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JUDICIAL SERVICE ACT, 1960 (CA 10)
As amended
ARRANGEMENT OF SECTIONS
Section
PART I—STRUCTURE OF THE SERVICE
1. Members of the Judicial
Service.
2. Circuit Judges.
3. Judicial Secretary.
4. District Magistrates.
5. Creation of further posts.
PART II—FILLING OF VACANCIES
6. Methods of filling vacancies.
7. Appointing authorities.
8. Principles for filling
vacancies.
9. Appointment procedure.
9A.Past Appointments to Terminate
Unless Expressly Continued.
9B. Provisional Appointing and
Disciplinary Authorities.
10. Limited Engagements.
11. Probationary and trial
periods.
12. Acting assignments.
12A Former Judge of Superior Court
may Practise as Lawyer.
PART III—CONDITIONS OF SERVICE OF
JUDICIAL AND EXECUTIVE OFFICERS
13. Regulation of conditions of
service.
14. Schemes of service of
executive officers.
15. Training of executive
officers.
PART IV—MISCONDUCT OF JUDICIAL AND
EXECUTIVE OFFICERS
16. General definition of
misconduct.
17. Penalties.
18. Disciplinary authorities.
19. Proceedings for misconduct.
20. Conduct of disciplinary
proceedings.
PART V—LEAVING THE SERVICE
21. Modes of leaving the service.
22. Compulsory retirement.
23. Voluntary retirement.
24. Retirement for medical
reasons.
25. Transfer on approved
employment.
26. Abolition of post.
27. Discharge of non-pensionable
staff.
PART VI—MISCELLANEOUS AND
SUPPLEMENTAL
28. Official language.
29. Annual report.
30. Legal proceedings.
31. Power to make regulations and
issue instructions.
32. Interpretation.
33. Transitional provisions.
33A Repeals
34. Commencement.
34A. Commencement.
AN ACT
OF THE CONSTITUENT ASSEMBLY OF
GHANA
ENTITLED
THE JUDICIAL SERVICE ACT, 1960
AN ACT to provide for the creation
of Judicial Service posts, for the
appointment, promotion and
retirement of members of the
Judicial Service and for
conditions of service,
disciplinary proceedings and other
matters relating to the Judicial
Service.
DATE OF PASSING: 29th June, 1960
WHEREAS by section 2 of the
Constituent Assembly and
Plebiscite Act, 1960 (No. 1) this
Constituent Assembly is authorised
to enact such provisions for or in
connection with the establishment
of a new Constitution as it thinks
fit:
AND WHEREAS it is expedient to
enact the provisions hereinafter
appearing in consequence of the
enactment of the Constitution:
NOW THEREFORE, be it enacted by
the Constituent Assembly as
follows:—
PART I—STRUCTURE OF THE SERVICE
Section 1—Members of the Judicial
Service.
(1) The following shall be members
of the Judicial Service:—
(a) the Chief Justice as head of
the Judicial Service;
(b) the other Judges of the
Supreme Court of Judicature;
(c) other Judges and Magistrates
and the Judicial Secretary; and
(d) persons holding posts created
under any other enactment being
designated by law as Judicial
Service posts.;[As substituted by
Judicial Service Decree, 1966 (NLCD
83) s.1(a)]
Section 2—Circuit Judges.
There shall be a circuit Judge for
each Circuit Court established
under the Courts Act, 1960 (C.A.
9).
Section 3—Judicial Secretary.
There shall be a Judicial
Secretary, who shall be
responsible to the Chief Justice
for securing the general
efficiency of the Judicial
Service.
Section 4—District Magistrates.
There shall be a District
Magistrate for each District
established under section 47 of
the Courts Act, 1960 (C.A.9).
Section 5—Creation of Further
Posts.
(1) In addition to the established
posts created by sections 2 to 4
of this Act, regulations may
provide for the creation of
further established or
unestablished Judicial Service
posts, including additional posts
of Circuit Judges and District
Magistrates.
