Chapter 001:01 - The Constitution of the Co-operative Republic of Guyana

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/410-chapter-101-the-constitution-of-the-co-operative-republic-of-guyana/file

L.R.O. 1/2012
LAWS OF GUYANA
CONSTITUTION OF THE CO-OPERATIVE REPUBLIC OF
CHAPTER 1:01
Act
2 of 1980
Amended by
17 of 1984 2 of 2000 O. 38/1987 1 of 1988 11 of 2000
23 of 1990 14 of 2000 1 of 1991 17 of 2000
12 of 1991 3-8 of 2001 35 of 1991 5 of 2003 35 of 1991 10 of 2003 36 of 1991 16 of 2004 11 of 1992 24 of 2006 21 of 1993 22 of 2007 15 of 1995 5 of 2009

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 376 ... 1/2012





GUYANA ACT
LAWS OF GUYANA
2 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Index
of
Subsidiary Legislation
Page
Constitution of the Orders of Guyana 267
(Proclamation 2/1976)

(Rules dated 15/1/1999)
343
290
(Rule 2/ 2010)
Judicial Service Commission Rules
(Rule 1/1981)
288
Constitution of the Orders of Guyana
Replacement of Medals, Miniatures and Ribbons Rules
Public Service Commission Rules
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 3
L.R.O. 1/2012
CHAPTER 1:01
CONSTITUTION
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Constitutional Instruments (including the existing Constitution)
repealed.
4. Appointed day.
5. Exercise of powers of Parliament before appointed day.
6. Exercise of power of President before appointed day.
7. Existing laws.
8. Parliament.
9. Standing Orders.
10. President.
11. Prime Minister.
12. Ministers, Attorney General, Parliamentary Secretaries, etc.,
13. Cabinet.
14. Supreme Court of Judicature.
15. Existing officers.
16. Oaths.
17. Commissions.
18. Continuation of proceedings.
19. Local democratic organs.
20. Amendment of certain provisions of Amerindian Lands
Commission Act.
21. Electoral districts and list of electors.
22. Amendment of this Act.
__________________________
OF THE CO-OPERATIVE REPUBLIC OF GUYANA ACT
SCHEDULE – The Constitution of the Co-operative Republic of Guyana
LAWS OF GUYANA
4 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
CONSTITUTION OF THE CO-OPERATIVE REPUBLIC
OF GUYANA ACT
CHAPTER 1:01
Commission, the Police Service Commission, the
‚service commission‛ means the Public Service
this Act;
‚the existing Parliament‛ means the Parliament which enacted
that day and coming into force on or after that day;
and includes any Act or other written law made before
laws of Guyana immediately before the appointed day
‚existing laws‛ means all laws which had effect as part of the
immediately before the appointed day;
‚the existing Constitution‛ means the Constitution in force
constituted under the existing Constitution;
‚the existing Assembly‛ means the National Assembly
Schedule;
‚the Constitution‛ means the Constitution set out in the
th‚appointed day‛ means the 6 day of October, 1980;
2. (1) In this Act –
operative Republic of Guyana Act.
1. This Act may be cited as the Constitution of the Co-

Interpretation.
Short title.
TH[20 FEBRUARY, 1980 ]
thereto or connected therewith.
Constitution, and to provide for matters incidental
Independence Order 1966, and the existing
Independence Act 1966, the Guyana
Republic of Guyana, to repeal the Guyana
An Act to enact a new Constitution of the Co-operative
2 of 1980

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 5
L.R.O. 1/2012

Constitution-
al
Instruments
(including the
existing
Constitution)
repealed.

Appointed day.
[Procl. 2/1980]

Exercise of
powers of
Parliament
before
appointed
day.

Exercise of
power of
President
before
appointed
Judicial Service Commission or the Teaching Service
Commission in existence immediately before the
appointed day;
and, save where the context otherwise requires, expressions
used in sections 1 to 22(inclusive) have the same meaning
as in the Constitution and the provisions of article 232
thereof shall apply for the purpose of interpreting those
sections as they apply for the purpose of interpreting the
Constitution.

(2) References in article 133 of the Constitution to
any question as to the interpretation of the Constitution
shall be construed as including references to any question as
to the interpretation of any provision of this Act.
3. Subject to the provisions of this Act, on the
appointed day all the provisions of the Guyana
Independence Act 1966, the Guyana Independence Order
1966 (in so far as they form part of the law of Guyana) and
the existing Constitution are repealed and thereupon the
Constitution shall have effect as the supreme law of Guyana
in place of the existing Constitution.
4. The Constitution shall come into operation on the
6th day of October, 1980.

5. At any time after the enactment of this Act, the
existing Parliament may for the purpose of enabling the
Constitution to function on and after the appointed day
exercise any of the powers conferred on the Parliament
established by the Constitution.
6. The power conferred by section 7(2) to make
orders may be exercised by the President under the existing
Constitution at any time after the enactment of this Act to
such extent as may, in his or her opinion, be necessary or
LAWS OF GUYANA
6 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
day.
Existing laws.
[23 of 1990]
expedient to enable the Constitution to function on and after
the appointed day.
7.(1) Subject to the provisions of this Act, the existing laws shall continue in force on and after the
appointed day as if they had been made in pursuance of the
Constitution but shall be construed with such modifications,
adaptations, qualifications and exceptions as may be
necessary to bring them into conformity with this Act.
(2) The President may by order made at any time
within the period of three years next after the
commencement of the Constitution make such
modifications to any existing law as may appear to him or
her to be necessary or expedient for bringing that law into
conformity with the provisions of this Act or otherwise for
giving effect or enabling effect to be given to those
provisions.
(3) Anything done under any existing law before its
modification by or under this section which would, but for
this subsection, cease by virtue of that modification to have
effect, shall continue to have effect as if done under that law
as so modified.
(4) Where any matter that falls to be prescribed or
otherwise provided for under the Constitution by
Parliament or by any other authority or person is prescribed
or provided for by or under any existing law (including any
amendment to any such law made under this section) or is
otherwise prescribed or provided for immediately before
the appointed day by or under the laws repealed by section
3, that prescription or provision shall, on and after that day,
have effect (with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring it
into conformity with this Act) as if it had been made under
the Constitution by Parliament or, as the case may require,
by the other authority or person.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 7
L.R.O. 1/2012
(5) All enactments passed or made by any
Parliament or person or authority under or by virtue of the
Guyana Independence Order 1966 and the existing
Constitution and not before the appointed day declared by a
competent court to be void by reason of any inconsistency
with any provision of the existing Constitution and that are
not repealed, lapsed or spent or that had not otherwise had
their effect, shall be deemed to have been validly passed or
made and to have had full force and effect as part of the law
of Guyana immediately before the appointed day even if
any such enactments were inconsistent with any provision
of the existing Constitution.
(6)Without prejudice to the generality of the
foregoing provisions of this section, if a proclamation of
emergency is in force under article 16 of the existing
Constitution immediately before the appointed day by
virtue of a resolution of the existing Assembly, the
proclamation shall on and after that day have effect as if it
had been made under article 150 of the Constitution and
(without prejudice to its continuance in force for further
periods by virtue of the provisions of paragraph (3)(c) of
the said article 150) as if its continuance in force to the date
referred to in that resolution had been approved by a
resolution passed by the National Assembly under the
provisions of paragraph (3)(c) of the said article 150; and if
any person is on the appointed day detained or restricted in
the manner referred to in article 151 of the Constitution the
provisions of that article requiring his or her case to be
reviewed by a tribunal established for the purpose of that
article not later than three months from the commencement
of the detention or restriction shall, in relation to that
person, have effect as if the detention or restriction had
commenced on the appointed day.
(7) The provisions of this section shall be without
prejudice to any powers conferred by any law upon any
person or authority to make provision for any matter,
LAWS OF GUYANA
8 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Parliament.
including the making of modifications to any existing law.
(8) In this section ‚modification‛ includes
amendment, adaptation or other alteration authorised by
subsection (1).
(9) [Repealed by Act No. 23 of 1990]
8.(1) Notwithstanding any difference between the
composition of the existing Assembly and that of the
National Assembly established by the Constitution, with
effect from the appointed day and until the National
Assembly sits for the first time after the first election held
pursuant to the provisions of article 60(2) of the Constitution,
but subject to subsection (5), the existing Assembly shall be
deemed to be the National Assembly established by the
Constitution (referred to in this section in respect of that
period as ‚the transitional National Assembly‛).
(2) Without prejudice to the generality of
subsection (1), the persons who immediately before the
appointed day were members of the existing Assembly shall
with effect from that day be members of the transitional
National Assembly, and all questions concerning
membership and functioning of the transitional National
Assembly shall be regulated as nearly as may be practicable
by the existing law applicable in the like case to the existing
Assembly.
(3) All matters pending before the existing Assembly immediately before the appointed day may be
continued and completed by the transitional National
Assembly.
(4) Unless and until the transitional National
Assembly otherwise resolves, any person who is a member
of that Assembly by virtue of subsection (2) shall be deemed
to have made and subscribed before the Assembly the oath
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 9
L.R.O. 1/2012

Standing
Orders.
President.
referred to in article 167 of the Constitution.
(5) Unless sooner dissolved by the President
pursuant to the provisions of article 70(2) of the Constitution,
the Parliament constituted by the President and the
transitional National Assembly shall stand dissolved on 26th
October, 1980.
(6) The first election of members of the National
Assembly pursuant to the provisions of paragraphs (3) and
(4) of article 60 of the Constitution shall be held on such day
as the President may by proclamation appoint, being a day
which he or she considers to be as early as practicable after
the holding of the first election of members of the Regional
Democratic Council or of the National Congress of Local
Democratic Organs, as the case may be.
(7) All moneys granted, voted or appropriated by
the existing Assembly in respect of the services of Guyana
for the current financial year shall be deemed to have been
granted, voted or appropriated by the National Assembly
established by the Constitution and in accordance with the
Constitution.
9. The rules and orders of the existing Assembly
as in force immediately before the appointed day shall,
until it is otherwise provided for under article 165 of the
Constitution, be the rules of procedure of the National
Assembly established under the Constitution, but shall be
construed with such modifications, adaptations,
qualifications and exceptions as may be necessary to bring
them into conformity with the Constitution.
10. (1) The person who immediately before the
appointed day holds the office of Prime Minister under the
existing Constitution shall, subject to the provisions of article
97 of the Constitution (relating to the taking of an oath by the
President), assume office as President of the Co-operative
LAWS OF GUYANA
10 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Prime
Minister.

Ministers,
Attorney-
General,
Parliamentary
Secretaries etc.
Republic of Guyana that day as if he or she had been elected
thereto in pursuance of the provisions of the Constitution
and shall, unless he or she sooner dies or resigns or unless he
or she ceases to hold office by virtue of articles 93 and 94 of
the Constitution, continue in office until the person elected
President in the next following Presidential election held for
the purposes of article 91 of the Constitution assumes office.
(2) On the assumption of his or her office pursuant
to subsection (1) the first President of Guyana shall cease to
be a member of the National Assembly and his or her seat
shall thereby become vacant and may be filled as nearly as
practicable in accordance with the provisions of article 70 of
the existing Constitution.
11. Until a Prime Minister is appointed under article
101 of the Constitution, the person who immediately before
the appointed day holds the office of Minister under the
existing Constitution which, however styled, ranks next in
seniority after the office of Prime Minister and who is an
elected member of the existing Assembly shall, on and after
that day, hold the office of Prime Minister as if he or she had
been appointed thereto under that article.
12. (1) Subject to the provisions of sections 10 and
11, the persons who immediately before the appointed day
held office as Minister (other than as Prime Minister),
Attorney General, Parliamentary Secretary, Speaker, Deputy
Speaker or Minority Leader shall, on and after that day, hold
the corresponding office established by the Constitution as if they had been appointed or elected thereto, as the case may
be, in accordance with the provisions of the Constitution.
(2) Any person holding the office of Prime Minister
or of Minister by virtue of the provisions of section 11 or of
subsection (1) of this section respectively who, immediately
before the appointed day, was assigned responsibility under
the existing Constitution for any business of the Government
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 11
L.R.O. 1/2012

Cabinet.

Supreme
Court of
Judicature.

Existing
Officers.
of Guyana, including the administration of any department
of Government, shall, on and after that day, be deemed to
have been assigned responsibility therefor under article 107
of the Constitution.
13. Subject to paragraph (1) of article 106 of the
Constitution, every person who does not otherwise become a
member of the Cabinet established by the Constitution but
who immediately before the appointed day is a member of
the Cabinet under the existing Constitution shall on and
after that day be a member of the Cabinet established by the
Constitution as if he or she had been appointed thereto
under that paragraph.
14. (1) The Supreme Court of Judicature in existence
immediately before the appointed day shall on and after that
day be the Supreme Court of Judicature for the purposes of
the Constitution as if it were established thereunder.
(2) Any decision given before the appointed day
by any court forming part of the Supreme Court of
Judicature in existence immediately before that day shall,
for the purpose of its enforcement or for the purpose of
any appeal therefrom, have effect on and after that day as if
it were a decision of the corresponding court established by
the Constitution.
15. (1) Subject to the provisions of this Act, every
person who immediately before the appointed day holds or
is acting in a public office shall, on and after that day, hold
or act in that office or the corresponding office established by
the Constitution, as the case may be, as if he or she had been
appointed to do so in accordance with the provisions of the
Constitution:
Provided that any person who, under the laws
repealed by section 3 or any other existing law, would have
been required to vacate his or her office at the expiration of
LAWS OF GUYANA
12 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Oaths.

Commissions.

any period shall vacate his or her or office at the expiration
of that period.
(2) Subsection (1) shall apply in relation to the offices of Chancellor, Chief Justice, Justice of Appeal, Puisne
Judge, Ombudsman, Clerk and Deputy Clerk of the
National Assembly and, subject to section 17, to the
offices of Chairman, Deputy Chairman (if any) and member
of the Judicial Service Commission, the Public Service
Commission, the Police Service Commission, the Teaching
Service Commission and the Elections Commission as if
those offices were public offices.
16. Any person who holds or acts in any office on
the appointed day by virtue of the provisions of section 11,
12 or 15 shall be deemed to have taken any necessary oath
under the Constitution or any other law:
Provided that the President may, at any time on or
after the appointed day, require any such person to take any
oath required as aforesaid.
17. (1) Until the expiration of the period of three
months next after the day on which the first election after the
appointed day has been held pursuant to the provisions of
article 61 of the Constitution or until dissolved by a
proclamation issued by the President, whichever shall the
sooner occur, the service commissions and the Elections
Commission as constituted immediately before the
appointed day shall on and after that day be deemed to be
the corresponding commissions under the Constitution
notwithstanding any difference in composition under the
existing law and under the Constitution, and any
appointments to vacancies in membership and other matters
relating thereto shall be made and regulated as nearly as
may be practicable in accordance with the existing law.
(2) Any power of a service commission which
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 13
L.R.O. 1/2012

Continuation
of
proceedings.

Local
democratic
organs.

Amendment
of certain
provisions of
the
Amerindian
Lands
immediately before the appointed day is validly delegated to
any person or authority shall to the extent that power could
be delegated under the Constitution to such person or
authority, be deemed, on and after that day, to have been
delegated to that person or authority in accordance with the
provisions of the Constitution.
18. Where any proceedings are pending
immediately before the appointed day before any court,
body or authority in respect of which a corresponding court,
body or authority is established by or under the
Constitution, those proceedings may on and after that day be
continued and completed by or before such corresponding
court, body or authority as if they had been commenced in
or before such corresponding court, body or authority:
Provided that in the case of any proceedings before
any court, tribunal or the Ombudsman (including any
disciplinary proceedings) where the hearing was partly
completed immediately before the appointed day (in this
section referred to as ‚the original hearing‛), no person shall
take part in the continued hearing, either as the sole or other
member, as the case may be, of the corresponding court,
body or authority established by or under the Constitution
unless he or she has also taken part in the original hearing,
and where the original hearing cannot be so continued the
hearing shall be recommenced.
19. Any local government authority in existence
immediately before the appointed day shall be deemed to be
a local democratic organ for the purposes of the Constitution
as if it were constituted thereunder.
20. Notwithstanding anything contained in the
Constitution, sections 2 and 3 of the Amerindian Lands
Commission Act as in force immediately before the
appointed day may be amended by Parliament only in the
same manner as the provisions specified in article 164(2)(b)
LAWS OF GUYANA
14 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Commission.

Electoral
districts and
list of electors.

Amendment
of this Act.
of the Constitution.
21. (1) The polling districts and divisions constituted
under any existing law in relation to elections of members of
the existing Assembly shall be deemed to be the polling
districts and divisions for the purposes of elections to be
held under article 60(2) of the Constitution subject to any
amendments duly made thereto under such law.
(2) The list of electors last prepared before the
appointed day for the purposes of holding elections of
members of the existing Assembly shall, subject to any
further revision in accordance with law, be deemed to be the
list of electors prepared by the Elections Commission under
article 162 of the Constitution for the purposes of article 60(2)
thereof.
22. (1) Parliament may amend section 3 and this
section in the same manner as it may alter any of the
provisions specified in article 164 (2) (a) of the Constitution.
(2) Parliament may amend any other provision
of this Act, with the exception of the Schedule thereto, in the
same manner as it may alter any of the provisions specified
in article 164 (2)(b) of the Constitution.
(3) Article 164(3) of the Constitution shall apply
for the purpose of construing references in this section to any
provision of this Act and to the alteration of any such
provision as it applies for the purpose of construing
references in the said article 164 to any provision of the
Constitution and to the alteration of any such provision.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 15
L.R.O. 1/2012
SCHEDULE
CONSTITUTION OF THE CO-OPERATIVE
REPUBLIC OF GUYANA
ARRANGEMENT OF ARTICLES
Preamble
PART 1
GENERAL PRINCIPLES
CHAPTER I
THE STATE AND THE CONSTITUTION
ARTICLE
1. The State in transition to socialism
2. The territory.
3. The capital.
4. The flag.
5. The coat of arms.
6. The anthem.
6A. The pledge.
7. Duty to respect national symbols.
8. Supremacy of Constitution.
CHAPTER II
PRINCIPLES AND BASES OF THE POLITICAL,
ECONOMIC AND SOCIAL SYSTEM
9. Sovereignty belongs to the people.
10. Political parties.

LAWS OF GUYANA
16 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE
11. [Article 11 repealed by Act No. 10 of 2003]
12. Local government.
13. Objective of political system.
14. Goal of economic development.
15. Further goal of economic development.
16. State to foster forms of development.
17. Private enterprise.
18. Land to the tiller.
19. Personal property.
20. Right of inheritance.
21. Role of labour.
22. The right and duty to work.
23. Right to leisure.
24. Right to medical attention and social care in case of
old age and disability.
25. Duty to improve environment.
26. Right to housing.
27. Right to education.
28. Youth.
29. Women’s participation in public decision- making.
30. [Article 30 repealed by Act No. 10 of 2003]
31. Protection of citizens’ resident abroad.
32. Duty to prevent crime and protect public property.
33. Duty to defend State.
34. Abolition of discriminatory distinctions.
35. National culture.
36. Land and the environment.
37. External relations.
38. National co-operation for development of economy.
38A. Democratic State with healthy economy.
38B. The best interest of the child.
38C. Adoption in best interest of the child.
38D. Child’s right to maintenance and accommodation.
38E. Formal education compulsory.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 17
L.R.O. 1/2012
ARTICLE
38F. Vilification of religion.
38G. Public Service to be free from political influence.
39. Guiding principles and objectives.
CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL
40. Fundamental rights and freedoms of the individual.
CHAPTER IV
CITIZENSHIP
41. Persons who continue to be citizens on
commencement of Constitution
42. Persons entitled to be registered as citizens.
43. Persons born in Guyana after commencement of
Constitution.
44. Persons born outside Guyana after commencement
of Constitution.
45. Marriage to citizen of Guyana.
46. Deprivation of citizenship on acquisition of, or
exercise of rights of another citizenship.
47. Commonwealth citizens.
48. Powers of Parliament.
49. Interpretation.
CHAPTER V
SUPREME ORGANS OF DEMOCRATIC POWER
50. Supreme organs of democratic power.


LAWS OF GUYANA
18 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE
CHAPTER VI
PARLIAMENT
COMPOSITION OF PARLIAMENT
51. Establishment of Parliament.
52. Composition of the National Assembly.
53. Qualifications for election as members.
54. Tenure of seats of members of the National
Assembly.
55. First meeting of the National Assembly.
56. Speaker and Deputy Speaker.
57. Clerk and Deputy Clerk.
58. Unqualified persons sitting or voting.
ELECTIONS 59. Qualifications and disqualifications for electors.
60. Electoral system.
61. Times for elections under article 60(2).
62. Elections Commission.
63. Filling of casual vacancies.
64. Determination of questions as to membership and elections.
POWERS AND PROCEDURE OF PARLIAMENT
65. Legislative power.
66. Alteration of this Constitution.
67. Attendance of the President in the National Assembly.
68. Regulation of procedure, etc.
SUMMONING, PROROGATION AND DISSOLUTION
69. Sessions of Parliament.
70. Prorogation and dissolution of Parliament.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 19
L.R.O. 1/2012
ARTICLE
CHAPTER VII
LOCAL DEMOCRACY
LOCAL DEMOCRATIC ORGANS
71. Local government.
72. Local government areas.
73. Election of members of regional councils.
73A. Lower tier of local government to be represented at
the tier above.
74. Duties of local democratic organs.
75. Power to take decisions.
76. Power to raise revenue.
77. Regional development programme to be integrated
into the national development plans.
77A. Parliament to provide criteria for allocation of
resources by local democratic organs.
78. Local governmental elections.
78A. Local Government Commission
78B. Representativeness and accountability of local
democratic organs to the electorate.
79 - 81. [Articles 79 to 81 repealed by Act No. 14 of 2000.]
82- 88. [Chapter VIII- Articles 82-88 repealed by Act No. 14
of 2000]
CHAPTER IX
THE PRESIDENT
89. Establishment of Office of President.
90. Qualifications for election.
91. Election of President.
92. Tenure of Office of President.
93. Removal of President on grounds of incapacity.
94. Removal of President for violation of Constitution or
gross misconduct.
95. Vacancy in Office of President.
96. Discharge of functions of President during absence,
illness, etc.
LAWS OF GUYANA
20 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE
97. Oath to be taken by President.
98. Remuneration, etc., of President
CHAPTER X
THE EXECUTIVE
99. Executive authority of Guyana.
100. Establishment of Office of Prime Minister and other
Ministerial offices.
101. The Prime Minister.
102. Vice-Presidents.
103. Ministers.
104. Ministerial appointments during dissolution.
105. Non-elected Ministers to sit in Assembly.
106. The Cabinet.
107. Allocation of portfolios.
108. Tenure of office of Ministers.
109. Minister’s absence or illness.
110. Leader of the Opposition.
111. Exercise of President’s powers.
112. Attorney General.
113. Parliamentary Secretaries.
114. Oaths of Ministers, etc.
115. Permanent Secretaries.
116. Director of Public Prosecutions.
117. Secretary to the Cabinet.
118. Subcommittees of Cabinet.
119. Standing Committees.
119A. Parliamentary Standing Committee for
Constitutional Reform
119B. Parliamentary Sectoral committees.
119C. Standing committee to address matters relating to
appointment of members of Commissions
established under the Constitution.
119D. Parliamentary Oversight Committee on the Security
Sector.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 21
L.R.O. 1/2012
ARTICLE
120. Constitution of offices.
121. Prerogative of Mercy.
122. Ombudsman.
CHAPTER XI
THE JUDICATURE
THE SUPREME COURT OF JUDICATURE
122A. Independent Judiciary.
123. Establishment of Supreme Court of Judicature.
124. Constitution of Court of Appeal.
125. Constitution of High Court.

JUDGES OF THE SUPREME COURT OF JUDICATURE
126. Interpretation.
127. Appointment of Chancellor and Chief Justice.
128. Appointment of Justices of Appeal and Puisne
Judges.
128A. Appointment of part-time Judges.
129. Qualifications of Judges.
130. Attendance of additional Judge in Court of Appeal
and High Court.
131. Tenure of office of Judges.
132. Oaths of Judges.
APPEALS
133. Appeals on constitutional questions and
fundamental rights.

LAWS OF GUYANA
22 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE
CHAPTER XII
THE SERVICE COMMISSIONS
134. The Judicial Service Commission.
135. The Public Service Commission.
136. The Teaching Service Commission.
137. The Police Service Commission.
PART 2
SPECIFIC RULES
TITLE 1 PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
138. Protection of right to life.
139. Protection of right to personal liberty.
140. Protection from slavery and forced labour.
141. Protection from inhuman treatment.
142. Protection from deprivation of property.
143. Protection against arbitrary search or entry.
144. Provisions to secure protection of law.
145. Protection of freedom of conscience.
146. Protection of freedom of expression.
147. Protection of freedom of assembly, association and
demonstration.
148. Protection of freedom of movement.
149. Protection from discrimination on the grounds of
race, etc.
149A. Right to work.
149B. Right to pension and gratuity.
149C. Right to participate in decision-making processes
of the State.
149D. Equality of persons before the law.
149E. Equality of status.
149F. Equality for women.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 23
L.R.O. 1/2012
ARTICLE
149G. Indigenous peoples' right.
149H. Right to free education.
149I. Right to establish private schools.
149J. The environment.
150. Provisions for time or war or emergency.
151. Reference to tribunal in certain cases.
152. Saving of existing laws and disciplinary laws.
153. Enforcement of protective provisions.
154. Interpretation.
TITLE 1A PROTECTION OF HUMAN RIGHTS
154A. Human rights of the individual.
TITLE 2
PARLIAMENT
155. Disqualifications for election as members.
156. Tenure of seats of members of the National
Assembly.
157. Speaker and Deputy Speaker.
158. Clerk and Deputy Clerk.
159. Qualifications and disqualifications for electors.
160. Electoral system.
160A. Political parties prohibited from causing ethnic
division.
161. Elections Commission.
161A. Appointment of staff of Elections Commission;
Secretariat of the Commission.
161B. Role of political parties in the conduct of elections
through the Elections Commission.
162. Functions of Elections Commission.
163. Determination of questions as to membership and
elections.
164. Procedure for altering this Constitution.
LAWS OF GUYANA
24 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE
165. Regulation of procedure.
166. Presiding in the Assembly.
167. Oaths of members.
168. Voting.
169. Quorum.
170. Mode of legislation.
171. Introduction of Bills, etc.
172. Privileges, etc., of members of the National
Assembly.
TITLE 3
173-176 [Title 3 Articles 173-176 repealed by Act No. 14 of
2000]
TITLE 4
THE PRESIDENT
177. Election of President.
178. Tenure of office of President.
179. Removal of President on grounds of incapacity.
180. Removal of President for violation of Constitution or
gross misconduct.
181. Salary and allowances of President.
182. Immunities of President.
TITLE 5
THE EXECUTIVE
SUBTITLE 1
MINISTERS, etc.
183. Tenure of office of Ministers.
184. Leader of the Opposition.
185. Attorney General.
186. Parliamentary Secretaries.
187. Functions of Director of Public Prosecutions.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 25
L.R.O. 1/2012
ARTICLE
188. Prerogative of Mercy.
189. Advisory Council on Prerogative of Mercy.
190. Functions of Advisory Council.
SUBTITLE 2
THE OMBUDSMAN
191. Appointment, etc., of Ombudsman.
192. Matters subject to investigation by the Ombudsman.
193. Excluded matters.
194. Ombudsman’s functions on concluding an
investigation, and reports to the Assembly.
195. Power of Parliament to make supplementary
provision.
196. Interpretation.
TITLE 6
THE JUDICATURE
197. Tenure of office of Judges.
TITLE 6A
DEFENCE AND SECURITY
197A. Defence and security.
TITLE 7
THE SERVICE COMMISSIONS
THE JUDICIAL SERVICE COMMISSION
198. Composition of Commission.
199. Appointment, etc., of judicial and legal officers.


LAWS OF GUYANA
26 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE THE PUBLIC SERVICE COMMISSION
200. Composition of Commission.
201. Appointment, etc., of public officers.
202. Appeals to Public Service Commission.
203. Appointment, etc., of Director of Public
Prosecutions.
204. Appointment, etc., of Auditor General.
205. Appointments of Solicitor General and others.
206. Appointments on transfer to certain offices.
THE TEACHING SERVICE COMMISSION
207. Composition of Commission.
208. Vacation of office of appointed member of the
Commission
209. Appointment of teachers.
THE POLICE SERVICE COMMISSION
210. Composition of Commission.
211. Appointment, etc., of Commissioner of Police and
Deputy Commissioners.
212. Appointment, etc., of other members of Police Force.
THE ETHNIC RELATIONS COMMISSION
212A. Ethnic Relations Commission.
212B. Composition of Ethnic Relations Commission.
212C. Ethnic Relations Commission Tribunal.
212D. Functions of the Ethnic Relations Commission.
212E. Reports.
212F. Rules.


LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 27
L.R.O. 1/2012
ARTICLE
THE RIGHTS COMMISSIONS
COMMISSIONS FOR THE PROMOTION AND
ENHANCEMENT OF THE FUNDAMENTAL RIGHTS
AND THE RULE OF LAW
212G. Rights Commissions.
212 H. Appointments.
212I. Secretariat.
212J. General functions.
212K. Rights Commissions Tribunal.
212L. Appeals.
212M. Reports.
THE HUMAN RIGHTS COMMISSION
212N. Human Rights Commission.
212O. Functions of the Human Rights Commission.
212P. Secretariat.
THE WOMEN AND GENDER EQUALITY COMMISSION
212Q. Women and Gender Equality Commission.
212R. Functions of the Women and Gender Equality
Commission.
THE INDIGENOUS PEOPLES’ COMMISSION
212S. Indigenous Peoples’ Commission.
212T. Functions of Indigenous Peoples’ Commission.
THE RIGHTS OF THE CHILD COMMISSION
212U. Rights of the Child Commission.
212V. Functions of the Rights of the Child Commission.
THE PUBLIC PROCUREMENT COMMISSION
212W. Public Procurement Commission.
LAWS OF GUYANA
28 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ARTICLE
212X. Composition of the Public Procurement
Commission.
212Y. Appointment.
212Z. Secretariat.
212AA. Functions of the Public Procurement
Commissions.
212BB. Appeals.
212CC. Reports.
212DD. Requirement to provide information.
212EE. Public Procurement Tribunal.
PRINCIPLES FOR THE ESTABLISHMENT OF
COMMISSIONS
212FF. Principles for the establishment of Commissions.

PENSIONS
213. Protection of pension rights.
214. Power of Commissions in relation to pensions, etc.
215. Interpretation.
PUBLIC SERVICE APPELLATE TRIBUNAL
215A. Public Service Appellate Tribunal.
TITLE 8
FINANCE
216. Establishment of Consolidated Fund.
217. Withdrawals from Consolidated Fund or other
public funds.
218. Authorisation of expenditure from Consolidated
Fund by appropriation.
219. Authorisation of expenditure in advance of
appropriation.
220. Contingencies Fund.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 29
L.R.O. 1/2012
ARTICLE
221. Public debt.
222. Remuneration of holders of certain offices.
222A. Overarching clause on financial autonomy.
223. Office and functions of Auditor General
TITLE 9
MISCELLANEOUS
224. Rules of court.
225. Removal from office of certain persons.
226. Powers and procedure of Commissions.
227. Disqualification for office of persons exciting racial
hostility.
TITLE 10
INTERPRETATION
228. Appointments.
229. Resignations.
230. Vacation of office on attaining a prescribed age.
231. [Article 231 repealed by Act No. 17 of 2000].
232. Interpretation.
FIRST SCHEDULE - Form of Oath of Office.
SECOND SCHEDULE - The National Flag, The Coat of
Arms, The National Anthem, and The National
Pledge.
THIRD SCHEDULE - Entities.
FOURTH SCHEDULE - Conventions.

LAWS OF GUYANA
30 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

[6 of 2001]
CONSTITUTION OF THE CO-OPERATIVE
REPUBLIC OF GUYANA
PREAMBLE
WE, THE GUYANESE PEOPLE,
Proud heirs of the indomitable will of our forebears, in a
spirit of reconciliation and cooperation, proclaim
this Constitution in order to:
Safeguard and build on the rich heritage, won through
tireless struggle, bequeathed us by our forebears;
Affirm our sovereignty, our independence and our
indissolubility;
Forge a system of governance that promotes concerted effort
and broad-based participation in national decision-
making in order to develop a viable economy and a
harmonious community based on democratic
values, social justice, fundamental human rights,
and the rule of law;
Celebrate our cultural and racial diversity and strengthen
our unity by eliminating any and every form of
discrimination;
Value the special place in our nation of the Indigenous
Peoples and recognise their right as citizens to land
and security and to their promulgation of policies for
their communities;
Acknowledge the aspirations of our young people who, in
their own words, have declared that the future of
Guyana belongs to its young people, who aspire to
live in a safe society which respects their dignity,
protects their rights, recognises their potential,
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 31
L.R.O. 1/2012

The State in
transition to
socialism.
listens to their voices, provides opportunities,
ensures a healthy environment and encourages
people of all races to live in harmony and peace and
affirm that their declaration will be binding on our
institutions and be a part of the context of our basic
law;
Demonstrate our commitment to protect our natural
environment and endowment;
Create a republican community practically aware that the
finances, industry, communications, education,
business and technology of the world are global
factors affecting all in which all must engage and
from which all must benefit.
As citizens of Guyana, we adopt these fundamental laws and
make provision for their amendment to reflect
changes in our society, inspired by our collective
quest for a perfect nation, whose characteristics
include the commitments, concepts, and other
principles proclaimed in this preamble.
May God protect our people.
CONSTITUTION OF THE CO-OPERATIVE REPUBLIC
OF GUYANA
PART 1
GENERAL PRINCIPLES
CHAPTER I
THE STATE AND THE CONSTITUTION
1. Guyana is an indivisible, secular, democratic
sovereign state in the course of transition from capitalism
to socialism and shall be known as the Co-operative
Republic of Guyana.
LAWS OF GUYANA
32 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
The territory.

The capital.

The flag.
[6 of 2001]
Second
Schedule.
The coat of
Arms.
[6 of 2001]

The anthem.
[6 of 2001]
The pledge.
[6 of 2001]

Duty to
respect
national
symbols.
[6 of 2001]

Supremacy of
Constitution.
2. The territory of the State comprises the areas
that immediately before the commencement of this
Constitution were comprised in the area of Guyana
together with such other areas as may be declared by Act
of Parliament to form part of the territory of the State.
3. The capital of the State is the city of
Georgetown.
4. The national flag of the State is the flag known
as ‚The Golden Arrow Head‛ as set out in the Second
Schedule.
5. The coat of arms of the State is that in use at the
commencement of this Constitution as set out in the
Second Schedule.
6. The national anthem of the State is the anthem
known as ‚Green Land of Guyana‛ as set out in the
Second Schedule.
6A. The National Pledge of the State is the pledge as
set out in the Second Schedule.
7. It is the duty of every citizen of Guyana wherever
he or she may be and of every person in Guyana to respect
the national flag, the coat of arms, the national anthem,
the national pledge and the Constitution of Guyana, and
to treat them with due and proper solemnity on all
occasions.
8. This Constitution is the supreme law of Guyana
and, if any other law is inconsistent with it, that other law
shall, to the extent of the inconsistency, be void.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 33
L.R.O. 1/2012

Sovereignty
belongs to the
people.
Political
parties.
Local
Government.
Objective of
political
system.
[ 6 of 2001]
Goals of
economic
development.
[6 of 2001]

Further goal
9. Sovereignty belongs to the people, who exercise it
through their representatives and the democratic organs
established by or under this Constitution.
10. The right to form political parties and their
freedom of action are guaranteed. Political parties must
respect the principles of national sovereignty and of
democracy.
11. [Article 11 repealed by Act No. 10 of 2003]
12. Local government by freely elected
representatives of the people is an integral part of the
democratic organisation of the State.
13. The principal objective of the political system of
the State is to establish an inclusionary democracy by
providing increasing opportunities for the participation of
citizens, and their organisations in the management and
decision-making processes of the State, with particular
emphasis on those areas of decision-making that directly
affect their well-being.
14. The goal of economic development includes the
objective of creating, promoting and encouraging an
economic system capable of achieving and maintaining
sustainable competitive advantage in the context of a
global competitive environment, by fostering
entrepreneurship, individual and group initiative and
creativity, and strategic alliances with domestic and global
business partners in the private sector.
15. The goal of economic development includes the
ECONOMIC AND SOCIAL SYSTEM
PRINCIPLES AND BASES OF THE POLITICAL,
CHAPTER II
LAWS OF GUYANA
34 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
of economic
development.
[6 of 2001]

State to
foster forms
of
development.
[6 of 2001]
Private
enterprise.
[6 of 2001]

Land to the
tiller.
Personal
property.

Right to
inheritance.
Role of
labour.
The right
and duty to
work.
[10 of 2003]
objective of laying the material basis for the greatest
possible satisfaction of the people’s growing material,
cultural and intellectual requirements, as well as the
dynamically stable development of their personality,
creativity, entrepreneurial skills, and co- operative
relations in a plural society. The State shall intervene to
mitigate any deleterious effects of competition on
individuals or groups of individuals.
16. The State shall foster the development of such
relevant forms of cooperation and of business entities as
are seen to be supportive of the goals of economic
development as stated in articles 14 and 15.
17. Privately owned economic enterprises are
recognised, and shall be facilitated in accord with their
conformity with the aims and objectives stated or implied
in articles 13, 14, 15 and 16.
18. Land is for social use and must go to the tiller.
19. Every citizen has the right to own personal
property which includes such assets as dwelling houses
and the land on which they stand, farmsteads, tools and
equipment, motor vehicles and bank accounts.
20. The right of inheritance is guaranteed.
21. The source of the growth of social wealth and of
the well-being of the people, and of each individual, is the
labour of the people.
22. (1) Every citizen has the right to be rewarded
according to the nature, quality and quantity of his or her
work, to equal pay for equal work or work of equal value,
and to just conditions of work.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 35
L.R.O. 1/2012

Right to
leisure.
Right to
medical
attention and
social care in
case of old
age and
disability.
Duty to
improve
environment.
Right to
housing.
Right to
education.
[10 of 2003]

Youth.
(2) Every citizen who is able to work has a duty
to work.
23. Every citizen has the right to rest, recreation and
leisure. The State in co-operation with co-operatives, trade
unions and other socio-economic organisations will
guarantee this right by prescribing hours and conditions of
work and by establishing holiday arrangements for
workers, including a complex of cultural, educational and
health institutions.
24. Every citizen has the right to free medical
attention and also to social care in case of old age and
disability.

25. Every citizen has a duty to participate in
activities designed to improve the environment and
protect the health of the nation.
26. Every citizen has the right to proper housing
accommodation.
27. (1) Every citizen has the right to free education
from nursery to university as well as at non-formal places
where opportunities are provided for education and
training.
(2) It is the duty of the State to provide
education that would include curricula designed to reflect
the cultural diversities of Guyana and disciplines that are
necessary to prepare students to deal with social issues
and to meet the challenges of the modern technological
age.
28. Every young person has the right to ideological,
LAWS OF GUYANA
36 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Women ‘s
participation
in public
decision-
making.
[10 of 2003]
Protection
of citizens
resident
abroad.
Duty to
prevent
crime and to
protect public
property.

Duty to
defend
State.
Abolition of
discrimina-
tory
distinctions.

National
culture.

Land and the
social, cultural and vocational development and to the
opportunity for responsible participation in the
development of the socialist order of society.
29. Women’s participation in the various
management and decision-making processes, whether
private, public or state, shall be encouraged and facilitated
by laws enacted for that purpose or otherwise.
30. [Article 30 repealed by Act No. 10 of 2003]
31. It is the duty of the State to protect the just rights
and interests of citizens’ resident abroad.
32. It is the joint duty of the State, the society and
every citizen to combat and prevent crime and other
violations of the law and to take care of and protect public
property.
33. It is the duty of every citizen to defend the State.
34. It is the duty of the State to enhance the
cohesiveness of the society by eliminating discriminatory
distinctions between classes, between town and country,
and between mental and physical labour.
35. The State honours and respects the diverse
cultural strains which enrich the society and will seek
constantly to promote national appreciation of them at all
levels and to develop out of them a socialist national
culture for Guyana.
36. The well-being of the nation depends upon
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 37
L.R.O. 1/2012
environment.
[10 of 2003]

External
relations.

National co-
operation for
development
of economy.

Democratic
state with a
healthy
economy.
[10 of 2003]
preserving clean air, fertile soils, pure water and the rich
diversity of plants, animals and eco-systems.
37. The State supports the legitimate aspirations of
other peoples for freedom and independence and will
establish relations with all states on the basis of sovereign
equality; mutual respect, inviolability of frontiers,
territorial integrity of states, peaceful settlement of
disputes, non-intervention in internal affairs, respect for
human rights and fundamental freedoms, and co-
operation among States.
38. It is the duty of the State, co-operatives, trade
unions, other socio-economic organisations and the people
through sustained and disciplined endeavours to achieve
the highest possible levels of production and to develop
the economy in order to ensure the realisation of the rights
set out in this Chapter.
38A. To ensure that Guyana is a democratic State
with a healthy economy, the State shall –
(a) facilitate the engagement of citizens
in activities designed to achieve
their sustainable livelihoods;
(b) progressively remove the barriers
that prohibit or limit the realisation
of the potential for self-sustaining
activities in such fields as
agriculture, processing,
manufacturing and artistic and
information-based activities;
(c) encourage and support the self-
mobilisation of citizens; and
(d) provide appropriate support to any
LAWS OF GUYANA
38 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

The best
interest of
the child.
[10 of 2003]

Adoption in
best interest
of the child.
[10 of 2003]
Child’s right
to
maintenance
and
accommo-
dation.
[10 of 2003]

Formal
education
compulsory.
[10 of 2003]
Vilification
of religion.
[10 of 2003]
Public service
to be free
from political
influence.
[10 of 2003]
group which is, or is claiming to be,
under threat of marginalisation.
38B. The best interest of the child shall be the
primary consideration in all judicial proceedings and
decisions and in all matters concerning children, whether
undertaken by public or private social welfare institutions,
administrative authorities or legislative bodies.
38C. The State shall ensure that the adoption of a
child takes place only if that adoption would be in the best
interest of the child.

38D. Every child has the right to maintenance and
accommodation from his or her parents and guardians.

38E. Formal education is compulsory up to the age
of fifteen years.
38F. No person’s religion or religious belief shall be
vilified.
38G.(1) The integrity of the public service is
guaranteed. No public officer shall be required to execute
or condone irregular acts on the basis of higher orders.
(2) The freedom of every public officer to
perform his or her duties and fulfil his or her
responsibilities is protected.
(3) No public officer shall be the subject of
sanctions of any kind without due process.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 39
L.R.O. 1/2012

Guiding
principles
and
objectives.
[10 of 2003]
Fundamental
rights and
freedoms of
the
individual.
[10 of 2003]

(4) In the discharge of his or her duties a public
officer shall execute the lawful policies of the government.
39. (1) It is the duty of Parliament, the Government,
the courts and all other public agencies to be guided in the
discharge of their functions by the principles set out in
this Chapter, and Parliament may provide for any of those
principles to be enforceable in any court or tribunal.
(2) In the interpretation of the fundamental
rights provisions in this Constitution a court shall pay due
regard to international law, international conventions,
covenants and charters bearing on human rights.
CHAPTER III
FUNDAMENTAL RIGHTS AND FREEDOMS OF THE
INDIVIDUAL
40. (1) Every person in Guyana is entitled to the
basic right to a happy, creative and productive life, free
from hunger, ignorance and want. That right includes the
fundamental rights and freedoms of the individual.
(2) The provisions of Title 1 of Part 2 shall have
effect for the purpose of affording protection to the
aforesaid fundamental rights and freedoms of the
individual subject to such limitations of that protection as
are contained in those provisions, being limitations
designed to ensure that the enjoyment of the said rights
and freedoms by any individual does not prejudice the
rights and freedoms of others or the public interest.

LAWS OF GUYANA
40 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Persons
who
continue to
be citizens on
commence-
ment of
Constitu-
tion.
Persons
entitled to be
registered as
citizens.

CHAPTER IV
CITIZENSHIP
41. Every person who immediately before the
commencement of this Constitution is a citizen of Guyana
shall continue to be a citizen of Guyana.

