be final.(5) Subject to clause (6), a personnel board which is established to exercise any power over officers in Division I shall consist of such persons as the President may, on the advice of the Prime Minister, appoint except that the President may, acting in his discretion, refuse to make any such appointment if he does not concur with the advice of the Prime Minister.(6) A person shall not be appointed to be a member of a personnel board if he is, and shall cease to be a member if he becomes —

a Member of Parliament or a duly nominated candidate for election as such Member;

a member of any trade union or of any body or association affiliated to a trade union; or

the holder of any office in any political association.(7) The President may by regulations —

provide for matters relating to the appointment of members of personnel boards;

the procedure to be followed by the personnel boards in the exercise of their powers and functions;

prescribe the manner of appeals under clause (4); and

modify the application of clause (4) by providing that appeals under that clause shall be made first to such person or persons as may be appointed by the President but without prejudice to the right to appeal thereafter to a Commission.(8) Nothing in this Article shall affect any direction or delegation issued before the commencement of this Article by the Education Service Commission, the Police and Civil Defence Services Commission or the Public Service Commission under Article 110C(2) or 116(3), as the case may be, and this Article shall not apply to any power or function of these Commissions so long it forms the subject of any such direction or delegation.”.