(2) Regulations creating
established posts shall specify in
relation to each post the name of
the post, the salary or salary
scale attached to the post and the
complement, that is the number of
posts constituting the grade in
question.
(3) Regulations creating
unestablished posts shall specify
in relation to each post the name
of the post and the salary
attached to the post.
(4) Regulations may designate any
established or unestablished posts
in the executive grade of the
Judicial Service as Civil Service
Posts.
(5) Without prejudice to section 6
of this Act posts in the Judicial
Service designated as Civil
Service Posts shall be filled by
officers from the Civil Service
seconded to the Judicial Service.
(6) For the purposes of
discipline, an officer seconded to
the Judicial Service shall be
deemed to be a holder of a
Judicial Service Post.
PART II—FILLING OF VACANCIES
Section 6—Methods of Filling
Vacancies.
(1) A vacancy in a Judicial
Service post may be filled—
(a) by promotion, that is by
appointing a person who is to be
moved from another post in the
Judicial Service with an immediate
increase in his salary;
(b) by recruitment, that is by
appointing a person who is not a
member of the Judicial Service or
who would cease to be a member of
the Judicial Service if the
appointment were not made.
(2) In addition to the methods
mentioned in subsection (1) of
this section, a vacancy in the
post of a judicial officer or an
executive officer may be filled—
(a) by transfer within the
service, that is by appointing a
person who is to be moved from
another post in the Judicial
Service with no alteration in his
salary;
(b) on reduction in rank, that is
by appointing a person who is to
be moved from another post in the
Judicial Service with an immediate
reduction in his salary.
Section 7—Appointing Authorities.
(1) The authority empowered to
fill vacancies in a Judicial
Service post shall be known as the
appointing authority for that
post.
(2) Subject to the provisions of
this section, the National
Liberation Council shall be the
appointing authority for all
Judicial Service posts:
Provided that in the exercise of
its powers as appointing
authority, the National Liberation
Council shall act on the advice of
the Judicial Service Commission,
except in respect of the office of
Chief Justice.
(3) Regulations may provide for
the delegation by the National
Liberation Council, subject to
such conditions as may be
prescribed, of its power to fill
vacancies in the post of any
judicial officer to the Judicial
Service Commission and in relation
to posts to which the delegation
applies the Judicial Service
Commission shall be the appointing
authority.
(4) Regulations may provide for
the delegation by the National
Liberation Council subject to such
conditions as may be prescribed of
its power to fill vacancies in the
post of any executive officer to a
Board consisting of the Chief
Justice or a Justice of Appeal
nominated by the Chief Justice as
Chairman, and one High Court
Judge, one Circuit Court Judge and
the Judicial Secretary and in
relation to posts to which the
delegation applies, the Board
shall be the appointing
authority.;[As substituted by
Judicial Service Decree, 1966 (NLCD
83) s.1(b)]
Section 8—Principles for Filling
Vacancies.
(1) Appointments and promotions
shall be according to merit.
(2) Where practicable, a vacancy
in a Judicial Service post other
than a post in the Supreme Court
of Judicature, shall be filled
either by promotion or transfer
within the Service.
(3) No person shall be appointed
to a post specified in column 1 of
the following Table, unless his
standing as a legal practitioner
is at least that specified in
column II of that Table.
I II
Justice of Appeal
.. .. ..
.. .. .. 12
years
Judge of the High Court
.. .. .. ..
.. .. 8
years
Circuit Judge .. ..
.. .. .
. ..
.. 5 years
District Magistrate (Grade I).
.. .. ..
.. 3
years
District Magistrate (Grade
II).. .. ..
.. 18
months
(4) The Council on the advice of
the Judicial Service Commission
may appoint—
(a) a legal practitioner, who does
not have the standing specified in
the aforesaid Table, for an acting
appointment to a post specified
therein; and
(b) a person who is not qualified
as a legal practitioner, as a
District Magistrate (Grade II)
upon a limited engagement.