42. (1) Every person who immediately before the
commencement of this Constitution is or has been married
to a person –
(a) who continues to be a citizen of
Guyana by virtue of the preceding
article; or
(b) who, having died before the
commencement of this Constitution
would, but for his or her death,
have continued to be a citizen of
Guyana on that date by virtue of
that article,
shall, if not otherwise a citizen, be entitled, upon making
application and upon taking the oath of allegiance, to be
registered as a citizen of Guyana:
Provided that the right to be registered as a citizen
under this paragraph shall be subject to such exceptions or
qualifications as may be prescribed in the interests of
national security or public policy.
(2) Any application for registration under this
article shall be made in such manner as may be
prescribed.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 41
L.R.O. 1/2012
Persons
born in
Guyana after
commence-
ment of
Constitution.

Persons born
outside
Guyana after
commence-
ment of
Constitution.
Marriage to
citizen of
Guyana.
43. Every person born in Guyana after the
commencement of this Constitution shall become a citizen
of Guyana at the date of his or her birth:
Provided that a person shall not become a citizen of
Guyana by virtue of this article if at the time of his or her
birth –
(a) his or her father or his or her
mother possesses such immunity
from suit and legal process as is
accorded to an envoy of a foreign
sovereign power accredited to
Guyana and neither of them is a
citizen of Guyana; or
(b) his or her father or his or her
mother is an enemy alien and the
birth occurs in a place then under
occupation by the enemy.
44. A person born outside Guyana after the
commencement of this Constitution shall become a citizen
of Guyana at the date of his or her birth if at that date his
or her father or his or her mother is a citizen of Guyana
otherwise than by virtue of this article.
45. Any person who, after the commencement of
this Constitution, marries a person who is or becomes a
citizen of Guyana shall be entitled, upon making
application in such manner and taking such oath of
allegiance as may be prescribed, to be registered as a
citizen of Guyana:
Provided that the right to be registered as a citizen
of Guyana under this article shall be subject to such
exceptions or qualifications as may be prescribed in the
interests of national security or public policy.
LAWS OF GUYANA
42 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Deprivation of
citizenship
on
acquisition
of, or
exercise of
right of,
another
citizenship.

Common-
wealth
citizens.
46. (1) If the President of Guyana is satisfied that
any citizen of Guyana has any time after 25th May 1966,
acquired by registration, naturalisation or any other or
other voluntary and formal act (other than marriage) the
citizenship of any country other than Guyana, the
President may by order deprive that person of his or her
citizenship.
(2) If the President is satisfied that any citizen of
Guyana has at any time after 25th May, 1966, voluntarily
claimed and exercised in a country other than Guyana any
rights available to him or her under the law of that
country, being rights accorded exclusively to its citizens,
the President may by order deprive that person of his or
her citizenship.
47. (1) Every person who under this Constitution or
any Act of Parliament is a citizen of Guyana or under any
enactment for the time being in force in any country to
which this article applies is a citizen of that country shall,
by virtue of that citizenship, have the status of a
Commonwealth citizen.
(2) Every person who is a British subject
without citizenship under the British Nationality Act 1948,
continues to be a British subject under section 2 of that Act
or is a British subject under the British Nationality Act
1965 shall, by virtue of that status, have the status of a
Commonwealth citizen.
(3) The countries to which this article applies are
Antigua and Barbuda, Australia, The Bahamas,
Bangladesh, Barbados, Belize, Botswana, Brunei, Canada,
Cyprus, Dominica, Fiji, The Gambia, Ghana, Grenada,
India, Jamaica, Kenya, Kiribati, Lesotho, Malawi,
Malaysia, Maldives, Malta, Mauritius, Nauru, New
Zealand and Island Territories and Self-Governing
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 43
L.R.O. 1/2012

Powers of
Parliament.

Interpretation.
Countries in free Association with New Zealand, Nigeria,
Papua New Guinea, Seychelles, Sierra Leone, Singapore,
Solomon Islands, Sri Lanka, Saint Christopher and Nevis,
Saint Lucia, Saint Vincent and the Grenadines, Swaziland,
Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda,
United Kingdom and Colonies, Vanuatu, Western Samoa,
Zambia and Zimbabwe.
(4) The President may from time to time by
order subject to affirmative resolution of the National
Assembly amend paragraph (3) by adding any country
thereto or by deleting any country therefrom.
48. (1) Parliament may make provision –
(a) for the acquisition of citizenship of
Guyana by persons who do not
become citizens of Guyana by virtue
of the provisions of this Chapter;
(b) for depriving of his or her
citizenship of Guyana any person
who is a citizen of Guyana
otherwise than by virtue of article
41 (in so far as it relates to persons
who became citizens of Guyana by
virtue of articles 21, 23 and 24 of the
Constitution of Guyana annexed to
the Guyana Independence
Order1966), 43 or 44; or
(c) for the renunciation by any person of
his or her citizenship of Guyana.
49. (1) In this Chapter ‚prescribed‛ means
prescribed by or under any Act of Parliament.

LAWS OF GUYANA
44 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Supreme
organs of
democratic
power.
[14 of 2000]

Establishment
of Parliament.
(2) For the purposes of this Chapter, a person
born aboard a registered ship or aircraft or aboard an
unregistered ship or aircraft of the government of any
country shall be deemed to have been born in the place in
which the ship or aircraft was registered or, as the case
may be, in that country.
(3) Any reference in this Chapter to the national
status of the father or mother of a person at the time of
that person’s birth shall, in relation to a person born after
the death of either parent, be construed as a reference to
the national status of the deceased parent at the time of
that parent’s death; and where that death occurred before
the date of commencement of this Constitution, and the
birth occurred on or after that date, the national status
which that parent would have had if he or she had died
on that date, shall be deemed to be his or her national
status at the time of death.
CHAPTER V
SUPREME ORGANS OF DEMOCRATIC POWER
50. The supreme organs of democratic power in
Guyana shall be –
(i) the Parliament;
(ii) the President; and
(iii) the Cabinet.
CHAPTER VI
PARLIAMENT
COMPOSITION OF PARLIAMENT
51. There shall be a Parliament of Guyana, which
shall consist of the President and the National Assembly.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 45
L.R.O. 1/2012
Composition
of the
National
Assembly.
[4 of 2001]

Qualifications
for election as
members.

Tenure of
seats of
members of
the National
Assembly.
First meeting
of the
National
52. (1) Subject to paragraph (2) and to articles 105,
185 and 186, the National Assembly shall consist of such
number of members as shall be determined by the
Assembly who shall be elected in accordance with the
provisions of this Constitution and, subject thereto, in
accordance with any law made by Parliament in that
behalf.
(2) If any person who is not a member of the
National Assembly is elected to be Speaker of the National
Assembly, he or she or she shall, by virtue of holding the
office of Speaker, be a member of the Assembly in addition
to the members aforesaid.
53. Subject to article 155 (which relates to allegiance,
insanity, and other matters) a person shall be qualified for
election as a member of the National Assembly if, and
shall not be so qualified unless, he or she –
(a) is a citizen of Guyana of the age of
eighteen years or upwards; and

(b) is able to speak and, unless
incapacitated by blindness or other
physical cause, to read the English
language with a degree of
proficiency sufficient to enable him
or her to take an active part in the
proceedings of the Assembly.
54. Members of the National Assembly shall vacate
their seats in the Assembly in the circumstances set out in
article 156.
55. Whenever elections have been held pursuant to
the provisions of article 61, the National Assembly shall
LAWS OF GUYANA
46 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
Assembly.

Speaker and
Deputy
Speaker.

Clerk and
Deputy
Clerk.
hold its first meeting at the time appointed under article
69(1), and any reference in this Constitution to the
National Assembly meeting for the first time after any
election shall be read and construed as a reference to such
first meeting.
56. (1) When the National Assembly first meets after
any election and before it proceeds to the despatch of any
other business, it shall elect a person to be the Speaker of
the Assembly; and if the office of Speaker falls vacant at
any time before the next dissolution of Parliament, the
Assembly shall, as soon as practicable, elect another
person to that office.
(2) The Speaker may be elected either from
among the members of the Assembly who are not
Ministers or Parliamentary Secretaries or from among
persons who are not members of the Assembly but are
qualified for election as members.
(3) When the National Assembly first meets
after any election and before it proceeds to the despatch of
any other business except the election of the Speaker, the
Assembly shall elect a member of the Assembly who is not
a Minister or a Parliamentary Secretary to be Deputy
Speaker of the Assembly; and if the office of Deputy
Speaker falls vacant at any time before the next
dissolution of Parliament, the Assembly shall, as soon as
convenient, elect another such member to that office.
(4) A person shall vacate the office of Speaker or
Deputy Speaker if required to do so by article 157 (which
relates to loss of qualification for election as a member of
the National Assembly and other matters).
57. (1) There shall be a Clerk and a Deputy Clerk of
the National Assembly, and appointments to those offices
L.R.O. 1/2012
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 47
L.R.O. 1/2012


Unqualified
persons
sitting or
voting.

Qualifications
and
disqualifica-
tions for
electors.

Electoral
system.
[14 of 2000]

Time for
elections
under article
60(2).
shall be made by the President acting in accordance with
the advice of the Speaker.
(2) The tenure of office and terms of service of
the Clerk and Deputy Clerk and other matters relating
thereto shall be regulated by article 158.
58. (1)Any person who sits or votes in the National
Assembly, knowing or having reasonable ground for
knowing that he or she is not entitled to do so, shall be
liable to a penalty of fifty dollars for each day upon which
he or she so sits or votes.
(2) Any such penalty shall be recoverable by
civil action in the High Court at the suit of the Attorney
General.
ELECTIONS
59. Subject to the provisions of article 159, every
person may vote at an election if he or she is of the age
eighteen years or upwards and is either a citizen of
Guyana or a Commonwealth citizen domiciled and
resident in Guyana.
60. (1) Election of members of the National
Assembly shall be by secret ballot.
(2) Subject to the provisions of article 160(2),
such number of members of the National Assembly as
determined by the Assembly, shall be elected in
accordance with the system of proportional representation
prescribed by article 160(1).
61. An election of members of the National
Assembly under article 60 (2) shall be held on such day
within three months after every dissolution of Parliament
as the President shall appoint by proclamation:
LAWS OF GUYANA
48 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Elections
Commission.
Filling of
casual
vacancies.

Determina-
tion of
questions as to
membership
and elections.

Legislative
power.
[1 of 1988]
Alteration of
this Constitu-
Provided that no balloting commenced during the
period of three months aforesaid, performed before the
day so appointed and pursuant to which the votes of any
person registered as electors are cast at the election, shall
be deemed contrary to the requirements of this article by
reason only that such balloting has been so performed.
62. Elections shall be independently supervised by
the Election Commission in accordance with the
provisions of article 162.
63. Parliament may make provision for the filling of
casual vacancies among the seats of members of the
National Assembly and for other matters relating to
election of members of the Assembly in accordance with
the provisions of paragraphs (2) and (3) of article 160.
64. All questions as to membership of the National
Assembly shall be determined by the High Court in
accordance with the provisions of article 163.

POWERS AND PROCEDURE OF PARLIAMENT
65. (1) Subject to the provisions of this Constitution,
Parliament may make laws for the peace, order and good
government of Guyana.
(2) The validity of any law made under this
Constitution with effect from a date earlier than the day
on which this Constitution commenced shall not be called
in question in any court or tribunal on the ground that it
contravenes, or is inconsistent with, any provision of any
constitution which was in force in Guyana at any time
before the day on which this Constitution commenced.
66. Subject to the special procedure set out in
article 164, Parliament may alter this Constitution.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 49
L.R.O. 1/2012
tion.
Attendance
of the
President in
the National
Assembly.

Regulation
of procedure,
etc.


Sessions of
Parliament.

Prorogation
and
dissolution of
Parliament.
67. (1) The President may at any time attend and
address the National Assembly.
(2) The President may send messages to the
National Assembly and any such message shall be read, at
the first convenient sitting of the Assembly after it is
received, by the Prime Minister or by any other Minister
designated by the President.
68. All other matters concerning Parliament
(including the procedure thereof) shall be regulated by the
provisions of articles 165 to 172 (inclusive).

SUMMONING, PROROGATION AND DISSOLUTION
69. (1) Each session of Parliament shall be held at
such place within Guyana and shall begin at such time
(not being later than six months from the end of the
preceding session if Parliament has been prorogued or
four months from the end of that session if Parliament has
been dissolved) as the President shall appoint by
proclamation.
(2) Subject to the provisions of the preceding
paragraph, the sittings of the National Assembly shall be
held at such time and place as the Assembly may, by its
rules of procedure or otherwise, determine.
70. (1) The President may at any time by
proclamation prorogue Parliament.
(2) The President may at any time by
proclamation dissolve Parliament.
(3) Parliament, unless sooner dissolved, shall
continue for five years from the date when the Assembly
LAWS OF GUYANA
50 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Local
Government.
[4 of 2001]
first meets after any dissolution and shall then stand
dissolved.
(4) During any time when the President
considers that Guyana is at war Parliament may from time
to time extend the period of five years specified in the
preceding paragraph by not more than twelve months at a
time:
Provided that the life of Parliament shall not be
extended under this paragraph by more than five years.
(5) If, after a dissolution and before the holding of
an election of members of the Assembly, pursuant to the
provisions of article 61, the President considers that owing
to the existence of a state of war or of a state of emergency
in Guyana or any part thereof, it is necessary to recall
Parliament, the President shall summon the Parliament
that has been dissolved to meet, but the election of
members of the Assembly shall proceed and the
Parliament that has been recalled shall, if not sooner
dissolved, again stand dissolved on the day before the day
on which the election is held.
CHAPTER VII
LOCAL DEMOCRACY
LOCAL DEMOCRATIC ORGANS
71. (1) Local Government is a vital aspect of
democracy and shall be organised so as to involve as
many people as possible in the task of managing and
developing the communities in which they live.
(2) For this purpose Parliament shall provide for
the institution of a country-wide system of local
government through the establishment of organs of local
democratic power as an integral part of the political
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 51
L.R.O. 1/2012
Local
Government
areas.
[4 of 2001]

Election of
members of
regional
councils.
organisation of the State.
72. (1) Parliament may provide for the division of
Guyana (save for any areas excluded by it) into ten
regions and into such sub-regions and other subdivisions
as it may deem fit for the purpose of organising local
democratic organs.
(2) In defining the boundaries of any areas into
which Guyana may be divided under paragraph (1)
account shall be taken of the population, the physical size,
the geographical characteristics, the economic resources
and the existing and planned infrastructure of each area,
as well as the possibilities of facilitating the most rational
management and use of such resources and infrastructure,
with a view to ensuring that the area is or has the
potential for becoming economically viable.
(3) Municipalities, neighbourhood democratic
councils and such other subdivisions shall be provided for
under paragraph (1), including village and community
councils, where there is the need for such councils and
where the people request their establishment, shall be
vital organs of local democratic power.
73. (1) Members of a regional democratic council
shall be elected by persons residing in the region and
registered as electors for the purpose of article 159:
Provided that Parliament may make provision for
any areas which do not form part of any region to be
represented on the regional democratic council of any
region near to which it is situate for such purposes as
Parliament may prescribe.
(2) Elections of members of regional democratic
councils shall be held and the councils shall be dissolved
at such times as, subject to paragraph (3), the President
LAWS OF GUYANA
52 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Lower tier of
local
government
to be
represented
at the tier
above.
[4 of 2001]
Duties of local
democratic
organs.
[4 of 2001]

Power to take
decisions.
may appoint by proclamation.
(3) The interval between any two successive
dissolutions of a regional democratic council shall not
exceed five years and four months:
Provided that, if at the expiration of that period the
duration of Parliament has been extended under article
70(4), that period shall not be deemed to come to an end
until the expiration of the period for which the duration of
Parliament has been extended.
73A. Each local democratic organ shall elect one of
its councillors to serve as a member of the local
democratic organ immediately above the first mentioned
local democratic organ and Parliament shall prescribe the
procedure for such election and such other matters as may
be necessary in connection therewith.
74. (1) It shall be the primary duty of local
democratic organs to ensure in accordance with law the
efficient management and development of their areas and
to provide leadership by example.
(2) Local democratic organs shall organise
popular co-operation in respect of the political, economic,
cultural and social life of their areas and shall co-operate
with the social organisations of the working people.
(3) It shall be the duty of local democratic
organs to maintain and protect public property, improve
working and living conditions, promote the social and
cultural life of the people, raise the level of civic
consciousness, preserve law and order, consolidate the
rule of law and safeguard the rights of citizens.
75. Parliament shall provide that local democratic
organs shall be autonomous and take decisions which are
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 53
L.R.O. 1/2012
[4 of 2001]
Power to raise
revenue.

Regional
development
programme
to be
integrated
into the
national
development
plans.
Parliament to
provide
criteria for
allocation
of resources
by local
democratic
organs.
[4 of 2001]
Local
government
elections.

Local
Government
Commission.
[4 of 2001]

binding upon their agencies and institutions, and upon
the communities and citizens of their areas.
76. Parliament may provide for regional democratic
councils to raise their own revenues and to dispose of
them for the benefit and welfare of their areas.
77. The development programme of each region
shall be integrated into the national development
plans, and the Government shall allocate funds to each
region to enable it to implement its development
programme.
77A. Parliament shall by law provide for the
formulation and implementation of objective criteria for
the purpose of the allocation of resources to, and the
garnering of resources by local democratic organs.
78. Parliament may make provision for the election
of members of local democratic organs (including the
commencement of balloting before the day appointed for
holding an election) and for all other matters relating to
their membership, powers, duties, functions and
responsibilities.
78A. Parliament shall establish a Local Government
Commission, the composition and rules of which
empower the commission to deal with as it deems fit, all
matters related to the regulation and staffing of local
government organs and with dispute resolution within
and between local government organs.

LAWS OF GUYANA
54 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
Representa-
tiveness and
accountabi-
lity of local
democratic
organs to the
electorate.
[4 of 2001]

Establishment
of office of
President.

Qualifications
for election.
[17 of 2000]
78B.The electoral system in respect of local
democratic organs below the regional democratic councils
shall provide for the involvement and representation of
individuals and voluntary groups in addition to political
parties and accountability to the electors.
79 - 81 [Articles 79 to 88 repealed by Act No. 14 of
2000.]
82- 88 [Chapter VIII- Articles 82- 88 repealed by Act 14 of
2000]
CHAPTER IX
THE PRESIDENT
89. There shall be a President of the Co-operative
Republic of Guyana, who shall be Head of State, the
supreme executive authority, and Commander-in-Chief of
the armed forces of the Republic.
90. (1) A person shall be qualified for election as
President and shall not be so qualified unless he or she –
(a) is a citizen of Guyana and is
Guyanese by birth or parentage as
defined in articles 43 and 44;
(b) is residing in Guyana on the
date of nomination for election and
was continuously residing therein
for a period of seven years
immediately before that date; and
(c) is otherwise qualified to be
elected as a member of the National
Assembly.
(2) A person elected as President after the year
2000 is eligible for re-election only once.
L.R.O. 1/2012
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 55
L.R.O. 1/2012

Election of
President.

Tenure of
office of
President.

Removal of
president on
grounds of
incapacity.

Removal of
President for
(3) A person who acceded to the Presidency
after the year 2000 and served therein on a single occasion
for not less than such period as may be determined by the
National Assembly is eligible for election as President
only once.
(4) In determining continuity of residence,
absence from Guyana to –
(a) seek medical help;
(b) study at a university or an institution
of higher learning for not more than
four years;
(c) work for the Government,
shall be disregarded.
91. The President shall be elected by the people in
the manner prescribed by article 177.
92. A person assuming the office of President in
accordance with the provisions of this Constitution shall,
unless his or her office sooner becomes vacant under
article 178, continue in office until the person elected to
the office of President at the next election held under
article 91 assumes office.
93. The President may be removed from office if
he or she becomes physically or mentally incapable of
discharging the functions of his or her office. The
procedure for removing him or her and for ensuring the
continued discharge of the functions of his or her office is
prescribed by article 179.
94. The President may be removed from office if
he or she commits any violation of this Constitution or
LAWS OF GUYANA
56 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
violation of
Constitution
or gross
misconduct.
Vacancy in
office of
President.
any gross misconduct. The procedure for removing him or
her is prescribed by article 180.
95.(1) During any period when the office of
President is vacant, the office shall be assumed by –
(a) the Prime Minister:
Provided that if the vacancy occurs
while the Prime Minister is absent
from Guyana or while he or she is
by reason of physical or mental
infirmity unable to perform the
functions of his or her office, the
functions of the office of President
shall, until the Prime Minister
returns or until he or she is again
able to perform the functions of his
or her office as the case may be, be
discharged by such other Minister,
being an elected member of the
National Assembly, as the Cabinet
shall elect; or
(b) if there is no Prime Minister, by such
Minister being an elected member of
the National Assembly, as the
Cabinet shall elect; or
(c) if there is no Prime Minister and no
Cabinet, by the Chancellor.
(2) Minister performing the functions of the
office of President by virtue of the proviso to paragraph
(1)(a) shall cease to perform those functions if he or she is
notified by the Prime Minister that the Prime Minister is
about to assume the office of President.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 57
L.R.O. 1/2012

Discharge of
functions of
President
during
absence,
illness, etc.
(3) An assumption of the office of President
under this article shall terminate, if it has not previously
terminated, when a person who has been elected to the
office in accordance with the provisions of article 177
assumes the office.
96. (1) Whenever the President is absent from
Guyana or considers it desirable so to do by reason of
illness or any other cause he or she may, by direction in
writing authorise any member of the Cabinet, being an
elected member of the National Assembly, to perform
such of the functions of the office of President as he or she
may specify and the person so authorised shall perform
those functions until his or her authority is revoked by the
President or until the functions are resumed by the
President.
(2) If the President is incapable by reason of
physical or mental infirmity of discharging the functions
of his or her office and the infirmity is of such a nature
that the President is unable to authorise another person
under this article to perform those functions -
(a) the Prime Minister; or
(b) during any period when there is no
Prime Minister or the Prime
Minister is absent from Guyana or
is, by reason of physical or mental
infirmity, unable to perform the
functions of his or her office, such
other Minister, being an elected
member of the National Assembly,
as the Cabinet shall elect; or
(c) if there is no Prime Minister and no
Cabinet, the Chancellor,

LAWS OF GUYANA
58 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Oath to be
taken by
President.

Remunera-
tion, etc., of
President.

Executive
authority of
Guyana.
shall perform the functions of the office of President:
Provided that any person performing the functions
of the office of President under this paragraph shall not
dissolve Parliament nor, save on the advice of the Cabinet,
revoke any appointment made by the President.
(3) Any person performing the functions of the
office of President by virtue of paragraph (2) shall cease to
perform those functions if he or she is notified by the
President that the President is about to resume those
functions.
97. (1) A person elected as President shall assume
the office of President upon being elected but shall, before
entering upon the duties of the office, take and subscribe
the oath of office, such oath being administered by the
Chancellor or such other Judge of the Supreme Court of
Judicature as may be designated by the Chancellor.
(2) The provisions of the foregoing paragraph
shall apply to any person assuming the office of President
or performing the functions thereof under article 95, 96 or
179, as the case may be, as they apply to a person elected
as President.
98. The remuneration and immunities of the
President shall be regulated by articles 181, 182 and 222.
CHAPTER X
THE EXECUTIVE
99. (1) The executive authority of Guyana shall be
vested in the President and, subject to the provisions of
this Constitution, may be exercised by him or her either
directly or through officers subordinate to him or her.
(2) Nothing in this article shall prevent
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 59
L.R.O. 1/2012
Establish-
ment of Office
of Prime
Minister and
other
Ministerial
offices.

The Prime
Minister.
[17 of 2000]

Vice-
Presidents.

Ministers.
[17 of 2000]
Parliament from conferring functions on persons or
authorities other than the President.
100. Subject to the provisions of article 185, there
shall be an office of Prime Minister and such offices of
Vice-President and other offices of Minister of the
Government of Guyana as may be established by
Parliament or, subject to the provisions of any Act of
Parliament, by the President.

101.(1) The President shall appoint an elected
member of the National Assembly to be Prime Minister of
Guyana:
Provided that a person who is not eligible to be
elected as President shall not be eligible for appointment
as Prime Minister.
(2) The Prime Minister shall be the principal
assistant of the President in the discharge of his or her
executive functions and leader of Government business in
the National Assembly.
102. (1) The President may appoint Vice-Presidents
for the purpose of assisting him or her in the discharge of
his or her functions.
(2) If he or she is not otherwise the holder of an
office of Vice-President, the person holding the office of
Prime Minister shall, by virtue of holding that office, be a
Vice-President, and he or she shall have precedence over
any other Vice-President.
103. (1) The Prime Minister and every other Vice-
President shall be a Minister of the Government of
Guyana.

LAWS OF GUYANA
60 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Ministerial
appointments
during
dissolution.
[14 of 2000]

Non-elected
Ministers to
sit in
Assembly.

The Cabinet.
[17 of 2000]
(2) Subject to the provisions of article 101(1),
Vice-Presidents and other Ministers shall be appointed by
the President from among persons who are elected
members of the National Assembly or subject to
subparagraph (vii) of paragraph (3)(a) of article 160 are
qualified to be elected as such members.
(3) Not more than four Ministers and two
Parliamentary Secretaries shall be appointed by the
President from among persons who are qualified to be
elected as members of the National Assembly.
104. Articles 101(1) and 103(2) shall have effect in
relation to any period between a dissolution of Parliament
and the day on which the next election of members of the
Assembly is held pursuant to the provisions of article 61,
as if Parliament had not been dissolved.
105. A Minister who was not an elected member of
the Assembly at the time of his or her appointment shall
(unless he or she becomes such a member) be a member of
the Assembly by virtue of holding the office of Minister
but shall not vote in the Assembly.
106. (1) There shall be a Cabinet for Guyana, which
shall consist of the President, the Prime Minister, the Vice-
Presidents, and such other Ministers as may be appointed
to it by the President.
(2) The Cabinet shall aid and advise the
President in the general direction and control of the
Government of Guyana and shall be collectively
responsible therefor to Parliament.
(3) Cabinet Meetings shall be presided over by

(a) the President;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 61
L.R.O. 1/2012

Allocation of
portfolios.
[17 of 2000]
(b) in the absence of the President, the
Prime Minister; or
(c) in the absence of the President and
the Prime Minister, such Minister as
the President may designate.
(4) The Cabinet may act notwithstanding any
vacancy in its membership or the absence of any member
thereof.
(5) At the invitation of the President or of any
person presiding at a meeting of the Cabinet, a Minister
who is not a member of the Cabinet may attend that
meeting and participate fully in the proceedings as if he or
she were a member.
(6) The Cabinet including the President shall
resign if the Government is defeated by the vote of a
majority of all the elected members of the National
Assembly on a vote of confidence.
(7) Notwithstanding its defeat, the Government
shall remain in office and shall hold an election within
three months, or such longer period as the National
Assembly shall by resolution supported by not less than
two-thirds of the votes of all the elected members of the
National Assembly determine, and shall resign after the
President takes the oath of office following the election.
107. The President may assign to any Minister
responsibility for any business of the Government of
Guyana, including the administration of any department
of Government, and shall be charged with all
responsibility not assigned to any Minister; in respect of
responsibility so charged, the President shall appoint a
Minister or Parliamentary Secretary to be answerable to
LAWS OF GUYANA
62 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Tenure of
office of
Ministers.
Minister’s
absence or
illness.

Leader of the
Opposition.
[2 of 2000]

Exercise of
President’s
powers.
the National Assembly therefor on his or her behalf:
Provided that authority to exercise any power or
discharge any duty that is conferred or imposed by any
other provision of this Constitution or by any other law on
any person or authority shall not be conferred under this
article.
108. The office of a Minister shall become vacant in
the circumstances set out in article 183.
109. Whenever any Minister is absent from Guyana
or is unable by reason of illness to perform his or her
functions as Minister, the President may authorise some
other Minister to perform those functions and that
Minister may perform those functions until they are
resumed by the first mentioned Minister or are assigned
to another Minister pursuant to the provisions of article
107.
110. (1) There shall be an office of Leader of the
Opposition, election to which office shall be in accordance
with article 184.
(2) Qualifications for election to the office of
Leader of the Opposition and other matters connected
therewith are regulated by article 184.
111. (1) In the exercise of his or her functions under
this Constitution or any other law, the President shall act
in accordance with his or her own deliberate judgment
except in cases where, by this Constitution or by any other
law, he or she is required to act in accordance with the
advice or on the recommendation of any person or
authority.
(2) Where by this Constitution the President is
directed to exercise any function on the advice or
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 63
L.R.O. 1/2012

Attorney
General.

Parliamentary
Secretary.

Oaths of
Ministers,
etc.

Permanent
Secretaries.
recommendation of any person or authority, he or she
may, in accordance with his or her own deliberate
judgment, once refer any such advice or recommendation
back for reconsideration by the person or authority
concerned, and if that person or authority, having
reconsidered the original advice or recommendation,
substitutes therefor a different advice or recommendation,
as the case may be, the President shall act in accordance
therewith; but save as aforesaid he or she shall act in
accordance with the original advice or recommendation.
112. (1) There shall be an Attorney General of
Guyana who shall be the principal legal adviser to the
Government of Guyana and who shall be appointed by
the President.
(2) Qualifications for appointment to the office
of Attorney General and other matters connected
therewith are regulated by article 185.
113. (1) The President may appoint Parliamentary
Secretaries to assist himself or herself or Ministers in the
discharge of their functions.
(2) Qualifications for appointment to the office
of Parliamentary Secretary and other matters connected
therewith are regulated by article 186.
114. Every Minister and Parliamentary Secretary
shall, before entering upon the duties of his or her office,
make and subscribe the oath of office.
115. Where the President or any Minister has been
charged with responsibility for any department of
Government, he or she shall exercise general direction
and control over that department and, subject to such
direction and control, the department shall be under the
supervision of a permanent secretary, whose office shall
LAWS OF GUYANA
64 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Director of
Public
Prosecution.

Secretary to
the Cabinet.


Sub-commit-
tees of
Cabinet.
[6 of 2001]

be a public office:
Provided that two or more government
departments may be placed under the supervision of one
permanent secretary.
116. (1) There shall be a Director of Public
Prosecutions whose office shall be a public office.
(2) The functions of the Director of Public
Prosecutions are set out in article 187.
117. (1) There shall be a Secretary to the Cabinet
whose office shall be a public office.
(2) The Secretary to the Cabinet, who shall
have charge of the Cabinet office, shall be responsible in
accordance with such instructions as may be given him or
her or her by the President, for arranging the business for,
and keeping the minutes of, the Cabinet and for
conveying the decisions of the Cabinet to the appropriate
person or authority and shall have such other functions as
the President may direct.
118. (1) Cabinet may establish sub-committees of
itself for the purpose of attending to any of its
responsibilities.
(2) Cabinet may in particular establish a finance
sub-committee of itself to be assisted by experts and
advisers, and charge it with responsibility for supervising
the financial affairs of the State and for instituting,
monitoring and enforcing systems of financial control and
discipline throughout the service of both central and local
government, including the service of corporations, boards
and agencies established by the Government.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 65
L.R.O. 1/2012
Standing
Committees.

Parliamentary
Standing
Committee
for
Constitutional
Reform.
[8 of 2001]
Parliamentary
Sectoral
Committees.
[8 of 2001]

Standing
committee to
address
matters
relating to
appointment
119. Subject to any provision made by Parliament,
the President may appoint standing committees consisting
of such persons as he or she may deem fit for the purpose
of reviewing or examining any aspect of national life and
making recommendations or otherwise reporting thereon
to the Government or to Parliament.
119A.(1)The National Assembly shall establish a
Parliamentary Standing Committee for Constitutional
Reform for the purpose of continually reviewing the
effectiveness of the working of the Constitution and
making periodic reports thereon to the Assembly, with
proposals for reform as necessary.
(2) To assist it in its work, the Committee shall
have the power to co-opt experts or enlist the aid of other
persons of appropriate expertise, whether or not such
experts or other persons are members of the Assembly.
119B.(1) There shall be parliamentary sectoral
committees established by the National Assembly with
responsibility for the scrutiny of all areas of Government
policy and administration including –
(i) natural resources;
(ii) economic services;
(iii) foreign relations;
(iv) social services.

(2) The Chairperson and Deputy Chairperson of
each parliamentary sectoral committee shall be elected
from the opposite sides of the National Assembly.
119C. There shall be a standing committee of the
National Assembly which shall have responsibility for
initiating or otherwise taking such action or addressing
such matters as may be entrusted to the Committee by the
National Assembly in respect of functions required to be
LAWS OF GUYANA
66 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
of members
of
Commissions
established
under the
Constitution.
[8 of 2001]
Parliamentary
Oversight
Committee on
the Security
Sector.
[5 of 2009]

Constitution
of offices.
[17 of 2000]
Prerogative
of
Mercy.
Ombudsman.
discharged by the Assembly under the Constitution in
relation to the appointment of a member of a Commission
established under the Constitution.

119D. (1) There shall be a standing Committee of the
National Assembly to be named the Parliamentary
Oversight Committee on the Security Sector and it shall
have responsibility for examining the policies and
administration of the entities in the security sector,
namely, the Disciplined Forces of Guyana.
(2) To assist in its work, the Committee shall
have the power to co-opt experts or enlist the aid of other
persons of appropriate expertise, whether or not such
experts or persons are members of the National Assembly.
120. Subject to the provisions of this Constitution
and of any other law, the President may constitute offices
for Guyana, make and terminate appointments to such
offices, save that where the constitution of, and making of
appointments to, such offices involve expenditure
chargeable to the Consolidated Fund, such expenditure
shall be subject to the approval of the National Assembly.
121. The Prerogative of Mercy shall vest in the
President and shall be exercised by him or her in
accordance with the provisions of articles 188, 189 and
190.
122. (1) There shall be an Ombudsman for Guyana.
(2) All matters relating to the appointment and
functions of the Ombudsman and other matters connected
therewith are regulated by articles 191 to 196 (inclusive).

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 67
L.R.O. 1/2012

Independent
Judiciary.
[6 of 2001]

Establishment
of Supreme
Court of
Judicature.
[6 of 2001]
CHAPTER XI
THE JUDICATURE
THE SUPREME COURT OF JUDICATURE
122A. (1) All courts and all persons presiding over
the courts shall exercise their functions independently of
the control and direction of any other person or authority;
and shall be free and independent from political,
executive and any other form of direction and control.
(2) Subject to the provisions of articles 199 and
201, all courts shall be administratively autonomous and
shall be funded by a direct charge upon the Consolidated
Fund; and such courts shall operate in accordance with
the principles of sound financial and administrative
management.
123. (1) There shall be for Guyana a Supreme Court
of Judicature consisting of a Court of Appeal and a High
Court, with such jurisdiction and powers as are conferred
on those Courts respectively by this Constitution or any
other law.
(2) Each of those Courts shall be a superior
court of record and, save as otherwise provided by
Parliament, shall have all the powers of such a court.
(3) Parliament may confer on any court any part
of the jurisdiction of and any powers conferred on the
High Court by this Constitution or any other law.
(4) Parliament may make such provision as it
deems fit authorising any court established or to be
established, as the final court of appeal for the Caribbean
to be the final court of appeal for Guyana.
(5) Where a court referred to in paragraph (4) is
LAWS OF GUYANA
68 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Constitution
of Court of
Appeal.

Constitution
of
High Court.
Interpretation.
[6 of 2001]

Appointment
of
Chancellor
and Chief
Justice.
[6 of 2001]
established and becomes the final Court of Appeal for
Guyana, such court shall remain the final Court of Appeal
for Guyana, unless Parliament, by a vote of no less than
two-thirds of all the elected members of the Assembly,
makes provision for Guyana to withdraw from such court.
124. The Judges of the Court of Appeal shall be the
Chancellor, who shall be the President of the Court of
Appeal, the Chief Justice and such number of Justices of
Appeal as may be prescribed by Parliament.
125. The Judges of the High Court shall be the Chief
Justice and such number of Puisne Judges as may be
prescribed by Parliament.
JUDGES OF THE SUPREME COURT OF JUDICATURE
126. Except as otherwise expressly provided or required by the context, in this Constitution the word
‚Judge‛ includes the Chancellor, the Chief Justice, a
Justice of Appeal, a Puisne Judge and a part-time Judge.
127. (1) The Chancellor and the Chief Justice shall
each be appointed by the President, acting after obtaining
the agreement of the Leader of the Opposition
(2) If the office of Chancellor or Chief Justice is
vacant or if the person holding the office of Chancellor is
performing the functions of the office of President or is for
any other reason unable to perform the functions of his or
her office, or if the person holding the office of Chief
Justice is for any reason unable to perform the functions of
his or her office, then, until a person has been appointed
to and has assumed the functions of such office or until
the person holding such office has resumed those
functions, as the case may be, those functions shall be
performed by such other of the Judges as shall be
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 69
L.R.O. 1/2012

Appointment
of Justices of
Appeal and
Puisne Judges.
[6 of 2001]

appointed by the President after meaningful consultation
with the Leader of the Opposition.
128. (1) The Judges, other than the Chancellor and
the Chief Justice, shall be appointed by the President who
shall act in accordance with the advice of the Judicial
Service Commission.
(2) If –
(a) the office of any Judge is vacant;
(b) any such Judge is for any reason
unable to perform the functions of
his or her office;
(c) any such Judge is acting as
Chancellor or Chief Justice or a
Puisne Judge is acting as a Justice of
Appeal; or
(d) the Chancellor advises the President
that the state of business of the
Court of Appeal or the High Court
so requires,
the President shall act in accordance with the advice of the
Judicial Service Commission and appoint a person to act in
the office of Justice of Appeal or Puisne Judge, as the case
may require.
(3) The appointment of any person under the
preceding paragraph to act in the office of a Justice of
Appeal or Puisne Judge shall continue to have effect until
it is revoked by the President, acting in accordance with
the advice of the Judicial Service Commission.

LAWS OF GUYANA
70 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Appointment
of part-time
Judges.
[6 of 2001]

Qualifications
of Judges.
Attendance
of additional
Judge in
Court of
Appeal and
High Court.
128A. (1) Part-time Judges may be appointed by the
President, who shall act in accordance with the advice of
the Judicial Service Commission.
(2) Parliament may by law determine the terms
and conditions of appointment of part-time Judges.
129. (1) A person shall not be qualified to be
appointed to hold or to act in the office of a Judge unless –
(a) he or she is or has been a judge of a
court having unlimited jurisdiction
in civil and criminal matters in some
part of the Commonwealth or a
court having jurisdiction in appeals
from any such court; or
(b) he or she is qualified for admission
as an attorney-at-law in Guyana and
has been so qualified for such period
as may be prescribed by Parliament.
(2) Parliament may prescribe different periods
under subparagraph (b) of the preceding paragraph in
relation to the offices of the different judges mentioned in
article 126.
130.(1) Parliament may make provision for the
exercise of –
(a) the jurisdiction and powers of a
Justice of Appeal by such Puisne
Judge as may be requested by the
Chancellor to sit as an additional
Justice of Appeal at sittings of the
Court of Appeal; and
(b) the jurisdiction and powers of a
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 71
L.R.O. 1/2012

Tenure of
office of
Judges.
Oaths of
Judges.

Appeals on
constitutional
questions and
fundamental
rights.
Puisne Judge by such Justice of
Appeal as may be requested by the
Chancellor to sit as an additional
Puisne Judge.
(2) Article 132 shall not apply to a Justice of
Appeal or a Puisne Judge in the carrying out by him or
her of any function pursuant to paragraph (1).
131. Judges shall have full security of office as
provided for in article 197.
132. A Judge shall not enter upon the duties of his
or her office unless he or she has taken and subscribed the
oath of office.

APPEALS
133. (1) An appeal to the Court of Appeal shall lie as
of right from decisions of the High Court in the following
cases, that is to say –
(a) final decisions in any civil or criminal
proceedings on questions as to the
interpretation of this Constitution;
and
(b) final decisions given in exercise of
the jurisdiction conferred on the
High Court by article 153 (which
relates to the enforcement of
fundamental rights and freedoms).
(2) Nothing in paragraph (1) shall apply to the
matters for which provision is made by article 163.

LAWS OF GUYANA
72 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

The Judicial
Service
Commission.

The Public
Service
Commission.

The Teaching
Service
Commission.

The Police
Service
Commission.

CHAPTER XII
THE SERVICE COMMISSIONS
134. (1) There shall be a Judicial Service Commission
for Guyana.
(2) The composition and functions of the
Judicial Service Commission are set out in articles 198 and
199.
135. (1) There shall be a Public Service Commission
for Guyana.
(2) The composition and functions of the Public
Service Commission are set out in articles 200 to 205
(inclusive).
136. (1) There shall be a Teaching Service
Commission for Guyana.
(2) The composition and functions of the
Teaching Service Commission are set out in articles 207,
208 and 209.
137. (1) There shall be a Police Service Commission
for Guyana.
(2) The composition and functions of the Police
Service Commission are set out in articles 210, 211 and
212.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 73
L.R.O. 1/2012

Protection of
right to life.
[10 of 2003]
PART 2
SPECIFIC RULES
TITLE 1
PROTECTION OF FUNDAMENTAL RIGHTS AND
FREEDOMS OF THE INDIVIDUAL
138. (1) No person shall be deprived of his or her life
intentionally save in execution of the sentence of a court in
respect of an offence under the laws of Guyana of which
he or she has been convicted.
(1A) No person who was under the age of
eighteen years at the time when he or she committed an
offence, for which that person has pleaded or was found
guilty, shall be subject to capital punishment for the
commission of that offence.
(2) Without prejudice to any liability for a
contravention of any other law with respect to the use of
force in such cases as are hereinafter mentioned, a person
shall not be regarded as having been deprived of his or
her life in contravention of this article if he or she dies as
the result of the use of force to such extent as is reasonably
justifiable in the circumstances of the case –
(a) for the defence of any person from
violence or for the defence of
property;
(b) in order to effect a lawful arrest or to
prevent the escape of a person
lawfully detained;
(c) for the purpose of suppressing a
riot, insurrection or mutiny; or
(d) in order to prevent the commission
LAWS OF GUYANA
74 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Protection of
right to
personal
liberty.
[10 of 2003]
by that person of a criminal offence,
or if he or she dies as the result of a lawful act of war.
139. (1) No person shall be deprived of his or her
personal liberty save as may be authorised by law in any
of the following cases, that is to say –
(a) in execution of the sentence or
order of a court, whether established
for Guyana or some other country,
in respect of a criminal offence of
which he or she has been convicted;
(b) in execution of an order of the High
Court or the Court of Appeal or
such other court as may be
prescribed by Parliament punishing
him or her for contempt of any such
court or of another court or tribunal;
(c) in execution of the order of a court
made to secure the fulfilment of an
obligation imposed on him or her by
law;
(d) for the purpose of bringing him or
her before a court in execution of
the order of a court;
(e) upon reasonable suspicion of his
or her having committed, or being
about to commit, a criminal offence
under the law of Guyana;
(f) in the case of a person who has not
attained the age of eighteen years,
under the order of a court or with
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 75
L.R.O. 1/2012
the consent of his or her parent or
guardian, for the purpose of his or
her education or welfare;
(g) for the purpose of preventing the
spread of an infectious or
contagious disease;
(h) in the case of a person who is, or is
reasonably suspected to be, of
unsound mind, addicted to drugs or
alcohol, or a vagrant, for the
purpose of his or her care or
treatment or the protection of the
community;
(i) for the purpose of preventing the
unlawful entry of that person into
Guyana, or for the purpose of
effecting the expulsion, extradition
or other lawful removal of that
person from Guyana or for the
purpose of restricting that person
while he or she is being conveyed
through Guyana in the course of his
or her extradition or removal as a
convicted prisoner from one country
to another;
(j) to such extent as may be necessary
in the execution of a lawful order
requiring that person to remain
within a specified area within
Guyana or prohibiting him or her
from being within such an area, or
to such extent as may be reasonably
justifiable for the taking of
proceedings against that person
LAWS OF GUYANA
76 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
with a view to the making of any
such order or relating to such an
order after it has been made or to
such extent as may be reasonably
justifiable for restraining that person
during any visit that he or she is
permitted to make to any part of
Guyana in which, in consequence of
any such order, his or her presence
would otherwise be unlawful;
(k) subject to the provisions of the next
following paragraph, for the
purposes of his or her preventive
detention;
(l) for the purpose of his or her being
called up for national service.
(2) (a) No law providing for preventive
detention shall authorise the
detention of a person for a longer
period than three months unless a
tribunal established for the purposes
of this paragraph has reported
before the expiration of the said
period of three months that there
is, in its opinion, sufficient cause for
such detention.
(b) The references in subparagraph (a)
to a period of three months
include references to any lesser
periods that amount in the
aggregate to three months:
Provided that no two such lesser
periods shall be aggregated for this
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 77
L.R.O. 1/2012
purpose if the period between the
expiration of the first and the
commencement of the second is
more than one month.
(c) A person who has been detained by
virtue of the provisions of any law
providing for preventive detention
and who has been released from
detention in consequence of a report
of a tribunal established for the
purposes of this paragraph that
there is, in its opinion, insufficient
cause for his or her detention shall
not be again detained by virtue of
such provisions within the period of
six months from his or her release
on the same grounds as he or she
was originally detained.
(d) For the purposes of subparagraph
(c) a person shall be deemed to
have been detained on the same
grounds as he or she was originally
detained unless a tribunal
established as aforesaid has
reported that, in its opinion, there
appear, prima facie, to be new and
reasonable grounds for the
detention (but the giving of any
such report shall be without
prejudice to the provisions of
subparagraph (a) ).
(e) A tribunal established for the
purposes of this paragraph shall be
established by law and shall consist
of persons who are Judges of the
LAWS OF GUYANA
78 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Supreme Court of Judicature or who
are qualified to be appointed as
Puisne Judges of the High Court.
(3) Any person who is arrested or detained shall be
informed as soon as reasonably practicable, in a language
that he or she understands, of the reasons for his or her
arrest or detention and shall be permitted, at his or her own
expense, to retain and instruct without delay a legal adviser
of his or her own choice, being a person entitled to practise
in Guyana as an attorney-at-law, and to hold communication
with him or her.
(4) Any person who is arrested or detained –
(a) for the purpose of bringing him or
her before a court in execution of
the order of a court; or
(b) upon reasonable suspicion of his
or her having committed or being
about to commit a criminal offence,
and who is not released, shall be brought before a court
within seventy-two hours of arrest or detention, but the
police may apply to the High Court for extensions of time;
and if any person arrested or detained upon reasonable
suspicion of his or her having committed or being about
to commit a criminal offence is not tried within a
reasonable time, then, without prejudice to any further
proceedings which may be brought against him or her, he
or she shall be released either unconditionally or upon
reasonable conditions, including in particular such
conditions as are reasonably necessary to ensure that he or
she appears at a later date for trial or for proceedings
preliminary to trial.
(5) Any person who is unlawfully arrested or
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 79
L.R.O. 1/2012
Protection
from slavery
and forced
labour.
detained by any other person shall be entitled to
compensation therefor from that other person.
(6) Nothing in the provisions of paragraphs (3) and (4) shall apply to any person arrested or detained by
virtue of the provisions of any law providing for
preventive detention except in so far as the provisions of
the said paragraph (3) require that he or she shall be
permitted to retain and instruct a legal adviser and to hold
communication with him or her.
140. (1) No person shall be held in slavery or
servitude.
(2) No person shall be required to perform
forced labour.
(3) For the purposes of this article, the
expression ‚forced labour‛ does not include –
(a) any labour required in
consequence of the sentence or
order of a court;
(b) any labour required of any
person while he or she is lawfully
detained that, though not required
in consequence of the sentence or
order of a court, is reasonably
necessary in the interests of hygiene
or for the maintenance of the place
at which he or she is detained;
(c) any labour required of a member of
a disciplined force in pursuance of
his or her duties as such or, in the
case of a person who has
conscientious objections to service as
LAWS OF GUYANA
80 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Protection
from
inhuman
treatment.

