APPENDIX D- PART VI
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PART VI.-THE INDEPENDENT OFFICERS OF THE REPUBLIC

CHAPTER I

The Attorney­General of the Republic and the Deputy Attorney­General
of the Republic
 

ARTICLE 112

1. The President and the Vice­President of the Republic shall appoint jointly two persons who are qualified for appointment as a judge of the High Court one to be the Attorney­General of the Republic and the other to be the Deputy Attorney­General of the Republic:

Provided that the Attorney­General and the Deputy Attorney­General of the Republic shall not belong to the same Community.
2. The Attorney­General of the Republic shall be the Head and the Deputy Attorney­General of the Republic shall be the Deputy Head of the Law Office of the Republic which shall be an independent office and shall not be under any Ministry.

3. The Attorney­General and the Deputy Attorney­General of the Republic shall have the right of audience in, and shall take precedence over any other persons appearing before, any court:

Provided that the Attorney­General of the Republic shall always take precedence over the Deputy Attorney­General of the Republic.

4. The Attorney­General and the Deputy Attorney­General of the Republic shall be members of the permanent legal service of the Republic and shall hold office under the same terms and conditions as a judge of the High Court other than its President and shall not be removed from office except on the like grounds and in the like manner as such judge of the High Court.

5. In all matters affecting persons belonging to the Community of the Attorney­General of the Republic or of the Deputy Attorney­General of the Republic, as the case may be, the one belonging to such Community shall be consulted by the other before any decision is taken by the Attorney­General of the Republic:

Provided that for the prosecutions in the courts exercising criminal jurisdiction composed of judges of one Community, the Attorney­General of the Republic or the Deputy Attorney­General of the Republic, as the case may be, belonging to that Community, shall have the effective charge and responsibility.
 

ARTICLE 113

1. The Attorney­General of the Republic assisted by the Deputy Attorney General of the Republic shall be the legal adviser of the Republic and of the President and of the Vice­President of the Republic and of the Council of Ministers and of the Ministers and shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by this Constitution or by law.

2. The Attorney­General of the Republic shall have power, exercisable at his discretion in the public interest, to institute, conduct, take over and continue or discontinue any proceedings for an offence against any person in the Republic. Such power may be exercised by him in person or by officers subordinate to him acting under and in accordance with his instructions.
 

ARTICLE 114

1. The Deputy Attorney­General of the Republic shall have such powers and shall perform such duties as normally appertain to his office and also shall, subject to the directions of the Attorney­General of the Republic, exercise

all the powers and perform all the functions and the duties vested in the Attorney­General of the Republic under the provisions of this Constitution or by law.

2. The Deputy Attorney­General of the Republic shall act for the Attorney­General of the Republic in case of his absence or his temporary incapacity to perform his duties.
 

CHAPTER II

The Auditor­General and the Deputy Auditor­General
 

ARTICLE 115

1. The President and the Vice­President of the Republic shall appoint jointly two fit and proper persons one to be the Auditor­General and the other to be the Deputy Auditor­General:

Provided that the Auditor­General and the Deputy Auditor­General shall not belong to the same Community.

2. The Auditor­General shall be the Head and the Deputy Auditor General shall be the Deputy Head of the Audit Office of the Republic which shall be an independent office and shall not be under any Ministry.

3. The Auditor­General and the Deputy Auditor­General shall be members of the permanent public service of the Republic and shall not be retired or removed from office except on the like grounds and in like manner as a judge of the High Court.
 

ARTICLE 116

1. The Auditor­General assisted by the Deputy Auditor­General shall on behalf of the Republic, control all disbursements and receipts and audit and inspect all accounts of moneys and other assets administered, and of liabilities incurred, by or under the authority of the Republic and for this purpose he shall have the right of access to all books, records and returns relating to such accounts and to places where such assets are kept.

2. The Auditor­General assisted by the Deputy Auditor­General shall exercise all such other powers and shall perform all such other functions and duties as are conferred or imposed on him by law.

3. The powers, functions and duties of the Auditor­General provided in this Chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions.