(4A) No person shall be appointed
to the post of Judicial Secretary
unless he is a legal practitioner
with considerable knowledge of and
not less than ten years'
experience in administration.[As
substituted by Judicial Service
(Amendment) Law, 1984 (PNDCL 85)
s.1(b)]
(5) A person who to the knowledge
of the appointing authority has
attained the prescribed voluntary
retiring age shall not be
appointed by recruitment to the
pensionable post of a judicial or
executive officer otherwise than
on a limited engagement:
Provided that this sub-paragraph
shall not apply, if that person
has such accrued entitlement to
retirement benefits as may be
prescribed.
(6) For the purposes of this
paragraph, the period of a
person's standing as a legal
practitioner shall include any
period during which that person
has been qualified to practise law
in a Commonwealth country, Ireland
or in any other country having a
system of law analogous to that
prevailing in Ghana.;[As
substituted by Judicial Service
Decree, 1966 (NLCD 83) s.1(c)]
Section 9—Appointment Procedure.
(1) Appointments to the post of a
judicial officer or executive
officer shall be made by a letter
of appointment addressed to the
person appointed and signed by or
on behalf of the appointing
authority.
(2) A person not already holding a
pensionable post shall not be
appointed to a pensionable post
unless he has been medically
examined and found to be fit to be
appointed to pensionable service.
Section 9A—Past Appointments to
Terminate Unless Expressly
Continued.
All appointments made to Judicial
Service posts in any Court
constituted under the Courts Act,
1960 (C.A. 9) shall, with effect
from the date on which this
Decree, under the provisions of
paragraphs 5 or 6, comes into
force, be terminated, unless they
are expressly continued by
legislative instrument made under
this paragraph of this
Decree.[Inserted and to be cited
as Judicial Service Decree, 1966 (NLCD
83) s.4]
Section 9B—Provisional Appointing
and Disciplinary Authorities.
(1) Until the Judicial Service
Commission referred to in this
Decree is duly constituted, every
appointment as a member of the
Judicial Service established by
the Judicial Service Act, 1960
(C.A. 10) shall be made by the
National Liberation Council.
(2) Until the Judicial Service
Commission referred to in this
Decree is duly constituted, the
National Liberation Council shall
be the disciplinary authority for
every member of the said Judicial
Service, and such Council shall
have the power to terminate the
appointment of any such member
from such date as may be specified
in the letter to such member
terminating his appointment.
(3) The provisions of this
paragraph shall have effect
notwithstanding anything to the
contrary in any other provision of
this Decree or any other
enactment.[Inserted and to be
cited as Judicial Service Decree,
1966 (NLCD 83) s.5]
Section 10—Limited Engagements.
(1) Where a vacancy in a Judicial
Service post, not being the post
of a Judge of a superior court or
a Circuit Judge, is filled by
recruitment the person recruited
may, if the appointing authority
thinks fit, be appointed on a
limited engagement.
(2) The letter of appointment of a
person appointed to a post on a
limited engagement—
(a) shall specify the period of
the engagement, that is the period
for which it is contemplated that
he will remain in the post;
(b) may provide that the
provisions of this Act and of any
statutory instrument made
thereunder shall apply subject to
such modifications as may be set
out in the letter of appointment.
(3) Where a person who is not a
citizen of Ghana agrees to be
appointed on a limited engagement
his letter of appointment shall,
unless it otherwise provides,
constitute a contract between the
Republic and that person, and it
shall be taken to be a term of the
contract that the provisions of
this Act and of any statutory
instrument made thereunder shall
apply in relation to that person
subject to such modifications as
may be set out in the letter of
appointment.
(4) Subject to such conditions as
may be prescribed, the period of a
limited engagement may be extended
by the consent of the person
serving under the engagement and
the appointing authority.
Section 11—Probationary and Trial
Periods.
(1) An appointment by recruitment
to a pensionable post, not being
the post of a Judge of a superior
court or a Circuit Judge, shall be
subject to satisfactory service in
that post for a probationary
period of three years.