Protection
from
deprivation of
property.
[9 of 1984
1 of 1988
23 of 1990
10 of 2003]
a member of a naval, military or air
force, any labour that person is
required by law to perform in place
of such service; or
(d) any labour required during any
period when Guyana is at war or in
the event of any hurricane,
earthquake, flood, fire or other like
calamity that threatens the life or
well-being of the community to the
extent that the requiring of such
labour is reasonably justifiable, in
the circumstances of any situation
arising or existing during that period
or as a result of that calamity, for the
purpose of dealing with that
situation.
141. (1) No person shall be subjected to torture or to
inhuman or degrading punishment or other treatment.
(2) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
in question authorises the infliction of any punishment or
the administration of any treatment that was lawful in
Guyana immediately before the commencement of this
Constitution.
142. (1) No property of any description shall be
compulsorily taken possession of, and no interest in or
right over property of any description shall be
compulsorily acquired, except by or under the authority
of a written law and where provision applying to that
taking of possession or acquisition is made by a written
law requiring the prompt payment of adequate
compensation.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 81
L.R.O. 1/2012
(2) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of the preceding paragraph –
(a) to the extent that the law in question
makes provision for the taking of
possession or acquisition of any
property –
(i) in satisfaction of any tax,
duty, rate, cess or other
impost;
(ii) by way of penalty for breach
of the law, whether under
civil process or after
conviction of a criminal
offence under the law of
Guyana;
(iii) as an incident of a lease,
tenancy, mortgage, charge,
bill of sale, pledge, contract,
grant, permission or licence;
(iv) in the execution of judgments
or orders of a court in
proceedings for the
determination of civil rights
or obligations;
(v) in circumstances where it is
reasonably necessary so to do
because the property is in a
dangerous state or injurious
to the health of human beings,
animals or plants;
(vi) in consequence of any law
with respect to the limitation
of actions;
(vii) for so long only as may be
necessary for the purposes of
LAWS OF GUYANA
82 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
any examination,
investigation, trial or inquiry
or, in the case of land, for the
purposes of the carrying out
thereon of work of soil
conservation or the
conservation of other natural
resources or work relating to
agricultural development or
improvement;
(viii) which is not beneficially
occupied or which, if it is
beneficially occupied, is not
so occupied by the holder of
the title to the land or by any
member of his or her family;
or
(ix) in consequence of any law
requiring an employer to
remunerate his or her
employee during any period
of compulsory national
service which the employee
has under taken; or
(b) to the extent that the law in
question makes provision for the
taking of possession or acquisition
of –
(i) property of the Amerindians
of Guyana for the purpose of
its care, protection and
management or any right,
title or interest held by any
person in or over any lands
situate in an Amerindian
District, Area or Village
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 83
L.R.O. 1/2012
established under the
Amerindian Act for the
purpose of effecting the
termination or transfer
thereof for the benefit of an
Amerindian community;
(ii) enemy property;
(iii) property of a deceased
person, a person of unsound
mind or a person who has not
attained the age of eighteen
years, for the purpose of its
administration for the benefit
of the persons entitled to the
beneficial interest therein;
(iv) property of a person
adjudged insolvent or a body
corporate in liquidation, for
the purpose of its
administration for the benefit
of the creditors of the
insolvent person or body
corporate and, subject thereto,
for the benefit of other
persons entitled to the
beneficial interest in the
property;
(v) property subject to a trust, for
the purpose of vesting the
property in persons
appointed as trustees under
the instrument creating the
trust or by a court or, by order
of a court, for the purpose of
giving effect to the trust; or
(vi) property to be used by the
State for the purpose of
providing, maintaining and
LAWS OF GUYANA
84 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
managing any place of
education, where the property
was being used as a place of
education at any time during
1976 and prior to the coming
into operation of the law in
question.
(3) Nothing in this article shall be construed as
affecting the making or operation of any law –
(i) so far as it provides for the
orderly marketing or
production or growth or
extraction of any agricultural
product or mineral or any
article or thing prepared for
market or manufactured
therefor or for the reasonable
restriction of the use of any
property in the interest of
safeguarding the interests
of others or the protection of
tenants, licensees or others
having rights in or over such
property;
(ii) so far as it provides for the
making of contributions
compulsorily by workers to
any industrial scheme or
workers’ organisation
intended to work or provide
for the benefit or welfare of
such workers or of their
fellow workers or of any
relatives and dependants of
any of them;
(iia) so far as it provides for the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 85
L.R.O. 1/2012
regulation of wages, that is,
any money or other thing had
or contracted to be paid,
delivered or given as
recompense, reward or
remuneration for any work,
labour or service done or to
be done, whether such
provision is made
prospectively or
retrospectively, including
retrospectively with effect
from a day earlier than the
day fixed for the coming into
operation of this Constitution;
or
(iii) for the compulsory taking of
possession in the public
interest of any property, or
the compulsory acquisition in
the public interest of any
interest in or right over
property, where that
property, interest or right is
held by a body corporate
established directly by law for
public purposes in which
moneys provided by
Parliament or by any
Legislature previously
established for the territory of
Guyana have been invested.
(4) In paragraph (3) (iia) –
(a) ‚regulation‛ includes fixation,
stabilisation, freezing or reduction;

LAWS OF GUYANA
86 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Protection
against
arbitrary
search or
entry.
(b) "wages" includes merit increment or
other increment in wages.
143. (1) Except with his or her own consent, no
person shall be subjected to the search of his or her person
or his or her property or the entry by others on his or her
premises.
(2) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
in question makes provision –
(a) that is reasonably required in the
interests of defence, public safety,
public order, public morality,
public health, town or country
planning, the development or
utilisation of mineral resources, or
the development or utilisation of
any other property in such manner
as to promote the public benefit;
(b) that is reasonably required for the
purpose of protecting the rights or
freedoms of other persons;
(c) that authorises an officer or agent of
the Government of Guyana, or of a
local democratic organ or of a body
corporate established directly by
law for public purposes to enter on
the premises of any person in order
to inspect those premises or
anything thereon for the purpose of
any tax, duty, rate, cess or other
impost or in order to carry out work
connected with any property that is
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 87
L.R.O. 1/2012

Provisions to
secure
protection of
law.
lawfully on those premises and that
belongs to that Government, local
democratic organ or body corporate,
as the case may be, or for the
purpose of obtaining or verifying
information required for compiling
national statistics or required for the
purposes of planning, management
and development of the national
economy; or
(d) that authorises, for the purpose of
enforcing the judgment or order of a
court in any proceedings, the entry
upon any premises by order of a
court.
144. (1) If any person is charged with a criminal
offence, then, unless the charge is withdrawn, the case
shall be afforded a fair hearing within a reasonable time
by an independent and impartial court established by law.
(2) It shall be the duty of a court to ascertain the
truth in every case provided that every person who is
charged with a criminal offence –
(a) shall be presumed to be innocent
until he or she is proved or has
pleaded guilty;
(b) shall be informed as soon as
reasonably practicable, in a language that he or she understands
and in detail, of the nature of the
offence charged;
(c) shall be given adequate time and
facilities for the preparation of his or
LAWS OF GUYANA
88 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
her defence;
(d) shall be permitted to defend himself
or herself before the court in person
or by a legal representative of his or
her own choice;
(e) shall be afforded facilities to
examine in person or by his or her
legal representative, the witnesses
called by the prosecution before the
court and to obtain the attendance
and carry out the examination of
witnesses to testify on his or her
behalf before the court on the same
conditions as those applying to
witnesses called by the prosecution;
and
(f) shall be permitted to have without
payment the assistance of an
interpreter if he or she cannot
understand the language used at the
trial of the charge,
and, except with his or her consent, the trial shall not
take place in his or her absence unless he or she so
conducts himself or herself as to render the continuance
of the proceedings in his or her presence impracticable and
the court has ordered him or her to be removed and the
trial to proceed in his or her absence or he or she fails
without reasonable excuse (the proof whereof shall lie on
him or her) to attend court.
(3) When a person is tried for any criminal
offence, the accused person or any person authorised by
him or her in that behalf shall, if he or she so requires and
subject to payment of such reasonable fee as may be
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 89
L.R.O. 1/2012
prescribed by law, be given within a reasonable time after
judgment a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the
court.
(4) No person shall be held to be guilty of a
criminal offence on account of any act or omission that did
not, at the time it took place, constitute such an offence,
and no penalty shall be imposed for any criminal offence
that is more severe in degree or nature than the most
severe penalty that might have been imposed for that
offence at the time when it was committed.
(5) No person who shows that he or she has
been tried by a competent court for a criminal offence and
either convicted or acquitted shall again be tried for that
offence or for any other criminal offence of which he or
she could have been convicted at the trial for that offence,
save upon the order of a superior court in the course of
appeal proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal
offence if he or she shows that he or she has been granted
a pardon for that offence.
(7) No person who is tried for a criminal offence
shall be compelled to give evidence at the trial.
(8) Any court or other tribunal prescribed by
law for the determination of the existence or extent of any
civil right or obligation shall be established by law and
shall be independent and impartial: and where
proceedings for such a determination are instituted by any
person before such a court or other tribunal, the case shall
be given a fair hearing within a reasonable time.
(9) Except with the agreement of all the parties
thereto, all proceedings of every court and proceedings for
LAWS OF GUYANA
90 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
the determination of the existence or extent of any civil
right or obligation before any other tribunal, including the
announcement of the decision of the court or other
tribunal, shall be held in public.
(10) Nothing in the preceding paragraph shall
prevent the court or other tribunal from excluding from
the proceedings persons other than the parties thereto and
their legal representatives to such extent as the court or
other tribunal –
(a) may by law be empowered so to do
and may consider necessary or
expedient in circumstances where
publicity would prejudice the
interests of justice or in
interlocutory proceedings or in the
interests of decency, public morality,
the welfare of persons under the
age of eighteen years or the
protection of the private lives of
persons concerned in the
proceedings; or
(b) may by law be empowered or
required so to do in the interests of
defence, public safety or public
order.
(11) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of –
(a) paragraph (2)(a) to the extent that the
law in question imposes upon any
person charged with a criminal
offence the burden of proving
particular facts;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 91
L.R.O. 1/2012

(b) paragraph(2)(e) to the extent that the
law in question imposes conditions
that must be satisfied if witnesses
called to testify on behalf of an
accused person are to be paid their
expenses out of public funds; or
(c) the paragraph (5) to the extent the
law in question authorises a court to
try a member of a disciplined force
for a criminal offence
notwithstanding any trial and
conviction or acquittal of that
member under the disciplinary law
of that force, so, however, that any
court so trying such a member and
convicting him or her shall, in
sentencing him or her to any
punishment, take into account any
punishment awarded him or her
under that disciplinary law.
(12) In the case of any person who is held in
lawful detention, the provisions of paragraph (1),
paragraph (2) (d) and (e) and paragraph (3) shall not
apply in relation to his or her trial for a criminal offence
under the law regulating the discipline of persons held in
such detention.
(13) Nothing contained in paragraph (2)(d) shall
be construed as entitling a person to legal representation
at public expense but, subject thereto, it shall be the duty
of the State to ensure every person charged with a
criminal offence is given a fair trial and accordingly to
make provisions for legal aid to be given in suitable cases.
(14) In this article "criminal offense" means a
criminal offense under the laws of Guyana.
LAWS OF GUYANA
92 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Protection of
freedom of
conscience.
145. (1) Except with his or her own consent, no
person shall be hindered in the enjoyment of his or her
freedom of conscience, and for the purposes of this article
the said freedom includes freedom of thought and of
religion, freedom to change his or her religion or belief,
and freedom, either alone or in community with others,
and both in public and in private, to manifest and
propagate his or her religion or belief in worship,
teaching, practice and observance.
(2) No religious community shall be prevented
from providing religious instruction for persons of that
community.
(3) Except with his or her own consent (or, if he
or she is a person who has not attained the age of eighteen
years, the consent of his or her legal guardian), no person
attending any place of education shall be required to
receive religious instruction or to take part in or attend
any religious ceremony or observance if that instruction,
ceremony or observance relates to a religion which is not
his or her own.
(4) No person shall be compelled to take any
oath which is contrary to his or her religion or belief or to
take any oath in a manner which is contrary to his or her
religion or belief.
(5) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
in question makes provision –
(a) which is reasonably required –
(i) in the interests of defence,
public safety, public order,
public morality or public
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 93
L.R.O. 1/2012

Protection of
freedom of
expression.
[6 of 2001]
health; or
(ii) for the purpose of protecting
the rights and freedoms of
other persons, including the
right to observe and practice
any religion without the
unsolicited intervention of
members of any other
religion; or
(b) with respect to standards or
qualifications to be required in
relation to places of education
including any instruction (not being
religious instruction) given at such
places.
(6) References in this article to a religion shall
be construed as including references to a religious
denomination, and cognate expressions shall be construed
accordingly.
146. (1) Except with his or her own consent, no
person shall be hindered in the enjoyment of his or her
freedom of expression, that is to say, freedom to hold
opinions without interference, freedom to receive ideas
and information without interference, freedom to
communicate ideas and information without interference
and freedom from interference with his or her
correspondence.
(2) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
in question makes provision –
(a) that is reasonably required in the
interests of defence, public safety,
LAWS OF GUYANA
94 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
public order, public morality or
public health;
(b) that is reasonably required for the
purpose of protecting the
reputations, rights, and freedoms of
other persons or the private lives of
persons concerned in legal
proceedings, preventing the
disclosure of information received in
confidence, maintaining the
authority and independence of the
courts, regulating the technical
administration or the technical
operation of telephony, telegraphy,
posts, wireless broadcasting or
television, or ensuring fairness and
balance in the dissemination of
information to the public; or
(c) that imposes restrictions upon
public officers or officers of any
corporate body established on
behalf of the public or owned by or
on behalf of the Government of
Guyana;
(d) that imposes restrictions upon any
person, institution, body, authority
or political party from taking any
action or advancing, disseminating
or supporting any idea, which may
result in racial or ethnic divisions
among the people of Guyana.
(3) Freedom of expression in this article does
not relate to hate speeches or other expressions, in
whatever form, capable of exciting hostility or ill-will
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 95
L.R.O. 1/2012

Protection of
freedom of
assembly,
association
and
demonstra-
tion.
[10 of 2003]
against any person or class of persons.
147. (1) Except with his or her own consent, no
person shall be hindered in the enjoyment of his or her
freedom of assembly, association and freedom to
demonstrate peacefully, that to say, his or her right to
assemble freely, to demonstrate peacefully and to
associate with other persons and in particular to form or
belong to political parties, trade unions or other
associations for the protection of his or her interests.
(2) Except with his or her own consent no
person shall be hindered in the enjoyment of his or her
freedom to strike.
(3) Neither an employer nor a trade union shall
be deprived of the right to enter into collective arguments.
(4) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
in question makes provision –
(a) that is reasonably required in the
interests of defence, public safety,
public order, public morality or
public health;
(b) that is reasonably required for the
purpose of protecting the rights or
freedoms of other persons;
(c) that imposes restrictions upon
public officers; or
(d) that imposes an obligation on
workers to become contributors to
any industrial scheme or workers’
LAWS OF GUYANA
96 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Protection of
freedom of
movement.
organisation intended to operate or
provide for the benefit or welfare of
such workers or of their fellow
workers or of any relative and of
any of them.
148. (1) No person shall be deprived of his or her
freedom of movement, that is to say, the right to move
freely throughout Guyana, the right to reside in any part
of Guyana, the right to enter Guyana, the right to leave
Guyana and immunity from expulsion from Guyana.
(2) Any restriction on a person’s freedom of
movement that is involved in his or her lawful detention
shall not be held to be inconsistent with or in
contravention of this article.
(3) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
in question makes provision –
(a) for the imposition of restrictions
on the movement or residence
within Guyana of any person or on
any person’s right to leave Guyana
that are reasonably required in the
interests of defence, public safety or
public order or for the purpose of
preventing the subversion of
democratic institutions in Guyana;
(b) for the imposition of restrictions on
the movement or residence within
Guyana or on the right to leave
Guyana of persons generally or any
class of persons that are reasonably
required in the interests of defence,
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 97
L.R.O. 1/2012
public safety, public order, public
morality or public health or for the
purpose of preventing the
subversion of democratic
institutions in Guyana;
(c) for the imposition of restrictions on
the acquisition or use of land or
other property in Guyana;
(d) for the imposition of restrictions, by
order of a court, on the movement
or residence within Guyana of any
person or on any person’s right to
leave Guyana either in consequence
of his or her having been found
guilty of a criminal offence under
the law of Guyana or for the
purpose of ensuring that he or she
appears before a court at a later date
for trial for such a criminal offence
or for proceedings preliminary to
trial or for proceedings relating to
his or her extradition or lawful
removal from Guyana;
(e) for the imposition of restrictions on
the freedom of movement of
persons who are not citizens of
Guyana;
(f) for the imposition of restrictions
upon the movement or residence
within Guyana or on the right to
leave Guyana of public officers;
(g) for the removal of persons from
Guyana –
LAWS OF GUYANA
98 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

(i) to be tried or punished in some
other country for a criminal
offence under the law of that
country; or
(ii) to undergo imprisonment in
some other country in
execution of the sentence of a
court in respect of a criminal
offence under the law of
Guyana of which he or she
has been convicted; or
(iii) to be detained in an
institution in some other
country for the purpose of
giving effect to the order of a
court made in pursuance of a
law of Guyana relating to the
treatment of offenders under
a specified age; or
(iv) to be detained for care or
treatment in a hospital or
other institution in pursuance
of a law of Guyana relating to
persons suffering from defect
or disease of the mind; or
(h) for the imposition of restrictions
on the right of any person to leave
Guyana that are reasonably required
in order to secure the fulfilment of
any obligations imposed on that
person by law.
(4) The provisions of article 151 shall apply in
relation to a person whose freedom of movement is
restricted by virtue of such a provision as is referred to in
paragraph (3) (a) as they apply in relation to a person
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 99
L.R.O. 1/2012

Protection
from
discrimina-
tion on the
grounds of
race, etc.
[10 of 2003]
whose freedom of movement is restricted by virtue of
such a provision as is referred to in article 150(2).
149. (1) Subject to the provisions of this article –
(a) no law shall make any provision
that is discriminatory either of itself
or in its effect; and
(b) no person shall be treated in a
discriminatory manner by any
person acting by virtue of any
written law or in the performance
of the functions of any public office
or any public authority.
(2) In this article the expression 'discriminatory'
means affording different treatment to different persons
attributable wholly or mainly to their or their parents' or
guardians' respective descriptions by race, place of origin,
political opinion, colour, creed, age, disability, marital
status, sex, gender, language, birth, social class,
pregnancy, religion, conscience, belief or culture whereby
persons of one such description are subjected to
disabilities or restrictions to which other persons of the
same or another such description are not made subject or
are accorded privileges or advantages which are not
afforded to other persons of the same or another such
description.
(3) Paragraph (1)(a) shall not apply to any law so
far as that law makes provision –
(a) with respect to persons who are not
citizens of Guyana;
(b) with respect to adoption, marriage,
divorce, burial, devolution of
LAWS OF GUYANA
100 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
property on death or other matters
of personal law; or
(c) whereby persons of any such
description as is mentioned in the
preceding paragraph may be
subjected to any disability or
restriction or may be accorded any
privilege or advantage which,
having regard to its nature and to
special circumstances pertaining to
those persons or to persons of any
other such description, is reasonably
justifiable.
(4) Nothing contained in any law shall be held to be inconsistent with or in contravention of paragraph
(1)(a) to the extent that it makes provision with respect to
standards or qualifications (not being standards or
qualifications specifically relating to a person’s or his or
her parents’ or guardians’ respective description by race,
place of origin, political opinions, colour, creed, age,
disability, marital status, sex, gender, language, birth,
social class, pregnancy, religion, conscience, belief or
culture) to be required of any person who is appointed to
any office in the public service, any office in a disciplined
force, or any office in the service of a local democratic
organ or of a body corporate established by any law for
public purposes.
(5) Paragraph (1)(b) shall not apply to anything
which is expressly or by necessary implication authorised
to be done by any such provision of law as is referred to in
either of the two preceding paragraphs.
(6) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of this article to the extent that the law
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 101
L.R.O. 1/2012
Right to work
[10 of 2003]
Right to
pension and
gratuity.
[10 of 2003]

Right to
participate
in question makes provision –
(a) whereby persons of any such
description as is mentioned in
paragraph (2) may be subjected to
any restriction on the rights and
freedoms guaranteed by articles 143,
145, 146, 147 and 148, being such a
restriction as is authorised by article
143 (2), article 145(5), article 146(2),
article 147(2) or article 148 (3), other
than subparagraph (c) thereof, as the
case may be;
(b) for the appropriation of revenue or
other funds of Guyana; or
(c) for the protection, well-being or
advancement of the Amerindians of
Guyana.
(7) Paragraph (1)(b) shall not affect any
discretion relating to the institution, conduct or
discontinuance of civil or criminal proceedings in any
court that is vested in any person by or under this
Constitution or any other law.
149A. No person shall be hindered in the enjoyment
of his or her right to work, that is to say, the right to free
choice of employment.
149B. Every public sector worker shall enjoy an
absolute and enforceable right to any pension or gratuity
granted to him or her under the provision of any law or
collective agreement of any kind whatsoever.
149C. No person shall be hindered in the enjoyment
of participating through co-operatives, trade unions, civic
LAWS OF GUYANA
102 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
in decision-
making
processes of the
State.
[10 of 2003]
Equality of
persons
before the law.
[10 of 2003]
Equality of
status
[10 of 2003]

Equality for
women.
[10 of 2003]
or socio-economic organisations of a national character, in
the management and decision-making processes of the
State.

149D.(1) The State shall not deny to any person
equality before the law or equal protection and benefit of
the law.
(2) The State shall, for the purpose of promoting
equality, take legislative and other measures designed to
protect disadvantaged persons and persons with
disabilities.
(3) Equality includes the full and equal
enjoyment of all rights and freedoms guaranteed by or
under this Constitution or any other law.
149E.(1) All persons, whether born in or out of
wedlock, and whether born prior to the enactment of this
article or not, are born equal, have equal status and are
entitled to equal rights.
(2) Nothing contained in paragraph (1) shall be
taken to affect vested rights.
149F. (1) Every woman is entitled to equal rights and
status with men in all spheres of political, economic and
social life. All forms of discrimination against women on
the basis of gender or sex are illegal.
(2) Every woman is entitled to equal access
with men to academic, vocational and professional
training, equal opportunities in employment,
remuneration and promotion and in social, political and
cultural activity.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 103
L.R.O. 1/2012
Indigenous
peoples'
right.
[10 of 2003]
Right to free
education.
[10 of 2003]

Right to
establish
private
schools.
[10 of 2003]
The environ-
ment.
[10 of 2003]
149G. Indigenous peoples shall have the right to the
protection, preservation and promulgation of their
languages, cultural heritage and way of life.
149H. (1) Every child is entitled to free primary and
secondary education in schools owned or funded by the
State.
(2) The right conferred in paragraph (1) does not
imply a right to free education at a specific school.
(3) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of paragraph (1) to the extent that the
law in question makes provision for standards or
qualifications, not being standards or qualifications which
are discriminatory within the meaning of article 149(2), to
be required for admission to a specific school.
149I. No person shall be hindered in the enjoyment of
the right to establish a private school which shall be under
regulation by the State.
149J. (1) Everyone has the right to an environment
that is not harmful to his or her health or well-being.
(2) The State shall protect the environment, for
the benefit of present and future generations, through
reasonable legislative and other measures designed to –
(a) prevent pollution and ecological
degradation;
(b) promote conservation; and
(c) secure sustainable development
and use of natural resources while
LAWS OF GUYANA
104 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Provisions
for time or
war or
emergency.
promoting justifiable economic and
social development.
(3) It shall not be an infringement of a person’s
rights under paragraph (1) if, by reason only of an allergic
condition or other peculiarity, the environment is harmful
to that person’s health or well-being.
150. (1)This article applies to any period when –
(a) Guyana is at war; or
(b) there is in force a proclamation (in
this article referred to as a
‚proclamation of emergency‛ made
by the President declaring that a
state of public emergency exists for
the purposes of this article; or
(c) there is in force a resolution of the
National Assembly, in favour of
which there were cast the votes of
not fewer than two-thirds of all the
elected members, declaring that
democratic institutions in Guyana
are threatened by subversion.
(2) Nothing contained in or done under the
authority of any law shall be held to be inconsistent with
or in contravention of article 139, 140(2) or 143, any
provision of article 144 other than paragraph (4) thereof,
or any provision of articles 145 to 149 (inclusive) to the
extent that the law in question makes in relation to any
period to which this article applies provision, or
authorises the doing during any such period of anything,
which is reasonably justifiable in the circumstances of any
situation arising or existing during that period for the
purpose of dealing with that situation.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 105
L.R.O. 1/2012
(3) (a) Where any proclamation of
emergency has been made, copies
thereof shall as soon as practicable
be laid before the National
Assembly, and if, by reason of its
adjournment or the prorogation of
Parliament, the Assembly is not due
to meet within five days the
President shall, by proclamation,
summon the Assembly to meet
within five days, and the Assembly
shall accordingly meet and sit upon
the day appointed by the
proclamation and shall continue to
sit and act as if it had stood
adjourned or Parliament had stood
prorogued to that day.
(b) A proclamation of emergency shall, unless it is sooner revoked by the
President, cease to be in force at the
expiration of a period of fourteen
days beginning on the date on
which it was made or such longer
period as may be provided under
the next following subparagraph,
but without prejudice to the making
of another proclamation of
emergency at or before the end of
that period.
(c) If at any time while a proclamation
of emergency is in force (including
any time while it is in force by
virtue of the provisions of this
subparagraph) a resolution is
passed by the Assembly approving
LAWS OF GUYANA
106 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Reference to
tribunal in
certain cases.
its continuance in force for a further period, not exceeding six months,
beginning on the date on which it
would otherwise expire, the
proclamation shall, if not sooner
revoked, continue in force for that
further period.
(4) A resolution such as is referred to in paragraph
(1)(c) shall, unless it is sooner revoked by a resolution of
the Assembly, cease to be in force at the expiration of two
years beginning on the date on which it was passed or
such shorter period as may be specified therein, but
without prejudice to the passing of another resolution by
the Assembly in the manner prescribed by that paragraph
at or before the end of that period.
151.(1) Where any person is lawfully detained by
virtue of such a provision as is referred to in article 150(2),
or the movement or residence within Guyana of any
person or any person’s right to leave Guyana is (otherwise
than by order of a court) lawfully restricted by virtue of
such a provision as aforesaid, his or her case shall be
reviewed by a tribunal established for the purposes of this
article not later than three months from the
commencement of the detention or restriction and
thereafter not later than six months from the date on
which his or her case was last reviewed as aforesaid.
(2) On any review by a tribunal in pursuance of
the preceding paragraph of the case of any person the
tribunal may make recommendations concerning the
necessity or expedience of continuing the detention or
restriction to the authority by whom it was ordered but,
unless it is otherwise provided by law, that authority shall
not be obliged to act in accordance with any such
recommendation.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 107
L.R.O. 1/2012
Saving of
existing laws
and disciplin-
ary laws.
(3) A tribunal established for the purpose of this
article shall be so established by law and constituted in
such manner as to secure its independence and
impartiality and presided over by a person appointed by
the Chancellor from among persons entitled to practise in
Guyana as attorneys-at-law.
152. (1)Except in proceedings commenced before the
expiration of a period of six months from the
commencement of this Constitution, with respect to a law
made under the Guyana Independence Order 1966 and
the Constitution annexed thereto, nothing contained in or
done under the authority of any written law shall be held
to be inconsistent with or in contravention of any
provision of articles 138 to 149 (inclusive) to the extent
that the law in question –
(a) is a law (in this article referred to as
‚an existing law‛) that had effect as
part of the law of Guyana
immediately before the
commencement of this Constitution,
and has continued to have effect as
part of the law of Guyana at all
times since that day;
(b) repeals and re-enacts an existing law
without alteration; or
(c) alters an existing law and does not
thereby render that law inconsistent
with any provision of the said
articles 138 to 149 in a manner in
which, or to an extent to which,
it was not previously so
inconsistent.
(2) In subparagraph (c) of the preceding
LAWS OF GUYANA
108 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Enforcement
of
protective
provisions
[6 of 2001]
paragraph the reference to altering an existing law
includes references to repealing it and re-enacting it with
modifications or making different provisions in lieu
thereof, and to modifying it; and in the preceding
paragraph ‚written law‛ includes any instrument having
the force of law and in this and the preceding paragraph
references to the repeal and re-enactment of an existing
law shall be construed accordingly.
(3) In relation to any person who is a member of
a disciplined force raised under a law in force in Guyana,
nothing contained in or done under the authority of the
disciplinary law of that force shall be held to be
inconsistent with or in contravention of any of the
provisions of this Title, other than articles 138, 140 and
141.
(4) In relation to any person who is a member of
a disciplined force raised otherwise than as aforesaid and
lawfully present in Guyana, nothing contained in or done
under the authority of the disciplinary law of that force
shall be held to be inconsistent with or in contravention of
any of the provisions of this Title.
153. (1) Subject to the provisions of paragraph (6), if
any person, including a person acting on behalf of another
who is not acting in his or her own name, or a person
acting on behalf of a group or an association acting on behalf of its members, alleges that any of the provisions of
articles 138 to 151 (inclusive) has been, is being, or is likely
to be contravened in relation to him or her (or in the case
of a person who is detained, if any other person alleges such a contravention in relation to the detained person) then, without prejudice to any other action with respect to the same matter which is lawfully available, that person or association (or that other person) may apply to the High Court for redress.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 109
L.R.O. 1/2012
(2) The High Court shall have original
jurisdiction–
(a) to hear and determine any
application made by any person in
pursuance of the preceding
paragraph;
(b) to determine any question arising in
the case of any person which is
referred to it in pursuance of the
next following paragraph,
and may make such orders, issue such writs and give such
directions as it may consider appropriate for the purpose
of enforcing or securing the enforcement of any of the provisions of article 138 to 151 (inclusive).
(3) If in any proceedings in any court
subordinate to the High Court any question arises as to
the contravention of any of the provisions of articles 138 to
151 (inclusive), the person presiding in that court shall
refer the question to the High Court unless, in his or her
opinion, the raising of the question is merely frivolous or
vexatious.
(4) Where any question is referred to the High
Court in pursuance of paragraph (3), the High Court shall
give its decision upon the question and the court in which
the question arose shall dispose of the case in accordance
with that decision or if that decision is the subject of an
appeal under this Constitution to the Court of Appeal, in
accordance with the decision of the Court of Appeal.
(5) Parliament may confer upon the High Court
such powers in addition to those conferred by this article
as may appear to Parliament to be necessary or desirable
LAWS OF GUYANA
110 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Interpretation.
for the purpose of enabling the High Court more
effectively to exercise the jurisdiction conferred upon it by
this article.
(6) Parliament may make provision with respect
to the practice and procedure –
(a) of the High Court in relation to the
jurisdiction and powers conferred
upon it by or under this article;
(b) of the High Court and the Court of
Appeal in relation to appeals to the
Court of Appeal from decisions of
the High Court in the exercise of
such jurisdiction;
(c) of subordinate courts in relation to
references to the High Court under
paragraph (3),
including provision with respect to the time within which
any application, reference or appeal shall or may be made
or brought; and, subject to any provision so made,
provision may be made with respect to the matters afore-
said by rules of court.
154. In this Title, unless the context otherwise
requires –
‚contravention,‛ in relation to any requirement, includes
a failure to comply with that requirement, and
cognate expressions shall be construed accordingly;
‚court‛ means any court of law having jurisdiction in
Guyana other than a court established by a
disciplinary law and, in articles 138 and 140, a court
established by a disciplinary law;

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 111
L.R.O. 1/2012

Human rights
of the
individual.
[10 of 2003]
Fourth
Schedule
‚disciplinary law‛ means a law regulating the discipline of
any disciplined force;
‚disciplinary force‛ means –

(a) any group of persons functioning
whether wholly or partially as a
naval, military, para-military or air
force;
(b) a police force;
(c) a prison service;
(d) a fire service;
‚legal representative‛, in relation to any court or other
tribunal means a person entitled to practise as an
attorney-at-law before such court or tribunal;
‚member‛, in relation to a disciplined force, includes any
person who, under the law regulating the discipline
of that force, is subject to that discipline; and
‚national service‛ means service in any disciplined force a
principal purpose of which is the training of people
with a view to advancing the economic
development of Guyana.
TITLE 1 A
PROTECTION OF HUMAN RIGHTS
154A.(1) Subject to paragraphs (3) and (6), every
person, as contemplated by the respective international
treaties set out in the Fourth Schedule to which Guyana has
acceded is entitled to the human rights enshrined in the said
international treaties, and such rights shall be respected and
LAWS OF GUYANA
112 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Fourth
Schedule.

Disqualifica-
tions for
upheld by the executive, legislature, judiciary and all organs
and agencies of Government and, where applicable to them,
by all natural and legal persons and shall be enforceable in
the manner hereinafter prescribed.
(2) The rights referred to in paragraph (1) do not
include any fundamental right under this Constitution.
(3) The State shall, having regard to the socio-
cultural level of development of the society, take
reasonable legislative and other measures within its
available resources to achieve the progressive realisation
of the rights provided for in paragraph (1).
(4) If any person alleges that any of the rights
referred to in paragraph (1), has been, is being or is about
to be contravened in relation to him or her, then, without
prejudice to any other action with respect to the same
matter which is lawfully available, that person may apply
to the Human Rights Commission in such manner as the
Commission may prescribe, for redress.
(5) Nothing contained in this article shall be
construed so as to abrogate any human right, not
enumerated herein, which a person had at the time of the
commencement of this Article.
(6) The State may divest itself or otherwise limit
the extent of its obligation under any of the treaties listed
in the Fourth Schedule, provided that two-thirds of the
elected members of the National Assembly have voted in
favour of such divestment or limitation.
TITLE 2
PARLIAMENT
155. (1) No person shall be qualified for election as a
member of the National Assembly who -
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 113
L.R.O. 1/2012
election as
members.
[14 of 2000]
(a) is, by virtue of his or her own act,
under any acknowledgment of
allegiance, obedience or adherence
to a foreign power or state;
(b) is a person certified to be insane or
otherwise adjudged to be of
unsound mind under any law in
force in Guyana.
(c) is under sentence of death
imposed on him or her by a court,
or is serving a sentence of
imprisonment (by whatever name
called) exceeding six months
imposed on him or her by a court or
substituted by competent authority
for some other sentence imposed on
him or her by a court, or is under
such a sentence of imprisonment the
execution of which has been
suspended; or
(d) holds or is acting in the office of any
Judge of the Supreme Court of
Judicature, a member of the Public
Service Appellate Tribunal, the
Elections Commission, the Judicial
Service Commission, the Public
Service Commission, the Teaching
Service Commission or the Police
Service Commission, the Director of
Public Prosecutions, the
Ombudsman or the Auditor
General.
[Paragraphs (2), (3), (4), and (5) repealed by Act
No. 14 of 2000]
LAWS OF GUYANA
114 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(6) Without prejudice to the provisions of
paragraph (1), Parliament may provide that a person shall
not be qualified for election as a member of the National
Assembly in any of the following cases, that is to say –
(a) if he or she holds or is acting in any
office that is specified by Parliament
and the functions of which involve
responsibility for, or in connection
with the conduct of an election or
the compilation or revision of any
register of electors for the purposes
of an election;
(b) subject to any exceptions and
limitations prescribed by
Parliament, if he or she has any such
interest in any such Government
contract, as may be so prescribed;
(c) subject as aforesaid, if –
(i) he or she holds or is acting in
or performing the functions of
any office or appointment
prescribed by Parliament
either individually or by
reference to a class of office or
appointment;
(ii) he or she belongs to any
armed force of Guyana or to
any class of persons that is
comprised in any such force;
or
(iii) he or she belongs to any
police force of Guyana or to
any class of persons that is
comprised in any such force;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 115
L.R.O. 1/2012
(d) if, during such period (not
exceeding five years) preceding the
election day as may be prescribed
by Parliament, he or she –
(i) has been convicted by a court
of an offence relating to
excitement of hostility or ill-
will against any person or
class of persons on the
grounds of his or her or their
race; or
(ii) has been convicted by a court
of any offence connected with
an election that is so
prescribed or has been
reported guilty of such an
offence by the High Court in
proceedings under article 163:
Provided that Parliament may
empower the court to exempt a
person from disqualification for
election on account of such a
conviction or report if the court
deems it just so to do.
(7) For the purposes of paragraph (1)(c) –
(a) two or more sentences of
imprisonment that are required to
be served consecutively shall be
regarded as separate sentences if
none of those sentences exceeds six
months, but if any one of those
sentences exceeds that term they
shall be regarded as one sentence;
LAWS OF GUYANA
116 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Tenure of
seats of
members of
the National
Assembly.
[14 of 2000
22 of 2007]
and
(b) no account shall be taken of a
sentence of imprisonment imposed
as an alternative to or in default of
the payment of a fine.
(8) In paragraph (6) (b) ‚Government contract‛
means any contract made with the Government of Guyana
or with a department of that Government or with an
officer of that Government contracting as such.
156. (1) A member of the National Assembly shall
vacate his or her seat therein –
(a) if he or she resigns it by writing
under his or her hand addressed to
the Speaker or, if the office of the
Speaker is vacant or the Speaker is
absent from Guyana, to the Deputy
Speaker:
Provided that, if the President
certifies that the member had
resigned for the purpose of giving
further service to the public, the
member, if otherwise qualified,
shall be eligible to be re-elected to
the Assembly in accordance with
any provision made under article
63;
(b) if he or she is absent from the
sittings of the Assembly for such
period, and in such circumstances,
as may be prescribed in the rules of
procedure of the Assembly;

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 117
L.R.O. 1/2012
(c) if he or she ceases to be a citizen of
Guyana;
(d) subject to the next following
paragraph, if any circumstances
arise that, if he or she were not a
member of the Assembly, would
cause him or her to be disqualified
for election as a member thereof by
virtue of the preceding article or of
any law enacted in pursuance
thereof;
(e) in the circumstances and to the
extent set out in article 178(4);
(f) in the case of a member who has
been elected pursuant to the
provisions of article 61 or article
160(2) whenever Parliament is
dissolved.
(g) [Subparagraphs (g) and (h) repealed
by Act No. 14 of 2000]
(2) (a) If circumstances such as are
referred to in subparagraph (d) of
the preceding paragraph arise in
relation to a member of the
Assembly by virtue of the fact that
he is adjudged to be of unsound
mind, sentenced to death or
imprisonment, or convicted or
reported guilty of an offence and if
it is open to the member to appeal
against the decision (either with the
leave of a court or other authority or
without such leave), he or she shall
LAWS OF GUYANA
118 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
forthwith cease to perform his or
her functions as a member of the
Assembly but, subject to the next
following subparagraph, he or she
shall not vacate his or her seat until
the expiration of a period of thirty
days thereafter:
Provided that the Speaker may, at
the request of the member, from
time to time extend that period for
further periods of thirty days to
enable the member to pursue appeal
against the decision, so however,
that extensions of time in the
aggregate one hundred and fifty
days shall not be given without the
approval of the Assembly signified
by resolution.
(b) If, on the determination of any
appeal, such circumstances continue
to exist and no further appeal is
open to the member of the
Assembly, or if, by reason of the
expiration of any period for entering
an appeal or notice thereof or the refusal of leave or for any other
reason, it ceases to be open to the
member to appeal, he or she shall
forthwith vacate his or her seat.
(c) If at any time before the member of
the Assembly vacates his or her seat
such circumstances as aforesaid
cease to exist, his or her seat shall
not become vacant by reason of
those circumstances and he or she
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 119
L.R.O. 1/2012
may resume the performance of his
or her functions as a member of the
Assembly.
(3) A member of the National Assembly elected
on a List shall cease to be a member of the Assembly, if –
(a) he or she declares in writing to the
Speaker or to the Representative of
the List from which his or her name
was extracted that he or she will not
support the List from which his or
her name was extracted;
(b) he or she declares in writing to the
Speaker or to the Representative of
the List from which his or her name
was extracted, his or her support
for another List;
(c) the Representative of the List from
which his or her name was extracted
indicates in writing to the Speaker
that after meaningful consultation
with the Party or Parties that make
up the List that the Party or Parties
have lost confidence in that member
and the Representative of the List
issues a written notice of recall to
that member and forwards a copy of
that notice to the Speaker.
(4) The Speaker shall declare the seat of a
member of the National Assembly vacant where –
(a) the Speaker receives a written
declaration of the member of the
National Assembly as provided for
LAWS OF GUYANA
120 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Speaker and
Deputy
Speaker.
[14 of 2000]
in paragraph 3(a) or (b);
(b) the Representative of the List issues a
notice of recall as provided for in
paragraph 3(c).
157. A person shall vacate the office of Speaker or
Deputy Speaker whenever the Assembly first meets after a
dissolution of Parliament and also –
(a) in the case of a Speaker elected from
among the members of the
Assembly or in the case of the
Deputy Speaker –
(i) if he or she ceases to be a
member of the Assembly for
any cause other than a
dissolution of Parliament:
Provided that where a
person, who holds the office
of Speaker, ceases to be a
member of the National
Assembly by virtue of the
holding of an election
referred to in article 156(1)(f),
he shall not by reason thereof
vacate the office of Speaker if
at such election he or she is
re-elected as a member of the
Assembly;

(ii) if, by virtue of paragraph
(2)(a) of the preceding article
he or she is required to cease
to perform his or her
functions as a member of the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 121
L.R.O. 1/2012


Clerk and
Deputy
Clerk.
Assembly; or
(iii) if he or she is appointed to be
a Minister or a Parliamentary
Secretary;

(b) in the case of a Speaker elected from
among persons who are not
members of the Assembly if he or
she ceases to be a citizen of Guyana
or if any circumstances arise that
would cause him or her to be
disqualified for election as a
member of the Assembly by virtue
of article 155 or of any law enacted
in pursuance thereof;
(c) if he or she announces the
resignation of his or her office to the
Assembly or if by writing under his
or her hand addressed, in the case of
the Speaker, to the Clerk of the
Assembly or in the case of the
Deputy Speaker, to the Speaker (or,
if the office of Speaker is vacant or
the Speaker is absent from Guyana,
to the Clerk) he or she resigns that
office; or
(d) in the case of the Deputy Speaker, if
he or she is elected to be Speaker.
158. (1) Subject to the provisions of the next
following paragraph the Clerk of the National Assembly
shall vacate his or her office when he or she attains the age
of sixty-five years or such later age as may, in any
particular be prescribed by the Commission appointed
under paragraph (4).

