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123.
(1) There shall be established for the
Republic a Judicial
lions Service Commission which shall
have functions conferred on it by this
Constitution and such or functions and
powers, as may be prescribed by or
under an Act of Parliament.
(2) Parliament may establish for the
Republic other Commissions which,
together with tile Judicial Service
Commission, are hereafter collectively
referred to as Service Commissions,
which shall have such functions and
powers in relation to the public
service, or in relation to persons in
public employment other than
constitutional office holders or
public officers, as may be prescribed
by or under an Act of Parliament.
(3) Commissions other than Service
Commissions may be established for the
Republic by or under an Act of
Parliament and shall have such
functions and powers as may be
prescribed by or under such an Act.
(4) Nothing in the foregoing precludes
provision being made by or under an
Act of Parliament to confer on a
Service Commission functions and
powers in relation to matters other
than public employment.
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Commissions |
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124. (1) The law to be applied with
respect to any pension benefits that
were granted to any person before the
commencement of this Constitution
shall be the law that was in force at
a latter date on which those benefits
were granted or any law in force at a
later date that is not less favourable
to that person.
(2) The law to be applied with respect
to any pension benefits
not being benefits to which clause (1)
applies, shall-
( a) in so far as the benefits are
wholly in respect of a period of
service as a public officer, as any
officer in the department of
Clerk or the National Assembly , or as
a member of the armed forces, that
commenced before the commencement of
this Constitution, be the law that was
in force immediately before that date;
and
(b) in so far as those benefits are
wholly or partly in respect , of a
period of service as a public officer,
as any officer in the department of
the Clerk of the National Assembly, or
as a member of the armed forces, that
commenced after the commencement of
this Constitution be the law in force
on the date on which that period of
service commenced;
or any law in force at a later date
that is not less favourable to that
person.
(3) Where a person is entitled to
exercise an option as to which of two
or more laws shall apply his case, the
law for which he opts shall, for the
purposes of this Article, be deemed to
be more favourable to him than the
other law or laws.
(4) All pension benefit shall, except
to the extent to which they are a
charge on a fund established by or
under any law and have been duly paid
out of that fund to the person or
authority to whom payment is due, be a
charge on the general revenues of the
Republic.
(5) In this Article "pension
benefits " means any
pensions, compensation, gratuities or
other like allowances for persons in
respect of their service as public
officers, as officers in the
department of the Clerk of the
National Assembly or as members of the
armed forces or for the widows,
children, dependants or personal
representatives of such persons in
respect of such service.
(6) References in this Article to the
law with respect to pension benefits
include, without prejudice to their
generality, references to the law
regulating the circumstances in which
such benefits may be granted or in
which the grant of such benefits may
be refused, the law regulating the
circumstances in which any such
benefits that have been granted may be
withheld, reduced in amount or
suspended, and the law regulating the
amount of any such benefits:
Provided that, notwithstanding
anything to the contrary contained in
this Constitution or any other written
law, such references shall not be so
construed as to include the law
regulating the age of compulsory
retirement
(7) In this Article-
( a) references to service as a public
officer includes references
to service as a public officer under
the Government of the
territories which on the 24th October,
1964, became the
sovereign Republic of Zambia and
references to service
as a member of the teaching service of
the said Government: (b)
references to service as an officer in
the department of the
Clerk of the National Assembly
includes reference to
service as an officer in the
department of the Clerk of the
Legislative Assembly of the said
territories; and
(c) references to service as a member
of the armed forces
include references to service as a
member of the armed
forces of the said territories.
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