(2) An appointment by promotion to
a pensionable post, not being the
post of a Judge of a superior
court or a Circuit Judge, shall be
subject to satisfactory service in
that post for a trial period of
such duration as may be specified
in the letter of appointment.
(3) Where a post is held by a
person on probation or on trial
and it appears to the appointing
authority at the end of the
probationary or trial period, or
at any time during that period,
that the said person is unlikely
to fulfil the requirements of the
post, the appointing authority may
provide for him to be transferred
or reduced in rank, or, if he
holds the post on probation, may
order that he shall cease to be a
member of the Judicial Service.
(4) The appointing authority for a
post held by a person on probation
or on trial may if he thinks fit
reduce or extend the probationary
or trial period.
Section 12—Acting Assignments.
(1) Where a Judicial Service post
is vacant or the holder of the
post is absent from duty for any
reason the appointing authority
for that post may assign a member
of the Judicial Service or, in the
case of the post of an executive
officer, a public officer who has
been seconded to the Judicial
Service, to carry out the duties
of the post.
(2) An assignment under this
section shall cease to have
effect—
(a) on the filling of the vacancy
or the return to duty of the
holder of the post, as the case
may be; or
(b) if some other person is
assigned to carry out the duties
of the post; or
(c) if the assignment is revoked
by the appointing authority.
Section 12A— Former Judge of
Superior Court may Practise as
Lawyer.
(1) A judge of a superior court
who ceases to be a judge of that
court by reason of his removal,
retirement or resignation under
Article 45 of the Constitution may
practise as a lawyer in Ghana
subject to the provisions of the
Legal Profession Act, 1960 (Act
32) and to the other provisions of
this section.
(2) Except where the President
otherwise directs in writing in
the case of any person, a judge
referred to in subsection (1) of
this section shall, in the
exercise of his functions as a
lawyer, neither appear before nor
be heard by any court, judge in
chambers or any tribunal
performing judicial functions.
(3) The President may give a
direction under subsection (2) of
this section at any time whether
before, at, or after the time when
the person in whose case the
direction is given ceases to be a
judge as described in subsection
(1) of this section.
(4) Where the President gives a
direction under subsection (2) of
this section in the case of any
person before that person first
assumes office as a judge of a
superior court, or at the
commencement of his service as
such a judge, the direction shall
be irrevocable unless that person
ceases to be a judge of a superior
court by reason of his retirement
or resignation.
PART III—CONDITIONS OF SERVICE OF
JUDICIAL AND EXECUTIVE OFFICERS
Section 13—Regulation of
Conditions of Service.
As respects a judicial officer or
an executive officer, regulations
or Judicial Service instructions
may provide—
(a) for the determination,
subject to the salary or salary
scale attached to his post, of the
salary payable to the officer;
(b) for regulating the award of
increments of salary, and the
payment of allowances and other
additional remuneration;
(c) for regulating hours of work
and the granting of leave with or
without pay or allowances;
(d) for making available to the
officer (with or without charge)
housing accommodation, medical
treatment or other facilities;
(e) for regulating the
presentation of petitions; and
(f) for other matters relating to
his conditions of service.
Section 14—Schemes of Service of
Executive Officers.
(1) The Chief Justice may require
the Judicial Secretary to prepare,
in relation to all or any of the
posts of executive officers, a
scheme of service giving details
of the duties assigned to the
posts, modes of entry and
qualifications required, prospects
of promotion, training facilities
and other matters relating to
service as an executive officer.
(2) No scheme of service made
under subsection (1) of this
section shall be promulgated
without the consent of the
National Liberation Council, given
after consultation with the Chief
Justice.;[As substituted by
Judicial Service Decree 1966 (NLCD
83) s.1(c)]
Section 15—Training of Executive
Officers.
(1) There shall be a branch of the
Judicial Service with the function
of supervising and co-ordinating,
under the general direction of the
Chief Justice, arrangements for
the training of executive
officers.