LAWS OF GUYANA
122 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(2) The Clerk shall be removed from office by
the President if, but shall not be so removed unless, the
National Assembly, by a resolution which has received
the affirmative votes of a majority of all the elected
members thereof, has resolved that he or she ought to be
so removed for inability to discharge the functions of his
or her office (whether arising from infirmity of body or
mind or any other cause) or for misbehaviour.
(3) The provisions of paragraphs (1) and (2)
shall apply to the Deputy Clerk as they apply to the Clerk.
(4) Subject to the provisions of article 222 the
terms of service (including salary and allowances) of the
Clerk and Deputy Clerk shall be determined from time to
time by a Commission consisting of the Speaker, as
Chairman, the Minister responsible for finance or a person
nominated by that Minister to represent him or her at any
meeting of the Commission and one other Minister
designated from time to time by the Prime Minister.
(5) A person who is a public officer may,
without ceasing to hold office in the public service, be
appointed in accordance with the provisions of this article
to the office of Clerk or Deputy Clerk but –
(a) no such appointment shall be made
without the concurrence of the
appropriate service authority;
(b) the provisions of paragraphs (1), (2)
and (3) shall in relation to an officer
so appointed, apply, subject to the
provisions of sub-paragraph (d) as
respects his or her service as Clerk
or Deputy Clerk but not as respects
his or her service as a public officer;

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 123
L.R.O. 1/2012

Qualifications
and
disqualifica-
tions for
electors.
[3 of 2001]
(c) an officer so appointed shall not,
during his or her continuance in the
office of Clerk or Deputy Clerk,
perform the functions of any public
office; and
(d) an officer so appointed may at
any time be appointed by the
appropriate service authority to
assume or resume the functions of a
public office and he or she shall
thereupon vacate his or her office as
Clerk or Deputy Clerk, but no
appointment under this
subparagraph shall be made
without the concurrence of the
Speaker.
(6) In the preceding paragraph ‚the appropriate
service authority‛ means the authority in which, under
the provisions of this Constitution, is vested the power to
make appointments to the public office held by the person
to be appointed as Clerk or Deputy Clerk or the functions
of which the Clerk or Deputy is to be appointed to assume
or resume, as the case maybe.
(7) The functions conferred by this article on the
Speaker shall, if there is no person holding the office of
Speaker or if the Speaker is absent from Guyana or is
otherwise unable to perform those functions, be
performed by the Deputy Speaker.
159. (1) No person shall vote at an election unless he or she is registered as an elector.
(2) Subject to the provisions of paragraphs (3)
and (4), a person shall be qualified to be registered as an
elector for elections if, and shall not be so qualified unless,
LAWS OF GUYANA
124 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
on the qualifying date, he or she is of the age of eighteen
years or upwards and either –
(a) is a citizen of Guyana; or
(b) is a Commonwealth citizen who
is not a citizen of Guyana and
who is domiciled and resident in
Guyana and has been so resident
for a period of one year
immediately preceding the
qualifying date; and
(c) satisfies such other qualifications
as may be prescribed by or under
any law.
(3) No person shall be qualified to be so
registered who on the qualifying date is a person certified
to be insane or otherwise adjudged to be of unsound
mind under any law in force in Guyana.
(4) No person shall be qualified to be so
registered if during such period (not exceeding five years)
preceding the qualifying date as may be prescribed by
Parliament, he or she has been convicted by a court of any
offence connected with elections that is so prescribed or
has been reported guilty of such an offence by the High
Court in proceedings under article 163:
Provided that Parliament may empower the court to
exempt a person from disqualification for registration on
account of such a conviction or report if the court deems it
just so to do.
(5) In this article ‚the qualifying date‛ means
such date as may be appointed by or under an Act of
Parliament as the date with reference to which a register
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 125
L.R.O. 1/2012

Electoral
System.
[14 of 2000]
of electors shall be compiled or revised
160. (1) Subject to the provisions of the next
following paragraph the system of proportional
representation referred to in article 60(2) for the election of
such number of members of the National Assembly as
shall be determined by the Assembly, shall be as follows –
(a) votes shall be cast throughout
Guyana in favour of lists of
candidates;
(b) each elector shall have one vote and
may cast it in favour of any of the
lists; and
(c) the seats of the said elected
members in the Assembly, as
determined under this paragraph,
shall be allocated between the lists
in such a manner that the
proportion that the number of such
seats allocated to each list bears to
the number of votes cast in favour of
that list is as nearly as may be the
same for each list, thus minimizing
the level of disproportionality
between the percentages of votes
earned by lists and the percentages
of seats allocated to lists in the cases
of individual geographical
constituencies, if they exist, and of
the Assembly taken as a whole.
(2) Parliament may make provision for the
division of Guyana into such number of geographical
constituencies, not being more than half the number of the
elected members of the Assembly as Parliament may
LAWS OF GUYANA
126 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
prescribe and for the election in each such constituency of
such number of members of the Assembly as Parliament
shall, subject to paragraph (4), prescribe; but, if Parliament
makes provisions as aforesaid, then –
(a) a person may stand as a candidate for
election in any such geographical
constituency only if, in such manner
as Parliament may prescribe, he or
she has declared that he or she
supports, or has otherwise identified
himself or herself with one and only
one of the lists related to that
geographical constituency, not with
a list in any other geographical
constituency; and not with any lists
of another party; and
(b) those of the said seats in the
Assembly as determined under
paragraph (1), for which members
are not elected in geographical
constituencies as aforesaid shall be
allocated between the contesting
parties in accordance with the
results of the voting throughout
Guyana in favour of the lists of the
contesting parties in such a manner
that the proportion that the number
of seats allocated to each party,
when added to the number of
members identified with that party’s
lists elected in the geographical
constituencies, bears to the number
of votes cast in favour of that party
is as nearly as may be the same for
each party, thus minimising the
level of disproportionality between
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 127
L.R.O. 1/2012
the percentages of votes earned by
parties and the percentages of seats
allocated to parties in the Assembly.
(3) Subject to the provisions of this Constitution,
Parliament may make provision –
(a) (i) for the registration of electors;
(ii) for the manner in which lists
of candidates shall be
prepared, including the
provision in a list of the
names of a sufficient number
of candidates to enable any
vacancies to be filled under
subparagraph (vii), and which
manner shall allow voters to
be sure which individuals
they are electing to the
National Assembly;
(iii) for the manner in which the
number of seats to be
allocated to each list shall be
calculated in order to give
effect to the provisions of
paragraph (1) or paragraph
(2), as the case may be;
(iv) for the combination of lists of
candidates for the purpose of
the allocation of seats (but not
for the purpose of voting);
(v) for the extraction from the
lists and declaration of names
of the candidates who have
been elected, and for such
provision for extraction to
take into account the
proportion that women form
LAWS OF GUYANA
128 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
of the electorate;
(vi) for the manner in which
elections of members of the
National Assembly shall be
held pursuant to the
provisions of paragraphs (1)
and (2);
(vii) for the filling of vacancies
among the seats of members
of the National Assembly
where such vacancies are
caused otherwise than by a
dissolution of Parliament;
(viii) generally for the conduct of
elections of members of the
National Assembly and for
giving effect to the provisions
of this Constitution relating
thereto;
(b) (i) for the criteria for the
participation of political
parties in the general election;
(ii) for the formulae to be used to
translate votes for a
contesting party into seats for
that party in the National
Assembly;
(iii) for the minimum number or
proportion of female
candidates on a party’s list
and in all party’s lists taken
together;
(iv) for the minimum number or
proportion of female
candidates on a party’s lists
for geographical
constituencies taken
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 129
L.R.O. 1/2012


Political
parties
prohibited
from causing
ethnic
division.
[14 of 2000]

Elections
Commission.
[2 of 2000]
individually or together;
(v) for the maximum percentage
or the number of geographical
constituencies a party can
contest in which its lists
contain no female candidate.
(4) The total number of seats in the National
Assembly that are derived from geographical
constituencies shall be such that the number of seats not
derived from geographical constituencies is sufficiently
large to correct any overall disproportionalities that might
arise from the allocations of seats to geographical
constituencies.
160A. (1) All persons, institutions and political
parties are prohibited from taking any action or
advancing, disseminating or communicating any idea
which may result in racial or ethnic division among the
people.
(2) For the purposes of paragraph (1),
Parliament shall by law make provision for offences and
penalties, including penalties preventing or disbarring
any person or political party from contesting any election
for membership or being a member, as the case may be, of
the local democratic organs or of the National Assembly.
161. (1) There shall be an Elections Commission for
Guyana consisting of a Chairman, who shall be a full-time
Chairman and shall not engage in any other form of
employment, and such other members as may be
appointed in accordance with the provisions of this article.
(2) Subject to the provisions of paragraph (4),
the Chairman of the Elections Commission shall be a
person who holds or who has held office as a judge of a
court having unlimited jurisdiction in civil and criminal
LAWS OF GUYANA
130 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
matters in some part of the Commonwealth or a court
having jurisdiction in appeals from any such court or who
is qualified to be appointed as any such judge, or any
other fit and proper person, to be appointed by the
President from a list of six persons, not unacceptable to
the President, submitted by the Leader of the Opposition
after meaningful consultation with the non-governmental
political parties represented in the National Assembly:
Provided that if the Leader of the Opposition fails to
submit a list as provided for, the President shall appoint a
person who holds or has held office as a judge of a court
having unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or a court having
jurisdiction in appeals from any such court or who is
qualified to be appointed as any such judge.
(3) In addition to the Chairman, there shall be
six members of the Commission who shall be appointed in
the following manner –
(a) three members to be appointed by
the President, acting in his or her
own deliberate judgment; and
(b) three members to be appointed by
the President acting in accordance
with the advice of the Leader of the
Opposition tendered after
meaningful consultation with non-
governmental political parties
represented in the National
Assembly.
(4) A person shall be disqualified for
appointment as the Chairman or other member of the
Commission if he or she is an alien.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 131
L.R.O. 1/2012
(5) The Chairman or any other member of the
Elections Commission shall vacate his or her office if any
circumstances arise that, if he or she were not a member of
the Commission, would cause him to be disqualified for
appointment as such.
(6) The provisions of article 225 (which relate to
removal from office) shall apply to the office of the
Chairman or other members of the Elections Commission
and for the purposes of paragraphs (4) and (6) of that
article, the prescribed authority shall be the Prime
Minister:
Provided that in the case of the members
referred to in paragraph (3)(b), the Prime Minister shall
meaningfully consult the Leader of the Opposition before
tendering any advice to the President under article 225 (4).
(7) If, by reason of his or her illness, absence
from Guyana, or suspension under article 225, the
Chairman or any other member of the Elections
Commission is unable to perform his or her functions as
such, a temporary Chairman or other member, as the case
may be, may be appointed in his or her place.
(8) The provisions of this article shall apply in
relation to the appointment of a temporary Chairman or
other member of the Elections Commission, and to a
temporary Chairman or other member appointed in
accordance with this article, as they apply in relation to
the Chairman or other member, as the case may be, of the
Elections Commission in whose place he or she is
appointed:
Provided that his or her appointment shall have
effect only for the period ending when the person in
whose place he or she has been appointed resumes his or
her functions as, or ceases to be, the Chairman or other
LAWS OF GUYANA
132 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Appointment
of staff of
Elections
Commission;
Secretariat of
the
Commission.
[2 of 2000]
member, as the case may be, of the Commission.
161A. (1) The Elections Commission shall be
responsible for the efficient functioning of the Secretariat
of the Commission, which shall comprise the officers and
employees of the Commission, and for the appointment of
all the staff to the offices thereof inclusive of all temporary
staff, recruited for the purposes of boundary demarcation,
registration of persons and elections and shall have the
power to remove and to exercise disciplinary control over
such staff.
(2) The Elections Commission may, by
directions in writing and subject to such conditions as it
thinks fit, delegate any of its powers under paragraph (1)
to any one or more members of the Commission, or by
such directions and subject to such conditions as it thinks
fit, delegate such powers to such officers of the
Commission as the Commission may determine.
(3) Before the Elections Commission or any
member thereof or other person exercising powers under
this article appoints to or to act in any office referred to in
paragraph (1) any person who holds or is acting in any
office, power to make appointments to which is vested
under this Constitution in the Judicial, the Teaching, the
Police or the Public Service Commission, the Elections
Commission or that member or other person shall first
seek and obtain the approval of the Commission in which
that power is vested.
(4) Where a public officer is appointed to an
office referred to in paragraph (1) he or she shall, subject
to the said paragraph (1), remain a public officer unless
the Commission determines that that office shall be
independent of any other Commission.
(5) Nothing in this article shall be construed as
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 133
L.R.O. 1/2012

Role of
political
parties in the
conduct of
elections
through the
Elections
Commission
[14 of 2000]
Functions of
the Elections
Commission.
[14 of 2000]
precluding the Elections Commission from appointing
any person who is not a public officer to an office referred
to in paragraph (1).
161B. It is hereby declared that the role of political
parties and their nominees in the conduct of elections by
the Elections Commission shall be limited to their
participation in determining policy, monitoring the
electoral process and the conduct of the election, but does
not include active management of the electoral process.
162. (1)The Elections Commission shall have such
functions connected with or relating to the registration of
electors or the conduct of elections as are conferred upon
it by or under this Constitution or, subject thereto, any Act
of Parliament; and, subject to the provisions or this
Constitution, the Commission –
(a) shall exercise general direction and
supervision over the registration of
electors and the administrative
conduct of all elections of
members of the National Assembly;
and
(b) shall issue such instructions and
take such action as appear to it
necessary or expedient to ensure
impartiality, fairness and
compliance with the provisions of
this Constitution or of any Act of
Parliament on the part of persons
exercising powers or performing
duties connected with or relating to
the matters aforesaid.
(2) Notwithstanding anything to the contrary in
LAWS OF GUYANA
134 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Determina-
tion of
questions as
to
membership
and elections.
[14 of 2000]
this Constitution, if the Elections Commission is satisfied
that the holding of an election pursuant to the provisions
of paragraph (2) of article 60 or article160(2) on the day
appointed therefor would be attended, either generally or
in a particular area, by danger or serious hardship it may,
after consultation with the Prime Minister and the Leader
of the Opposition, by notice published in the Gazette –
(a) postpone the holding of the election
to a day specified in the notice; or
(b) postpone the voting in any area
specified in the notice to a day so
specified.
163. (1) Subject to the provisions of this article, the
High Court shall have exclusive jurisdiction to determine
any question –
(a) regarding the qualification of any
person to be elected as a member
of the National Assembly;
(b) whether –
(i) either generally or in any
particular place, an election
has been lawfully conducted
or the result thereof has been,
or may have been, affected by
any unlawful act or omission;
(ii) the seats in the Assembly
have been lawfully allocated;
(iii) a seat in the Assembly has
become vacant; or
(iv) any member of the Assembly
is required under the
provisions of article 156(2)
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 135
L.R.O. 1/2012
and (3) to cease to exercise
any of his or her functions as
a member thereof;
(c) regarding the filling of a vacant
seat in the Assembly; or
(d) whether any person has been
validly elected as Speaker of the
Assembly from among persons who
are not members thereof or having
been so elected, has vacated the
office of Speaker.
(2) Proceedings for the determination of any
question referred to in the preceding paragraph may be
instituted by any person (including the Attorney General)
and, where such proceedings are instituted by a person
other than the Attorney General, the Attorney General if
he or she is not a party thereto may intervene and (if he or
she intervenes) may appear or be represented therein.
(3) An appeal shall lie to the Court of Appeal –
(a) from the decision of a Judge of the
High Court granting or refusing
leave to institute proceedings for
the determination of any question
referred to in paragraph (1);
(b) from the determination by the High
Court of any such question, or
against any order of the High Court
made in consequence of such
determination.
(4) Parliament may make provision with respect
to –
LAWS OF GUYANA
136 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(a) the circumstances and manner in
which and the conditions upon
which proceedings for the
determination of any question
under this article may be instituted
in the High Court and an appeal
may be brought to the Court of
Appeal in respect thereof;
(b) the consequences of the
determination of any question
under this article and the powers of
the High Court in relation to the
determination of any such question,
including (without prejudice to the
generality of the foregoing power)
provision empowering the High
Court to order the holding of a fresh
election throughout Guyana or a
fresh ballot in any part thereof or the
re-allocation of seats in whole or in
part; and
(c) the practice and procedure of the
High Court in relation to the
jurisdiction and powers conferred
upon it by or under this article and
of that Court and the Court of
Appeal in relation to appeals to the
Court of Appeal under this article,
and subject to any provision so made, provision may be
made with respect to the matters aforesaid by rules of
court.
(5) In this article reference to any person being
elected shall be read and construed as a reference to any
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 137
L.R.O. 1/2012

Procedure for
altering this
Constitution.
person being elected under paragraph (2) of article 60 or
under article 160(2), as the case may be.
164. (1) Subject to the provisions of paragraphs (2)
and (3), a Bill for an Act of Parliament to alter this
Constitution shall not be passed by the National Assembly
unless it is supported at the final voting in the Assembly
by the votes of a majority of all the elected members of the
Assembly.
(2) A Bill to alter any of the following provisions
of this Constitution, that is to say –
(a) this article, articles 1, 2, 8, 9, 18, 51,
66, 89, 99 and 111; and
(b) articles 3, 4, 5, 6 and 7, 10 to 17
(inclusive), 19 to 49 (inclusive), 52 to
57 (inclusive), 59, 60, 62, 63, 64, 65,
67, 68, 69, 70, 72 (in so far as it
relates to the number of regions), 90
to 96 (inclusive), 98, 108, 110, 116,
120 to 163 (inclusive, but excepting
article 132), 168 to 215 (inclusive, but
excepting articles 173, 185, 186, 192
(2) and (3) and 193), 222, 223, 225,
226, 231 and 232 (excepting the
definition of ‚financial year‛)
shall not be submitted to the President for his or her assent
unless the Bill, not less than two and not more than six
months after its passage through the National Assembly,
has, in such manner as Parliament may prescribe, been
submitted to the vote of the electors qualified to vote in an
election and has been approved by a majority of the
electors who vote on the Bill:
Provided that if the Bill does not alter any of the
LAWS OF GUYANA
138 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Regulation
of procedure.

provisions mentioned in subparagraph (a) and is
supported at the final voting in the Assembly by the votes
of not less than two-thirds of all the elected members of
the Assembly it shall not be necessary to submit the Bill to
the vote of the electors.
(3) In this article –
(a) references to this Constitution or to
any particular provision thereof
include references to any other law
in so far as that law alters the
Constitution or, as the case may be,
that provision; and
(b) references to altering this Consti-
tution or any particular provision
thereof include references to
repealing it, with or without re-
enactment thereof or the making of
different provision in lieu thereof, to
modifying it and to suspending its
operation for any period.
165. (1) Subject to the provisions of this
Constitution, the National Assembly may regulate its own
procedure and may make rules for that purpose.
(2) The Assembly may act notwithstanding any
vacancy in its membership (including any vacancy not
filled when the Assembly first meets after the
commencement of this Constitution or after any
dissolution of Parliament) and the presence or
participation of any person not entitled to be present at or
to participate in the proceedings of the Assembly shall not
invalidate those proceedings.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 139
L.R.O. 1/2012
Presiding in
the
Assembly.

Oaths of
members.

Voting.

166.(1) The Speaker , or, in his or her absence, the
Deputy Speaker or, if they are both absent, a member of
the National Assembly (not being a Minister or a
Parliamentary Secretary) elected by the Assembly for the
sitting shall preside at any sitting of the Assembly.
(2) References in this article to circumstances in
which the Speaker or Deputy Speaker is absent include
references to circumstances in which the office of Speaker
or Deputy Speaker is vacant.
167. No member of the National Assembly shall
take part in the proceedings of the Assembly (other than
proceedings necessary for the purpose of this article) until
he or she has made and subscribed before the Assembly
the oath of office:
Provided that the election of a Speaker and Deputy
Speaker of the Assembly may take place before the
members thereof have made and subscribed such oath.
168.(1)Save as otherwise provided by this
Constitution, all questions proposed for decision in the
National Assembly shall be determined by a majority of
the votes of the members present and voting.
(2) Except as provided by the next following
paragraph, the Speaker or other member presiding in the
Assembly shall not vote unless on any question the votes
are equally divided, in which case he or she shall have
and exercise a casting vote.
(3) A Speaker elected from among persons who
are not members of the Assembly shall have neither an
original nor a casting vote and if, upon any question
before the Assembly when such a Speaker is presiding,
the votes of the members are equally divided, the motion
LAWS OF GUYANA
140 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Quorum.

Mode of
legislation.
[17 of 2000]
shall be lost.
169. If objection is taken by any member of the
National Assembly present that there are present in the
Assembly (besides the person presiding) less than one-
third of all the elected members of the Assembly, and,
after such interval as may be prescribed in the rules of
procedure of the Assembly, the person presiding
ascertains that there are still present less than one-third of
all the elected members, he or she shall thereupon adjourn
the Assembly.
170. (1) Subject to the provisions of article 164, the
power of Parliament to make laws shall be exercised by
Bills passed by the National Assembly and assented to by
the President.
(2) When a Bill is presented to the President for
assent, he or she shall signify that he or she assents or that
he or she withholds assent.
(3) Where the President withholds his or her
assent to a Bill, he or she shall return it to the Speaker
within twenty-one days of the date when it was presented
to him or her for assent with a message stating the reasons
why he or she has withheld his or her assent.
(4) Where a Bill is so returned to the Speaker it
shall not again be presented to the President for assent
unless within six months of the Bill being so returned
upon a motion supported by the votes of not less than
two-thirds of all the elected members of the National
Assembly the Assembly resolves that the Bill be again
presented for assent.
(5) Where the National Assembly so resolves
that a Bill be again presented for assent, the Bill shall be so
presented and the President shall assent to it within ninety
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 141
L.R.O. 1/2012

Introduction
of Bills, etc.
days of its presentation.
(6) A Bill shall not become law unless it has
been duly passed and assented to in accordance with this
Constitution.
171. (1) Subject to the provisions of this Constitution
and of the rules of procedure of the National Assembly,
any member of the Assembly may introduce any Bill or
propose any motion for debate in, or may present any
petition to, the Assembly and the same shall be debated
and disposed of according to the rules of procedure of the
Assembly.
(2) Except on the recommendation or with the
consent of the Cabinet signified by a Minister, the
Assembly shall not –
(a) proceed upon any Bill (including
any amendment to a Bill) which, in
the opinion of the person presiding,
makes provision for any of the
following purposes –
(i) for imposing or increasing
any tax;
(ii) for imposing any charge
upon the Consolidated Fund
or any other public fund of
Guyana or for altering any
such charge otherwise than
by reducing it;
(iii) for the payment, issue or
withdrawal from the
Consolidated Fund or any
other public fund of Guyana
of any moneys not charged
LAWS OF GUYANA
142 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Privileges, etc.,
of members of
the National
Assembly.
thereon or any increase in the
amount of such a payment,
issue or withdrawal; or
(iv) for compounding or
remitting any debt due to
Guyana; or
(b) proceed upon any motion (including
any amendment to a motion) the
effect of which, in the opinion of the
person presiding, would be to make
provision for any of the purposes
aforesaid.
172. (1) Subject to the provisions of paragraphs (2),
(3) and (4), Parliament may by law determine the
privileges, immunities and powers of members of the
National Assembly and the members thereof.
(2) No civil or criminal proceedings may be
instituted against any member of the Assembly for words
spoken before, or written in a report to, the Assembly or
to a committee thereof or by reason of any matter or thing
brought by him or her therein by petition, bill, resolution,
motion or otherwise.
(3) For the duration of any session, members of
the Assembly shall enjoy freedom from arrest for any civil
debt.
(4) No process issued by any court in the
exercise of its civil jurisdiction shall be served or executed
within the precincts of the Assembly while the Assembly
is sitting or through the Speaker, the Clerk, or any officer
of the Assembly.
173- 176 [TITLE 3 -Articles 173-176 repealed by Act
No. 14 of 2000]
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 143
L.R.O. 1/2012

Election of
President.
[2 of 2000]
TITLE 4
THE PRESIDENT
177. (1) Any list of candidates for an election held
pursuant to the provisions of article 60(2) shall designate
not more than one of those candidates as a Presidential
candidate. An elector voting at such an election in favour
of a list shall be deemed to be also voting in favour of the
Presidential candidate named in the list.
(2) Where –
(a) there is only one Presidential
candidate at the election; or
(b) there are two or more Presidential
candidates, if more votes are cast in
favour of the list in which a person
is designated as Presidential
candidate than in favour of any
other list,
that Presidential candidate shall be deemed to be elected
as President and shall be so declared by the Chairman of
the Elections Commission acting only in accordance with
the advice of the Chief Election Officer, after such advice
has been tendered to the Elections Commission at a duly
summoned meeting.
(3) Where no person is elected as President
under paragraph (2) and where the votes cast in favour of
each list are equal in number, or where the votes cast in
favour of each of two or more lists are equal in number
but greater than the number of votes cast in favour of any
other list, the Chairman of the Elections Commission,
acting in the presence of the Chancellor and of the public,
shall by lot choose one of the lists in respect of which the
votes are equal in either of the circumstances aforesaid
LAWS OF GUYANA
144 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
and shall declare the Presidential candidate designated in
that list to be duly elected as President.
(4) The Court of Appeal shall have exclusive
jurisdiction to hear and determine any question as to the
validity of an election of a President in so far as that
question depends upon the qualification of any person for
election or the interpretation of this Constitution; and any
decision of that Court under this paragraph shall be final.
(5) Subject to the provisions of this Constitution,
Parliament may make provision for giving effect to the
provisions of this Title and, without prejudice to the
generality thereof, may make provision –
(a) for the conduct of elections to the
office of President; and
(b) with respect to the persons by
whom, the manner in which and the
conditions upon which proceedings
for the determination of any
question such as is mentioned in the
preceding paragraph may be
instituted in the Court of Appeal,
and, subject to any provisions made under subparagraph
(b), provision may be made with respect to the matters
referred to therein by rules of court.
(6) Subject to the provisions of paragraph (4),
an instrument which –
(a) is executed under the hand of the
Chairman of the Elections
Commission; and
(b) states that a person named in the
instrument was declared elected as
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 145
L.R.O. 1/2012


Tenure of
office of
President.
[14 of 2000]
President at an election held
pursuant to the provisions of article
60(2),
shall be conclusive evidence that the person so named was
so elected and no question as to the validity of the election
as the President of the person so named shall be enquired
into any court.
178. (1) The office of President shall become vacant
if the person holding it –
(a) dies; or
(b) resigns it by writing under his or her
hand addressed to the Speaker; or
(c) ceases to hold it by virtue of the
provisions of article 92, 179, or 180.
(2) A person assuming the office of President
in accordance with the provisions of this Constitution
shall be disqualified for any other office, employment or
appointment to which this paragraph applies and
accordingly on entering upon the duties of the office of
President shall vacate any such other office, employment
or appointment held by him or her.
(3) The preceding paragraph applies to the
offices of Speaker, member, Clerk or Deputy Clerk of the
National Assembly, and Judge of the Supreme Court of
Judicature, member of the Elections Commission, the
Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission or the
Police Service Commission, any public office, employment
in any armed force of Guyana and any paid appointment
as a member or employee of a body Corporate established
by law for public purposes.
LAWS OF GUYANA
146 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Removal of
President on
grounds of
incapacity.
(4) During any period when a Minister is
performing the functions of the office of President under
article 96 or 179 or has assumed the office under the
proviso to article 95(1), his or her seat in the National
Assembly shall be regarded as vacant and may be
temporarily filled in accordance with any provision made
under article 160(3). At the expiration of the period the
person temporarily filling the seat shall vacate it and the
seat shall thereupon be resumed by the Minister:
Provided that the person so vacating the seat
shall be eligible for re-election under any provision made
as aforesaid.
179. (1) If the members of the National
Assembly whose names appeared as candidates on the
same list as that of the President at the last election held
pursuant to article 60(2) resolve, upon a motion supported
by the votes of majority of all of them, that the question of
the physical or mental capacity of the President to
discharge the functions of his or her office ought to be
investigated and the Prime Minister so informs the
Chancellor, the Chancellor shall appoint a board
consisting of not less than three persons selected by him
or her from among persons who are qualified as medical
practitioners under the law of Guyana, and the board shall
enquire into the matter and shall make a report to the
Chancellor stating the opinion of the board whether or not
the President is, by reason of any infirmity of body or
mind, incapable of discharging the functions of his or her
office.
(2) If the board reports that the President is
incapable of discharging the functions of the office of
President, the Chancellor shall certify in writing
accordingly and thereupon the President shall cease to
hold office.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 147
L.R.O. 1/2012

(3) Where the Prime Minister informs the
Chancellor that a resolution has been passed pursuant to
paragraph (1) that the question of the physical or mental
capacity of the President to discharge the functions of his
or her office should be investigated the President shall,
until another person assumes the office of President or
the board appointed in pursuance of paragraph (1) reports
that the President is not incapable of discharging the
functions of his or her office (whichever is the earlier),
cease to perform the functions of his or her office and
those functions shall be performed by –
(a) the Prime Minister; or
(b) during any period when there is no
Prime Minister or the Prime
Minister is absent from Guyana or is
unable, by reason of physical or
mental infirmity, to discharge the
functions of his or her office, by
such member of the Cabinet, being
an elected member of the National
Assembly, as shall be elected by
the members referred to in
paragraph (1):
Provided that any person performing the functions
of the office of President under this paragraph shall not
dissolve Parliament or, save on the advice of the Cabinet,
revoke any appointment made by the President.
(4) A motion for the purposes of paragraph (1)
may be proposed by any of the members referred to
therein at any meeting of such members convened by the
Prime Minister.

LAWS OF GUYANA
148 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Removal of
President
of
Constitution
or gross
misconduct.
[17 of 2000]
180. (1) If notice in writing is given to the Speaker
of the National Assembly, signed by not less than one-half
of all the elected members of the Assembly, of a motion
alleging that the President has committed any violation of
the Constitution or any gross misconduct and specifying
the particulars of all the allegations and proposing that a
tribunal be established under this article to investigate
those allegations, the Speaker shall –
(a) if Parliament is then sitting or
has been summoned to meet within
five days, cause the motion to be
considered by the Assembly within
seven days of the notice; or
(b) if Parliament is not then sitting
(and notwithstanding that it may be
prorogued) summon the Assembly
to meet within twenty-one days of
the notice and cause the motion to
be considered at that meeting.
(2) Where a motion under this article is
proposed for consideration by the National Assembly, the
Assembly shall not debate the motion but the person
presiding in the Assembly shall forthwith cause a vote to
be taken on the motion and, if the motion is supported by
the votes of not less than two-thirds of all the elected
members of the Assembly, shall declare the motion to be
passed.
(3) If the motion is declared to be passed
under paragraph (2) –
(a) the Chancellor shall appoint a
tribunal which shall consist of a
chairman and not less than two
for violation
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 149
L.R.O. 1/2012

other members selected by the
Chancellor from among persons
who hold or have held office as a
Judge of a court having unlimited
jurisdiction in civil and criminal
matters in some part of the
Commonwealth or a court having
jurisdiction on appeals from any
such court;
(b) the tribunal shall investigate the
matter and shall report to the
National Assembly whether
it finds the particulars of the
allegations specified in the motion
to have been sustained;
(c) the President shall have the right to
appear and be represented before
the tribunal during its investigation
of the allegations against him or her.
(4) If the tribunal reports to the National
Assembly that the tribunal finds that the particulars of any
allegation against the President specified in the motion
have not been substantiated no further proceedings shall
be taken under this article in respect of that allegation.
(5) If the tribunal reports to the National
Assembly that the tribunal finds that the particulars of any
allegation specified in the motion have been
substantiated, the Assembly may, on a motion supported
by the votes of not less than two-thirds of all elected
members of the Assembly, resolve that the President has
been guilty of such violation of the Constitution or, as the
case may be, such gross misconduct as is incompatible
with his or her continuance in office as President and, if
the Assembly so resolves, the President shall cease to hold
LAWS OF GUYANA
150 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Salary and
allowances
of President.

Immunities of
President.
office upon the third day following the passage of the
resolution.
181. (1) The President shall receive such salary and
allowances as may be prescribed under the provisions of
article 222.
(2) A person who has held the office of
President shall receive such pension or, upon the
expiration of his or her term of office, such gratuity as
may be prescribed by Parliament. Any such pension or
gratuity shall be a charge on the Consolidated Fund.
182. (1) Subject to the provisions of article 180, the
holder of the office of President shall not be personally
answerable to any court for the performance of the
functions of his or her office or for any act done in the
performance of those functions and no proceedings,
whether criminal or civil, shall be instituted against him or
her in his or her personal capacity in respect thereof either
during his or her term of office or thereafter.
(2) Whilst any person holds or performs the
functions of the office of President no criminal
proceedings shall be instituted or continued against him
or her in respect of anything done or omitted to be done
by him or her in his or her private capacity and no civil
proceedings shall be instituted or continued in respect of
which relief is claimed against him or her or anything
done or omitted to be done in his or her private capacity.
(3) Where provision is made by law limiting the
time within which proceedings of any description may be
brought against any person, the period during which any
person holds or performs the functions of the office of
President shall not be taken into account in calculating
any period of time prescribed by that law for bringing any
such proceedings as are mentioned in paragraph (2)
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 151
L.R.O. 1/2012

Tenure of
office of
Ministers.
[14 of 2000]
against him or her.
TITLE 5
THE EXECUTIVE
SUBTITLE 1
MINISTERS, etc.
183. (1) The office of a Minister who was not an
elected member of the Assembly at the time of his or her
appointment and has not subsequently become such a
member shall become vacant if the holder of the office –
(a) ceases to be a citizen of Guyana; or
(b) if he or she becomes disqualified for
election as a member of the
Assembly by virtue of article 155 or
of any law enacted in pursuance
thereof.
(2) The office of any other Minister shall become
vacant if the holder of the office –
(a) ceases to be a member of the
Assembly for any cause other than a
dissolution of Parliament;
(b) is not a member of the Assembly
when the Assembly first meets after
a dissolution of Parliament; or
(c) is, by virtue of article 156 (2) or (3)
required to cease to perform his or
her functions as a member of the
Assembly.
(3) The office of any Minister shall become
LAWS OF GUYANA
152 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Leader of the
Opposition.
[ 2 of 2000
14 of 2000]
vacant –
(a) if he or she resigns it by writing
under his or her hand addressed to
the President;
(b) if the President so directs; or
(c) on the election of any person to the
office of President pursuant to the
provisions of article 177.
184. (1) The Leader of the Opposition shall be
elected by and from among the non-governmental
members of the National Assembly at a meeting held
under the chairmanship of the Speaker of the National
Assembly, who shall not have the right to vote.
(2) The office of the Leader of the Opposition
shall become vacant if –
(a) the holder thereof ceases to be a
member of the Assembly for any
cause other than a dissolution of
Parliament;
(b) he or she is not a member of the
Assembly when the Assembly first
meets after the dissolution of
Parliament;
(c) by virtue of article 156(2) or (3) he or
she is required to cease to exercise
his or her functions as a member of
the Assembly; or
(d) his or her removal from office is
effected under the provisions of the
next following paragraph.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 153
L.R.O. 1/2012

Attorney
General.
(3) Where one-third of the non-governmental
members of the Assembly represent to the Speaker that
the Leader of the Opposition no longer enjoys their
confidence, the speaker shall call a meeting of all the non-
governmental members at which it shall be decided
whether the Leader of the Opposition shall be removed
from office; the removal shall be effected by the votes of a
majority of all the non-governmental members.
(4) The election and removal from office of the
leader of the Opposition shall be by a show of hands.
185.(1) A person shall not be qualified to be
appointed as Attorney General unless he or she holds
such qualifications as may be prescribed by Parliament
and is a citizen of Guyana.
(2) If the Attorney General is an elected member
of the National Assembly at the time of his or her
appointment or subsequently becomes such a member, he
or she shall be a Minister by virtue of holding the office of
the Attorney General and the provisions of paragraphs (2)
and (3) of article 183 shall apply to the office of the
Attorney General.
(3) If the Attorney General is not an elected
member of the Assembly but is qualified to be elected as
such a member he or she may be appointed by the
President to be a Minister.
(4) If an Attorney General appointed to be a
Minister under the preceding paragraph resigns his or her
office as Attorney General he or she shall also vacate his
or her office as a Minister.
(5) If the Attorney General is not a Minister he
or she shall vacate his or her office if he or she ceases to be
LAWS OF GUYANA
154 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Parliamentary
Secretaries.

