PUBLIC RECORD OFFICE
Reference :-
C.O.885
17 PUBLIC RECORD OFFICE, LONDON
ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC- COPYRIGHT PHOTOGRAPH-NOT TO
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written statement thereof and shall take the same steps as are above prescribed in respect of the original grounds of supension.
60. If in any case the Governor considers that the interests of the public service require that an officer should cease to exercise the powers and functions of his office instantly, or before the proceedings above prescribed can be completed, he may at once interdict the officer from the exercise of the powers and functions of his office. Until proceedings have been taken for the suspension of an interdicted officer he shall in all cases be allowed to receive such proportion of the salary of his office, not being less than one-half, as the Governor shall think fit; but no such officer may be formally suspended from his office or deprived of his whole salary, except upon such formal proceedings as are above prescribed, which must in all cases be taken with as little delay as possible. If such proceedings do not result in the suspensión or other punishment of the officer, he will be entitled to the full amount of salary which he would have received if he had not been interdicted.
may,
61. If upon considering the report of the Committee the Governor is of opinion that the officer deserves punishment, but not the full penalty of suspension, he may remove the officer to an office of lower rank in the service or may require him to serve in his original office at a reduced salary, either permanently or for a stated period, or may deduct a portion of salary due or about to become due to the officer. The Governor-in-Council
refer any point back to the Committee for further necessary, enquiry or evidence.
62. If the officer is suspended or otherwise punished as above mentioned, the Governor shall, without loss of time, report the matter to the Secretary of State for approval and confirmation, transmitting the minutes of Council, the report of the Committee, the written statements and all material documents relating to the case. If the officer is suspended, the Governor shall at the same time transmit the usual return required in the case of a vacancy.
63. If the suspension is not confirmed by the Secretary of State, and no other punishment is awarded, the officer will be entitled to the full amount of salary which he would have received if he had not been interdicted or suspended, even though the officer discharging the functions of the office in the meantime has been allowed to receive some portion of the salary of the office.
64. If the officer is suspended, the Secretary of State, instead of confirming the suspension, may direct the Governor to subject the officer to one of the lesser punish- ments above mentioned; or if, in lieu of suspension, the officer has been so punished by the Governor, the Secretary of State may direct the Governor to reduce or to increase the punishment already awarded.
65. If the suspension is confirmed by the Secretary of State, the Governor shall forthwith cause the officer to be so informed and thereupon his office shall become
vacant.
66. If the suspension is confirmed by the Secretary of State, all salary will cease from the day of suspension. Pending the decision of the Secretary of State, the Governor, with the advice of the Executive Council, may grant an alimentary allowance to an officer who has been suspended, and who appears urgently to need such assistance.
67. An officer whose suspension is confirmed by the Secretary of State forfeits all claim to a retiring allowance, even though he should have paid contributions towards
such allowance.
68. If criminal proceedings are instituted against a public officer, proceedings for his suspension upon any grounds involved in the criminal charge shall not be taken pending the criminal proceedings.
69. If an officer is convicted on a criminal charge the Governor may cause the proceedings of the Criminal Court on such charge to be laid before the Executive Council, and if the Council are of opinion that the officer should be suspended on account of the offence for which he has been convicted, he may thereupon be suspended without taking any of the proceedings above prescribed, but his suspension must be reported to the Secretary of State for approval and confirmation.
70. An officer acquitted of a criminal charge is not thereby rendered exempt from suspension on account of his conduct in the matter; and the Governor, if he thinks fit, may take the usual proceedings for the purpose.
71. An officer who is under suspension may not leave the Colony during the interval before he is reinstated or dismissed, without the leave of the Governor.
72. Any officer, whether under suspension or not, who is absent from the Colony without leave will be held to have thereby vacated his office.
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73. Notwithstanding the above provisions, if the Governor considers that an officer whose pensionable emoluments exceed £100 a year should be removed on grounds of general inefficiency which cannot properly be dealt with by specific charges under the foregoing rules, he must submit a full report upon the case to the Secretary of State, forwarding statements from the heads of the departments in which the officer has served; and if the Secretary of State is satisfied that the officer's removal is necessary in the interests of the public service it will be carried into effect by an intimation to the Governor that it is the pleasure of the Crown that the officer should no longer hold his office. In every such case the question of pension will be dealt with under the laws or regulations of the Colony,
§ 6. Salaries.
74. On appointment to an office of a person not within the Colony, half salary, if available, will be allowed as a general rule from the date of embarkation, and full salary, if available, from the date of arrival in the Colony, provided that the officer proceeds direct to the Colony to which he is appointed; otherwise he will be allowed to draw half salary for such time only as is ordinarily required to perform the journey between the point of embarkation and that of arrival in the Colony.
75. No advance of salary is allowed to officers either on first appointment or on leave of absence, except in special cases to be determined by the Secretary of State; and the officers to whom it may be granted must sign an agreement with the Crown Agents in the form given in appendix 2. Collateral security will be required when the advance exceeds a month's salary. The security of another officer serving in the same Colony as the applicant will not be accepted.
76. If an office be vacated in a Colony by the death, removal or absence on half pay leave of the holder, the person appointed by the Governor to act in his stead will receive half the initial salary of the office. Should that person be the holder of another office, but not performing the duties of it while so acting, he may receive in addition half the initial salary of his own office and all the increments which he has earned in that office.
77. Should the person so
appointed by the Governor to a vacant office be required at the same time to perform the duties of his own office, he may be allowed half the initial salary of the temporary office together with the whole salary of his own office; but no person should be appointed to discharge at the same time the duties of two distinct offices whenever any other arrangement may be practicable; and unless the offices are distinct and separate offices in different departments of the service, or offices not standing to one another in any intimate relation of superiority and sub- ordination, such as two Magistracies, only half salary of each office can be allowed or the officer's own salary if that be greater.
78. The fees of the vacant office (in the absence of any regulation to the contrary) will be paid into the Colonial Treasury, and the Treasury will pay the acting officer one moiety with such further amount as the Governor shall consider advisable in case the services performed are of a special character or involve outlay.
79. Should the officer whom the Governor has appointed temporarily to a vacant office be confirmed therein, he will be entitled to draw the full salary of that office, if available, from the date at which he entered on the duties, but from the date from which he draws such full salary he will not be entitled to salary on account of office which he may have held at the same time.
any other
80. When the salary of an officer is on an incremental scale, the holder is not entitled to draw any increment as of right but only by sanction of the Governor. In the case of a subordinate officer a certificate is required from the head of his department that he has discharged his duties with diligence and fidelity.
81. Service for increments is to be reckoned from the day on which an officer first begins to draw any salary of his office. In the case where the salary drawn by the officer at the time of promotion is not less than the minimum salary of his new office he will continue to draw his former rate of salary in his new office; and the period qualifying for the first increment is to be reckoned from the date at which he began to draw that rate of salary. His first increment will be of such amount as will bring his salary to the next incremental step in the scale of the salary of the new office.
82. The grant of pensions and retiring allowances is governed by the laws or regulations of the Colony concerned. The rates of pension vary in different Colonies, but the general principle is that the pension is based on the length of service and on the average salary drawn during the last three years of service, the maximum being two
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