(2) Subject to subsection (1) of
this section, it is the duty of
the Judicial Secretary to secure,
so far as is practicable, that
facilities exist, and are used, to
enable executive officers to
undergo such training as may be
necessary for the performance of
the duties of their posts and for
enabling them to qualify for
advancement within the service.
PART IV—MISCONDUCT OF JUDICIAL AND
EXECUTIVE OFFICERS
Section 16—General Definition of
Misconduct.
Any act done without reasonable
excuse by a judicial officer or
executive officer which amounts to
a failure to perform in a proper
manner any duty imposed upon him
as such, or which contravenes any
enactment relating to the Judicial
Service, or which is otherwise
prejudicial to the efficient
conduct of the Judicial Service or
tends to bring the Judicial
Service into disrepute shall
constitute misconduct.
Section 17—Penalties.
(1) The following are the
penalties that may be imposed in
disciplinary proceedings under
this Part of this Act in respect
of the misconduct or
unsatisfactory service of a
judicial officer or executive
officer—
(a) dismissal, that is termination
of an appointment with forfeiture
of all retirement benefits;
(b) removal, that is termination
of an appointment with or without
a reduction in retirement
benefits;
(c) reduction in rank, that is
removal to another rank with an
immediate reduction of salary;
(d) reduction of salary, that is
an immediate adjustment of salary
to a lower point on the salary
scale attached to the post in
question;
(e) deferment of increment, that
is a postponement of the date on
which the next increment is due,
with corresponding postponements
in subsequent years;
(f) stoppage of increment, that is
non-payment for a specified period
of an increment otherwise due;
(g) in the case of executive
officers, suspension from duty
with consequent loss of pay and
allowances for a period not
exceeding fourteen days.
(2) For the purposes of this Act,
dismissal, removal and reduction
in rank shall be treated as major
penalties and all other penalties
shall be treated as minor
penalties.
Section 18—Disciplinary
Authorities.
(1) Subject to the provisions of
this section, the National
Liberation Council shall be the
disciplinary authority for all
judicial officers and executive
officers:
Provided that in the exercise of
its powers as disciplinary
authority, the National Liberation
Council shall act on the advice of
the Judicial Service Commission,
except in respect of the office of
Chief Justice.
(2) Regulations may provide,
subject to such conditions as may
be prescribed for the delegation
by the National Liberation Council
of its disciplinary powers as
respects all or any of the posts
of judicial officers to the
Judicial Service Commission, and
in relation to posts to which the
delegation applies the Judicial
Service Commission shall be the
disciplinary authority.
(3) Regulations made under section
31, may provide subject to such
conditions as may be prescribed
therein, for the delegation by the
National Liberation Council of its
disciplinary powers as respects
the posts of all or any executive
officers to the Chief Justice and
in relation to posts to which the
delegation applies the Chief
Justice shall be the disciplinary
authority:
Provided that the Chief Justice
may, subject to such conditions as
he may think fit, delegate any
disciplinary power conferred on
him under this subsection to the
Judicial Secretary;[As substituted
by Judicial Service Decree, 1966 (NLCD
83) s.1(e)]
Section 19—Proceedings for
Misconduct.
(1) Disciplinary proceedings in
the case of misconduct shall be
either summary or formal.
(2) No major penalty shall be
imposed on a pensionable officer
in summary proceedings not arising
out of a conviction.
Section 20—Conduct of Disciplinary
Proceedings.
(1) Regulations shall be made
providing for the conduct of
disciplinary proceedings in cases
of misconduct or unsatisfactory
service.