Functions of
Director of
Public
Prosecutions.
a citizen of Guyana or if his or her appointment is revoked
by the President.
(6) If the office of Attorney General is vacant or
the holder of the office is for any reason unable to perform
the functions thereof the President may appoint a person,
being a person qualified under the paragraph (1), to act in
the office, but the provisions of paragraphs (2) and (3)
shall not apply to a person so appointed.
(7) An appointment under the preceding
paragraph shall cease to have effect when it is revoked by
the President.
186. (1) Parliamentary Secretaries may be appointed
from among persons who are elected members of the
National Assembly or are qualified to be elected as such
members.
(2) Paragraph (1) shall have effect in relation to
any period between dissolution of Parliament and the day
on which the next election of members of the Assembly is
held as if Parliament had not been dissolved.
(3) A Parliamentary Secretary who was not an
elected member of the Assembly at the time of his or her
appointment shall (unless he or she becomes such a
member) be a member of the Assembly by virtue of
holding the office of Parliamentary Secretary but shall not
vote in the Assembly.
(4) The provisions of article 183 shall apply to
the office of a Parliamentary Secretary as they apply to the
office of a Minister.
187. (1) The Director of Public Prosecutions (referred
to in this article as ‚the Director‛) shall have power in any
case in which he or she considers it desirable to do so –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 155
L.R.O. 1/2012
(a) to institute and undertake criminal
proceedings against any person
before any court, other than a court-
martial, in respect of any offence
against the law of Guyana.
(b) to take over and continue any such
criminal proceedings that may have
been instituted by any other person
or authority; and
(c) to discontinue at any stage before
judgment is delivered any such
criminal proceedings instituted or
undertaken by him or her or any
other person or authority.
(2) The powers of the Director under the
preceding paragraph may be exercised by him or her in
person or through other persons acting under and in
accordance with his or her general or special instructions.
(3) The powers conferred upon the Director by
sub-paragraphs (b) and (c) of paragraph (1) shall be vested
in him or her to the exclusion of any other person or
authority:
Provided that, where any other person or
authority has instituted criminal proceedings, nothing in
this paragraph shall prevent the withdrawal of those
proceedings by or at the instance of that person or
authority and with the leave of the court.
(4) In the exercise of the powers conferred upon
him or her by this article the Director shall not be subject
to the direction or control of any other person or
authority.
LAWS OF GUYANA
156 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012


Prerogative of
Mercy.
(5) For the purposes of this article, any appeal
from any determination in any criminal proceedings
before any court, or any case stated or question of law
reserved for the purposes of any such proceedings, to any
other court in Guyana shall be deemed to be part of those
proceedings.
188. (1) The President may –
(a) grant to any person concerned in or
convicted of any offence under the
law of Guyana, a pardon, either free
or subject to lawful conditions;
(b) grant to any person a respite, either
indefinite, or for a specified period,
of the execution of any punishment
imposed on that person for such an
offence.
(c) substitute a less severe form of
punishment for any punishment
imposed on any person for such an
offence; or
(d) remit the whole or any part of any
punishment imposed on any person
for such an offence or of any penalty
or forfeiture otherwise due to the
State on account of such an offence.
(2) Subject to the provisions of the next
following paragraph, the powers of the President under
the preceding paragraph shall be exercised by him or her
after consultation with such Minister as may from time to
time be designated by him or her.
(3) In addition to the Minister designated
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 157
L.R.O. 1/2012

Advisory
Council on
Prerogative of
Mercy.
generally under the preceding paragraph, a second
Minister may, in the manner prescribed in that paragraph,
be specially designated in relation to persons convicted by
courts-martial under the law of Guyana; and at any time
when there is a second Minister so designated, the powers
of the President under paragraph (1) shall, in relation to
such persons, be exercised after consultation with that
other Minister.
189. (1) There shall be an Advisory Council on the
Prerogative of Mercy, which shall consist of –
(a) the Minister for the time being
designated under paragraph (2) of
the preceding article, who shall be
Chairman;
(b) the Attorney General (if he or she is
not the Chairman); and
(c) not less than three and not more
than five other members, who shall
be appointed by the President, and
of whom at least one shall be a
person who is a qualified medical
practitioner.
(2) A person shall not be qualified to be
appointed as a member of the Advisory Council under
subparagraph (c) of the preceding paragraph if he or she
is a member of the National Assembly; and not less than
three of the members so appointed shall be persons who
are not public officers.
(3) A member of the Advisory Council appointed
under the said subparagraph (c) shall hold office for three
years:
LAWS OF GUYANA
158 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Functions of
the Advisory
Council.
Provided that his or her seat on the Council shall
become vacant –
(a) if he or she becomes a member of
the Assembly or if, not having been
a public officer at the time of his or
her appointment, he or she becomes
such an officer; or
(b) if he or she is removed from office
by the President for inability to
discharge the functions of his or her
office (whether arising from
infirmity of mind or body or any
other cause whatsoever) or for
misbehaviour.
190. (1) Where under the law of Guyana any person
has been sentenced to death by any court other than a
court-martial for any offence against that law, the Minister
designated under article 188(2) shall cause a written report
of the case from the trial judge, together with such other
information derived from the record of the case or
elsewhere as the Minister may require, to be taken into
consideration at a meeting of the Advisory Council; and
after obtaining the advice of the Council the Minister shall
express his or her own deliberate opinion to the President
as to whether he or she should exercise any of his or her
powers under that article in relation to that person.
(2) The Minister designated under article 188(2)
may consult the Advisory Council before expressing any
opinion to the President under that provision in any case
not falling within the preceding paragraph, but shall be
not obliged to act in accordance with the advice of the
Advisory Council.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 159
L.R.O. 1/2012

Appoint-
ments, etc. of
Ombudsman
Matters
subject to
investigation
by the
Ombudsman.
[17 of 1984
14 of 2000]
(3) The Advisory Council may regulate its own
procedure.
SUBTITLE 2
THE OMBUDSMAN
191. (1) The Ombudsman shall be appointed by the
President acting after consultation with the Leader of the
Opposition.
(2) The Ombudsman shall not perform the
functions of any public office and shall not, without the
approval of the President in each particular case, hold any
other office of emolument, other than his or her office as
Ombudsman, or engage in any occupation for reward
outside the duties of his or her office.
(3) Subject to the provisions of next following
paragraph, a person holding the office of Ombudsman
shall vacate that office at the expiration of four years from
the date of his or her appointment.
(4) The provisions of article 225 (which relate to
removal from office) shall apply to the office of
Ombudsman, and for the purposes of paragraphs (4) and
(6) of that article the prescribed authority shall be the
Prime Minister.
192. (1) Subject to the provisions of this article,
the Ombudsman may investigate any action taken by any
department of Government or by any other authority to
which this article applies, or by the President, Ministers,
officers or members of such a department or authority,
being action taken in exercise of the administrative
functions of that department or authority.
(2) The Ombudsman may investigate any such
action as aforesaid in any of the following circumstances,
LAWS OF GUYANA
160 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
that is to say –
(a) if a complaint in respect of the
action is duly made to the
Ombudsman by any person or body
or persons, whether incorporated or
not alleging that the complainant
has sustained injustice in
consequence of a fault in
administration;
(b) if the President, a Minister or a
member of the National Assembly
requests the Ombudsman to
investigate the action on the ground
that a person or body of persons
specified in the request has or may
have sustained such injustice;
(c) in any other circumstances in
which the Ombudsman considers
that he or she ought to investigate
the action on the ground that some
person or body of persons has or
may have sustained such injustice.
(3) The Ombudsman shall not investigate under this
Subtitle –
(a) any action in respect of which the
complainant has or had –
(i) a remedy by way of
proceedings in a court; or
(ii) a right of appeal, reference or
review to or before an
independent and impartial
tribunal other than a court; or
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 161
L.R.O. 1/2012
(b) any such action, or action taken with
respect to any such matter, as is
excluded from investigation under
article 193:
Provided that the Ombudsman –
(i) may conduct an investigation
notwithstanding that the
complainant has or had a
remedy by way of
proceedings in a court if
satisfied that in the particular
circumstances it is not
reasonable to expect him or
her or to take or to have taken
such proceedings;
(ii) shall not in any case be
precluded from conducting
an investigation in respect of
any matter by reason only
that it is open to the
complainant to apply to the
High Court for redress under
article 153(1) (which relates to
redress for contraventions of
provisions for the protection
of fundamental rights and
freedoms).
(4) In determining whether to initiate,
continue or discontinue an investigation under this
Subtitle the Ombudsman shall, subject to the foregoing
provisions of this article, act in accordance with his or her
individual judgment and in particular, and without
prejudice to the generality of the foregoing, he or she
LAWS OF GUYANA
162 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
may refuse to initiate, or may discontinue, any
investigation if it appears to him or her that –
(a) the complaint relates to action of
which the complainant has had
knowledge for more than twelve
months before the complaint was
received by the Ombudsman;
(b) the subject matter of the complaint
is trivial;
(c) the complaint is frivolous or
vexatious or is not made in good
faith; or
(d) the complainant has not a sufficient
interest in the subject matter of the
complaint.
(5) The authorities other than departments of
Government to which this article applies are –
(a) any authority empowered to
determine the person with whom
any contract or class of contracts
shall be entered into by or on behalf
of the Government of Guyana; and
(b) such other authorities as may be
prescribed by Parliament.
(6) For the purposes of this article the Public
Service Appellate Tribunal, the Judicial Service
Commission, the Public Service Commission, the Teaching
Service Commission and the Police Service Commission
shall not be regarded as departments of Government.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 163
L.R.O. 1/2012

Excluded
matters.
(7) For the purposes of paragraph (2) (a) a
complaint may be made by a person aggrieved himself or
herself or, if he or she is dead or for any reason unable to
act for himself or herself, by any person duly authorised
to represent him or her.
(8) Any question whether a complaint or a
request for all investigation is duly made under this
Subtitle or any law enacted in pursuance of article 195
shall be determined by the Ombudsman.
(9) Where a complaint or request for an
investigation is duly made as aforesaid and the
Ombudsman decides not to investigate the action to
which the complaint or request relates or to discontinue
an investigation of that action, he or she shall inform the
person or body of persons who made the complaint or
request of his or her decision.
(10) In this article and in article 193 ‚action‛
includes failure to act and ‚action taken‛ shall be
construed accordingly.
193. The Ombudsman shall not investigate any
such action, or action taken with respect to any such
matter, as is described hereunder –
(i) matters certified by the
President or a Minister to
affect relations or dealings
between the Government of
Guyana and any other
Government or any
international organisation; (ii) action taken for the purposes
of protecting the security of
the State or of investigating
LAWS OF GUYANA
164 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
crime, including action taken
with respect to passports for either of those purposes;
(iii) the commencement or
conduct of civil or criminal proceedings in any court;
(iv) action taken in respect of
appointments to offices or
other employment in the
service of the Government of
Guyana or appointments
made by or with the approval
of the President or any Minister, and action taken in
relation to any person as the holder or former holder of any such office, employment
or appointment;
(v) action taken with respect to
orders or directions to any disciplined force or member thereof as defined in article
154;
(vi) the exercise of the powers conferred by article 188;
(vii) the grant of honours, awards or privileges within the gift of the President;
(viii) action taken in matters relating to contractual or
other commercial dealings
with members of the public
other than action by an
authority mentioned in
subparagraph (a) of article
192(5);
(ix) action taken in any country
outside Guyana by or on
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 165
L.R.O. 1/2012

Ombuds-
man’s functions
on concluding
an
investigation,
and reports to
the Assembly.
[14 of 2000]

behalf of any officer
representing the Government
of Guyana or any officer of
that Government;
(x) any action which by virtue of
any provision of this
Constitution may not be
inquired into by any court.
194. (1) After conducting an investigation under this
Subtitle the Ombudsman shall inform the department or
authority concerned of the result of that investigation and,
if he or she is of the opinion that any person or body of
persons has sustained injustice in consequence of a fault in
administration, he or she shall inform that department or
authority of the reasons for that opinion and may make
such recommendations for action by that department or
authority as he or she thinks fit.
(2) After conducting an investigation under this
Subtitle in pursuance of a complaint or a request for an
investigation made by the President, a Minister or a
member of the National Assembly the Ombudsman shall

(a) if he or she is of the opinion that the
complainant or, in the case of an
investigation conducted in
pursuance of such a request, the
person or body of persons specified
in the request has sustained injustice
in consequence of a fault in
administration, inform the person or
body of persons who made the
complaint or request that he or she
is of that opinion and the nature of
the injustice that he or she considers
has been sustained;
LAWS OF GUYANA
166 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Power of
Parliament to
make
Supplement-
ary provision.
(b) if he or she is of the opinion that the
complainant or, in the case of an
investigation conducted in
pursuance of such a request, the
person or body of persons specified
in the request has not sustained
injustice, inform the person or body
of persons who made the complaint
or request that he or she is of that
opinion and the reason therefor.
(3) Where the Ombudsman has made a
recommendation under paragraph (1) and within a
reasonable time thereafter no action has been taken which
appears to the Ombudsman adequately to remedy the
injustice, he or she may lay before the Assembly a special
report on the case.
(4) The Ombudsman shall annually lay before
the Assembly a general report on the performance of his
or her functions under this Subtitle.
195. Parliament may make provision for such
supplementary and ancillary matters as may appear
necessary or expedient in consequence of any of the
provisions of this Subtitle including (without prejudice to
the generality of the foregoing power) provision –
(a) for the procedure to be observed by
the Ombudsman in performing his
or her functions;
(b) for the manner in which complaints
and requests for investigation shall
be made to the Ombudsman and for
the payment of fees in respect of any
complaint or investigation; and
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 167
L.R.O. 1/2012

Interpretation.

Tenure of
office of
Judges.
[6 of 2001]
(c) for the powers, duties and privileges
of the Ombudsman or of other
persons or authorities with respect
to the obtaining or disclosure of
information for the purposes of any
investigation or report by the
Ombudsman.
196. In this Subtitle –
‚complainant‛ means the person or body of persons by or
on whose behalf a complaint under this Subtitle is
made; and
‚fault in administration‛ includes without prejudice to its
generality, any contravention of article 149 (which
relates to discrimination on grounds of race, place of
origin, political opinions, colour or creed).
TITLE 6
THE JUDICATURE
197. (1) Notwithstanding the provisions of articles
124 and 125, the office of a Justice of Appeal or a Puisne
Judge shall not be abolished while there is a substantive
holder thereof.
(2) With effect from the commencement of this
paragraph, a person holding the office of Judge on the
said commencement shall vacate that office on attaining –
(a) in the case of a Puisne Judge, the
age of sixty- two years;
(b) in the case of any other Judge, other
than the Chancellor, the age of sixty-
five years; and
LAWS OF GUYANA
168 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(c) in the case of the Chancellor , the
age of sixty eight years.
(2A) A person appointed to the office of Judge
after the commencement of this paragraph shall vacate
that office attaining –
(a) in the case of a Puisne Judge, the
age of sixty-five years; and
(b) in the case of any other Judge, the
age of sixty-eight years.
(3) A Judge may be removed from office only
for inability to perform the functions of his or her office
(whether arising from infirmity of mind or body or any
other cause) or for misbehaviour or for persistently not
writing decisions or for continuously failing to give
decisions and reasons therefor within such time as may be
specified by Parliament and shall not be so removed
except in accordance with the provisions of this article.
(4) A Judge shall be removed from office by the
President if the question of removal of that Judge has, in
pursuance of the next following paragraph, been referred
by the President to a tribunal, and the tribunal has
advised the President that the Judge ought to be removed
from office for inability as aforesaid or for misbehaviour.
(5) If the Prime Minister, in the case of the
Chancellor or the Chief Justice, or the Judicial Service
Commission, in the case of any other Judge, represents to
the President that the question of removing such Judge
from office under this article ought to be investigated,
then –
(a) the President shall appoint a
tribunal, which shall consist of a
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 169
L.R.O. 1/2012

c. 19:03
Chairman and not less than two
other members, selected by the
President, acting in his or her
discretion in the case of the
Chancellor or the Chief Justice or in
accordance with the advice of the
Prime Minister after consultation
with the Judicial Service
Commission in the case of any other
Judge, from among persons who
hold or have held office as a judge of
a court having unlimited jurisdiction
in civil and criminal matters in some
part of the Commonwealth or a
court having jurisdiction in appeals
from any such court or who are
qualified to be appointed as any
such judge; and
(b) the tribunal shall enquire into the
matter and advise the President
whether or not the Judge ought to
be removed from office.
(6) The provisions of the Commissions of
Inquiry Act as in force immediately before the
commencement of this Constitution shall, subject to the
provisions of this article, apply as nearly as may be in
relation to tribunals appointed under the preceding
paragraph or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and in such
application shall have effect as if they formed part of this
Constitution.
(7) If the question of removing a Judge from
office has been referred to a tribunal under paragraph (5),
the President may suspend such Judge from performing
LAWS OF GUYANA
170 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
the functions of his or her office, and any such suspension
may at any time be revoked by the President, and shall in
any case cease to have effect if the tribunal advises the
President that the Judge ought not to be removed from
office. In effecting any such suspension or any revocation
of any such suspension, the President shall act in
accordance with his or her own deliberate judgment in the
case of the Chancellor or the Chief Justice and in
accordance with the advice of the Chancellor in the case of
any other Judge.
(8) The provisions of this article shall be without
prejudice to the provisions of article 128(3).
(9) (a) For the purposes of paragraph (6)
of this article and of article 225(5),
the following provisions of the
Commissions of Inquiry Act shall
not apply, that is to say –
(i) section 2 - the whole section;
(ii) section 3 - so much of the
section as follows the words
‚in his or her place‛;
(iii) section 5 - the whole section;
(iv) section 7 - the words ‚after
taking such oath or
affirmation‛;
(v) section 16 - the whole section.
(b) For the words ‚Such sums so
directed to be paid shall be paid out
of moneys provided by Parliament‛
in section 15 of the Act there shall be
substituted the words ‚Such sums
so directed to be paid shall be
charged on and paid out of the
Consolidated Fund‛.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 171
L.R.O. 1/2012

Defence and
security.
[7 of 2001]
[5 of 2003]

c. 15:01

c 16:01
(c) All powers and duties conferred or
imposed on the President under the
Act shall be exercised or performed
by him or her acting in each case in
the manner prescribed by this
Constitution.
(10) It is in the interest of the State to provide
such terms and conditions of service, including
superannuation benefits, for Judges that on retirement
there would be no need for them to practise at the Bar.
TITLE 6A
DEFENCE AND SECURITY
197A. (1) The State’s defence and security policy
shall be to defend national independence, preserve the
country’s sovereignty and integrity, and guarantee the
normal functioning of institutions and the security of
citizens against any armed aggression.
(2) The Defence and Security Forces shall be
subordinate to national defence and security policy and
owe allegiance to the Constitution and to the Nation. The
oath taken by members of the Defence and Security Forces
shall establish their duty to respect the Constitution.
(3) The Guyana Defence Force established
under the Defence Act shall in the discharge of its
constitutional responsibilities function in such a manner
as to earn the respect and enjoy the confidence of citizens.
(4) The Police Force established under the Police
Act shall function in accordance with the law as the law
enforcement agency of the State responding to the daily
need to maintain law and order by suppressing crime to
LAWS OF GUYANA
172 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

c. 19:03

c. 19:03
ensure that citizens are safe in their homes, the streets and
other places.
(5) Disciplined forces commissions may be
constituted by the National Assembly from time to time,
as may be necessary, with power to examine any matter
relating to the public welfare, public safety, public order,
defence or security, including the structure and
composition of the disciplined forces and make
recommendations generally with a view to promoting
their greater efficiency , and giving effect to the need in
the public interest that the composition of the disciplined
forces take account of the ethnic constituents of the
population.
(6) The provisions of the Commissions of
Inquiry Act as in force immediately before the
commencement of this Constitution shall, subject to the
provisions of this article, apply as nearly as may be in
relation to commissions appointed under the preceding
paragraph or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and such
application shall have effect as if they formed part of this
Constitution.
(7) As regards the application of the
Commissions of Inquiry Act pursuant to paragraph (6) –
(a) the following provisions shall not
apply, that is to say -
(i) section 2 - the whole section;
(ii) section 3 - so much of the
section as follows the words
‚in his or her place‛;
(iii) section 4 - the whole section;
(iv) section 5 - the whole section;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 173
L.R.O. 1/2012

Composition
of
Commission.
[6 of 2001]
(v) section 7 - the words ‚after
taking such oath or
affirmation‛;
(vi) section 16 - the whole section;
(b) for the words ‚Such sums so
directed to be paid shall be paid out
of moneys provided by Parliament‛
in section 15 there shall be
substituted the words ‚Such sums
so directed to be paid shall be
charged on and paid out of the
Consolidated Fund‛;
(c) for the words ‚the President‛
wherever they appear in the
applicable provisions substitute the
words ‚the National Assembly‛.
TITLE 7
THE SERVICE COMMISSIONS
THE JUDICIAL SERVICE COMMISSION
198. (1) The members of the Judicial Service
Commission shall be –
(a) the Chancellor who shall be
Chairman;
(b) the Chief Justice;
(c) the Chairman of the Public
Service Commission; and
(d) such other members (hereinafter
referred to as ‚appointed
members‛) as may be appointed in
LAWS OF GUYANA
174 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
accordance with the provisions of
the next following paragraph.
(2) The appointed members shall be appointed by
the President as follows, that is to say –
(a) one from among persons who hold
or have held office as a judge of a
court having unlimited jurisdiction
in civil and criminal matters in some
part of the Commonwealth or a
court having jurisdiction in appeals
from any such court acting after
meaningful consultation with the
Leader of the Opposition; and
(b) not less than one and not more than
two from among persons who are
not attorneys-at-law in active
practice, after the National
Assembly has meaningfully
consulted such bodies as appear to it
to represent attorneys-at-law in
Guyana and signified its choice of
members to the President:
Provided a person shall be disqualified for
appointment as a member of the Commission if he or she
is a public officer.
(3) Subject to the provisions of the next
following paragraph, the office of an appointed member
of the Judicial Service Commission shall become vacant -
(a) at the expiration of three years from
the date of his or her appointment or
at such earlier time as may be
specified in the instrument by which
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 175
L.R.O. 1/2012
he or she was appointed; or
(b) if he or she is appointed to the office
of Chancellor, Chief Justice or
Chairman of the Public Service
Commission or of the Teaching
Service Commission or if he or she
becomes a public officer.
(4) The provisions of article 225 (which relate to
removal from office) shall apply to the office of an
appointed member of the Judicial Service Commission,
and for the purposes of paragraphs (4) and (6) of that
article the prescribed authority shall be the Prime
Minister and the Chancellor respectively.
(5) If the office of an appointed member is vacant
or an appointed member is for any reason unable to
perform the functions of his or her office, a person may be
appointed to act in that office and the provisions of
paragraph (2) shall apply to such an appointment as they
apply to the appointment of a person to hold the office of
the member concerned; and any person appointed to act
in the office of an appointed member shall, subject to the
provisions of paragraphs (3)(b) and (4), continue to act
until a person has been appointed to the office in which he
or she is acting and has assumed the functions thereof or,
as the case may be, until the holder thereof resumes those
functions.
(6) A person shall not, while he or she holds or is
acting in the office of a member appointed under
paragraph (2) (b), or within a period of three years
commencing with the date on which he or she last held or
acted in that office, be eligible for appointment to or to act
in any office power to make appointments to which is
vested by this Constitution in the President acting in
accordance with the advice of the Judicial Service
LAWS OF GUYANA
176 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Appointment,
etc., of
judicial and
legal officers.
[17 of 1984
6 of 2001]
Commission or in that Commission.
(7) If, by virtue of provision made by Parliament
under article 199(3) or article 203(6), power to make
appointments to or to act in any office or to remove or
exercise disciplinary control over persons holding or
acting in any office is vested in the President acting in
accordance with the advice of the Judicial Service
Commission or is vested in the Judicial Service
Commission, Parliament may provide for the inclusion in
the Commission, for the purpose of the exercise of any
function or power vested in the Commission by virtue
of that provision and of any proceedings of the
Commission relating thereto, of members additional to
those mentioned in paragraph (1) and for the appointment
(including disqualifications for appointment) and tenure
of office of such additional members; and provision for
the inclusion of different additional members may be
made in relation to functions or powers vested in the
Commission as aforesaid in relation to different offices.
199.(1) The power to make appointments to the
offices to which this article applies and to remove and to
exercise disciplinary control over persons holding or
acting in such offices shall vest in the Judicial Service
Commission.
(2) The Judicial Service Commission may, by
directions in writing and subject to such conditions as it
thinks fit, delegate any of its powers under the preceding
paragraph to any one or more of its members or to any
person holding or acting in an office in respect of which
power to make appointments is vested in the President
acting in accordance with the advice of the Commission or
to which this article applies.
(2A) Where any power of the Judicial Service
Commission is exercised under paragraph (2), any person
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 177
L.R.O. 1/2012


Composition
of
Commission.
[5 of 2001]
in respect of whom the power was exercised (including a
person who has failed to obtain an appointment) may
appeal to that Commission from the decision of the person
exercising the power.
(2B) The decision of the Judicial Service
Commission on any appeal made under paragraph (2A)
shall be final.
(3) This article applies to the office of
Commissioner of Title, Magistrate, Director of Public
Prosecutions, Deputy Director of Public Prosecutions,
Registrar of the High Court, Deputy Registrar of the High
Court, Registrar of Deeds, Deputy Registrar of Deeds and
to such other offices (not being offices in respect of which
provision for the making of appointments is made by
any provision of this Constitution other than article 201)
connected with the courts of Guyana or for appointment
to which legal qualifications are required as may be
prescribed by Parliament.
THE PUBLIC SERVICE COMMISSION
200. (1) The Public Service Commission shall consist
of six members who shall be appointed as follows, that is
to say –
(a) three members appointed by the
President acting after meaningful
consultation with the Leader of the
Opposition;
(b) two members appointed by the
President upon nomination by the
National Assembly after it has
consulted such bodies as appear to it
to represent public officers or classes
of public officers; and
LAWS OF GUYANA
178 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(c) if the President thinks fit, one other
member appointed by the
President acting in accordance with
his or her own deliberate judgment:
Provided that a person shall be disqualified for
appointment as a member of the Commission if he or she
is a public officer.
(2) The Chairperson and Deputy Chairperson of
the Commission shall be elected by and from the members
of the Commission using such consensual mechanism as
the Commission deems fit.
(3) Subject to the provisions of the next
following paragraph, the office of a member of the Public
Service Commission shall become vacant at the expiration
of three years from the date of his or her appointment or
at such earlier time as may be specified in the instrument
by which he or she was appointed.
(4) The provisions of article 225 (which relate to
removal from office) shall apply to the office of a member
of the Public Service Commission, and for the purposes of
paragraphs (4) and (6) of that article the prescribed
authority shall be the Prime Minister except that, in
relation to a member other than the Chairperson or a
member for the time being acting in the office of
Chairperson under the next following paragraph, the
prescribed authority for the purposes of the said
paragraph (6) shall be the Chairperson.
(5) If the office of Chairperson of the Public
Service Commission is vacant or the holder thereof is for
any reason unable to perform the functions of his or her
office, then the holder of the office of Deputy Chairperson
or if that office is vacant or the holder thereof is for any
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 179
L.R.O. 1/2012

Appointment,
etc., of public
officers.
[5 of 2001]
reason unable to perform the functions of the office of
Chairperson, one of the other members may be elected to
act in the office of Chairperson; and the Deputy
Chairperson or such other member shall continue so to act
until a person has been elected to the office of Chairperson
and has resumed the functions of that office or, as the case
may be, until the Chairperson, or if a member other than
the Deputy Chairperson is acting therein, the Deputy
Chairperson has assumed or resumed those functions.
(6) If the office of a member of the Public
Service Commission other than the Chairperson is vacant
or if the holder thereof is acting as Chairperson under the
preceding paragraph or is for any other reason unable to
perform the functions of his or her office, a person may be
appointed to act in that office and the provisions of
paragraph (1) shall apply to such an appointment as they
apply to the appointment of a person to hold the office of
the member concerned; and any person appointed under
this paragraph shall, subject to the provisions of
paragraph (4), continue to act until a person has been
appointed to the office in which he or she is acting and has
assumed the functions thereof or, as the case may be,
until the holder thereof resumes those functions.
(7) A person shall not, while he or she holds or
is acting in the office of a member of the Public Service
Commission or within a period of three years
commencing with the date on which he or she last held or
acted in that office, be eligible for appointment to or to act
in any office power to make appointments to which is
vested by this Constitution in the President acting in
accordance with the advice of the Public Service
Commission or in that Commission.
201. (1) Subject to the provisions of this
Constitution, the power to make appointments to public
offices and to remove and to exercise disciplinary control
LAWS OF GUYANA
180 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
over persons holding or acting in such offices shall vest in
the Public Service Commission.
(2) The Public Service Commission may, by
directions in writing subject to such conditions as it thinks
fit, delegate any of its powers under the preceding
paragraph to any one or more members of the
Commission or, with the consent of the Prime Minister, to
any public officer, or, in relation to any office on the staff
of the Clerk of the National Assembly, to the Clerk.
(3) No person shall be appointed under this
article to or to act in any office on the personal staff of the
President except with the concurrence of the President.
(4) Before the Public Service Commission or any
member or officer exercising powers under this article
appoints to or to act in any public office any person who
holds or is acting in any office power to make
appointments to which is vested under this Constitution
in the Judicial or the Teaching or the Police Service
Commission, the Public Service Commission or that
member or officer shall consult with the Commission in
which that power is vested.
(5) Before the Public Service Commission or
any member thereof exercises any of the powers
mentioned in paragraph (1) in relation to any office on the
staff of the Clerk of the National Assembly (other than the
Deputy Clerk) or any person holding or acting in such an
office, the Commission or that member shall consult the
Clerk.
(6) A public officer shall not be removed from
office or subjected to any other punishment under this
article on the grounds of any act committed by him or her
in the exercise of a judicial function conferred on him or
her unless the Judicial Service Commission concurs
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 181
L.R.O. 1/2012

Appeals to
Public Service
Commission.
[17 of 1984]
therein.
(7) The provisions of this article shall not apply
in relation to any of the following offices, that is to say –
(a) [Subparagraph (a) repealed by Act
No. 5 of 2001]
(b) the office of Auditor General;
(c) any office to which article 205
applies;
(d) so far as they relate to power to
make appointments on transfer, any
office to which article 206 applies;
(e) any office to which article 199
(relating to offices within the
jurisdiction of the Judicial Service
Commission) applies;
(f) any office to which article 209
(relating to offices within the
jurisdiction of the Teaching Service
Commission) applies ; or
(g) the office of the Commissioner of
Police or any other office in the
Police Force.
202. (1) Where any power of the Public Service
Commission is exercised under article 201(2) any person
in respect of whom the power was exercised (including a
person who has failed to obtain an appointment) may
appeal to the Commission from the decision of the person
exercising the power.
(2) Subject to the other provisions of this
LAWS OF GUYANA
182 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Appoint-
ments, etc., of
Director of
Public
Prosecutions.
[6 of 2001]
Constitution, the decision of the Public Service
Commission on any appeal made under paragraph (1)
shall be final.
203. (1) [Paragraph (1) repealed by Act No. 6 of
2001].
(2) If the office of the Director of Public
Prosecutions (in this article referred to as ‚the Director‛) is
vacant or if the holder thereof is for any reason unable to
perform the functions thereof, the Judicial Service
Commission, may appoint a person to act in the office of
the Director, and any person so appointed shall, subject to
the provisions of paragraphs (4) and (5), continue to act
until a person has been appointed to the office of the
Director and has assumed the functions of the office or, as
the case may be, until the holder thereof has resumed
those functions.
(3) A person shall not be qualified to be
appointed to hold or act in the office of the Director unless
he or she is qualified to be appointed as a Puisne Judge of
the High Court.
(4) Subject to the provisions of the next
following paragraph, the Director shall vacate his or her
office when he or she attains the age of sixty years:
Provided the Judicial Service Commission, may
permit a Director who has attained the age of sixty years
to continue in office until he or she has attained such later
age, not exceeding sixty-five years, as may ( before the
Director has attained the age of sixty years) have been
agreed with the Director.
(5) The provisions of article 255 (which relate to
removal from office) shall apply to the office of the
Director, and the prescribed authority for the purposes of
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 183
L.R.O. 1/2012
Appointment
etc., of
Auditor
General.

Appointments
of Solicitor
General and
paragraph (4) of that article shall be the Chairperson of the
Judicial Service Commission and for the purposes of
paragraph (6) of that article shall be the Judicial Service
Commission.
(6) [ Paragraph (6) repealed by Act No. 6 of
2001]
204. (1) The Auditor General shall be appointed by
the President acting in accordance with the advice of the
Public Service Commission.
(2) If the office of Auditor General is vacant or
the holder of the office is for any reason unable to perform
the functions thereof, the President acting in accordance
with the advice of the Public Service Commission may
appoint a person to act in the office, and any person so
appointed shall, subject to the provisions of paragraphs
(3) and (4), continue to act until a person has been
appointed to the office of the Auditor General and has
assumed the functions of that office or, as the case may be,
until the holder thereof has resumed those functions.
(3) Subject to the provisions of the next
following paragraph the Auditor General shall vacate his
or her office when he or she attains such age as may be
prescribed by Parliament.
(4) The provisions of article 225 (which relate to
the removal from office) shall apply to the office of the
Auditor General, and the prescribed authority for the
purposes of paragraph (4) of that article shall be the Prime
Minister or the Chairman of the Public Service
Commission and for the purposes of paragraph (6) of that
article shall be the Public Service Commission.
205. (1) The power to make appointments to the
offices to which this article applies and to remove from
LAWS OF GUYANA
184 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
others.


Appointments
on transfer
to certain
offices.
office persons holding or acting in such offices shall vest
in the President.
(2) Before making an appointment under
paragraph (1) in favour of any person who holds any
public office other than an office to which this article
applies, the President shall consult the appropriate
Commission.
(3) The offices to which this article applies are
the offices of Solicitor General, Permanent Secretary,
Secretary to the Cabinet, Ambassador, High
Commissioner or other principal representative of Guyana
in any other country or accredited to any international
organisation.
(4) In Paragraph (2) of this article ‚the
appropriate Commission‛ means, in the case of a person
who holds an office power to make appointments to
which is vested in the President acting in accordance with
the advice of the Judicial Service Commission or is vested
in that Commission, the Judicial Service Commission, in
the case of a person who is a teacher in the public service,
the Teaching Service Commission, in the case of a person
who holds an office power to make appointments to
which is vested in the President acting in accordance with
the advice of the Police Service Commission or is vested in
that Commission , the Police Service Commission, and in
any other case the Public Service Commission.
206. (1) The power to make appointments on
transfer to the offices to which this article applies shall
vest in the President.
(2) The offices to which the article applies are –
(a) offices (other than those to which
the preceding article applies) the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 185
L.R.O. 1/2012
Composition
of
Commission.
[17 of 1984
5 of 2001]
holders of which are required to
reside outside Guyana for the
proper discharge of their functions ;
and
(b) such offices in the department
responsible for the external affairs of
Guyana as may from time to time be
designated by the President.
THE TEACHING SERVICE COMMISSION
207. (1) The Teaching Service Commission shall
consist of seven members.
(2) Six of the members of the Commission
(hereinafter referred to as ‚appointed members‛) shall be
appointed as follows –
(a) [Subparagraph (a) repealed by Act
No. 5 of 2001]
(b) one person appointed by the
President on the nomination of the
Guyana Teachers’ Association;
(c) two persons nominated for
appointment by the Minister
assigned responsibility for local
government after that Minister has
consulted with local democratic
organs or bodies ; and
(d) three persons appointed by the
President after meaningful
consultation with the Leader of the
Opposition.
LAWS OF GUYANA
186 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Vacation of
office of
appointed
member
(3) The other member of the Commission shall
be the Chief Education Officer.
(4) The Chairperson and the Deputy
Chairperson of the Commission shall be elected by and
from the members of the Commission using such
consensual mechanism as the Commission deems fit.
(5) A person shall be disqualified for
appointment as an appointed member of the Commission
if he or she is a public officer.
(6) A person shall not while he or she is holding
or is acting in the office of a member of the Commission or
within three years commencing with the date on which he
or she last held or acted in that office be eligible for
appointment as a teacher in the public service.
(7) The Chairperson, the Deputy Chairperson
and one other member designated as such in the
instrument appointing him or her shall be full-time
members of the Commission.
(8) The President may grant leave of absence to
any appointed member of the Commission.
(9) An appointed member of the Commission
may at any time resign his or her office as such member
by writing under his or her hand addressed to the
President.
(10) An appointed member of the Commission
shall be eligible for re-appointment.
208. (1) Subject to the provisions of this article, the
office of an appointed member of the Commission shall
become vacant at the expiration of three years from the
date of his or her appointment or at such earlier time as
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 187
L.R.O. 1/2012
of the
Commission.

Appointment
of teachers.
[17 of 1984 ]
may be specified in the instrument by which he or she was
appointed.
(2) The provisions of article 225 (which relate to
removal from office) shall apply to the office of an
appointed member of the Teaching Service Commission,
and for the purposes of paragraphs (4) and (6) of that
article the prescribed authority shall be the Prime
Minister, except that, in relation to a member other than
the Chairman of the Commission or a member for the time
being acting in the office of Chairman, the prescribed
authority for the purposes of the said paragraph (6) shall
be the Chairman of the Commission.
(3) The provisions of paragraph (2) shall be
without prejudice to the power of the President to revoke
the appointment of a member of the Commission
appointed under paragraph (2) (b) of article 207 on a
request being made for such revocation to the President
by the Guyana Teachers Association.
209. (1) Subject to the provisions of this
Constitution, the power to appoint persons as teachers in
the public service and to remove and to exercise
disciplinary control over persons holding or acting in such
offices shall vest in the Teaching Service Commission.
(2) The Teaching Service Commission may, by
directions in writing and subject to such conditions as it
thinks fit, delegate any of its powers under paragraph (1)
to any one or more of its members or, with the consent of
the Prime Minister, to any public officer.
(3) Where any power of the Teaching Service
Commission is exercised under paragraph (2), any person
in respect of whom the power was exercised (including a
person who has failed to obtain an appointment) may
appeal to that Commission from the decision of the person
LAWS OF GUYANA
188 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Composition
of
Commission.
[5 of 2001]
exercising the power.
(4) Subject to the other provisions of this
Constitution, the decision of the Teaching Service
Commission on any appeal made under paragraph (3)
shall be final.
THE POLICE SERVICE COMMISSION
210. (1) The Police Service Commission shall consist
of –
(a) a Chairman appointed by the
President acting after meaningful
consultation with the Leader of the
Opposition from among members
appointed under subparagraph (c);
(b) the Chairman of the Public Service
Commission;
(c) four members appointed by the
President upon nomination by the
National Assembly after it has
consulted such bodies as appear to it
to represent the majority of the
members of the Police Force and
any other such body it deems fit:
Provided that a person should be disqualified for
appointment as a member of the Commission if he or she
is a public officer.
(2) Subject to the provisions of the next
following paragraph, the office of an appointed member
of the Police Service Commission shall become vacant at
the expiration of three years from the date of his or her
appointment or at such earlier time as may be specified in
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 189
L.R.O. 1/2012

Appointment,
etc., of
Commission-
er of Police
and Deputy
the instrument by which he or she was appointed.
(3) The provisions of article 225 (which relate
to removal from office) shall apply to the office of an
appointed member of the Police Service Commission. In
the case of an appointed member other than the
Chairman, the prescribed authority for the purposes of
paragraph (4) of that article shall be the Prime Minister or
the Chairman and for the purposes of paragraph (6) of
that article shall be the Chairman. In the case of the
Chairman the prescribed authority for the purposes of
paragraphs (4) and (6) of article 225 shall be the Prime
Minister.
(4) If the office of an appointed member of the
Police Service Commission is vacant or if the holder
thereof is for any reason unable to perform the functions
of his or her office, the President, acting after meaningful
consultation with the Leader of the Opposition, may
appoint a person who is qualified to be appointed as a
member of the Commission to act in that office; any
person so appointed shall, subject to the provisions of
paragraph (3), continue to act until a person has been
appointed to the office in which he or she is acting and has
assumed the functions thereof or as the case may be, until
the holder thereof resumes those functions.
(5) A person shall not, while he or she holds or
is acting in the office of an appointed member of the
Police Service Commission or within a period of three
years commencing with the date on which he or she last
held or acted in that office, be eligible for appointment to
or to act in any public office.
211. (1)The Commissioner of Police and every
Deputy Commissioner of Police shall be appointed by the
President acting after meaningful consultation with the
Leader of the Opposition and Chairperson of the Police
LAWS OF GUYANA
190 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Commission-
ers.
[5 of 2001]
Service Commission after the Chairperson has consulted
with the other members of the Commission.
(2) If the office of Commissioner of Police is
vacant or if the holder thereof is for any reason unable to
perform the functions of his or her office, a person may be
appointed to act in that office and the provisions of the
preceding paragraph shall apply to such an
appointment as they apply to the appointment of a person
to hold that office; and any person appointed to act in the
office of Commissioner of Police shall, subject to the
provisions of paragraphs (3) and (4), continue to act until
a person has been appointed to that office and has
assumed the functions thereof or, as the case may be, until
the holder thereof resumes those functions .
(3) Subject to the provisions of the next
following paragraph, the Commissioner of Police shall
vacate his or her office when he or she attains such age as
may be prescribed by Parliament.
(4) The provisions of article 225 (which relate to
the removal from office) shall apply to the office of the
Commissioner of Police, and the prescribed authority for
the purposes of paragraph (4) of that article shall be the
Prime Minister or the Chairman of the Police Service
Commission and for the purposes of paragraph (6) of that
article shall be the Police Service Commission.
(5) The provisions of article 229 shall apply to
resignation from the office of Commissioner of Police as
they apply to resignation from an office established by this
Constitution.
(6) In this article references to the office of
Deputy Commissioner of Police are references to the
office, however styled, that ranks next in seniority in the
Police Force after the office of Commissioner of Police:
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 191
L.R.O. 1/2012

Appointment,
etc. of other
members of
Police Force
Provided that there may be more than one office
of Deputy Commissioner of Police and that, if there are
more than one such office, the holders thereof shall rank
among themselves according to the dates of their
respective appointments.
212.(1) Subject to the provisions of article 211 (1),
the power to make appointments to any offices in the
Police Force of or the above the rank of Inspector, the
power to exercise disciplinary control over persons
holding or acting in such offices and the power to remove
such persons from office shall vest in the Police Service
Commission.
(2) The Police Service Commission may, by
directions in writing and subject to such conditions as it
thinks fit, delegate any of its powers under the preceding
paragraph to any one or more of the members of the
Commission or to the Commissioner of Police or, in the
case of the power to exercise disciplinary control, to any
other member of the Police Force.
(3) The power to make appointments to any
offices in the Police Force below the rank of Inspector,
the power to exercise disciplinary control over persons
holding or acting in such offices and the power to remove
such persons from office shall vest in the Commissioner
of Police.
(4) The Commissioner of Police may, by
directions given in such manner as he or she thinks fit and
subject to such conditions as he or she thinks fit, delegate
any of his or her powers under the preceding paragraph to
any other member of the Police Force.
(5) Parliament may provide that, where the
power to exercise disciplinary control over any member of
LAWS OF GUYANA
192 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

the Police Force (including the power to remove him from
office) has been exercised under this article by any
person (hereinafter referred to as ‚the disciplinary
authority‛) other than the Police Service Commission, the
member of the Police Force in respect of whom it was
exercised may appeal from the decision of the disciplinary
authority to the Police Service Commission :
Provided that Parliament, or in the case of a decision
of the disciplinary authority that is made in the exercise of a
power delegated to that authority under the preceding
paragraph, the Commissioner of Police may require appeals
to be made to the Commissioner of Police or a member of
the Police Force of higher rank that the disciplinary
authority before they are made to the Police Service
Commission.
(6) Parliament may make provision with respect
to offences against Police Force discipline and the
punishment that may be imposed for any such offence, and
any power to exercise disciplinary control (including any
power to remove a person from office) or to determine an
appeal from a decision to exercise such a power that is
exercisable by any person or authority under the provisions
of this article shall be exercised in accordance with any such
provision.
(7) Before the Police Service Commission or any
member of the Commission or of the Police Force exercising
powers under this article appoints to or to act in an office in
the Police Force any person who holds or is acting in any
office power to make appointments to which is vested
under this Constitution in the Judicial, the Public or the
Teaching Service Commission, the Police Service
Commission or that member shall consult the Commission
in which that power is vested.
(8) If provision is made under any law –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 193
L.R.O. 1/2012

c.16:01

Ethnic
Relations
Commission.
[11 of 2000]
Composition
of Ethnic
Relations
Commission.
[11 of 2000]
(a) alerting the ranks into which the
Police Force established by the Police
Act is divided; or
(b) establishing a police force other
than that Police Force, or alerting the
ranks into which any other police
force is divided,
the Police Service Commission may by order specify some
rank (other than the rank of Inspector) in the Police Force or,
as the case may be, in that other police force as being
equivalent to the rank of Inspector as it exists in the Police
Force under the law in force immediately before the
commencement of this Constitution and the references in
paragraphs (1) and (3) to the rank of Inspector shall then be
construed as if they were in relation to the Police Force, or,
as the case may be, in relation to that other police force,
references to the rank for the time being so specified.
212A. There shall be an Ethnic Relations Commission.
212B.(1) The Ethnic Relations Commission shall
consist of –
(a) not less than five nor more than
fifteen members nominated by
entities, by a consensual mechanism
determined by the National
Assembly, including entities,
representative of religious bodies, the
labour movement, the private
business sector, youth and women,
after the entities are determined by
the votes not less than two - thirds of
LAWS OF GUYANA
194 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
all elected members of the National
Assembly;
(b) a member who shall be a nominee,
without the right to vote, chosen by
and from each of the following
commissions to be established under
this Constitution, Indigenous People’s
Commission, Women and Gender
Equality Commission, Commission
for the Rights of the Child and
Human Rights Commission.
(2) The Chairperson and Deputy Chairperson of the
Ethnic Relations Commission shall be elected by and from
the members of the Commission, other than the members
mentioned in paragraph (1)(b), using such consensual
mechanism as the Commission deems fit.
(3) Subject to paragraph (4) (a), members of the
Ethnic Relations Commission shall be appointed for three
years and shall be eligible for re-appointment.
(4) (a) Of those members first appointed under paragraph (1) (a), a majority shall hold office for four years.
(b) Of those members nominated under
paragraph (1) (b), the duration which
each shall serve shall, subject to
paragraph (3), be determined by the
Commission by and from which that
member is nominated.
(5) The Ethnic Relations Commission shall
establish a secretariat comprising its officers and
employees.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 195
L.R.O. 1/2012
(6) The Ethnic Relations Commission shall
appoint a Chief Executive Officer, who shall serve as a
Secretary, and such other officers and employees as may
be necessary for the efficient discharge of its functions, on
such terms and conditions as may be determined by the
Commission, save that the remuneration of the officers
and employees shall be subject to the approval of the
National Assembly.
(7) The provisions of article 225 shall apply to the
office of a member of the Ethnic Relations Commission,
and for the purposes of paragraphs (4) and (6) of that
article the prescribed authority shall be the Speaker of the
National Assembly except that, in relation to a member
other than the Chairperson of the Ethnic Relations
Commission or a member for the time being acting in the
office of the Chairperson under the next following
paragraph, the prescribed authority for the purposes of
the said paragraph (6) shall be the Chairperson of the
Ethnic Relations Commission.
(8) If the office of the Chairperson of the Ethnic
Relations Commission is vacant or the holder thereof is for
any reason unable to perform the functions of his or her
office, then the holder of the office of the Deputy
Chairperson, or if that office is vacant or the holder
thereof is for any reason unable to perform the functions
of the office of Chairperson, such one of the other
members, other than a member nominated under
paragraph (1)(b), as the Commission may appoint, shall
act in the office of Chairperson; and the Deputy
Chairperson or such other member shall continue so to
act until a person has been appointed to the office of
Chairperson and has assumed the functions of that office
or, as the case may be, until the Chairperson, or if a
member other than the Deputy Chairperson is acting
therein, the Deputy Chairperson has assumed or resumed
LAWS OF GUYANA
196 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Ethnic
Relations
Commission
Tribunal.
[11 of 2000]

Functions of
the Ethnic
Relations
those functions.
(9) If the office of a member of the Ethnic
Relations Commission, other than the Chairperson, is
vacant or if the holder thereof is acting as Chairperson
under the preceding paragraph or is for any other reason
unable to perform the functions of his or her office, a
person may be appointed to act in that office and the
provisions of paragraph (1) shall apply to such an
appointment as they apply to the appointment of a person
to hold the office of the member concerned; and any
person appointed under this paragraph shall, subject to
the provisions of paragraph (7), continue to act until a
person has been appointed to the office in which he or she
is acting and has assumed the functions thereof or, as the
case may be, until the holder thereof resumes those
functions.
212C. Parliament may by law provide for the
establishment of an Ethnic Relations Commission Tribunal
and such law may make provision for –
(a) the constitution of the Tribunal;
(b) all matters relating to the
jurisdiction, powers and duties of
the Tribunal;
(c) all matters relating to appeals from
decisions of the Tribunal including a
right of appeal to the Court of
Appeal on the points of law; and
(d) the practice and procedure of the
Tribunal.
212D. The functions of the Ethnic Relations
Commission are to –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 197
L.R.O. 1/2012
Commission.
[11 of 2000]
(a) provide equality of opportunity
between persons of different ethnic
groups and to promote harmony
and good relations between such
persons;
(b) promote the elimination of all forms
of discrimination on the basis of
ethnicity;
(c) discourage and prohibit persons,
institutions, political parties and
associations from indulging in,
advocating or promoting
discrimination or discriminatory
practices on the ground of ethnicity;
(d) foster a sense of security among all
ethnic groups by encouraging and
promoting the understanding,
acceptance and tolerance of
diversity in all aspects of national
life and promoting full participation
by all ethnic groups in the social,
economic, cultural and political life
of the people;
(e) promote educational and training
programmes and research projects
which provide for and encourage
ethnic peace and harmony;
(f) encourage and create respect for
religious, cultural and other forms
of diversity in a plural society;
(g) promote arbitration, conciliation,
LAWS OF GUYANA
198 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
meditation and like forms of dispute
resolution in order to secure ethnic
harmony and peace;
(h) establish mechanisms and
procedures for arbitration,
conciliation, mediation and like
forms of dispute resolution that
would ensure ethnic harmony and
peace;
(i) recommend to the National
Assembly criteria to be considered
for the purposes of deciding
whether any person has committed
acts of discrimination on the
ground of ethnicity;
(j) investigate complaints of racial
discrimination and make
recommendations on the measure to
be taken if such complaints are
valid, and where there is
justification therefor, refer matters to
the Human Rights Commission or
other relevant authorities for further
action to be taken;
(k) monitor and review all legislation
and all administrative acts or
omissions relating to or having
implications for ethnic relations and
equal opportunities and, from time
to time, prepare and submit
proposals for revision of such
legislation and administrative acts
and omissions;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 199
L.R.O. 1/2012
(l) immediately report to the National
Assembly and to all relevant
authorities any proposed legislation
which the Commission thinks may
be contrary to the constitutional
provisions relating to ethnicity;
(m) promote equal access by persons of
all ethnic groups to all public or
other services and facilities
provided by the Government or
other bodies;
(n) promote and encourage the
acceptance and respect by all
segments of the society of the social
identity and cultural inheritance of
all ethnic groups;
(o) promote cooperation between all
bodies concerned with the fostering
of harmonious ethnic relations;
(p) investigate on its own accord or on
request from the National Assembly
or any other body any issues
affecting ethnic relations;
(q) identify and analyse factors
inhibiting the attainment of
harmonious relations between
ethnic groups, particularly barriers
to the participation of any ethnic
group in social, economic,
commercial, financial, cultural and
political endeavours and
recommend to the National
LAWS OF GUYANA
200 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Assembly and any other relevant
public or private sector bodies how
these factors should be overcome;
(r) monitor and report to the National
Assembly on the status and success
of implementation of its
recommendations;
(s) study and make recommendations
to the National Assembly on any
issue relating to ethnic affairs,
including conducting studies to
determine whether race relations
are improving;
(t) monitor and make
recommendations to the National
Assembly and other relevant public
and private sector bodies on factors
inhibiting the development of
harmonious relations between
ethnic groups and on barriers to the
participation of all ethnic groups in
social, economic, commercial,
financial, cultural and political life
of the people;
(u) consult with other bodies and
persons to determine and specify
the perceived needs of various
ethnic groups for the fostering of the
harmonious relations;
(v) train and enlist the aid of such
persons and acquire such facilities
as the Commission deems necessary
to accomplish its functions;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 201
L.R.O. 1/2012

