(ii)

in the case of a public officer who has been seconded for duty or
transferred to a body corporate established by law for public
purposes, to that body corporate.

(3) This section shall not apply to (a)

the office of Chief Justice or Senior Puisne Judge;

(b)

except for the purpose of making appointments thereto or to act therein, the
office of Director of Audit ;

(c)

the office of Ombudsman;
Amended by [Act No. 31 of 2000]; [Act No. 33 of 2001]

(d)

any office, appointments to which are within the functions of the Judicial and
Legal Service Commission or the Police Service Commission;

(e)

any office to which section 87 applies;

(f)

any ecclesiastical office;

(g)

Repealed by [Act No. 5 of 1997]

(h)

any office of a temporary nature, the duties attaching to which are mainly
advisory and which is to be filled by a person serving under a contract on
non-pensionable terms.

(4)

Before any appointment is made to the office of Secretary to the
Cabinet, of Financial Secretary, of a Permanent Secretary or of any other
supervising officer within the meaning of section 68, the Public Service Commission
shall consult the Prime Minister and no appointment to the office of Secretary to the
Cabinet, of Financial Secretary or of a Permanent Secretary shall be made unless
the Prime Minister concurs in it.

(5)

Notwithstanding subsection (1) to (4), the power to transfer any
person holding any such office as is mentioned in subsection (4) to any other such
office, being an office carrying the same emoluments, shall vest in the President,
acting in accordance with the advice of the Prime Minister.

(6)

Before the Public Service Commission appoints to or to act in any
public office any person holding or acting in any office the power to make
appointments to which is vested in the Judicial and Legal Service Commission or
the Police Service Commission, the Public Service Commission shall consult that
Commission.

(7)

Before making any appointment to any office on the staff of the
Ombudsman, the Public Service Commission shall consult the Ombudsman.

(8)

The Public Service, Commission shall not exercise any of its powers in relation to
any office on the personal staff of the President, or in relation to any person holding

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