(2) Regulations made under this
section governing cases of
misconduct shall include
provision—
(a) requiring a written charge to
be preferred in all proceedings;
(b) enabling the accused in formal
proceedings to call appropriate
witnesses;
(c) enabling persons to be
compelled to give evidence or
produce exhibits in formal
proceedings;
(d) requiring that no major
penalty imposed on a judicial
officer shall take effect unless
confirmed by the National
Liberation Council acting on the
advice of the Judicial Service
Commission;[As substituted by
Judicial Service Decree 1966 (NLCD
83) s.1(f)]
(e) enabling the accused in any
proceedings to appeal against any
decision involving the imposition
of a penalty not being a decision
requiring confirmation by the
National Liberation Council under
paragraph (d) of this
subsections;[As substituted by
Judicial Service Decree 1966 (NLCD
83) s.1(f)]
(3) Subject to the provisions of
this Act and except as may be
otherwise provided by regulations,
the authority by whom an appeal is
decided under this section may
make such order thereon as he
thinks fit.
PART V—LEAVING THE SERVICE
Section 21—Modes of Leaving the
Service.
(1) A judge of a superior court
may leave the Judicial Service on
removal, retirement or resignation
under paragraph 1 of this
Decree.;[As substituted by
Judicial Service Decree, 1966 (NLCD
83) s.1(g)]
(2) The modes by which a judicial
officer or executive officer may
leave the service are as follows:—
(a) on dismissal or removal in
consequence of disciplinary
proceedings;
(b) on compulsory retirement;
(c) on voluntary retirement;
(d) on retirement for medical
reasons;
(e) on resignation in accordance
with such conditions as may be
prescribed;
(f) on the expiry or other
termination of a limited
engagement;
(g) on transfer on approved
employment;
(h) on the abolition of his post;
(i)
in the case of an officer on
probation, on the making of an
order under subsection (3) of
section 11 of this Act.
(j) in the case of an officer
holding a non-pensionable post, on
being discharged by his appointing
authority.
Section 22—Compulsory Retirement.
(1) A person holding a pensionable
post otherwise than on a limited
engagement shall retire from the
service on reaching the prescribed
compulsory retiring age:
Provided that this section shall
not prevent the appointment of any
person on a limited engagement.
Section 23—Voluntary Retirement.
A
person holding, otherwise than a
limited engagement, a pensionable
post as a judicial officer or
executive officer may retire from
service at any time after he has
reached the prescribed voluntary
retiring age, or with the consent
of the Judicial Service
Commission.;[As substituted by
Judicial Service Decree, 1966 (NLCD
83) s.1(h)]
Section 24—Retirement for Medical
Reasons.
A
judicial officer or executive
officer shall retire from the
service if, in accordance with the
prescribed procedure, it is found
that he is incapable by reason of
infirmity of mind or body of
discharging the duties of his post
and that the infirmity is likely
to be permanent.
Section 25—Transfer on Approved
Employment.
Regulations may be made for the
transfer of a judicial officer or
executive officer to employment in
another Public Service or to other
approved employment:
Provided that an officer shall not
be transferred under this section
unless he consents to the
transfer.
Section 26—Abolition of Post.
(1) Where a post in a grade is
abolished by the repeal or
amendment of the enactment by
which it was created, the
appointing authority shall, if two
or more persons hold posts in that
grade, determine which of those
persons is to be treated as the
person whose post is abolished.
(2) Unless the person in respect
of whom a determination is to be
made under subsection (1) of this
section is to be promoted or
transferred, he shall be afforded
an opportunity to make
representations to the appointing
authority, who shall consider any
such representations before making
the determination.
Section 27—Discharge of Non-Pensionable
Staff.
(1) The appointing authority may
discharge a person holding a non-pensionable
post—
(a) on the ground that he is
physically incapable of performing
the duties of the post; or
(b) where he has not held a
Judicial Service post during the
whole of the preceding twelve
months, on the ground that he is
generally unsuitable for the post;
or
(c) on the ground that the post is
no longer required to be occupied.
(2) Where a person is discharged
under this section the appointing
authority shall furnish him with a
statement in writing of the ground
on which he is discharged.
PART VI—MISCELLANEOUS AND
SUPPLEMENTAL
Section 28—Official Language.
The official language of the
Judicial Service is English and
accordingly all written and oral
communications, examination
questions and answers, and other
transactions of the Judicial
Service shall be expressed in that
language.
Section 29—Annual Report.