Reports.
[11 of 2000]
(w) make recommendations on penal-
ties, including the prevention of any
political party or any person from
participating in elections for a
specified period, to be imposed for
any breach of the provisions of this
Constitution or any law dealing
with ethnicity;
(x) do all other acts and things as
may be necessary to facilitate the
efficient discharge of the functions
of the Commission.
212E. (1) As soon as practicable after the end of each
financial year of its operation, the Ethnic Relations
Commission shall submit to the Speaker of the National
Assembly an annual report of the activities of the
Commission for the preceding year and the report shall be
laid before the Assembly within thirty days of its
submission if the Assembly is sitting, and if the Assembly
is not sitting, at the first meeting on the resumption of the
Assembly.
(2) The Chairperson of the Ethnic Relations
Commission may at any time submit a special report to
the Speaker to the National Assembly with respect to any
aspect of the functions of the Commission which the
Commission considers should in the national interest be
bought to the attention of the Assembly because it affects
a wide cross section of the populace and there could be
disastrous consequences if a report thereon is not brought
to the attention of the Assembly.
(3) The Commission shall prepare and
publish an executive summary of its annual report; and
shall publish every special report in the media, having
LAWS OF GUYANA
202 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Rules.
[11 of 2000]

Rights
Commissions.
[5 of 2001]
wide accessibility, within forty-five days of the
submission of such special report of the National
Assembly.
212F.(1) Subject to the approval of the National
Assembly, the Ethnic Relations Commission shall make
rules relating to the procedure of the Commission and to
such administrative and managerial matters relating to the
procedure of the Commission as it thinks fit; and until
such rules relating to the procedure are made, the
Commission shall regulate its own procedure.
(2) Except paragraphs (2), (6) and (7) and the
provisos to paragraphs (4) and (5), the provisions of article
226 shall mutatis mutandis apply to the Ethnic Relations
Commission.
THE RIGHTS COMMISSIONS
COMMISSIONS FOR THE PROMOTION AND
ENHANCEMENT OF THE FUNDAMENTAL RIGHTS
AND THE RULE OF LAW
212G. (1) There are hereby established the
following Commissions, the goals of which are to
strengthen social justice and the rule of law –
(a) the Human Rights Commission;
(b) the Women and Gender Equality
Commission;
(c) the Indigenous Peoples'
Commission;
(d) the Rights of the Child Commission
(2) A Commission shall be independent,
impartial, and shall discharge its functions fairly.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 203
L.R.O. 1/2012

Appointment.
[5 of 2001]
(3) A Commission shall be funded by a direct
charge upon the Consolidated Fund in accordance with
article 222A.
212H.(1) Subject to paragraph (2)(a), members of a
Commission shall be appointed for three years and shall
be eligible for re-appointment.
(2) Of those members –
(a) first appointed, other than the
members nominated by and from
another Commission, a majority
shall hold office for four years;
(b) nominated by and from another
Commission, the duration for which
each shall serve shall not exceed the
remaining tenure on the
Commission by and from which
they have been nominated;
(3) The provisions of article 225 shall apply to
the office of a member of a Commission, and for the
purposes of paragraphs (4) and (6) of that article the
prescribed authority shall be the Speaker of the National
Assembly except that, in relation to a member other than
the Chairperson or a member for the time being acting in
the office of the Chairperson under paragraph (5), the
prescribed authority for the purposes of paragraph (6)
shall be the Chairperson; this paragraph does not apply to
the Chairperson of the Human Rights Commission.
(4) The Chairperson and the Deputy Chairperson
of a Commission, other than the Human Rights
Commission, shall be elected by and from the members of
the Commission, other than the members nominated by
LAWS OF GUYANA
204 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Secretariat.
[5 of 2001]
and from another Commission, using such consensual
mechanism as the Commission deems fit.
(5) If the office of Chairperson of a Commission,
other than the Human Rights Commission, becomes
vacant or the holder thereof is for any reason unable to
perform the functions of the office, then the holder of the
office of the Deputy Chairperson, or if that office is vacant,
or the holder thereof is for any reason unable to perform
the functions of the office of the Chairperson, one of the
other members, other than the members nominated by
and from another Commission, may be elected to act in
the office of Chairperson; and the Deputy Chairperson or
such other member shall continue to act until a person has
been elected to the office of the Chairperson and has
assumed the functions of that office or, as the case may be,
until the Chairperson or if a member other than the
Deputy Chairperson is acting therein , the Deputy
Chairperson has assumed or resumed those functions.
(6) If the office of a member of a Commission
other than the Chairperson is vacant or if the holder
thereof is acting as Chairperson under the preceding
paragraph or is for any other reason unable to perform the
functions of his or her office, a person may be appointed
to act in that office and the provisions in relation of the
appointment of members of a Commission shall apply to
such an appointment as they apply to the appointment of
a person to hold the office of the member concerned; and
any person appointed under this paragraph shall, subject
to the provisions of paragraph (3), continue to act until a
person has been appointed to the office in which he or she
is acting and has assumed the functions thereof or, as the
case may be until the holder thereof resumed those
functions.
212I. The Human Rights Commission Secretariat
shall be the Secretariat for all the Commissions established
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 205
L.R.O. 1/2012

General
functions.
[5 of 2001]
under article 212G (1).
212J. (1) In addition to the functions prescribed by
this Constitution, the functions of a Commission, may be
provided for by law; any addition thereto in the
Constitution shall be approved by the votes of a majority
of all the elected members of the National Assembly but
the removal or variation of any function shall be by the
votes of not less than two-thirds of such members.
(2) A Commission, other than the Human
Rights Commission, shall have the following general
functions –
(a) to monitor and review all existing
and proposed legislation, policies
and measure for compliance with
the objects and matters under its
purview and report the need for
any amendment to any legislation
to the National Assembly;
(b) to educate the public
regarding the nature and content
of matters under its purview;
(c) to carry out or cause to be
carried out research and studies
concerning the observance of
matters under its purview and
report the findings and
recommendations thereon to the
National Assembly;
(d) to investigate complaints of, or
initiate investigations into,
violations of the rights under its
purview;
LAWS OF GUYANA
206 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(e) to resolve disputes or rectify acts
or omissions by mediation,
conciliation or negotiation;
(f) to take appropriate action on
behalf of persons whose rights have
been, are being , or are likely to be
violated;
(g) to liaise with government and
non-governmental organisations,
and other relevant bodies to
address the complaints and
concerns of persons regarding
matters under its purview;
(h) to enlist the aid of such persons as
may be necessary to give expert
advice in order to facilitate its
functions;
(i) to prepare and submit reports to the
National Assembly pertaining to
any convention, covenant or charter
relating to the objects of a
Commission ; and
(j) to do all other acts and things as
may be necessary to facilitate the
efficient discharge of its functions.
(3) A Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate any
of its functions to any one or more members of the
Commission, or such officers of the Commission as the
Commission may determine.
(4) A Commission may require any person or
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 207
L.R.O. 1/2012


Rights
Commissions
Tribunal.
[5 of 2001]

any entity, including a ministry or government
department, to provide it with information –
(a) for the purpose of any investigation
it is carrying out or proposes to
carry out; and
(b) on the measures that have been or
are being taken for the
implementation of the decisions of,
or the compliance, with any
provision relating to the
Commission.
(5) For the purposes of paragraph (4),
Parliament may by law make provision for offences and
penalties for non-compliance with any requirement, or
decision of, or provision relating to a Commission.
(6) A Commission may at any stage refer any
matter to the Human Rights Commission or any other
relevant authority or entity to be dealt with.
212K. Parliament may by law provide for the
establishment of a Rights Commissions Tribunal and such
law may make provision for –
(a) the Constitution of the Tribunal;
(b) all matters relating to the
jurisdiction, powers and duties of
the Tribunal;
(c) all matters relating to appeals from
decisions of the Tribunal to the
Court of Appeal; and
(d) the practice and procedure of the
Tribunal
LAWS OF GUYANA
208 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Appeals.
[5 of 2001]

Reports.
[5 of 2001]
212L. (1) A decision of a Commission is subject to an
appeal to the Rights Commissions Tribunal.
(2) A decision of the Rights Commissions
Tribunal is subject to an appeal to the Court of Appeal.
212M. (1) As soon as practicable after the end of each
year of its operation, a Commission shall submit to the
National Assembly an annual report of the activities of the
Commission during the preceding year and the report
shall be tabled in the Assembly within thirty days of its
submission if the National Assembly is sitting, if not, at
the first meeting of the Assembly thereafter.
(2) The Chairperson of a Commission may at
any time submit a special report to the National Assembly
with respect to any aspect of the functions of a
Commission which the Commission considers should, in
the national interest, be brought to the attention of the
National Assembly.
(3) For the purposes of paragraph (2) a matter
is of national interest if –
(a) it affects a wide cross-section of the
populace; and
(b) disastrous consequences would
result if a report on the matter were
not brought to the attention of the
National Assembly.
(4) A Commission shall prepare and publish an
executive summary of its annual report; provided that
each special report shall be published in media having
wide accessibility in Guyana within forty-five days of its
submission to the National Assembly.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 209
L.R.O. 1/2012

Human
Rights
Commission.
[5 of 2001]
THE HUMAN RIGHTS COMMISSION
212N.(1) The Human Rights Commission shall
promote the observance of and respect for, and protect
and investigate violations of the rights recognised by this
Constitution and any other law relating to equality of
opportunity and treatment (hereinafter referred to as ‚the
rights‛).
(2) The Human Rights Commission shall consist
of a full time Chairperson and such other members, to be
appointed in accordance with this article.
(3) The Chairperson of the Human Rights
Commission shall be a person who holds or has held
office as a judge of a court having unlimited jurisdiction in
civil and criminal matters in some part of the
Commonwealth or a court having jurisdiction in appeals
from such court or who is qualified to be appointed as any
such judge, or any other fit and proper person with
expertise or experience in human rights matters, to be
appointed by the President from a list, not unacceptable
to the President, of six person submitted by the Leader of
the Opposition after meaningful consultation with such
entities as appear to him or her to have expertise or
experience in human rights matters:
Provided that if the Leader of the Opposition fails to
supply such a list to the President, the President shall
request him or her to do so within a stated period, failing
which the President shall in his or her own deliberate
judgment, appoint a person who holds or has held office
as a judge of a court having unlimited jurisdiction in civil
and criminal matters in some part of the Commonwealth
or a court having jurisdiction in appeals from any such
court or who is qualified to be appointed as any such
judge.
LAWS OF GUYANA
210 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Functions of
the
Human
Rights
Commission
[5 of 2001]

(4) In addition to the Chairperson, there shall be
four members of the Commission who shall be the
Chairpersons of the Ethnic Relations Commission, Women
and Gender Equality Commission, Indigenous Peoples’
Commission and Rights of the Child Commission.
(5) The Deputy Chairperson of the Human
Rights Commission shall be elected by and from the other
members of the Commission using such consensual
mechanism as the Commission deems fit.
(6) If the office of Chairperson of the
Commission becomes vacant, or the holder thereof is for
any reason unable to perform the functions of the office,
then the holder of the office of the Deputy Chairperson, or
if that office is vacant or the holder thereof is for any
reason unable to perform the functions of the office of
Chairperson, one of the other members may be elected to
act in the office of Chairperson; and the Deputy
Chairperson or such other member shall continue so to
act until a person has been appointed to the office of
Chairperson and has assumed the functions of that office
or, as the case maybe, until the Chairperson or if a
member other than the Deputy Chairperson is acting
therein, the Deputy Chairperson has assumed or resumed
those functions.
(7) The President may, with the concurrence of
the Leader of the Opposition, remove the Chairperson
from office.
212O. (1) The functions of the Human Rights
Commission are to –
(a) monitor the observance of the
international instruments to which
the Government accedes from time
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 211
L.R.O. 1/2012
Fourth
Schedule
to time, including those already
acceded to and specified in the
Fourth Schedule;
(b) monitor and assess compliance
with the rights and report the need
for any amendment of the law
relating thereto to the National
Assembly;
(c) educate the public regarding the
nature and content of the rights;
(d) make recommendations to any
person or any entity, including a
ministry or government
department, relating to matters
affecting compliance with and
adoption of measures for the
promotion of the rights;
(e) carry out or cause to be carried out
research and studies concerning the
observance of the rights and report
the findings and recommendations
thereon to the National Assembly;
(f) monitor and review all existing and
proposed legislation, policies and
measures for compliance with the
rights and report the need for any
amendment to any legislation to the
National Assembly;
(g) investigate complaints of, or
initiate investigations into,
violations of the rights;
LAWS OF GUYANA
212 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
(h) resolve disputes or rectify acts or
omissions by mediation,
conciliation or negotiation;
(i) liaise with governmental and non-
governmental organisations, and
other relevant bodies to address the
complaints and concerns of persons
regarding matters under its
purview;
(j) take appropriate action on behalf of
persons whose rights have been, are
being or are likely to be violated;
(k) enlist the aid of such persons as
may be necessary to give expert
advice in order to facilitate its
functions;
(l) establish as part of its Secretariat,
such units as are necessary for, inter
alia, the purpose of monitoring
compliance with the laws relating to
the rights, and for educating
employers in the public and private
sector and the general public on
desirable employment practices;
(m) prepare and submit reports to the
National Assembly pertaining to
any convention, covenant or charter
relating to the objects of the
Commission ; and
(n) do all other acts and things as may
be necessary to facilitate the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 213
L.R.O. 1/2012

Secretariat.
[5 of 2001]
efficient discharge of the functions
of the Commission.
(2) If any person alleges that any of the rights
has been, is being or is likely to be contravened in relation
to him or her, then, without prejudice to any other action
which is lawfully available to him or her, with respect to
the same matter, the Commission shall have the power to
institute legal action on behalf of the complainant for
redress.
212P. (1) Each Commission established under article
212G(1) shall appoint on such terms and conditions as
may be approved by the National Assembly, a Chief
Executive Officer (who shall serve as its Secretary), and
the secretary and assistants to the Chief Executive Officer.
(2) The Human Rights Commission shall be
responsible for the efficient functioning of the Secretariat
of the Commissions, which shall comprise –
(a) the Chief Executive Officers of
the Commissions who shall be
Directors in the Secretariat;
(b) the secretaries and assistants to the
Chief Executive Officers; and
(c) other officers and employees, as
may be necessary for the efficient
discharge of the functions of the
Secretariat, who shall be appointed
on such terms and conditions as
may be determined by the
Commission.
(3) The Secretariat shall be subdivided into four
units, there being a unit for each Commission dealing with
LAWS OF GUYANA
214 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Women
and Gender
Equality
Commission.
[5 of 2001]
issues under the purview of that Commission and headed
by its Chief Executive Officer.
(4) Before a Commission appoints to act in any
office referred to in paragraph (1) or (2) any person who
holds or is acting in any office, power to make
appointments to which is vested under this Constitution in
the Judicial, the Teaching, the Police or the Public Service
Commission, the Commission shall first seek and obtain
the approval of the Commission in which that power is
vested.
(5) Where a public officer is appointed to an office
referred to in paragraph (1) or (2) that officer shall, subject
to the said paragraph (1) or (2), remain a public officer
unless the appointing Commission determines that that
office shall be independent of the Commission from which
he or she has been appointed.
(6) Nothing in this article shall be construed as
precluding a Commission from appointing any person
who is not a public officer to an office referred to in
paragraph (1) or (2).
(7) The emoluments and allowances payable to the
members of a Commission shall be proposed by the
Parliamentary Sectoral Committee for Social Services in
consultation with the Commission and approved by the
National Assembly.
THE WOMEN AND GENDER EQUALITY COMMISSION
212Q. (1) The Women and Gender Equality
Commission shall promote national recognition and
acceptance that women’s rights are human rights, respect
for gender equality and the protection, development and
attainment of gender equality.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 215
L.R.O. 1/2012

Functions of
the Women
and Gender
Equality
Commission.
[5 of 2001]
(2) The Women and Gender Equality
Commission shall consist of persons from each of the
categories referred to in subparagraphs (a) ,(b) and (c),
appointed by the President as follows –
(a) not less than five nor more than
fifteen members, with expertise in
women’s and gender equality
issues, nominated by entities, by a
consensual mechanism determined
by the National Assembly, after the
entities which shall include the
Women’s Advisory Committee of
the Trade Union Congress, are
determined by the votes of not less
than two-thirds of all the elected
members of the National Assembly;
(b) the Administrator of the Women’s
Affairs Bureau, by whatever name
that office is designated; and
(c) a member who shall be a nominee,
without the right to vote, chosen by
and from each of the following
commissions: the Human Rights
Commission, Ethnic Relations
Commission, Indigenous Peoples’
Commission, and Rights of the
Child Commission.
212R. In addition to the functions specified in article
212J(2), the functions of the Women and Gender Equality
Commission are to –
(a) promote the issues related to the
enhancement of the status of
LAWS OF GUYANA
216 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
women, girls and gender issues;
(b) promote the integration of women’s
needs and interests and
mainstreaming of gender issues;
(c) promote the empowerment of
women;
(d) promote women’s rights as human
rights;
(e) raise the awareness of the
contribution of women and
problems faced by women
including the recognition and
value of unwaged work;
(f) promote women’s needs, interests,
and concerns in the wider spectrum
of economic and social development
and address both the practical and
strategic needs of women as being
different from those of men;
(g) educate and monitor employers
and the public on desirable
employment practices in relation to
women;
(h) monitor compliance and make
recommendations for the
compliance with international
instruments to which the
Government accedes from time to
time, including those already
acceded to and which relate to the
purpose of the Commission;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 217
L.R.O. 1/2012
(i) evaluate any system of personal and
family law, customs and practices
or any law likely to affect gender
equality or the status of women and
make recommendations to the
National Assembly with regard
thereto;
(j) recommend and promote the
implementation of legislation and
the formulation of policies and
measures so as to enhance and
protect the status of women;
(k) promote, initiate or cause to be
carried out research and the
creation of databases on women
and gender related issues including
those of health, especially
reproductive health, violence
against women and the family, and
their socio-economic and political
status, as the Commission may
deem relevant or as may be referred
to it by the National Assembly;
(l) promote consultation and
cooperation with women’s
organisations in relation to decision-
making that affects the lives of
women;
(m) recommend training and technical
assistance to support initiatives by
and for women and girls; and
(n) promote the participation of
LAWS OF GUYANA
218 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Indigenous
Peoples’
Commission.
[5 of 2001]
women in national decision-
making.
THE INDIGENOUS PEOPLES’ COMMISSION
212S. (1) The Indigenous Peoples’ Commission shall
establish mechanisms to enhance the status of indigenous
peoples and to respond to their legitimate demands and
needs.
(2) The Indigenous Peoples’ Commission shall
consist of persons of the categories referred to in sub-
paragraphs (a) , (b) and (c) appointed by the President as
follows –
(a) not more than ten members
nominated by entities, by a
consensual mechanism determined
by the National Assembly, after the
entities are determined by the votes
of not less than two-thirds of all
elected members of the National
Assembly;
(b) three persons, at least one being a
woman nominated by the Toshaos
Council and two persons including
one woman nominated by
Amerindian organisations deter-
mined by the votes of not less than
two-thirds of all elected members of
the National Assembly ; and
(c) a member who shall be a nominee,
without the right to vote, chosen by
and from each of the following
Commissions: the Human Rights
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 219
L.R.O. 1/2012

Functions of
the Indigenous
Peoples’
Commission.
[5 of 2001]
Commission, Ethnic Relations
Commission, Women and Gender
Equality Commission and the
Rights of the Child Commission.
212T. In addition to the functions specified in article
212J (2) the functions of the Indigenous Peoples’
Commission are to –
(a) promote and protect the rights of
the indigenous peoples;
(b) raise awareness of the contribution
of, and problems faced by,
indigenous peoples;
(c) promote empowerment of the
indigenous peoples, especially with
regard to the village council in the
local government system and the
scope and authority of the Council
of Toshaos;
(d) make recommendations on
economic and education policies to
advance the interest of the
indigenous peoples;
(e) make recommendations for the
protection, preservation and
promulgation of the cultural
heritage and language of the
indigenous peoples;
(f) promote consultation and
cooperation with indigenous
peoples especially with regard to
their participation in national
LAWS OF GUYANA
220 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Rights of the
Child
Commission.
[5 of 2001]
decision-making and other
decisions that affect their lives;
(g) recommend and promote training
and technical assistance to support
initiative by and for indigenous
peoples;
(h) educate employers and the public
and make recommendations to
improve employment practices
related to indigenous peoples; and
(i) monitor the need for and
recommend where appropriate the
establishment of mechanisms to
provide counselling for indigenous
peoples.
THE RIGHTS OF THE CHILD COMMISSION
212U. (1) The Rights of the Child Commission shall
promote initiatives that reflect and enhance the well-being
and rights of the child.
(2) The Rights of the Child Commission shall
consist of persons from each of the categories referred to in
subparagraphs (a) and (b) appointed by the President as
follows –
(a) not less than five nor more than
fifteen members, with expertise in
issues affecting children, nominated
by entities, by a consensual
mechanism determined by the
National Assembly, after the entities
which shall include the Ministry
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 221
L.R.O. 1/2012

Functions
of the Rights
of the Child
Commission.
[5 of 2001]
with responsibility for children’s
affairs, the Ministry of Education,
and organisations representing the
interests of youth, are determined
by the votes of not less than two-
thirds of all elected members of the
National Assembly; and
(b) a member who shall be a nominee,
without the right to vote, chosen by
and from each of the following
commissions: the Human Rights
Commission, Ethnic Relations
Commission, Women and Gender
Equality Commission and
Indigenous Peoples’ Commission.
212V. In addition to the functions specified in article
212J (2) the functions of the Rights of the Child
Commission are to –
(a) promote the rights and interests
of, and respect for the views of,
children;
(b) ensure that the rights and interests
of children are taken into account
at all levels of Government, other
public bodies, and private
organisations when decisions and
policies affecting children are taken;
(c) monitor compliance and make
recommendations for the
compliance with international
instruments to which the
Government accedes from time to
LAWS OF GUYANA
222 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Public
Procurement
Commission.
[5 of 2001]

time, including those already
acceded to and which relate to the
purpose of the Commission;
(d) consult on and participate in the
preparation of the Annual Report on
the Rights of the Child to be
submitted by the Government to the
United Nations Committee on the
Rights of the Child;
(e) ensure that children have effective
means of redress if their rights are
being violated;
(f) monitor, evaluate and make
recommendations on policies,
procedures and practices of
organisations, bodies and
institutions in order to promote the
rights of the child.

THE PUBLIC PROCUREMENT COMMISSION
212W.(1) There shall be a Public Procurement
Commission the purpose of which is to monitor public
procurement and the procedure therefor in order to ensure
that the procurement of goods, services and execution of
works are conducted in a fair, equitable, transparent
competitive and cost effective manner according to law
and such policy guidelines as may be determined by the
National Assembly.
(2) The Commission shall be independent,
impartial, and shall discharge its functions fairly.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 223
L.R.O. 1/2012
Composition
of the
Public
Procurement
Commission.
[5 of 2001]

Appointment.
[5 of 2001]
212X. (1) The Public Procurement Commission shall
consist of five members who shall have expertise and
experience in procurement, legal, financial and
administrative matters.
(2) The President shall appoint the members of
the Commission after such members have been nominated
by the Public Accounts Committee and approved by not
less than two-thirds of the elected members of the
National Assembly.
212Y. (1) Subject to paragraph (2), members of the
Commission shall be appointed for three years and shall
be eligible for re-appointment, for one other term of office,
not earlier than three years after the end of their first term.
(2) Of those members first appointed, two shall
hold office for four years.
(3) The Chairperson and Deputy Chairperson of
the Commission shall be elected by and from the members
of the Commission using such consensual mechanism as
the Commission deems fit.
(4) The provisions of article 225 shall apply to
the office of a member of the Commission, and for the
purpose of paragraphs (4) and (6) of that article the
prescribed authority shall be the Speaker of the National
Assembly except that, in relation to a member other than
the Chairperson or a member for the time acting in the
office of the Chairperson under the next following
paragraph, the prescribed authority for the purposes of
paragraph (6) shall be the Chairperson.
(5) If the office of Chairperson of the
Commission is vacant or the holder thereof is for any
reason unable to perform the functions of the office, then
the holder of the office of Deputy Chairperson, or if that
LAWS OF GUYANA
224 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Secretariat.
[5 of 2001]
office is vacant, or the holder thereof is for any reason
unable to perform the functions of the office of
Chairperson, one of the other members, may be elected to
act in the office of Chairperson; and the Deputy
Chairperson or such other member shall continue so to act
until a person has been elected to the office of Chairperson
and has assumed the functions of that office or, as the case
may be, until the Chairperson or if a member other than
the Deputy Chairperson is acting therein, the Deputy
Chairperson has assumed or resumed those functions.
(6) If the office of a member of the Commission
other than the Chairperson is vacant or if the holder
thereof is acting as Chairperson under the preceding
paragraph or is for any other reason unable to perform the
functions of his or her office, a person may be appointed to
act in that office and the provisions in relation to the
appointment of members of the Commission shall apply to
such an appointment as they apply to the appointment of
a person to hold the office of the member concerned; and
any person appointed under this paragraph shall, subject
to the provisions of paragraph (4) , continue to act until a
person has been appointed to the office in which he or she
is acting and has assumed the functions thereof or, as the
case may be, until the holder thereof resumes those
functions.
212Z. (1) The Commission shall establish a secretariat
comprising its officer and employees.
(2) The Commission shall appoint a Chief
Executive Officer, who shall serve as Secretary, and such
other officers and employees as may be necessary for the
efficient discharge of its functions. The terms and
conditions of the appointment of the Chief Executive
Officer and the two most senior officers shall be subject to
the approval of the National Assembly.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 225
L.R.O. 1/2012

Functions of
the Public
Procurement
Commission.
[5 of 2001]
(3) The Chief Executive Officer shall be under
the direction and control of the Commission and he or she
shall be responsible for the other officers and employees of
the Commission who shall directly report to him or her.
(4) The Chief Executive Officer may, as directed
by the Commission, attend meetings of public
procurement bodies.
(5) Before the Commission appoints to act in any
office referred to in paragraph (2) any person who holds or
is acting in any office, power to make appointments to
which is vested under this Constitution in the Judicial, the
Teaching, the Police or the Public Service Commission, the
Commission shall first seek and obtain the approval of the
Commission in which that power is vested.
(6) Where a public officer is appointed to an
office referred to in paragraph (2) that officer shall, subject
to the said paragraph (2), remain a public officer unless the
Commission determines that office shall be independent of
any other Commission.
(7) Nothing in this article shall be construed as
precluding the Commission from appointing any person
who is not a public officer to an office referred to in
paragraph(2).
(8) The emoluments and allowances payable to
the members of the Commission shall be determined by
the Public Accounts Committee in consultation with the
Commission.
212AA. (1) The functions of the Public Procurement
Commission are to –
(a) monitor and review the functioning
of all public procurement systems to
LAWS OF GUYANA
226 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
ensure that they are in accordance
with law and such policy
guidelines as may be determined by
the National Assembly;
(b) promote awareness of the rules,
procedures and special
requirements of the procurement
process among suppliers,
constructors and public bodies;
(c) safeguard the national interest in
public procurement matters, having
due regard to any international
obligations;
(d) monitor the performance of
procurement bodies with respect
to adherence to regulations and
efficiency in procuring goods and
services and execution of works;
(e) approve of procedures for public
procurement, disseminate rules and
procedures for public procurement
and recommend modifications
thereto to the public procurement
entities;
(f) monitor and review all legislation,
policies and measures for
compliance with the objects and
matters under its purview and
report the need for any legislation to
the National Assembly;
(g) monitor and review the
procurement procedures of the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 227
L.R.O. 1/2012
ministerial, regional, and national
procurement entities as well as those
of project execution units;
(h) investigate complaints from
suppliers, contractors and public
entities and propose remedial
action;
(i) investigate cases of irregularity and
mismanagement, and propose
remedial action;
(j) initiate investigations to facilitate
the effective functioning of public
procurement systems;
(k) enlist the aid of such persons, as
may be necessary, to assist the
Commission with expert advice;
(l) liaise with and refer matters to the
police and the Auditor General; and
(m) do all other acts and things as may
be necessary to facilitate the efficient
discharge of the functions of the
Commission.
(2) In addition to the functions prescribed in this
Constitution, the functions of the Commission may be
provided for by law; any addition thereto in the
Constitution shall be approved by the votes of a majority
of all the elected members of the National Assembly but
the removal or variation of any function shall be by the
votes of not less than two-thirds of such members.
(3) The Commission may, by directions in
writing and subject to such conditions as it thinks fit,
LAWS OF GUYANA
228 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Appeals.
[5 of 2001]

Reports.
[5 of 2001]
delegate any of its functions to any one or more members
of the Commission, or to such officers of the Commission
as the Commission may determine.
212BB. (1) A decision of the Commission is subject to
an appeal to the Tribunal established under article 212 EE.
(2) A decision of the Tribunal is subject to an
appeal to the Court of Appeal.
212CC. (1) As soon as practicable after the end of each
year of its operation, the Commission shall submit to the
National Assembly an annual report of the activities of the
Commission during the preceding year and the report
shall be tabled in the Assembly within thirty days of its
submission if the Assembly is sitting, if not, at the first
meeting of the Assembly thereafter.
(2) The Chairperson of the Commission may at
any time submit a special report to the National Assembly
with respect to any aspect of the functions of the
Commission which the Commission considers should, in
the national interest, be brought to the attention of the
National Assembly.
(3) For the purposes of paragraph (2) a matter is
of national interest if –
(a) it affects a wide cross-section of the
populace; and
(b) disastrous consequences would
follow if a report on the matter were
not bought to the attention of the
Assembly.
(4) The Commission shall prepare and publish an
executive summary of its annual report; and shall publish
every special report in media having wide accessibility in
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 229
L.R.O. 1/2012

Requirement
to provide
information.
[5 of 2001]

Public
Procurement
Commission
Tribunal.
[5 of 2001]
Guyana within forty-five days of the submission of such
special report to the National Assembly.
212DD. (1) The Commission may require any
person, or any entity, including a ministry or government
department, to provide it with information –
(a) for the purposes of any investigation
it is carrying out or proposes to
carry out; and
(b) on the measures that have been or
are being taken for the
implementation of the decisions of,
or the compliance with any
provision relating to, the
Commission.
(2) For the purposes of paragraph (1), Parliament
may by law make provision for offences and penalties for
non-compliance with any requirement, or decision of, or
provision relating to the Commission.
212EE. Parliament may by law provide for the
establishment of a Public Procurement Commission
Tribunal and such law may make provision for –
(a) the Constitution of the Tribunal;
(b) all matters relating to the
jurisdiction, powers and duties of
the Tribunal;
(c) all matters relating to appeals from
decisions of the Tribunal to the
Court of Appeal; and
(d) the practice and procedure of the
Tribunal.
LAWS OF GUYANA
230 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Principles for
the establish-
ment of
Commissions.
[5 of 2001]
PRINCIPLES FOR THE ESTABLISHMENT OF
COMMISSIONS
212FF. The Standing Committee for Constitutional
Reform shall, in addition to its functions under article
119A, continually review the operations of and the need
for existing commissions and for the establishment of new
commissions, applying the following considerations –
(a) the issues to be addressed by a
commission must be of national
interest or affect a wide cross-section
of the populace;
(b) there could be disastrous
consequences for the society and the
country at large if the issues are not
attended to and monitored;
(c) there is the assessment that it is
important that political interference
be eschewed in relation to the issues
to be addressed;
(d) the operating procedures and
mechanisms for choosing the
members of a commission are such
as would minimise the influence of
the Executive and maximise public
perception of impartiality in the
operations of the commission;
(e) in accordance with the need for
efficiency and cost-effectiveness,
commissions should be kept small
and be staffed by persons of
appropriate skill and experience;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 231
L.R.O. 1/2012

Protection of
pension
rights.
(f) where commissions, especially those
of a protective nature as opposed to
administrative commissions, are
established to address similar issues,
the limitations of human and
financial resources should be
considered and common secretariats
should be established.
PENSIONS
213. (1) Subject to the provisions of the next
following article, the law applicable to any benefits to
which this article applies shall, in relation to any person
who has been granted, or who is eligible for the grant of
such benefits, be that in force on the relevant date or any
later law that is not less favourable to that person.
(2) In the preceding paragraph ‚the relevant
date‛ means –
(a) in relation to any benefits granted
before the commencement of this
Constitution, the date on which
those benefits were granted;
(b) in relation to any benefits granted
or to be granted after the
commencement of this Constitution
to or in respect of any person who
was a public officer before such
commencement, the day
immediately preceding such
commencement; and
(c) in relation to any benefits granted
or to be granted to or in respect of
LAWS OF GUYANA
232 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Power of
Commissions
in relation to
pensions, etc.
any person who becomes a public
officer after the commencement of
this Constitution, the date on which
he or she becomes a public officer.
(3) Where a person is entitled to exercise an
option as to which of two or more laws shall apply in his
or her case, the law specified by him or her in exercising
the option shall, for the purposes of this article, be deemed
to be more favourable to him or her than the other law or
laws.
(4) Any benefit to which this article applies (not
being a benefit that is a charge upon some other public
funds of Guyana) shall be a charge upon the Consolidated
Fund.
(5) In this article references to the law applicable
to any benefits to which this article applies include
(without prejudice to their generality) references to any
law relating to the time at which and the manner in which
any person may retire in order to become eligible for those
benefits.
214. (1) Where under any law any person or
authority has a discretion –
(a) to decide whether or not any
benefits to which this article applies
shall be granted; or
(b) to withhold, reduce in amount or
suspend any such benefits that have
been granted,
those benefits shall be granted and may not be withheld,
reduced in amount or suspended unless the appropriate
Commission concurs in the refusal to grant the benefits or,
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 233
L.R.O. 1/2012
as the case may be, in the decision to withhold them,
reduce them in amount or suspend them.
(2) Where the amount of any benefits to which
this article applies that may be granted to any person is
not fixed by law, the amount of the benefits to be granted
to him or her shall be the greatest amount for which he or
she is eligible unless the appropriate Commission concurs
in his or her being granted benefits of a smaller amount.
(3) The appropriate Commission shall not
concur under paragraph (1) or paragraph (2) in action
taken on the ground that any person who holds or has
held the office of a Judge of the Supreme Court of
Judicature, Director of Public Prosecutions, Auditor
General or Commissioner of Police has been guilty of
misbehaviour unless he or she has been removed from
office by reason of such misbehaviour.
(4) In this article ‚the appropriate Commission‛
means –
(a) in the case of benefits for which any
person may be eligible or that have
been granted in respect of the
service in the public service of a
person who, immediately before he
or she ceased to be a public officer –
(i) was a Judge of the Supreme
Court of Judicature, or was
the Director of Public
Prosecutions and provision
was then in force under article
203(6), or was subject to the
disciplinary control of the
Judicial Service Commission,
the Judicial Service
LAWS OF GUYANA
234 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Interpretation.

Establishment
and functions
of the Public
Service
Appellate
Tribunal.
[17 of 1984]
Commission;
(ii) was a teacher in public
service, the Teaching Service
Commission;
(iii) was the Commissioner of
Police or other member of the
Police Force, the Police
Service Commission; and
(b) in any other case, the Public Service
Commission.
215. (1) The preceding two articles apply to any
benefits that are or may become payable under any law
providing for the grant of pensions, compensation,
gratuities or other like allowances to persons in respect of
their service as public officers or to the widows, children,
dependants or personal representatives of such persons in
respect of such service.
(2) The said two articles and paragraph (1) of
this article shall have effect as if service as a Judge of the
Supreme Court of Judicature or as the Clerk or Deputy
Clerk of the National Assembly were service in the public
service.
PUBLIC SERVICE APPELLATE TRIBUNAL
215A.(1) Parliament may, by law, provide for the
establishment of a Public Service Appellate Tribunal
(hereafter in this article referred to as the ‚Tribunal‛)
consisting of a chairman and such number of other
members, being not less than two, as may be provided by
that law.
(2) The chairman of the Tribunal shall be
appointed by the President by instrument in writing and
shall be a person who –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 235
L.R.O. 1/2012
(a) holds or has held the office of a
Judge of the Court of Appeal; or
(b) is qualified to be appointed as a
Judge of the Court of Appeal and
holds or has held the office of a
Judge of the High Court.
(3) A person shall be disqualified for
appointment as a member of the Tribunal if he or she is a
member of the Public Service Commission, the Teaching
Service Commission or the Police Service Commission or
is a public officer.
(4) A person shall not, while he or she holds the
office of a member of the Tribunal or within a period of
three years commencing with the date on which he or she
last held that office, be eligible for appointment to, or act
in, any office power to make appointments to which is
vested by this Constitution in –
(a) the President acting in
accordance with the advice of, or
after consultation with, the Public
Service Commission or the Police
Service Commission; or
(b) the Public Service Commission, the
Teaching Service Commission or the
Police Service Commission.
(5) Where a Tribunal has been established
under paragraph (1), an appeal shall lie to the Tribunal,
subject to such conditions (if any) as may be specified by
or under the law by which it is established, in respect of
any matter so specified, being a matter in respect of which
the Public Service Commission, the Teaching Service
LAWS OF GUYANA
236 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Commission, the Police Service Commission or the
Commissioner of Police is empowered to make a decision
under any provision of this Constitution:
Provided that no appeal shall lie to the Tribunal

(a) from any decision of the Public
Service Commission or the Police
Service Commission in respect of
appointment to any office to which
article 225 applies or in respect of
any matter concerning any person
holding, or acting in, any such
office;
(b) from any decision of the Public
Service Commission, the Teaching
Service Commission or the Police
Service Commission in respect of
any appointment, in a case where
such appointment is required by this
Constitution to be made after
consultation with such
Commission; and
(c) from any decision of the Public
Service Commission in respect of
any matter referred to in article
201(6) to which the Judicial Service
Commission has concurred.
(6) Subject to the provisions of this Constitution,
the law referred to in paragraph (1) may make, or
authorise the making of, provisions with respect to all
matters connected with the Tribunal.
(7) Without prejudice to the generality of the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 237
L.R.O. 1/2012
provisions of the preceding paragraph, but subject to the
provisions of this article, such law may, in particular,
make, or authorise the making of, provisions for all or
any of the following matters –
(a) the Constitution of the Tribunal;
(b) the terms and conditions of the
appointment of the members of the
Tribunal and the qualifications and
disqualifications for such
appointment;
(c) the matters in respect of which,
and the persons by whom, an
appeal to the Tribunal may be
brought and all other matters
relating to the jurisdiction, powers
and duties of the Tribunal;
(d) the manner in which and the
conditions, if any, subject to which
an appeal to the Tribunal may be
brought, including conditions with
respect to the time within which the
appeal may be brought and the fee
payable in respect of the appeal or
any application made to the
Tribunal; and
(e) the practice and procedure of the
Tribunal.
(8) The provisions of article 225 (which relate to
removal from office) shall apply to the office of the
chairman of the Tribunal, and for the purposes of
paragraphs (4) and (6) of that article the prescribed
authority shall be the Prime Minister.
LAWS OF GUYANA
238 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

(9) For the avoidance of doubt it is hereby
declared that the prohibition in article 226(6) against
enquiry in any court into the question referred to therein
shall not apply to proceedings before the Tribunal.
(10) Save as otherwise provided by Parliament
by law, the Public Service Commission, the Teaching
Service Commission, the Police Service Commission, the
Commissioner of Police, every person to whom any
power of any of the aforesaid Commissions or of the
Commissioner of Police has been delegated and every
public officer, whether or not he or she is a person to
whom any such power has been delegated, and authority
shall give effect as expeditiously as possible to the decision
of the Tribunal on any appeal brought to it or any
application made to it.
(11) In deciding any question arising in an
appeal brought to the Tribunal or an application made to
it, no member of the Tribunal shall be subject to the
direction or control of any other person or authority.
(12) Any question whether –
(a) the Tribunal or any bench thereof
has validly performed any function
vested in it by or under this
Constitution; or
(b) any member of the Tribunal or any
other person has validly performed
any function in relation to the work
of the Tribunal,
shall not be enquired into in any court.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 239
L.R.O. 1/2012

Establishment
of
Consolidated
Fund.

Withdrawals
from
Consolidated
Fund
or other public
funds.
TITLE 8
FINANCE
216. All revenues or other moneys raised or received
by Guyana (not being revenues or other moneys that are
payable, by or under an Act of Parliament, into some other
fund established for any specific purpose or that may, by
or under such an Act, be retained by the authority that
received them for the purpose of defraying the expenses of
that authority) shall be paid into and form one
Consolidated Fund.
217. (1) No moneys shall be withdrawn from the
Consolidated Fund except –
(a) to meet expenditure that is charged
upon the Fund by this Constitution
or by any Act of Parliament; or
(b) where the issue of those moneys has
been authorised by an
Appropriation Act; or
(c) where the issue of those moneys has
been authorised under article 219.
(2) Where any moneys are charged by this
Constitution or any Act of Parliament upon the
Consolidated Fund or any other public fund, they shall be
paid out of that fund by the Government of Guyana to the
person or authority to whom payment is due.
(3) No moneys shall be withdrawn from any
public fund other than the Consolidated Fund unless the
issue of those moneys has been authorised by or under an
Act of Parliament.
(4) Parliament may prescribe the manner in
LAWS OF GUYANA
240 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Authorisation
of
expenditure
from
Consolidated
Fund by
appropriation.
[6 of 2001]
which withdrawals may be made from the Consolidated
Fund or any other public fund.
218.(1) The Minister responsible for Finance or any
other Minister designated by the President shall cause to
be prepared and laid before the National Assembly before
or within ninety days after the commencement of each
financial year estimates of the revenues and expenditure
of Guyana for that year.
(2) When the estimates of expenditure (other
than expenditure charged upon the Consolidated Fund by
this Constitution or any Act of Parliament) have been
approved by the Assembly a Bill, to be known as an
Appropriation Bill, shall be introduced in the Assembly,
providing for the issue from the Consolidated Fund of the
sums necessary to meet that expenditure and the
appropriation of those sums for the purposes specified
therein.
(3) If in respect of any financial year it is found –
(a) that the amount appropriated by the
Appropriation Act for any purpose
is insufficient or that a need has
arisen for expenditure for a purpose
for which no amount has been
appropriated by that Act; or
(b) that any moneys have been
expended for any purpose in excess
of the amount appropriated for that
purpose by the Appropriation Act
or for a purpose for which no
amount has been appropriated by
that Act,
a supplementary estimate or, as the case may be, a
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 241
L.R.O. 1/2012


Authorisation
of
expenditure
in advance of
appropriation.
[6 of 2001]
statement of excess showing the sums required or spent
shall be laid before the Assembly by the Minister
responsible for finance or any other Minister designated
by the President.
219. (1) Parliament may make provision under
which, if the Appropriation Act in respect of any financial
year has not come into operation by the beginning of that
financial year, the Minister responsible for finance may
authorise the withdrawal of moneys from the Consolidate
Fund for the purpose of meeting expenditure necessary
to carry on the services of the Government of Guyana until
the expiration of four months from the beginning of that
financial year or the coming into operation of the Act,
whichever is the earlier.
(2) Where a supplementary estimate or
statement of excess is laid before the National Assembly
under paragraph (3) of the preceding article or paragraph
(2) of the next following article and is approved by the
Assembly by resolution, that resolution shall be authority
for the issue of the sums in question from the
Consolidated Fund, but the aggregate sums the issue of
which is so approved shall be included, under appropriate
heads, in a supplementary Appropriation Bill.
(3) Where at any time Parliament has been
dissolved before any provision or any sufficient provision
is made under this Title for the carrying on of the
Government of Guyana, the Minister responsible for
finance may authorise the withdrawal of such sums from
the Consolidated Fund as he or she may consider
necessary for the purpose of meeting expenditure on the
public services until the expiry of a period of three
months commencing with the date on which the National
Assembly first meets after that dissolution, but a statement
of the expenditure so authorised shall, as soon as
practicable be laid before the Assembly by the Minister
LAWS OF GUYANA
242 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Contingencies
Fund.
[6 of 2001]

Public debt.