4. The Auditor­General shall submit annually a report on the exercise of his functions and duties under this Chapter to the President and the Vice­President of the Republic who shall cause it to be laid before the House of Representatives.
ARTICLE 1 17

1. The Deputy Auditor­General shall have such powers and shall perform such functions and duties as normally appertain to his office and also shall, subject to the directions of the Auditor­General, exercise all the powers and perform all the functions and duties vested in the Auditor­General under the provisions of this Constitution or by law.

2. The Deputy Auditor­General shall act for the Auditor­General in case of his absence or his temporary incapacity to perform his duties.
 

CHAPTER III

The Governor and the Deputy Governor of the Issuing Bank
of the Republic
 

ARTICLE 118

1. The President and the Vice­President of the Republic shall appoint jointly two fit and proper persons one to be the Governor and the other to be the Deputy­Governor of the Issuing Bank of the Republic:

Provided that the Governor and the Deputy­Governor of the Issuing Bank of the Republic shall not belong to the same Community.

2. The Governor of the Issuing Bank of the Republic shall be the Head and the Deputy­Governor of the Issuing Bank shall be the Deputy Head of the Issuing Bank of the Republic which shall not be under any Ministry.

3. The Governor and the Deputy­Governor of the Issuing Bank of the Republic shall be either members of the permanent public service or shall be persons appointed under such terms and conditions as laid down in the instruments of their appointment.

4. The President and the Vice­President of the Republic acting jointly may, at any time, terminate the appointment of either the Governor or the Deputy­Governor of the Issuing Bank of the Republic or both as such Governor or Deputy­Governor, as the case may be.

S. In the case of such termination the Governor or the Deputy­Governor of the Issuing Bank of the Republic or both, as the case may be, shall, subject to paragraph 6 of this Article, and to the provisions of this Constitution relating to the public service of the Republic, be given other suitable post in the permanent public service of the Republic if such Governor or Deputy Governor was, immediately before such termination, a member of such service.

6. Any disciplinary matter in connexion with the exercise of the functions of the Governor and the Deputy­Governor of the Issuing Bank of the Republic shall be within the competence of the Council established under paragraph 8 of Article 153.
 

ARTICLE 119

1. The Governor of the Issuing Bank of the Republic assisted by the Deputy­Governor of the Issuing Bank of the Republic shall administer the currency laws of the Republic and shall be in charge of the management of the Issuing Bank of the Republic and shall exercise all other powers and perform all other functions and duties within the domain of the issuing Bank of the Republic.

2. The Governor of the Issuing Bank of the Republic assisted by the Deputy­Governor of the Issuing Bank of the Republic shall exercise all such powers and shall perform all such other functions as are conferred or imposed on him by law.

3. The powers, functions and duties of the Governor of the Issuing Bank or the Republic provided in this Chapter may be exercised by him in person or by such subordinate officers acting under and in accordance with his instructions.

4. The Governor assisted by the Deputy­Governor of the Issuing Bank of the Republic shall, with regard to the financial policy relating to his office. carry out the decisions of the Council of Ministers in this respect and the provisions of any law and, with regard to the manner of the carrying out of such policy, he shall consult and be guided by the advice of the Minister of Finance.

5. The Governor of the Issuing Bank of the Republic shall submit half yearly reports on the state of currency, funds and securities of the Republic to the President and the Vice­President of the Republic who shall cause such reports to be laid before the House of Representatives.
 

ARTICLE 120

1. The Deputy­Governor of the Issuing Bank of the Republic shall have such powers and shall perform such functions and duties as normally appertain to his office and also shall, subject to the directions of the Governor of the Issuing Bank of the Republic, exercise all the powers and perform all the functions and duties vested in the Governor of the Issuing Bank of the Republic under the provisions of this Constitution or by law.

2. The Deputy­Governor of the Issuing Bank of the Republic shall act for the Governor of the Issuing Bank of the Republic in case of his absence or his temporary incapacity to perform his duties.
 

ARTICLE 121

Nothing in this Chapter contained shall be construed as precluding the Issuing Bank of the Republic from becoming a Central Bank:

Provided that in such a case, subject to the provisions of this Chapter, the Governor and the Deputy­Governor of the Issuing Bank of the Republic shall be respectively the Governor and the Deputy­Governor of the Central Bank of the Republic.

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