(1) As soon as may be after the
30th June in each year the
Judicial Secretary shall prepare a
report giving details of the
administration of the Judicial
Service during the previous twelve
months.
(2) The report shall be submitted
by the Judicial Secretary to the
Chief Justice, who shall transmit
it to the National Liberation
Council. The Chief Justice, shall
also transmit a copy thereof to
the Judicial Service Commission.;
and[As substituted by Judicial
Service Decree, 1966 (NLCD 83)
s.1(i)]
Section 30—Legal Proceedings.
Except in relation to contracts
subsisting by virtue of section 10
of this Act, no proceedings shall
be brought in any Court on the
ground only that compliance has
not been made with this Act or any
statutory instrument thereunder:
Provided that this section shall
not prevent the institution of any
criminal proceedings in respect of
any offence under such an
instrument.
Section 31—Power to Make
Regulations.
(1) The National Liberation
Council acting on the advice of
the Judicial Service Commission
may by legislative instrument make
regulations providing for any
matter which under this Act is to
be provided for by regulations or
in respect of any matter which is
to be prescribed or which
otherwise relates to the
administration of the Judicial
Service.[As substituted by
Judicial Service Decree, 1966 (NLCD
83) s.1(j)]
Section 32—Interpretation.
In this Act, unless the context
otherwise requires—
"executive officer", means a
member of the Judicial Service who
is neither a Judge of a superior
court nor a judicial officer, and
is the holder of a post designated
by regulations as the post of an
executive officer;
"grade" means a series of
established or unestablished posts
with the same title and salary or
salary scale;
"judicial officer" means a Circuit
Judge, the Judicial Secretary, a
District Magistrate, or a holder
of a post designated by
regulations as the post of a
judicial officer;
"pensionable
post" means a post service in
which is pensionable service under
the enactments relating to
Judicial Service pensions, and
"non-Pensionable post" shall be
construed accordingly;
“prescribed” means prescribed by
regulations or instructions made
under section 31 of this Act;
"salary" includes wages;
"vacancy " includes a prospective
vacancy.
Section 33—Transitional
Provisions.
Regulations may be made—
(a) for the continued application
to executive officers, subject to
such modifications as may be
prescribed, of the Public Service
Commission Regulations, 1957,
General Orders and any other
provisions applicable to such
officers immediately before the
commencement of this Act;
(b) for continuing as appointments
to posts created by or under this
Act, appointments made before the
commencement thereof;
(c) for making such amendments in
the enactments relating to
Judicial Service pensions as may
be necessary in consequence of the
provisions of this Act;
(d) for such other matters
(including the repeal or amendment
of enactments) as may need to be
provided for in consequence of the
passing of this Act.
Section 33A—Repeals.
The Judicial Service Act, 1960
(Amendment) Decree, 1966 (N.L.C.D.
39) and the Judicial Service Act,
1960 (Amendment) (No. 2) Decree,
1966 (N.L.C.D. 58) are hereby
revoked without prejudice to
anything done under those Decrees;
and the alterations made in the
said Act by these Decrees shall
cease to have effect.[Inserted and
to be cited as Judicial Service
Decree, 1966 (NLCD 83) s.6]
Section 34—Commencement.
This Act shall come into operation
at the same time as the
Constitution.
Section 34A—Commencement.
(1) This Decree, other than the
provisions of paragraphs 5 and 6,
shall come into force at the same
time as the Courts Decree, 1966.
(2) Paragraphs 5 and 6 of this
Decree shall come into force on
the date the Decree is made and
signed by the Chairman of the
National Liberation
Council.[Inserted and to be cited
as Judicial Service Decree, 1966 (NLCD
83) s.7]
As amended by
THE JUDICIAL SERVICE (AMENDMENT)
ACT, 1965 (ACT 281)1
JUDICIAL SERVICE DECREE, 1966 (NLCD
83)2
JUDICIAL SERVICE (AMENDMENT) LAW,
1984 (PNDCL 85)3 |