Remuneration
of holders of
certain offices.
responsible for finance or any other Minister designated
by the President and, when the statement has been
approved by the Assembly, that expenditure shall be
included, under the appropriate heads, in the next
Appropriation Bill.
220.(1) Parliament may make provision for the
establishment of a Contingencies Fund and for authorising
the Minister responsible for finance to make advances
from that Fund if he or she is satisfied that there is an
urgent need for expenditure for which no other provision
exists.
(2) Where any advance is made from the
Contingencies Fund a supplementary estimate shall, as
soon as practicable be laid before the National Assembly
by the Minister responsible for finance or any other
Minister designated by the President for the purpose of
authorising the replacement of the amount so advanced.
221. The public debt of Guyana and service of
that debt (including the interest on that debt, sinking
funds payments and redemption moneys in respect of that
debt and costs, charges and expenses of and incidental to
the management of that debt) are hereby charged on the
Consolidated Fund.
222.(1) There shall be paid to the holders of the
offices to which this article applies such salaries and such
allowances as may be prescribed by or under any law or,
in the case of the Clerk and Deputy Clerk of the National
Assembly, as may be determined under article 158(4).
(2) The salaries and allowances payable to the
holders of the offices to which this article applies are
hereby charged on the Consolidated Fund.
(3) The salary and allowances payable to the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 243
L.R.O. 1/2012

Overarching
clause on
financial
autonomy.
[6 of 2001]
Third
Schedule
holder of any office to which this article applies and his or
her other terms of service shall not be altered to his or her
disadvantage after his or her appointment and, for the
purposes of this paragraph, in so far as the terms of service
of any person depend upon the option of that person, the
terms for which he or she opts shall be taken to be more
advantageous to him or her than any other terms for
which he or she might have opted.
(4) This article applies to the offices of President,
Speaker, Deputy Speaker, Clerk and Deputy Clerk of the
National Assembly, any Judge of the Supreme Court of
Judicature, members of the Elections Commission, the
Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission or the
Police Service Commission, the Ombudsman, the Director
of Public Prosecutions, the Auditor General and the
Commissioner of Police.
222A. In order to assure the independence of the
entities listed in the Third Schedule –
(a) the expenditure of each of the
entities shall be financed as a direct
charge on the Consolidated Fund,
determined as a lump sum by way
of an annual subvention approved
by the National Assembly after a
review and approval of the entity’s
annual budget as a part of the
process of the determination of the
national budget;
(b) each entity shall manage its
subvention in such manner as it
deems fit for the efficient discharge
of its functions, subject only to
conformity with the financial
LAWS OF GUYANA
244 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Office and
functions of
Auditor
General.
[6 of 2001]
practices and procedures approved
by the National Assembly to ensure
accountability; and all revenues
shall be paid into the Consolidated
Fund;
(c) the terms and conditions applicable
to grants and donations destined for
the entities shall be approved by,
and disbursements shall be made
through, such appropriate
government agency or department
as determined by the National
Assembly.
223. (1) There shall be an Auditor General for
Guyana, whose office shall be a public office.
(2) The public accounts of Guyana and of all
officers and authorities of the Government of Guyana
(including the Commissions established by this
Constitution) and the accounts of the Clerk of the National
Assembly and of all courts in Guyana shall be audited and
reported on by the Auditor General, and for that purpose
the Auditor General or any person authorised by him or
her in that behalf shall have access to all books, records,
returns and other documents relating to those accounts.
(3) The Auditor General shall submit his or her
reports to the Speaker of the National Assembly, who shall
cause them to be laid before the National Assembly.
(4) In the exercise of his or her functions under
this Constitution, the Auditor General shall not be subject
to the direction or control of any person or authority.
(5) The Public Accounts Committee may
exercise general supervision over the functioning of the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 245
L.R.O. 1/2012
office of the Auditor General in accordance with the
Rules, Policies and Procedures Manual for the functioning
of the office of the Auditor General as prepared by the
Auditor General and approved by the Public Accounts
Committee.
(6) The Auditor General shall prepare and
submit to the Public Accounts Committee reports, on a
quarterly basis, on the performance and operation of the
office of the Auditor General.
(7) The Auditor General shall submit annually a
copy of an Annual Systems and Financial Audit Report
with respect to the office of the Auditor General to the
Public Accounts Committee.
(8) In this article –
(a) ‚Public Accounts Committee‛ means
the Public Accounts Committee
established by order 70(2) of the
Standing Orders of the National
Assembly; and
(b) ‚public accounts of Guyana‛ includes
the accounts of –
(i) all central and local
government bodies and
entities;
(ii) all bodies and entities in
which the State has a
controlling interest; and
(iii) all projects funded by way of
loans or grants by any foreign
State or organisation.

LAWS OF GUYANA
246 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012



Rules of court.

Removal from
office of
certain
persons.
[17 of 2000]
TITLE 9
MISCELLANEOUS
224. Where under this Constitution any provision
may be made by rules of court, rules for the purpose may
be made by the authority for the time being empowered
generally, by law in force in Guyana, to make rules of
court in relation to civil proceedings in the High Court or,
in so far as the provision relates to the bringing of any
appeal to, or the institution of other proceedings in, or the
practice and procedure of, the Court of Appeal, by the
authority so empowered in relation to civil proceedings in
that Court.
225. (1)Where it is provided in this Constitution that
this article shall apply to any office, a person holding such
office (in this article referred to as ‚the office‛) shall not
be removed therefrom or suspended from the exercise of
the functions thereof except in accordance with the
provisions of this article; and the prescribed authority for
the purpose of paragraph (4) or (6) shall, in relation to any
office, be the authority prescribed for that purpose by the
provision of this Constitution by which this article is
applied to that office.
(2) The officer may be removed from office only
for inability to discharge the functions of his or her office
(whether arising from infirmity of body or mind or any
other cause whatsoever) or for misbehaviour.
(3) The officer shall be removed from office by
the President if the question of his or her removal from
office has been referred to a tribunal appointed under this
article and the tribunal has recommended to the President
that the officer ought to be removed from office for
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 247
L.R.O. 1/2012

c 19:03
inability as aforesaid or for misbehaviour.
(4) If the prescribed authority advises the
President that the question of removing the officer from
office under this article ought to be investigated then –
(a) the President shall act in accordance
with the advice of the Judicial
Service Commission, in appointing a
tribunal which shall consist of a
Chairman and not less than two
other members, selected by the
Judicial Service Commission from
among persons who hold or have
held office as a judge of a court
having unlimited jurisdiction in civil
and criminal matters in some part of
the Commonwealth or a court
having jurisdiction in appeals from
any such court or who are qualified
to be admitted to practice in Guyana
as attorneys-at-law and have been
so qualified for such period as is
prescribed by Parliament for the
purposes of subparagraph (b) of
article 129 (1) in relation to the office
of Puisne Judge; and
(b) that tribunal shall enquire into the
matter and report on the facts
thereof to the President and
recommend to him or her whether
the officer ought to be removed
under this article.
(5) The provisions of the Commissions of
Inquiry Act as in force immediately before the
commencement of this Constitution shall, subject to the
LAWS OF GUYANA
248 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Powers and
procedure
of
Commissions.
[2 of 2000
5 of 2001]
provisions of this article and of article 197(9), apply as
nearly as may be in relation to tribunals appointed under
this article, or, as the context may require, to the members
thereof as they apply in relation to Commissions or
Commissioners appointed under that Act, and in such
application shall have effect as if they formed part of this
Constitution.
(6) If the question of removing the officer from
office has been referred to a tribunal under this article, the
President, acting in accordance with the advice of the
prescribed authority, may suspend the officer from
performing the functions of his or her office, and any such
suspension may at any time be revoked by the President,
acting in accordance with such advice as aforesaid, and
shall in any case cease to have effect if the tribunal
recommends to the President that the officer should not
be removed from office.
226. (1) Save as otherwise provided in this
Constitution, in the exercise of its functions under this
Constitution a Commission shall not be subject to the
direction or control of any other person or authority.
(2) Subject to affirmative resolution of the
National Assembly, a commission shall make rules,
relating to the procedure of the commission; and until
such rules are made, the commission shall regulate its own
procedure.
(3) A Commission may, subject to the next
following paragraph, act notwithstanding any vacancy in
its membership or the absence of any member, and its
proceedings shall not be invalidated by the presence or
participation of any person not entitled to be present at or
to participate in those proceedings.
(4) Any question for decision by a Commission
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 249
L.R.O. 1/2012
shall be determined by a majority of the votes of the
members of the Commission present and voting at a
meeting of the Commission at which a quorum is present,
and if on any question the votes are equally divided the
Chairman or other member presiding shall have a casting
vote in addition to his or her original vote:
Provided that, where the votes are equally divided
on the question whether any power to remove a public
officer from his or her office should be exercised, the
Chairman or other member presiding shall not have a
casting vote and the Commission shall be deemed to have
decided that that power should not be exercised.
(5)For the purposes of the preceding paragraph
a quorum shall consist, in the case of the Elections
Commission, of the Chairman and not less than four
members, two of whom have been appointed by the
President in his or her own deliberate judgment and two
from among members appointed on the advice of the
Leader of the Opposition tendered in accordance with
article 161 (3) (b) :
Provided that if at any stage of a duly summoned
meeting a quorum is not present, due to the absence of
members therefrom –
(i) without just cause, such just
cause being determined by
the Chairman, the meeting
shall stand adjourned to a day
not later than two calendar
days; or
(ii) in the case of the declaration
of the results of the election of
the President, the meeting
shall stand adjourned to the
following day,
LAWS OF GUYANA
250 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
at the same time and place and notice of such adjournment
shall be given to the absent members, and if at the
adjourned meeting a quorum is not present, the members
then present, being not less than four including the
Chairman, shall be deemed to constitute a quorum and
any decision made at that or any such meeting shall be
valid in law and binding.
(6) Any question whether –
(a) a Commission has validly
preformed any function vested in it
by or under this Constitution;
(b) any member of a Commission or
any other person has validly
performed any function delegated to
such member or person by a
Commission in pursuance of the
provisions of this Constitution; or
(c) any member of a Commission or
any other person has validly
performed any other function in
relation to the work of the
Commission or in relation to any
such function as is referred to in the
preceding subparagraph,
shall not be enquired into in any court.
(7) In this article, except as otherwise
provided or required by the context, the expression
‚Commission‛ means the Elections Commission, the
Judicial Service Commission, the Public Service
Commission, the Teaching Service Commission, or the
Police Service Commission:
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 251
L.R.O. 1/2012

Disqualifica-
tion for
office of
persons
exciting racial
hostility.

Appoint-
ments.
Provided that (without prejudice to the power of
Parliament to make provision in relation to the functions
of the Elections Commission) in the preceding paragraph
that expression does not include the Elections
Commission.
227. Notwithstanding any provision of this
Constitution relating to the making of appointments to,
removal of persons from, or the vacation of, any office,
Parliament may provide for the imposition of
disqualification for any office prescribed by Parliament on
any person convicted by a court of an offence relating to
excitement of hostility or ill-will against any person or
class of persons on the grounds of his or her or their race.
TITLE 10
INTERPRETATION
228. (1) Where any person has vacated any office
established by this Constitution (including any office
established under article 100, 124 or 125) he or she may, if
qualified, again be appointed, elected or otherwise
selected to hold that office in accordance with the
provisions of this Constitution.
(2) Where by this Constitution a power is
conferred upon any person or authority to make any
appointment to any public office, a person may be
appointed to that office notwithstanding that some other
person may be holding that office, when that other person
is on leave of absence pending relinquishment of the
office; and where two or more persons are holding the
same office by reason of an appointment made in
pursuance of this paragraph, then for the purposes of
any function conferred upon the holder of that office the
person last appointed shall be deemed to be the sole
holder of the office.
LAWS OF GUYANA
252 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

Resignations.

Vacation of
office on
attaining a
prescribed
age.

Interpretation.
[14 of 2000
17 of 2000]
(3) The preceding paragraph shall have effect in
relation to the office of any Judge of the Supreme Court of
Judicature or the Clerk or Deputy Clerk of the National
Assembly as if that office were a public office.
229. (1) Any person who is appointed or elected
to or otherwise selected for any office established by this
Constitution (including any office established under article
100, 124 or 125) may resign from that office and, save as
otherwise provided by articles 156(1), 157 and 178(1),
shall do so by writing under his or her hand addressed to
the person or authority by whom he or she was appointed,
elected or selected.
(2) The resignation of any person from any such
office as aforesaid signified by writing under his or her
hand shall take effect when the writing signifying the
resignation is received by the person or authority to whom
it is addressed or by any person authorised by that person
or authority to receive it or employed to assist that person
in the performance of the functions of his or her office.
230. Where by this Constitution a person is required
to vacate an office when he or she attains an age
prescribed by or under the provisions of this Constitution,
nothing done by him or her in the performance of the
functions of that office shall be invalid by reason only that
he or she has attained the age so prescribed.
231. [Article 231 repealed by Act No. 17 of 2000]
232. In this Constitution, except as otherwise
provided or required by the context –
‚alien‛ means a person who is not a
Commonwealth citizen, a British protected person or a
citizen of the Republic of Ireland;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 253
L.R.O. 1/2012
‚attorney-at-law‛ means a person having a general
right of audience in the Supreme Court of Judicature;
‚Commissioner of Police‛ means the officer,
however styled, commanding the Police Force;
‚the Commonwealth‛ means Guyana and any
country to which article 47 applies and any
dependency of any such country;
‚court‛ means any court of law in Guyana;
‚elected member of the National Assembly‛ means
any person elected as a member of the National Assembly
pursuant to the provisions of paragraph(2) of article 60 or
article 160(2);
‚election‛ means an election of members to serve in
the National Assembly or other elected body established
by or under this Constitution, as the case may be;
‚financial year‛ means any period of twelve
months beginning on the first day of January in any year
or such other date as Parliament may prescribe;
‚Guyana‛ includes, in relation to any period before
the day on which this Constitution commences, or
anything done before that day, Guyana as it was before
that day as well as the former Colony of British Guiana;
‚law‛ includes any instrument having the force of
law and any unwritten rule of law and ‚lawful‛ and
‚lawfully‛ shall be construed accordingly;
‚local democratic organ‛ means any local
government authority;
‚consultation‛ or ‚meaningful consultation‛ means
LAWS OF GUYANA
254 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012

First Schedule

c 16:01
the person or entity responsible for seeking
consultation shall –
(a) identify the persons or entities to be
consulted and specify to them in
writing the subject of the
consultation and an intended date
for the decision on the subject of
consultation;
(b) ensure that each person or entity to
be consulted is afforded a
reasonable opportunity to express a
considered opinion on the subject of
the consultation; and
( c) cause to be prepared and archived a
written record of the consultation
and circulate the decision to each of
the persons or entities consulted;
‚oath‛ includes affirmation;
‚oath of office‛ means, in relation to any office, the
oath for the due execution of that office set out in the First
Schedule to this Constitution or such other oath in that
behalf as may be prescribed by Parliament;
‚Parliament‛ means the Parliament of Guyana;
‚the Police Force‛ means the Police Force
established by the Police Act and includes any other police
force establish by or under an Act of Parliament to succeed
to or to supplement the functions of that Force but does
not include any police force forming part of any naval,
military or air force or any police force established by any
local democratic organ;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 255
L.R.O. 1/2012
‚public office‛ means an office of emolument in the
public service and for the avoidance of doubt it is hereby
declared that the expression includes the office of a teacher
in the public service and any office in the Police Force;
‚public officer‛ means the holder of any public
office and includes any person appointed to act in any
such office;
‚the public service‛ means, subject to the
provisions of paragraph (5), the service of the Government
of Guyana in a civil capacity;
‚regional democratic council‛ means the local
democratic organ for any region established under article
72;
‚session‛ means, in relation to the National
Assembly, the sittings of the Assembly, commencing when
it first meets after this Constitution comes into force or
after the prorogation or dissolution of Parliament at any
time and terminating when Parliament is prorogued or is
dissolved without having been prorogued;
‚sitting‛ means, in relation to the National
Assembly a period during which the Assembly is sitting
continuously without adjournment and includes any
period during which the Assembly is in committee; and
‚the State‛ means the Co-operative Republic of
Guyana.
(2) In this Constitution unless it is otherwise
provided or required by the context –
(a) a reference to power to make
appointments to any office shall be
construed as including a reference to
LAWS OF GUYANA
256 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
power to make appointments on
promotion and transfer and to
confirm appointments and to power
to appoint a person to act in or
perform the functions of that office
at any time when the office is vacant
or the holder thereof is unable
(whether by reason of absence or
infirmity of mind or body or any
other cause) to perform the
functions of that office; and
(b) a reference to the holder the office by
the term designating his or her
office shall be construed as
including a reference to any person
for the time being lawfully acting in
or performing the functions of that
office.
(3) Where by this Constitution any person is
directed, or power is conferred on any person or authority
to appoint or elect a person, to perform the functions of an
office if the holder thereof is unable to perform those
functions, the validity of any performance of those
functions by the person so directed or of any appointment
or election made in exercise of that power shall not be
called in question in any court on the ground that the
holder of the office was not or is not unable to perform the
functions of the office.
(4) For the purposes of this Constitution, a
person shall not be considered to hold a public office by
reason only that he or she is in receipt of a pension or
other like allowance in respect of public service.
(5) In this Constitution references to the public
service shall not be construed as including service in –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 257
L.R.O. 1/2012
(a) the Office of President, Minister,
Attorney General, Parliamentary
Secretary, Speaker, Deputy Speaker,
Leader of the Opposition,
Ombudsman, or member of the
National Assembly;
(b) the office of a member of any
Commission established by this
Constitution or of the Public
Service Appellate Tribunal;
(c) the office of a member of any board,
committee or other similar body
(whether incorporate or not)
established by any law in force in
Guyana;
(d) the office of any Judge of the
Supreme Court of Judicature or
Clerk or Deputy Clerk of the
National Assembly except for the
purposes of the next following
paragraph and save as otherwise
provided in any other provision of
this Constitution; or
(e) any body of persons organised as a
national service within the meaning
of article 154.
(6) References in this Constitution to the power
to remove a public officer from his or her office shall be
construed as including a reference to any power conferred
by any law to require or permit that officer to retire from
the public service,
LAWS OF GUYANA
258 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Provided that –
(a) nothing in this paragraph shall be
construed as conferring on any
person or authority power to require
a Judge of the Supreme Court of
Judicature, the Director of Public
Prosecutions, the Commissioner of
Police, the Auditor General or the
Clerk or Deputy Clerk of the
National Assembly to retire from his
or her office; and
(b) any power conferred by any law to
permit a person to retire from the
public service shall, in the case of
any public officer who may be
removed from office by some person
or authority other than a
Commission established by this
Constitution, vest in the
Commission that, if he or she were
to retire, would be the appropriate
Commission in relation to him or
her for the purposes of article 214.
(7) Any provision in this Constitution that vests in
any person or authority the power to remove any public
officer from his or her office shall be without prejudice to
the power of any person or authority to abolish that office
or to any law providing for the compulsory retirement of
public officers generally or any class of public officers on
attaining an age specified by or under that law.
(8) Subject to article 226 (6) and article 215A (12), no
provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 259
L.R.O. 1/2012

c 2:01
Article 232

person or authority in the exercise of any functions shall
be construed as precluding a court from exercising
jurisdiction in relation to any question whether that person
or authority has exercised those functions in accordance
with this Constitution or any other law.
(9) The Interpretation and General Clauses Act
as in force immediately before the commencement of this
Constitution, shall apply, with the necessary adaptations,
for the purpose of interpreting this Constitution and
otherwise in relation thereto as it applied for the purpose
of interpreting, and in relation to, any Act in force
immediately before such commencement, and in such
application shall have effect as if it formed part of this
Constitution.
FIRST SCHEDULE
FORM OF OATH
OATH OF OFFICE
I............................, do hereby solemnly declare that I will
bear true faith and allegiance to the People of Guyana that
I will faithfully execute the office of
..............................without fear or favour, affection or ill will
and that in the execution of the functions of that office I
will honour, uphold and preserve the Constitution of the
Co-operative Republic of Guyana.

LAWS OF GUYANA
260 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Articles 4,5,6
and 6A
SECOND SCHEDULE
1. The National Flag
2. The Coat of Arms
3. The National Anthem
4. The National Pledge
THE NATIONAL FLAG
THE GOLDEN ARROWHEAD
The heraldic description of the Guyana Flag - known as
the ‚Golden Arrowhead‛ - presented by the Garter King
of Arms from the Royal College of Arms , England, reads
as follows -
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 261
L.R.O. 1/2012
‚Vert upon a pile throughout issuant from the dexter or,
fimbriated argent; white upon a pile gules fimbriated
sable, upon the same base‛.
The design and the colour of Guyana Flag are interpreted
as follows -
The green background symbolises the agricultural and
forested nature of Guyana.
The white symbolises its waters and rivers potential.
The golden arrow symbolises Guyana’s mineral wealth
and its forward thrust.
The black border the endurance that will sustain the
golden arrow’s forward thrust into the future.
The red triangle represents the zeal and dynamic nature of
the nation building that lies before this young and
independent country.
The Flag is designed to be of a proportion 3* 5 on land and
1* 2 at sea.
The colour proportions are:
green 50" gold 24" white 67" and black 1".

LAWS OF GUYANA
262 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
GUYANA COAT-OF-ARMS
The design of Guyana’s Coat of Arms is interpreted as
follows:-
The Amerindian head-dress, the Cacique Crown,
symbolises the Amerindians as the indigenous people of
the country.
The two diamonds at the sides of the head-dress represent
the country’s mining industry.
The helmet, on which the Cacique Crown rests, is the
monarchical insignia.
The two jaguars rampant, holding a pick-axe, a sugar cane,
and a stalk of rice, symbolise labour and the two main
agricultural industries of the country, sugar and rice.
The shield which is decorated with the national flower, the
Victoria Regia Lily, is to protect the nation.
The three blue wavy barrulets represent the three great
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 263
L.R.O. 1/2012
rivers and many waters of Guyana.
The Canje Pheasant at the bottom of the shield is a rare
bird found principally in this part of the world, and
represents the rich fauna of Guyana.
GUYANA NATIONAL ANTHEM

LAWS OF GUYANA
264 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Dear land of Guyana, of rivers and plains made rich by
the sunshine and lush by the rains; Set gem-like and fair,
between mountains and sea, Your children salute you,
dear land of the free.
Green land of Guyana, our heroes of yore; Both bondsmen
and free, laid their bones on your shore; This soil they so
hallowed, and from them are we, All sons of one mother,
Guyana the free.
Great land of Guyana, diverse though our strains, We are
born of their sacrifice, heirs of their pains, And ours is the
glory their eyes did not see One land of six peoples,
united and free.
Dear land of Guyana, to you will we give our homage,
our service, each day that we live; God guard you, great
Mother, and make us to be More worthy our heritage -
land of the free.
THE NATIONAL PLEDGE
I pledge myself to honour always the flag of Guyana, and
to be loyal to my country, to be obedient to the laws of
Guyana, to love my fellow citizens, and to dedicate my
energies towards the happiness and prosperity of
Guyana.
__________________

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 265
L.R.O. 1/2012
Article 222A

Article 154A,
212O(1)
THIRD SCHEDULE
ENTITIES
The Ethnic Relations Commission
The Human Rights Commission
The Women and Gender Equality Commission
The Indigenous Peoples’ Commission The Rights of the
Child Commission The Judiciary
The Office of the Auditor General.
__________________
FOURTH SCHEDULE
CONVENTIONS
Convention on the Rights of the Child.
Convention on the Elimination of All Forms of
Discrimination against Women.
Convention on the Elimination of All Forms of Racial
Discrimination.
Convention Against Torture and Other Inhuman or
Degrading Treatment or Punishment.
Covenant on Economic, Social and Cultural Rights.
Covenant on Civil and Political Rights.
LAWS OF GUYANA
266 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
L.R.O. 1/2012
Inter-American Convention on the Prevention,
Punishment and Eradication of Violence against Women.
_________________________


LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 101 267
L.R.O. 1/2012
SUBSIDIARY LEGISLATION
_________________
Proc. 2/1976 CONSTITUTION OF THE ORDERS OF
GUYANA

PROCLAMATION
By Proclamation dated the 25th day of May, 1976, the President proclaimed
the Constitution Orders of Guyana.
Citation.

Order of
Guyana.

Constitution of
the Orders of
Guyana.

Membership of
the Order of
Excellence.

Membership of
the Order of
Roraima.

Membership of
1. These provisions may be cited as the Constitution
of the Orders of Guyana.
2. There shall be three Orders of Guyana, namely,
the Order of Excellence of Guyana, the Order of Roraima of
Guyana, and the Order of Service of Guyana.
3. Each Order of Guyana shall consist of the
President and the Members and Honorary Members of the
Order.
4. Every citizen of Guyana appointed to be a
Member of the Order of Excellence of Guyana shall be a
Member of the Order, and every person appointed to be an
Honorary Member of the Order of Excellence of Guyana
shall be an Honorary Member of the Order.
5. Every citizen of Guyana appointed to be a
Member of the Order of Roraima of Guyana shall be a
Member of the Order, and every person appointed to be an
Honorary Member of the Order of Roraima of Guyana shall
be an Honorary Member of the Order.
6. (1) Every citizen of Guyana who is awarded the

LAWS OF GUYANA
268 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
the Order of
Service of
Guyana.

Style and
designation.

Order of
Excellence to
be highest
award.

Use of title and
decoration of
Members of
Cacique's Crown of Valour or the Cacique's Crown of
Honour or the Golden Arrow of Courage or the Golden
Arrow of Achievement or the Medal of Service or the
President's Commendation for Brave Conduct or a Star or
Medal in the Military or Disciplined Services Division shall
be a Member of the Order of Service of Guyana.
(2) Every person who is awarded the Cacique's
Crown of Valour or the Cacique's Crown of Honour or the
Golden Arrow of Courage or the Golden Arrow of
Achievement or the Medal of Service or the President's
Commendation for Brave Conduct or a Star or Medal in the
Military or Disciplined Services Division on an Honorary
basis shall be an Honorary Member of the Order of Service
of Guyana.
The Order of Excellence of Guyana
7. The Order of Excellence of Guyana shall consist of
one class of Members styled and designated Members.
8. (1) Appointment as a Member of the Order of
Excellence shall be the highest award of the State.
(2) Only citizens of Guyana of distinction and
eminence in a field of human endeavour of either national
or international significance or importance shall be eligible
for appointment as Members of the Order of Excellence.
(3) Awards within the Order of Excellence may be
made posthumously but a deceased recipient shall not be
regarded as a Member of the Order of Excellence for the
purpose of any provision limiting the number of Members
of the Order.
9. A citizen of Guyana who has been appointed a
Member of the Order of Excellence is entitled to—
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 269
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
the Order of
Excellence.
Maximum
number of
members of the
Order of
Excellence.
[Procl. 5/1981]

Honorary
Members.

Style and
designation.

Rank of Order
of Roraima.

(a) have the suffix O.E. placed after his
or her name; and
(b) wear as a decoration on appropriate
occasions the insignia and the ribbon
of the Order as prescribed in the
rules of the Order.
Membership, of the Order of Excellence shall be limited to
twenty-five living citizens of Guyana.
(2) The President may appoint to be Members of
the Order of Excellence one citizen every year or such
greater number as special circumstances may in his or her
opinion require, so long as a vacancy exists.
11. Any distinguished citizen of another country
who has rendered valuable service to Guyana or whom for
any other reason the State wishes to honour may be
appointed as an Honorary Member of the Order of
Excellence.
THE ORDER OF RORAIMA OF GUYANA
12. The Order of Roraima of Guyana consists of one
class of Members styled and designated as Members.
13. (1) The Order of Roraima shall rank next to the
Order of Excellence.
(2) The Order of Roraima may be awarded to any
citizen of Guyana who has rendered outstanding service to
Guyana.
(3) Awards within the Order of Roraima may be
made posthumously but a deceased recipient is not
regarded as a Member of the Order of Roraima for the
10. (1) Membership, other than Honorary
LAWS OF GUYANA
270 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

Use of title and
decoration of
Members of
the Order of
Roraima.
Maximum
number of
Members of
the Order of
Roraima.
[Procl. 5/1981
Procl. 4/1988]

Honorary
Members of
the Order of
Roraima.

Order of
Service of
Guyana.

Awards in the
Order of
Service of
Guyana.
purposes of section 15.
14. A citizen of Guyana who has been appointed a
Member of the Use of title Order of Roraima is entitled
to—
(a) have the suffix O.R. placed after his
or her name; and
(b) wear as a decoration on appropriate
occasions the insignia and the
ribbon of the Order as prescribed in
the rules of the Order.
15. (1) Membership, other than Honorary
Membership, of the Order of Roraima shall be limited to
thirty-five living citizens of Guyana.
(2) The President may appoint to be members of
the Order of Roraima one citizen every year of such greater
number as special circumstances may in his or her opinion
require, so long as a vacancy exists.
16. Any distinguished citizen of another country
who has rendered valuable service to Guyana or whom for
any other reason the State wishes to honour may be
appointed as an Honorary Member of the Order of
Roraima.
THE ORDER OF SERVICE OF GUYANA
17. The Order of Service of Guyana shall consist of
persons to whom awards specified in section 18 have been
made, whether as Members or Honorary Members.
18. (1) The following general awards within the
Order of Service may be made—
(a) the Cacique's Crown of Honour;
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 271
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

(b) the Golden Arrow of Achievement;
(c) the Medal of Service.
(2) The following special awards within the Order
of Service may be made for courage and bravery—
(a) the Cacique's Crown of Valour;
(b) the Golden Arrow of Courage;
(c) the President’s Commendation for
Brave Conduct.
(3) The following awards within the Order of
Service may be made for military service and for service in
the Police, Prisons and Fire Services—
(a) Military Service—

(i) The Military Service
Star;
(ii) The Military Service
Medal;
(iii) The Efficiency Medal
(b) Police, Prisons and Fire Services—
(i) The Disciplined
Services Star for
Distinguished Service;
(ii) The Disciplined
Services Medal for
Meritorious Service;
(iii) The Disciplined
Services Medal for
Long Service and Good
Conduct.
(4) Awards within the Order of Service may be made posthumously but a deceased recipient shall not be
LAWS OF GUYANA
272 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

The Cacique’s
Crown of
Honour.
[Procl. 1/1978]

regarded as a Member of the Order of Service for the
purpose of any provision limiting the number of Members
of the Order.
19. (1) The Cacique's Crown of Honour shall subject to
section 39 be the first grade of the Order of Service.
(2) The Cacique's Crown of Honour may be
awarded to –
(a) any citizen of Guyana who has
either—
(i) rendered service of an
exceptionally high quality
beyond the normal call of
duty in the public service,
local government services,
social and voluntary services,
industry or trade unions, or in
any other area of public
service;
(ii) achieved excellence of
national or international
standing and recognition in
the arts, professions, sciences
or sport or in any other area of
activity;
(b) any institution, organisation, body
corporate or group of persons
deserving of official recognition for
its contribution to the national
economy through a substantial and
sustained increase in production or
in export earnings or for its
achievement of a significant
advance, leading to increased
efficiency, in the application of
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 273
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

Use of design-
nation and
decoration by
person
awarded the
Honour.
[Procl. 1/1978]

The Golden Arrow of
Achievement.
[Procl. 1/1978]
technology to a production or
development process in industry or
for any other significant
achievement or contribution to
national development.
20. The award of Cacique’s Crown of Honour—
(a) to a person shall entitle him or her to
have the suffix C.C.H. placed after
his or her name and to wear as a
decoration the insignia and ribbon
prescribed for recipients of the
Cacique Crown of Honour in the
rules of the Order;
(b) under section 19(2)(b) shall not be
subject to the limitations imposed by
sections 25 and 26 and shall entitle
the recipient to display during the
ensuing period of five years an
emblem of the award, in particular,
on the packaging of, or on, goods
produced by it, on office stationery,
in its advertisements and on articles
used by employees of the recipient,
in the course of their duties.
21. (1) The Golden Arrow of Achievement shall
subject to section 39 be the second grade of the Order of
Service.
(2) The Golden Arrow of Achievement may be
awarded to –
(a) any citizen of Guyana who has
either—
Crown of
Cacique’s
LAWS OF GUYANA
274 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012


Use of design-
nation and
decoration by
person
awarded the
Golden Arrow
of
Achievement
[Procl. 1/1978]
(i) performed an outstanding
and specific act of service or
achievement of an exceptional
nature; or
(ii) given long and dedicated
service of a consistently high
standard in responsible
offices, local government
services, social and voluntary
services, industry or trade
unions, or in any other area of
public service.
(b) any institution, organisation, body
corporate or group of persons
deserving of official recognition for
its contribution to the national
economy through a substantial and
sustained increase in production or
in export earnings or for its
achievement of a significant
advance, leading to increased
efficiency, in the application of
technology to a production or
development process in industry or
for any other significant
achievement or contribution to
national development.
22. The award of the Golden Arrow of Achievement

(a) to a person shall entitle him or her
to have the suffix A.A. placed after
his or her name and to wear as a
decoration the insignia and ribbon
prescribed for recipients of the
Golden Arrow of Achievement in
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 275
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

The Medal of
Service.
[Procl. 1/1978]
the rules of the Order;
(b) under section 21(b) shall not be
subject to the limitations imposed by
sections 25 and 26 and shall entitle
the recipient to display during the
ensuing period of five years an
emblem of the award, in particular,
on the packaging of, or on, goods
produced by it, on office stationery,
in its advertisements and on articles
used by employees of the recipient,
in the course of their duties
23. (1) The Medal of Service shall be the third grade of
the Order of Service of Guyana.
(2) The Medal of Service may be awarded to –
(a) any citizen who has given service of
a special quality deserving of
official recognition or has given
not less than ten years' service with
exceptional dedication in the
public service, in local government
services, in the voluntary and
social services, in industry or the
trade unions or in any other area of
service to the community;
(b) any institution, organisation, body
corporate or group of persons
deserving of official recognition for
its contribution to the national
economy through a substantial and
sustained increase in production or
in export earnings or for its
achievement of a significant
LAWS OF GUYANA
276 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

Use of desig-
nation and
decoration by
persons
awarded the
Medal of
Service.
[Procl. 1/1978]

Maximum
number of
members of the
Order of
Service.
[Procl. 1/1980
4/1988]

advance, leading to increased
efficiency, in the application of
technology to a production or
development process in industry or
for any other significant
achievement or contribution to
national development.
24. The award of the Medal of Service—
(a) to a person shall entitle him or her
to have the suffix M.S. placed after
his or her name and to wear as a
decoration the insignia and ribbon
prescribed for recipients of the
Medal of Service in the rules of the
Order;
(b) under section 23 (2) (b) shall not be
subject to the limitations imposed by
sections 25 and 26 and shall entitle
the recipient to display during the
ensuing period of five years an
emblem of the award, in particular,
on the packaging of, or on, goods
produced by it, on office stationery,
in its advertisements and on articles
used by employees of the recipient,
in the course of their duties
25. Awards (not including awards on an honorary
basis) are limited in the case of the Cacique's Crown of
Honour to one hundred living citizens of Guyana, in the
case of the Golden Arrow of Achievement to two hundred
living citizens of Guyana and in the case of the Medal of
Service to three hundred and fifty living citizens of
Guyana.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 277
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
Allocation of
awards.
[Procl. 5/1981]

Award of a
higher grade in
the Order of
Service.
[Procl. 5 /1981]

The
Cacique's
Crown of
Valour.
26. The President may award—
(a) the Cacique's Crown of Honour to a
maximum of two citizens of Guyana
every year or such greater number
as special circumstances may in his
or her opinion require, so long as
vacancies exist;
(b) the Golden Arrow of Achievement
to a maximum of five citizens of
Guyana every year or such greater
number as special circumstances
may in his or her opinion require,
so long as vacancies exist;
(c) the Medal of Service to a maximum
of ten citizens of Guyana every year
or such greater number as special
circumstances may in his or her
opinion require so long as vacancies
exist.
27. Where a person who holds an award under
section 18 (1), is given a higher award thereunder, he or she
shall return his or her insignia and ribbon relating to the
lower award to the Chancellor of the Order and shall wear
the insignia and ribbon of the higher award and use the
suffix of the higher award after his or her name.
28. (1) The Cacique's Crown of Valour shall be
awarded for the highest acts of bravery in circumstances of
great danger involving serious risk to life.
(2) Where the award is made to a person who
already holds the Cacique's Crown of Honour for
distinguished services other than bravery, he or she shall
return the insignia and ribbon relating to the latter award to
LAWS OF GUYANA
278 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

The Golden
Arrow of
Courage.
the Chancellor of the Order and shall wear the special
insignia for bravery, which consists of the normal insignia of
the Cacique's Crown of Honour with the words "For Valour"
emblazoned on the reverse side of the Medal, and the ribbon
edged in scarlet to denote bravery. In addition, the person
shall wear a silver bar on his or her ribbon to denote that he
or she holds both awards.
(3) For any second or subsequent act of bravery
meriting similar recognition a person awarded the
Cacique's Crown of Valour shall be awarded a bronze bar
to be worn on the ribbon for each such act.
(4) A person to whom the Cacique's Crown of
Valour has been awarded shall be entitled to—
(a) have the C.C.V. placed after his or her
name;
(b) wear as a decoration the insignia and
ribbon prescribed for the recipients of
the Cacique’s Crown of Valour in the
rules of the Order.
29. (1) The Golden Arrow of Courage shall be the
second highest award for bravery.
(2) For any second or subsequent act of bravery
meriting similar recognition a person awarded the Golden
Arrow of Courage shall be awarded a bronze bar to be
worn on the ribbon for each such act.
(3) A person to whom the Golden Arrow of
Courage has been awarded is entitled to—

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 279
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

President’s
Commenda-


The Military
Service Star.
The Military
Service Medal.
(a) have the suffix A.C. placed after his
or her name; and
(b) wear as a decoration the insignia
and ribbon prescribed for recipients
of the Golden Arrow of Courage in
the rules of the Order.
30. (1) The President's Commendation for Brave
Conduct shall be awarded for lesser acts of bravery
deserving of official recognition by the State.
(2) The award shall bear no medal but a person so
recognised shall wear a typical Guyana leaf in gold in
miniature as prescribed in the rules on occasions when
medals or ribbons are to be worn. He or she shall also
receive a citation signed by the President over the Seal of
Guyana.
31. (1) The Military Service Star shall be the highest
award of the State for military service by officers of the
Guyana Defence Force and shall be awarded for gallantry
in action or service of an exceptionally high quality beyond
the normal call of duty.
(2) A person to whom the Military Service Star
has been awarded is entitled to—
(a) have the suffix M.S.S. placed after
his or her name; and
(b) wear as a decoration on appropriate
occasions the insignia and ribbon
prescribed in the rules of the Order.
32. (1) The Military Service Medal may be awarded in
respect of military service by members of the Guyana
tion for Brave
Conduct.
LAWS OF GUYANA
280 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

The Efficiency
Medal.
The Profile
Prisons and
Fire Services
awards.

The
Disciplined
Services Star.
Defence Force for gallantry in action or other distinguished
service beyond the normal call of duty.
(2) A person to whom the Military Service Medal
has been awarded is entitled to—
(a) have the suffix M.S.M. placed after
his or her name; and
(b) wear on appropriate occasions the
insignia and ribbon prescribed in the
rules of the Order.
33. The Efficiency Medal may be awarded in respect
of military service to officers and other ranks of the Guyana
Defence Force who complete not less than ten years
efficient service.
34. The Disciplined Services Star for Distinguished
Service or the Disciplined Services Medal for meritorious
service or the Disciplined Services Medal for long service
and good conduct may be awarded to a citizen in respect of
service as a member of the Police Force or the Prisons
Service or the Fire Brigade. The insignia and ribbons of
these awards shall show the respective services in respect
of which they were awarded.
35. (1) The Disciplined Services Star shall be the
highest award of the State for distinguished service beyond
the normal call of duty in the Police Force or the Prisons
Service or the Fire Brigade.
(2) A person to whom the Disciplined Services
Star has been awarded is entitled to—
(a) have the suffix D.S.S. placed
after his or her name; and

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 281
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

The
Disciplined
Services Medal
for meritorious
service.

The
Disciplined
Services Medal
for long service
and good
conduct.

(b) wear as a decoration on
appropriate occasions the
insignia and ribbon
prescribed in the rules of the
Order.
36. (1) The Disciplined Services Medal for
meritorious service shall be awarded for sustained and
dedicated service of a high order.
(2) A person to whom the Disciplined Services
Medal for meritorious service has been awarded is entitled
to—
(a) have the suffix D.S.M. placed after
his or her name; and
(b) wear as a decoration on appropriate
occasions the insignia and ribbon
prescribed in the rules of the Order.
37. The Disciplined Services Medal for long service
and good con- duct shall be awarded under the following
conditions—
(a) the award shall be granted after the
completion of fifteen years'
continuous whole-time service;
(b) the person recommended shall have
no entry in his or her defaulters'
record for a period of twelve years;
and
(c) not more than two bars shall be
awarded and each bar shall be
awarded after an interval of five
years.

LAWS OF GUYANA
282 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
Honorary
awards.

Precedence
among
Members of
the Order of
Service of
Guyana.

Precedence for
other Awards.

The
Chancellor.

Administration
of the Orders.

38. Any citizen of another country who has rendered
valuable service to Guyana or has performed an
outstanding and specific act of service or achievement of
an exceptional nature may be eligible for an award under
section 18 on an honorary basis.
39. Members of the Order of Service of Guyana shall
rank among themselves in the following order—
(a) The Cacique's Crown of Valour;
(b) The Cacique's Crown of Honour;
(c) The Golden Arrow of Courage;
(d) The Golden Arrow of Achievement;
(e) The Medal of Service;
(f) The President’s Commendation for
Brave Conduct.
40. The Order of precedence for Military Service
Awards and the Precedence of Police, Prisons and Fire
Service Awards shall be prescribed in the rules of the
Order.
ADMINISTRATION OF THE ORDERS
41. The President of Guyana shall be the Chancellor of
the Order of Excellence of Guyana, the Order of Roraima of
Guyana and of the Order of Service of Guyana.
42. The Chancellor of the Orders shall be charged
with the administration of the Orders.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 283
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
Power to make
rules
governing
precedence.
Advisory
Council.
43. The Chancellor of the Orders shall make rules
governing the Order of precedence of Honours in Guyana.
44. There shall be an Advisory Council for the Orders,
hereinafter called “the Council”, comprised of—
(a) the Chancellor of the Supreme Court
of Judicature, who shall be the
Chairman of the Council;
(b) not less than five nor more than
seven other members (hereinafter
called "the appointed members"),
who shall be citizens of Guyana and
who shall be appointed as follows,
that is to say—
(i) not more than four
members appointed by
the President acting
after consultation with
the Prime Minister;
(ii) one member appointed
by the President after
consultation with the
Leader of the
Opposition;
(iii) one member appointed
by the President acting
in accordance with his
or her own deliberate
judgement;
(iv) one other member
appointed by the
President acting after
consultation with the
Prime Minister, from
LAWS OF GUYANA
284 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

Vacation of
office by
appointed
members of the
Council.


Functions of
the Council.
among citizens of
Guyana who are
members of the Order
of Excellence of
Guyana:
Provided that the Advisory Council may act
notwithstanding any vacancy in its membership or the
absence of any member.
45. (1) The office of an appointed member of the
Council shall become vacant—
(a) if he or she resigns from that office
by writing under his or her hand
addressed to the President ;
(b) at the expiration of three years from
the date of his or her appointment or
at such earlier time as may be
specified in the instrument by which
he or she was appointed; or
(c) if he or she is appointed to the office
of Chancellor of the Supreme Court
of Judicature.
(2) Any appointed member whose term of office
has expired shall be eligible for re-appointment.
46. The Council shall—
(a) consider nominations of citizens of
Guyana made by ministries of the
Government through the permanent
secretaries, nominations made by
any organisation approved by the
Council and nominations initiated
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 285
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012

The Secretary
General.
[Procl.5/1981]

Other
officials.

Making of
awards.
by members of the Council for—
(i) appointments to the Order of
Excellence of Guyana or the
Order of Roraima of Guyana;
or
(ii) awards within the Order of
Service of Guyana;
(b) submit to the President a list of
persons whom the Council
recommend for appointment to the
Order of Excellence of Guyana, the
Order of Roraima of Guyana or for
awards within the Order of Service
of Guyana;
(c) advise the President in respect of
any other matters concerning the
Orders.
47. The Permanent Secretary to the Office of the
President or any such person as he or she may designate
for the purpose shall be the Secretary- General of the
Orders and as such shall maintain the records of the Orders
and of the Council, arrange investitures and perform such
other functions as the President may direct.
48. (1) The President may appoint such other officials
of the Orders as he or she, in his or her discretion,
considers advisable.
(2) A person shall not be deemed to be a member
of any of the Orders by reason only of his or her being a
member of the Advisory Council or an official of the
Orders.
49. The President, after satisfying himself that the
LAWS OF GUYANA
286 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
[Procl.5/1981]
Appointments
and awards to
be under Seal.

Review of
maximum
number of
members of the
Order.

Termination of
Membership of
Orders.

Insignia and
ribbon to be
returned
recommendations are in order, may approve the
recommendations made by the Council.
50. All appointments to and awards within the three
Orders, shall be made by instrument signed by the President
and sealed with the Seal of Guyana and shall have effect
from the date of affixing of the under Seal. Seal, unless
another effective date is specified in the Instrument.
51. The Cabinet may, on the recommendation of the
Advisory Council tendered through the President, review
the maximum number of members prescribed for any of the
Orders.
TERMINATION OF MEMBERSHIP
52. (1) A person shall cease to be a Member or an
Honorary Member of an Order upon—
(a) his or her death;
(b) his or her resignation from the
Order, which shall take effect from
the date on which a resignation in
writing is accepted by the President;
or the revocation of his or her
appointment or award by the
President.
(2) The President may revoke the appointment of
any person who is a member of the Order of Excellence of
Guyana or of the Order of Roraima of Guyana or the award
of any person who is a member of the Order of Service of
Guyana on the advice of the Prime Minister after
consultation with the Advisory Council.
53. Where a person ceases to be a Member or an
Honorary Member of an Order under the provisions of
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 287
[Subsidiary] Constitution of the Orders of Guyana
L.R.O. 1/2012
where person
ceased to be a
member of an
Order.


Necessity for
Seal.

Custody of
insignia and
records.
Power to make
rules.
section 52 by virtue of his or her resignation from the Order
or the revocation of his or her appointment or award, his or
her insignia and ribbon shall be returned to the Chancellor
of the Member of Orders.
SEAL
54. No appointment, award, rule, or any revocation
thereof, shall necessarily have effect unless it has been
sealed with the Seal of Guyana.
CUSTODY OF INSIGNIA AND RECORDS
55. The President shall have the custody of the
insignia, ribbons and of all records of the Orders. The
insignia and ribbons of the Orders shall remain the property
of the Orders.
RULES OF THE ORDERS
56. The President may make Rules, relating to the
establishment, Power to government, investitures and
insignia and ribbons of the Orders.
__________________


LAWS OF GUYANA
288 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
Ribbons) Rules
L.R.O. 1/2012

R. 1/1981 CONSTITUTION OF ORDERS OF GUYANA
(REPLACEMENT OF MEDALS,
MINIATURES AND RIBBONS)
RULES
made under section 56
Citation.
Application for
replacement.
Application to
state
circumstances.
Mode of
dealing with
application.
1. These Rules may be cited as the Constitution of the
Orders of Guyana (Replacement of Medals, Miniatures and
Ribbons) Rules.
2. A recipient of an award under the Constitution of
the Orders of Guyana may, where it becomes necessary to
obtain a replacement of a medal ribbon or miniature issued to
him or her in respect of that award, make an application to
the Secretary-General for replacement of such medal, ribbon
or miniature:
Provided that where the recipient is a member of a
disciplined force, such application shall be made through
the head of the disciplined force of which he or she is a
member.
3. (1) An application made under rule 2 shall state the
circumstances giving rise to the application and shall be
signed by the applicant.
receipt of every such application.
4. (1) Where the Secretary-General is satisfied that the
circumstances set out in the application warrant its approval
he or she shall inform the applicant of –
[Subsidiary] Constitution of Orders of Guyana (Replacement of Medals, Miniatures and
(2) The Secretary-General shall acknowledge the
LAWS OF GUYANA
Constitution Cap. 1:01 289
[Subsidiary] Constitution of the Orders of Guyana (Replacement of Medals,
Miniatures and Ribbons) Rules
L.R.O. 1/2012
(a) the cost of replacement of the medal,
ribbon or miniature including, where it
is to be posted to him or her, postage;
(b) the date on which the medal, ribbon or
miniature may be issued to him or her
or to a person authorised in writing by
him or her be posted to his or her
address where a request for posting has
been made by him or her.
(2) Where the Secretary-General is not satisfied that
the circumstances set out in the application warrant its
approval he or she shall refuse the application and inform the
applicant accordingly.
(3) Where an application is refused under rule 4 (2),
the applicant may, within ten days of being informed of the
refusal, appeal against such refusal to the Chairman of the
Council whose decision on such appeal shall be final.
__________________



LAWS OF GUYANA
290 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Constitution of Orders of Guyana(Replacement of Medals, Miniatures and
Ribbons) Rules
L.R.O. 1/2012
PUBLIC SERVICE COMMISSION
RULES
ARRANGEMENT OF RULES
RULE
CHAPTER I
PRELIMINARY
1. Citation
2. Interpretation.
CHAPTER II
THE PUBLIC SERVICE COMMISSION
3. Composition and Functions, Oath of Office.
4. Meetings.
5. Procedure, quorum and voting.
6. Termination of Service, Decisions other than at meeting.
7. Leave of absence.
8. Secretary to the Commission.
9. Duties of Secretary.
10. Record of meeting and decisions.
11. Evidence.
12. Non-compliance in appearing before Commission.
13. Certificates, testimonials and recommendations.
14. Delegation of powers.
15. Unauthorised disclosure of information.
16. Offence to give false information or to influence Commission.
17. Publication of instruments of delegation.
18. Review by Commission of delegated authority.
19. Protection of Chairman and Members.
20. Director of Public Prosecutions fiat.
Public Service Commission Rules
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 291
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

RULE
CHAPTER III
APPOINTMENTS, PROMOTIONS AND TRANSFERS
21. Application for appointment.
22. Admission to public service.
23. Filling of vacancies.
24. Appointment within the particular section.
25. Appointment within the public service.
26. Appointments in special cases.
27. Advertisements of vacancies.
28. Selection boards.
29. Principles of selection for promotion.
30. Seniority list to be kept up-to-date.
31. Seniority determined by date of appointment.
32. Commission to determine seniority.
33. Principles of selection for acting appointment followed by
substantive appointment.
34. Permanent Secretary to notify eligible officers of vacancies.
35. Principles of selection for acting appointment not followed
by substantive appointment.
36. Recommendation for acting appointment to be submitted in
advance.
37. Reasons for supersession to be stated.
38. Notice to officers transferred.
39. Representation by officer.
40. Date of appointment.
41. Medical examination on appointment.
CHAPTER IV
PROBATIONARY APPOINTMENTS
42. Period of probation on first appointment.
43. Commission to determine requirement of probation.
44. Waiver portion of period of probation.
45. Confidential reports on officer on probation.
LAWS OF GUYANA
292 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
RULE
46. Officer may make representation.
47. Commission to confirm appointment.
48. Permanent Secretary to keep records.
49. Commencing pay.
CHAPTER V
STAFF APPRAISAL REPORTS
50. Staff reports. Officer to be informed of adverse report.
51. (1)Officer to be informed of shortcomings and given
instructions on how to perform his duties.
(2) Report to determine eligibility for promotion.
CHAPTER VI
RETIREMENT AND TERMINATION OF APPOINTMENTS
53. Termination of appointment by officer.
54. Abandonment.
55. Instances for termination of appointment mainly by
employer.
56. Compulsory and voluntary retirement.
57. Premature retirement and retirement in public interest.
58. Retirement in special cases.
59. Termination of appointment on abolition of office or for
facilitating improvement in the organisation of a Ministry or
Department
60. Termination of appointment by dismissal on grounds of
unsatisfactory service.
61. Medical Boards.
62. Unfit officers.
63. Communication to determine date service terminated.

52. Representation with respect to adverse report.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 293
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
RULE
CHAPTER VII
DISCIPLINE
64. Officer liable to disciplinary proceedings.
65. Permanent Secretary or Head of Department to inform
police of alleged criminal offence. Prosecution before
the Court. Suspension by the Commission.
66. Departmental disciplinary proceedings. Disciplinary
tribunal.
67. Duties of disciplinary tribunal.
68. Notification of charge and tribunal report.
69. Refusal to make statement.
70. Witnesses.
71. Procedure of disciplinary tribunal.
72. Adjournment of hearing.
73. Failure to attend hearing.
74. Main purpose of tribunal.
75. Report of tribunal to be forwarded to Secretary.
76. Tribunal report to be examined by Commission.
77. Commission may call for fresh proceedings.
78. Proceedings to be private.
79. Penalties.
80. No disciplinary action while criminal proceedings
pending.
81. Disciplinary Tribunal may adjourn and report to
Commission.
82. Disciplinary Tribunal to report where evidence
insufficient.
83. Disciplinary Tribunal to report other misconduct
disclosed at hearing.
84. Commission to consider report of tribunal and inform
officer of findings.
85. Commission may remove officer in public interest.
86. Disciplinary action after acquittal of criminal charge.
87. Conviction on criminal charge.
88. Non-payment of remuneration.
89. Definition of misconduct.
LAWS OF GUYANA
294 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
RULE
CHAPTER VIII
CONDUCT
90. General conduct.
91. Duties of officer.
92. Discourtesy
93. Absence without leave.
94. Not to participate at public meetings. Not to allow
interviews. Not to publish comments.
95. Bankruptcy.
96. Gifts or rewards.
97. Legal proceedings.
98. Breach of rules.
____________________
PUBLIC SERVICE COMMISSION
RULES
made under the Constitution of Guyana
CHAPTER I
Citation. 1. These Rules may be cited as the Public Service
Commission Rules.
Interpretation.
2. In these Rules, unless the context otherwise
requires –
“acting appointment” means the temporary appointment of
an officer to a higher office whether that office is
vacant or not;
R 15/1/1999
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 295
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
c. 22:02
c. 11:01
“appointment” means the placing of a person in an office in
the public service;
“the Chairman” means the Chairman of the Commission;
“the Commission” means the Public Service Commission
constituted under Article 200 of the Constitution;
“the Constitution” means the Constitution of the Co-
operative Republic of Guyana;
“Fire Service” means service in the Guyana Fire Service
established by the Fire Service Act, or any act
amending the same;
“Head of Department” means the Head of Department
responsible for the administration of a Department of
Government whether or not that Department is
integrated with a Ministry;
“Official Gazette” means the Official Gazette published by
order of the Government and includes supplements
thereto and any Extraordinary Official Gazette so
published;
“Permanent Secretary” means the administrative head of a
Ministry;
“prescribed form” means the appropriate form as may from
time to time be prescribed by the Commission;
“Prison Service” means service in the Guyana Prison Service
established by the Prisons Act, or any Act amending
the same;
“promotion” means the appointment of an officer either
substantively or to act in any office higher than the
office or post that the officer was holding
LAWS OF GUYANA
296 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
c. 27:02
c. 28:09
substantively immediately before such appointment
and includes such appointment by way of
secondment, transfer or otherwise of that officer;
“public office” subject to the provision of Article 232(5) of the
Constitution means a permanent office of emolument
in the public service;
“public officer or officer” means a person who holds or is
acting in a public office of the public service and who
is subject to the jurisdiction of the Commission;
“public service” means service of the Government of Guyana
in a civil capacity and includes the Guyana Fire
Service and the Guyana Prison Service;
“secondment” means the temporary assignment of an officer
in a particular Ministry or Department to serve for a
period in an office of another Ministry or Department
or in the public service of a Government as defined in
the Pensions Regulations, or in an office under a
statutory board, or Local Democratic Organs Act as
defined in Section 2 of the Local Democratic Organs
Act;
“statutory board” includes corporation, tribunal, commission,
Committee or other similar body as approved by the
Commission;
“the Secretary” means the Secretary to the Commission;
“transfer” means the release of an officer from his position in
the public service for service in a similar graded or
higher position of the public service or the
relinquishment of an officer’s position for service on a
statutory board.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 297
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Composition
and functions.
Oath of office
Form 1.

Form II & III.

Meetings.

CHAPTER II
THE PUBLIC SERVICE COMMISSION
3. (1) The Composition and functions of the Public
Service Commission are set out in article 200 to 205 (inclusive)
of the Constitution.
(2) The Chairman and other members of the
Commission shall, as soon as possible after appointment, take
the oath or make the affirmation set out in Form 1 of the
Schedule.
(3) Such oath or affirmation shall be administered
by or made before the President.
(4) The Secretary and other members of the staff of
the Commission shall on their appointment as such, take the
oath or make the affirmation set out in Form II and Form III of
the Schedule respectively. Such oath or affirmation shall, in
the case of the Secretary, be administered by or made before
the Chairman of the Commission, and in the case of the other
members of the staff shall be administered by or before the
Secretary.
4. (1) The Commission shall meet as often as may be
necessary for the purpose of performing its functions and
such meetings shall be held on such days and at such time
and place as the Chairman or, if he is not available, the
Deputy Chairman shall determine. If the Chairman and the
Deputy Chairman are not available, the Commission shall
meet on such days and at such time and place as the member,
for the time being who is appointed to act in the office as
Chairman under Article 200 (5) of the Constitution, shall
determine.
(2) Where a member fails to attend at least four
consecutive meetings without reasonable excuse, the
Chairman shall make a report to the President.
LAWS OF GUYANA
298 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Procedure,
quorum and
voting.

Termination of
service under
any law.

Decisions other
than at
meetings.
5. (1) The Chairman, or in his absence the Deputy
Chairman or the member, who for the time being is appointed
to act in the office of Chairman shall preside at meetings.
(2) At any meeting of the Commission, the
Chairman or the Deputy Chairman or the acting Chairman
and two members shall constitute a quorum.
(3) All questions for discussion at any meeting
shall be decided by a majority of the votes of the members
present.
(4) The Chairman, or in his absence the Deputy
Chairman or the member for the time being acting in the
office of Chairman shall have an original vote, and in the
event of any equality of votes, shall have as well a second or
casting vote.
(5) Where in respect of a decision in a disciplinary
charge the votes are equally divided on the question as to
whether a public officer should be removed from office, the
Chairman, Deputy Chairman or other member who is for the
time being acting in the office of Chairman shall not have a
casting vote and the power to remove the public officer from
officer shall not be exercised.
6. (1) Where under any law the services of a public
officer can be terminated with redundancy or severance
benefits, after any prescribed period of notice is given the
officer, the recommendation of the Permanent Secretary or
Head of Department for any such termination shall be
forwarded to the Commission for its approval.
(2) Notwithstanding rule 5 but subject to rule 6 (3)
any question for decision by the Commission may, instead of
being decided at a meeting of the Commission, be decided by
circulation of the relevant papers to all members for them to
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 299
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Grant of leave
of absence to
members.

Secretary to the
Commission.

Duties of
Secretary.
express the views in writing and record their decision, and in
such case the decision shall be in accordance with the view
expressed by the majority of members.
(3) If any member requires that a matter or
question being dealt with by circulation of the relevant papers
shall be reserved for consideration at the next following
meeting of the Commission no decision shall be made on that
matter or question except at a meeting of the Commission.
7. The Chairman, at his discretion, may on the
application of any member of the Commission, grant to such
member leave of absence from the Commission and forthwith
notify the President of any leave so granted.
8. There shall be a Secretary to the Commission who
shall be a public officer.
9. It shall be the duty of the Secretary –
(a) to submit, whether in writing or
orally matters for the decision of the
Commission;
(b) to notify members of the Commission
as to the day, time and place of
meetings of the Commission;
(c) to attend meeting of the Commission;
(d) to ensure that all documents and
papers relating to any matter being or
to be considered by the Commission
are made available to the
Commission, and that all the
decisions of the Commission are
carried out;

LAWS OF GUYANA
300 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Record of
meetings and
decisions.

Dissents.

Evidence given
at enquiry.

Consultation
with other
persons.
(e) to be the chief executive officer
responsible for the administrative
functions of the secretariat of the
Commission; and
(f) generally, to be responsible for
matters relating to the functions of the
Commission.
10. (1) The Secretary shall ensure that minutes of all
meetings of the Commission and of all decisions arrived at
under Rule 6, shall be fully recorded and kept, and that the
minutes shall be presented for confirmation by the
Commission as soon as practicable and at a subsequent
meeting or by individual members on circulation thereof.
(2) Any member of the Commission who dissents
from a decision may require that his dissent and reasons for
dissenting be recorded in the minutes.
11. (1) The Commission at its discretion may require
any public officer or other person to attend and give evidence
before it touching any matter concerning the conduct of a
public officer which it has under enquiry and may require
that public officer or other person to produce any official
document or other document relating to that matter.
(2) All oral evidence given before the Commission
shall be upon oath or affirmation administered by the
Secretary in accordance with the form of oath or affirmation
prescribed by the provision of the Evidence Act, Chapter 5:02.
(3) The Commission in considering any matter or
question may in its discretion consult with the executive of an
association of public officers or with any person or body of
persons as the Commission may consider proper and
desirable and may require that person or persons to attend a
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 301
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


None
compliance.

Certificates,
testimonial and
recommend-
ations.

Delegation of
powers.
meeting of the Commission for the purpose of assisting the
Commission in its deliberation on such matter or question
whether by furnishing written or oral information or
otherwise.
12. Any public officer who without reasonable excuse
fails to appear before the Commission when required to do
so, or who fails to comply with any reasonable request made
by the Commission or with any requirement of these rules
shall be guilty of misconduct.
13. (1) Members of the Commission shall not issue any
written certificates, testimonial, recommendation or other
document supporting the application of any person for
appointment to an office in the public service.
(2) Nothing in the preceding rule shall prohibit any
person (other than members of the Commission) from giving
a certificate, testimonial or recommendation to any applicant
or candidate for any public office.
14. Subject to article 201(2) of the Constitution and the
Public Service Rules the Commission with the approval of the
Prime Minister may delegate to a Permanent Secretary, Head
of Department or the Clerk of the National Assembly any of
the powers and functions of the Commission detailed
hereunder.
A. TEMPORARY APPOINTMENTS
The power to appoint persons on recruitment from
outside the Guyana Public Service in a temporary capacity to
an office in a Ministry or Department.
B. ACTING APPOINTMENTS
(1) The power to appoint a person to act in a public
office in any Ministry or Department whether such acting
LAWS OF GUYANA
302 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
appointment is in a vacant post or a post which is
temporarily vacant, provided that the acting appointment is
for a period not exceeding four months and where it is made
in respect of a vacant post, the officer is informed that such
acting appointment shall not give him or her any prior claim
to eventual permanent appointment thereto.
(2) In the exercise of the power delegated under
rule 14A above, the Permanent Secretary or Head of
Department shall apply the principles of selection
prescribed in rule 29 hereunder.
C. SUBSTANTIVE APPOINTMENTS
The power to appoint persons substantively to a public office
in any Ministry or Department.
D. TRANSFERS
(1) The power to transfer a public officer from an
office in a grade in a Ministry or Department to which such
an officer is assigned to a similar office in that grade in the
same or some other Ministry or Department with no
alteration with respect to his or her remuneration.
(2) The power delegated under rule D (1) above shall
be exercised by the Permanent Secretary or Head of
Department in accordance with the provisions of rule 38
hereunder which requires notice to be given to such officer
and which preserves the right of the officer transferred to
make representations to the Commission.
E. SUSPENSION:-
The power to direct a public officer assigned to a
Ministry or Department to cease to report for duty in
accordance with rule 65(3) (a) hereunder and the Permanent
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 303
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

c. 96:01
Publication and
disclosure of
information to
unauthorised
person
prohibited.

Offence to give
false
information or
influence the
Commission.
Secretary or Head of Department shall report the exercise of
this power forthwith to the Commission.
F. DISCIPLINE:-
(1) The power to exercise disciplinary control in
respect of any alleged act of misconduct or indiscipline as
specified in the Public Service Rules to the extent that the
public officer with any offence described in the aforesaid
Public Service Rules and may impose, in respect of such
misconduct or indiscipline the appropriate penalty therein
specified or as specified in the Termination of Employment
and Severance Pay Act.
15. (1) Save and except in the course of his duty, no
person shall, without the written permission of the
Commission, publish or disclose to any person the contents or
any part thereof of any document, communication or
information whatsoever which has come to his possession or
knowledge in the course of his duties as a member of the
Commission or a member of the staff of the Commission in
respect of any matter to be or already dealt with by the
Commission under the Constitution or these rules.
(2) No public officer, who has knowledge or
possession of any information which has been disclosed in
contravention of the provisions of this rule, shall publish or
communicate it to any other person otherwise than for the
purpose of any prosecution or proceedings under these rules.
16. (1) Any public officer who, in connection with an
application by any person for appointment to a public office,
gives to the Commission or to any member thereof or to any
person or body of persons appointed to assist the
Commission in the exercise of its functions or the discharge of
its duties any information which to his knowledge is false in a
Permanent Secretary or Head of Department may charge a
LAWS OF GUYANA
304 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
c. 96:01

c. 96:01

Instruments of
delegation to
be published.
material particular, or by reason, of any wilful omission of a
material particular, shall be guilty of an offence under these
rules and liable to disciplinary action under section 18(2) of
the Termination of Employment and Severance Pay Act.
(2) Any public officer who otherwise than in the
course of his duty, directly or indirectly by himself or any
other person in any matter whatsoever influence or attempts
to influence any decision of the Commission or Chairman or
any member thereof, shall be guilty of an offence under these
rules and liable to disciplinary action under Section 18(2) of
the Termination of Employment and Severance Pay Act.
17. (1) Whenever, the Commission delegates any of its
powers to any of its members or to any public officer in
accordance with paragraph (2) of Article 201 of the
Constitution, the Secretary shall cause notice of such
delegation to be published in the Official Gazette.
(2) A notice published under rule 17 (1) shall
contain the information specifying –
(a) the powers delegated;
(b) the person or persons to whom such
delegation is made;
(c) the extent of such delegation;
(d) the terms and conditions of such
delegation and may include –
(i) the manner in which matters
dealt with under such
delegation may reach the
Commission;

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 305
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Reference of
certain cases to
Commission.
(ii) the procedure to be followed in
dealing with matters under
such delegated authority.
(3) Every delegation under this rule shall be
revocable by the Commission at anytime.
18. Where by virtue of the provisions of paragraph (2)
of Article 201 of the Constitution, the power to remove or to
discipline a public officer has been exercised by a person or
authority so delegated by the Commission, the public officer
in respect of whom the power was so exercised may apply to
the Commission to review the decision taken by such persons
or authority in accordance with the following provisions:-
(a) The public officer shall within a month
of receiving the notification of his
removal or disciplinary punishment,
forward a request through the
Permanent Secretary of the Ministry
or Head of Department in which he is
serving to the person or authority
who exercised the power to remove or
discipline him to refer the matter to
the Commission for review and he
shall serve forthwith a copy of such
request on the Secretary to the
Commission.
(b) Upon receipt of a request under the
preceding paragraph, the person or
authority who exercised the power to
remove or discipline shall forthwith
prepare a report of the matter and
forward to the Secretary such report,
together with all documents, papers
and other matters relating thereto and
any comments he may wish to make
LAWS OF GUYANA
306 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Protection of
Chairman and
Members of the
Commission.

Direction of
Public
Prosecutions
fiat.

Application for
appointment.

Admission to
the public
service.
for the consideration of the
Commission.

19. The Chairman and any member of the
Commission shall have such protection and privileges
respecting any action or suit brought against him for any act
done or omitted to be done in the execution of his duty as are
by law given to any Judge of the Supreme Court of Judicature
acting in the execution of his office.
20. A prosecution under these rules shall not be
instituted except by or with the consent of the Director of
Public Prosecutions.
CHAPTER III
APPOINTMENTS, PROMOTION AND TRANSFERS
21. Every application for a first appointment to the
public service shall be addressed to the Secretary on the
prescribed form.
22. (1) Arrangements may be made by the
Commission for the holding of written competitive
examinations as may be considered necessary from time to
time for admission to, or promotion within the public service.
(2) Any position in the public service which
requires the applicant to take a written examination and/or
interview shall be specified in any notification published in
the Official Gazette or the newspapers and on the basis of
such examination and/or interview conducted by the
Commission, the applicant for appointment shall be selected.
(3) Any applicant who fails the examination or
interview for admission to the public service in any year,
shall, if he wishes to be considered again for appointment, re-
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 307
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Filling of
vacancies.
apply and re-submit himself for the examination and/or
interview in any following year, notwithstanding that he may
have held a temporary appointment in the public service in
the meantime.
(4) Any applicant who passes the examination for
admission to the public service in any year but fails to obtain
an appointment shall, if he wishes to be considered for
appointment, re-apply and re-submit himself for an interview
in the following year, but the Commission may in such case
as it shall think fit, waive the requirements of this Rule.
(5) If more than two years elapse between the date
when an applicant passes the examination for admission to
the public service and the date when he re-applies to be
considered for an appointment, then the Commission may, as
it thinks fit, require the applicant to re-submit himself for the
examination and interview.
(6) All examination to be held under this rule shall
be set and the papers marked by such Examination Board as
may be appointed by the Commission for that purpose, and
the Secretary shall be responsible for the conduct of the
examinations.
(7) An applicant shall not be permanently
appointed until he or she has satisfactorily passed a medical
examination conducted by a Government Medical Board.
23. (1) As soon as it is known that a vacancy will occur
and it is required by the Government that the vacancy should
be filled either by a substantive, temporary, or acting
appointment, or transfer from one Ministry/Department to
another, the Permanent Secretary or Head of Department
shall communicate the information to the Secretary, in
writing, and shall request that the vacancy be filled and make
his recommendations regarding the filling of the vacancy.
This rule does not apply to internal transfer within a
LAWS OF GUYANA
308 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Appointments
within the
particular
section within
the public
service.
Appointments
from within the
public service.

Appointments
in special cases.
Ministry/Department.
(2) The Secretary shall, from time to time by
circular, memoranda or by publication in the Official Gazette,
the newspapers or on the radio, give notice of vacancies
which are to be filled in the public service including the
duties and qualifications for the vacant posts and invite
applications for appointments, thereto. Such applications
shall be made on the prescribed form and forwarded direct to
the Secretary and a copy forwarded at the same time to the
Permanent Secretary of the Ministry or the Head of the
Department in which the officer is serving, but failure of an
eligible officer to apply shall not prejudice the consideration
of that officer for appointment to the post that is vacant.
24. Whenever in the opinion of the Commission it is
possible and in the best interests of the particular section
within the public service to do so, appointment to vacancies
shall be made from within the particular section.
25. Where in the opinion of the Commission after
considering any recommendations of a Permanent Secretary
or a Head of Department, it is impractical or not in the best
interest of the public service to make an appointment from
within the particular section, the Commission may, with or
without competition, appoint a person from within the public
service who in the opinion of the Commission, is the most
suitable and best qualified.
26. The Commission may make an appointment to a
public office without competition as may be recommended by
a Permanent Secretary of Head of Department where –
(a) an appointment to the public office is
urgently required; or
(b) the availability of suitable candidates
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 309
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Advertise-
ments of
vacancies.

Selection
boards.

Principles of
selection for
promotion.
who are qualified for the public office
is limited; or
(c) a person having special skill or
knowledge is required for the public
office; and the Commission is of the
opinion that a competition is not
practical or is not in the public
interest.
27. Where the Commission considers either that there
is no suitable candidate already in the public service available
for the filling of any vacancy or that having regard to
qualifications, experience and merit, it would be
advantageous and in the best interest of the public service
that the services of a person not already in the public service
be secured, the Commission may authorise the advertisement
of such vacancy in the Official Gazette or the newspapers.
28. (1) The Commission may from time to time
appoint one or more Selection Boards to assist in the selection
of candidates for appointment in the public service and the
composition of any such Board and the form in which its
reports are to be submitted shall be in the discretion of the
Commission.
(2) On consideration of any report of a selection
Board, the Commission may, in its discretion, summon for
interview any of the candidates recommended by such Board.
29. (1) In considering the eligibility of public officers
for promotion, the Commission shall take into account the
education qualifications, merit and ability, together with
relative efficiency, and experience of such officers, and should
two or more officers, be equally eligible for promotion the
Commission shall give consideration to the relative seniority
of the officers available for promotion.

LAWS OF GUYANA
310 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
(2) The Commission in considering the eligibility
of officers under rule 29(1) for promotion shall attach greater
weight to –
(a) seniority where promotion is to an
office in the grade immediately above
an office in the recruiting grade, or
(b) merit, ability and efficiency where
promotion is to an office that involves
work requiring progressively higher
responsibility and greater initiative.
(3) In carrying out its functions under the
preceding rules 29 (1) and (2), the Commission shall take into
account as regards an officer’s eligibility for promotion :-
(a) his general physical fitness;
(b) his position on the seniority list;
(c) any special course of training that he
may have undergone;
(d) the evaluation of his overall
performance as reflected in staff
appraisal reports;
(e) any letter of commendation or special
reports in respect of any special work
done by the officer;
(f) his job knowledge and experience;
(g) the duties of and qualifications
required for appointment to the office
for which he is a candidate;

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 311
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Seniority list to
be kept up to
date.

Seniority
determined by
date of
appointment.
(h) any specific recommendation of the
Permanent Secretary or Head of
Department for filling the particular
office;
(i) any previous employment of his in
the public service, or otherwise;
(j) any special reports for which the
Commission may call; and
(k) his devotion to duty and general
conduct.
(4) In addition to the requirements prescribed in
rules 29 (1), (2) and (3), the Commission shall consider any
specifications that may be required from time to time for
appointment to a particular office or any other matter which
in the opinion of the Commission is relevant in assessing the
eligibility of a public officer for promotion.
30. The Secretary shall keep proper and up-to-date
staff list of all officers setting out their respective seniority in
the several grades of the public service.
31. (1) The seniority of an officer shall be determined
by the day of his appointment to the particular grade in
which he is serving. The seniority of officers promoted to the
same grade on the same date shall be determined by their
seniority in their former grade.
(2) Where officers have entered the public service
by competitive examination and are appointed to the same
grade with effect from the same date, the relevant seniority of
such officers shall be determined according to their
performance in such examination.
(3) The seniority of an officer who voluntarily
resigns from the public service and is subsequently re-
LAWS OF GUYANA
312 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Commission to
determine
seniority.
Principles of
selection for
acting
appointment
followed by
substantive
appointment.


Permanent
Secretary to
notify eligible
officers of
vacancies.
appointed to it shall be reckoned from the date of his
appointment.
32. The Commission shall determine the seniority of
the officer in any case not covered by rule 30 or 31.
33. (1) The Commission shall ensure that as regards
an acting appointment which is to be followed by a
substantive appointment any recommendation made by a
Permanent Secretary or Head of Department to the
Commission in relation thereto shall be based on principles
set out in rule 29.
(2) Where, in the exigencies of the public service, it
has not been practicable to apply the principles set out in rule
29, an officer selected for acting appointment in consequence
of a recommendation made by a Permanent Secretary or
Head of Department shall not thereby have any special claim
to the substantive appointment.
(3) In considering the recommendation made in
relation to a substantive appointment, the Commission shall
take into account the claims of all eligible officers.
34. (1) Where an acting appointment falls to be made
whether as a prelude to a substantive appointment or not, the
Permanent Secretary or Head of Department shall notify
those officers within the Ministry or Department who in his
opinion are eligible for consideration and forward their
names to the Commission.
(2) The Commission shall, after notification as
required by rule 34(1), and before appointing an officer to act,
allow a period of seven days to elapse for the purpose of
allowing the officers of the Ministry or Department to make
representations on the filling of the vacancy.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 313
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Principles of
selection for
acting
appointment
not followed
by
substantive
appointment.

Recommenda-
tion for acting
appointment to
be submitted in
advance.
(3) Where a vacancy occurs in an office and an
acting appointment falls to be made for a period not likely to
exceed twenty-eight days as a result of sudden illness or other
very special circumstances, the Permanent Secretary or Head
of Department may with the assent of the Secretary appoint
an officer to act for such period and the provisions of rule 33
(1), (2) and (3), 34 (1) and (2) shall not apply to such acting
appointment.
35. (1) Where an acting appointment falls to be made
otherwise than as a prelude to substantive appointment, the
officer appointed shall –
(a) as a general rule be the senior officer
in the Ministry or Department eligible
for such acting appointment;
(b) assume and discharge the duties and
responsibilities of the office to which
he is appointed to act.
(2) In submitting any recommendation for an
acting appointment, the Commission shall examine whether
the exigencies of the particular section of the public service
would best be served by transferring an officer next in line of
seniority from another section/district to act when there is an
officer in the same section/district who is capable of
performing the duties of the higher grade, and in such
examination the question of additional Government
expenditure for travelling and subsistence allowance and
other expenditure shall be borne in mind.
36. The Permanent Secretary or Head of Department
shall submit, well in advance, recommendations for acting
appointments to permit their consideration by the
Commission before the dates on which the acting
appointments are intended to become effective but the
LAWS OF GUYANA
314 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Reasons for
supersession to
be stated.

Notice to
officers
transferred.
Officer to
assume duties.

Representation
by officer.
Commission may waive the provisions of this rule where the
necessity to submit recommendations has been occasioned by
sudden illness, or very special circumstances or in any other
circumstances which the Commission may consider
appropriate.
37. In submitting recommendations for acting
appointments to the Commission, Permanent Secretaries and
Heads of Department shall state the reasons why senior
serving officers, if any, within Ministries/Departments are
being superseded.
38. (1) Where the Commission proposes to transfer an
officer, the Commission shall, except where the exigencies of
the section of the public service do not permit, make an order
of transfer, in writing, and shall give not less than one
month's notice to an officer who is to be transferred.
(2) An officer in respect of whom an order has
been made under rule 38 (1) shall assume his duties on
transfer whether or not a review of the order of transfer by
the Commission is pending.
39. An officer who is aggrieved by an order or
recommendation of promotion, appointment, dismissal,
transfer or discipline may make representation to the
Commission for a review of the order or recommendation in
accordance with the following provisions of this rule.
(1) Where an officer desires to make
representation to the Commission for a
review of any such order or
recommendation he shall submit to the
Permanent Secretary or Head of Department
within seven days of the receipt of
notification of the order or recommendation,
his representation in writing.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 315
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Date of
appointment

Medical
examination
on
appointment.
(2) The Permanent Secretary or Head of
Department shall within seven days forward
to the Commission any representation in
their original form submitted to him in
writing together with any comments which
he may wish to make thereon.
(3) The Commission shall consider the
representations of the officer and the
comments, if any, of the Permanent
Secretary or Head of Department and shall
communicate its decision in writing to the
Permanent Secretary or Head of Department
and send a copy to the officer.
40. (1) The date of appointment to an office in a
particular Ministry or Department within the public service
shall normally be the date on which the officer assumes
substantively the duties of the office to which he has been
appointed.
(2) The date of appointment on promotion shall be
such date as the Commission shall specify.
(3) If an officer is selected for appointment from
outside Guyana, the date of appointment shall be the date
specified in the letter of appointment.
41. (1) A person selected for appointment in the public
service shall undergo a medical examination by a
Government Medical Board and shall not be confirmed in his
appointment unless and until he has been passed medically
fit.
(2) The Permanent Secretary or Head of
Department to which an appointee has been assigned, shall
make appropriate arrangements for him to be medically
LAWS OF GUYANA
316 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Period of
probation on
first
appointment.

Period of
probation on
first
appointment in
other cases.
examined as soon as practicable after his assumption of duty.
(3) The Medical Board after examining the new
appointee shall submit a medical report on the prescribed
form to the Secretary under confidential cover as soon as
practicable after the examination.
(4) The Secretary shall notify the appointee
whether the medical report is favourable or unfavourable and
under confidential order send copies of the report to the
Permanent Secretary or Head of Department.
(5) All communication relating to the medical
report concerning an appointee shall be strictly confidential
and any officer who communicated the details of any medical
report to any other person except for the purpose of, and as
provided for in this rule, shall be guilty of improper conduct.
CHAPTER IV
PROBATIONARY APPOINTMENTS
42. Except as otherwise provided in this Chapter, an
officer on first appointment to the public service shall be
required to serve on probation for a period of not less than
one year or such longer period as may be specified.
43. (1) Where an officer is to be appointed to an office,
the duties which he has already satisfactorily performed
whether in an acting or temporary capacity or on secondment
for periods of equal or longer duration than the period of
probation, the officer shall not be required to serve on
probation.
(2) Where an officer is appointed on probation to
an office in which he has not acted satisfactorily, the
Commission shall determine the period of probation to be
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 317
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Waiver of
portion of
period of
probation.
Confidential
reports on
officer on
probation.


Officer may
make
representation.

Commission to
confirm
appointment.
served.
44. Where an officer is promoted before he has
completed the full period of probation in the lower office, the
unserved portion of that period of probation shall be deemed
to be waived and the officer deemed to be confirmed in that
appointment.
45. (1) A Permanent Secretary or Head of Department
shall forward to the Secretary in respect of each officer on
probation a staff appraisal report at the end of his
probationary period and shall recommend, based on such
appraisal report, either that the officer be confirmed in his
appointment, or the probationary period be extended or the
officer revert to his former office, where applicable, or his
services be terminated.
(2) A Permanent Secretary or Head of Department
shall ensure that adverse comments are brought to the
attention of the officer on probation and that he is given every
assistance to correct any shortcomings.
46. (1) Before any recommendation is made to the
Commission for the extension of the period of probation of an
officer or for the termination of his appointment, the
Permanent Secretary or Head of Department shall inform the
officer of his recommendation and of the specific reasons
therefor and he shall invite the officer to submit any
representations he may wish to make.
(2) Notwithstanding the provisions of these rules,
the first appointment on probation of an officer may, at any
time during the period of probation, be terminated by the
Commission as it thinks fit.
47. (1) The Commission shall consider the appraisal
report submitted by the Permanent Secretary or Head of
Department with respect to the officer on probation and if
LAWS OF GUYANA
318 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Permanent
Secretary to
keep record.

Commencing
pay.

Staff Reports.
satisfied that the service of an officer on probation has been
satisfactory, the Commission shall confirm his appointment
with effect from the date of his appointment of probation.
(2) If the Commission is not satisfied that the
service of an officer on probation has been satisfactory, the
Commission may extend the period of probation for a further
period.
48. A Permanent Secretary or Head of Department
shall keep a proper record of every officer who has been
appointed on probation to an office in his Ministry or
Department and send copies of the record to the Commission
at regular intervals or at the request of the Commission.
49. The Commission may with the approval of the
Permanent Secretary, Public Service Ministry authorise
payment to an officer of a commencing pay higher than the
minimum remuneration attaching to the office to which he is
promoted appointed or transferred.
CHAPTER V
STAFF APPRAISAL REPORTS
50. (1) A Permanent Secretary or Head of Department
shall forward to the Secretary in each year a staff appraisal
report not later than the anniversary of the date of the officer's
appointment.
(2) Following interview with the officer on his
work performance and conduct a staff appraisal report shall
relate to the period of service during the preceding twelve
months.
(3) In the preparation of a staff appraisal report,
the reporting officers shall be guided by his own deliberate
judgment and shall in such report –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 319
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Officer to be
informed of
adverse report.

Officer to be
informed of
shortcomings
and given
instructions on
how to perform
his duties.

Reports to
determine
eligibility for
(a) make an unbiased assessment of the
officer's performance and conduct
over the past twelve months, and
(b) give an indication of the future
prospects of the officer.
(4) A staff appraisal report shall be in such form as
may from time to time be prescribed and shall be made in
respect of every officer whether he holds a permanent
appointment, an acting appointment, a temporary
appointment or is employed for a specified period and shall
be shown to the officer reported on before submission to the
Commission.
(5) When adverse (below average) markings or
comments are included in the staff appraisal report, the
officer shall be informed by the Permanent Secretary or Head
of Department in writing thereof before the report is
submitted to the Secretary.
51. (1) In order that an officer may be given every
opportunity to correct any shortcomings which he might
evince during the course of the twelve months' period of
service to be reported on, a Permanent Secretary or Head of
Department shall as and when such shortcomings are noticed,
cause the officer to be informed in writing thereof; including
instructions as to how he should perform his duties and a
written warning to adhere to those instructions.
(2) A staff appraisal report made in respect of an
officer under rule 50 shall be considered by the Commission
in determining the eligibility of the officer for promotion.
52. (1) Where written notice of an adverse report is
given to an officer as required by rule 50 (5), the officer may,
not later than seven days of the receipt of such notification
promotion.
adverse report.
with respect to
Representation
LAWS OF GUYANA
320 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Termination of
appointment
by officer.

Abandonment.

make representation in writing through the Permanent
Secretary or Head of Department to the Commission.
(2) The Permanent Secretary or Head of
Department may within seven days of the receipt of such
representation submit his comments thereon before
forwarding them to the Commission.
CHAPTER VI
RETIREMENT AND TERMINATION OF
APPOINTMENTS
53. (1) An officer who wishes to terminate his
appointment shall give to the Commission through the
Permanent Secretary or Head of Department notice in writing
in duplicate of his intention at least two weeks where the
officer has been employed for less than one year and one
month where the officer has been employed for one year or
more before the date on which he wishes to relinquish his
appointment.
(2) Notwithstanding any rule respecting the non-
forfeiture of leave, an officer who fails without reasonable
cause to comply with rule 53 (1) shall be liable to have all
leave, and the benefits and privileges accruing to him in
respect of leave forfeited.
(3) An officer is not entitled to withdraw his notice
of termination of appointment, after such-notice, becomes
effective, but the Commission may accept a withdrawal of the
notice if tendered in writing at any time, before the effective
date of the termination of appointment.
54. An officer who is absent from duty without leave
for any period Abandonment, and without any adequate
excuse shall be presumed to have abandoned his office and
may be dismissed by the Commission.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 321
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Instances for
termination of
appointment
mainly by
employer.
55. Where applicable, the services of an officer may be
terminated for the reasons stated hereunder –
(a) Where the officer holds a permanent
appointment, or temporary
appointment –
(i) on dismissal or removal
in consequence of
disciplinary proceedings;
(ii) on compulsory
retirement;
(iii) on voluntary retirement;
(iv) on retirement or
resignation for medical
reasons;
(v) on being retired or
removed in the public
interest;
(vi) on resignation either
with or without benefits
payable under any
written law providing for
the grant of pensions,
gratuities or
compensations;
(vii) on the abolition or expiry
of the office;
(viii) where the office itself is
of a temporary nature
and is no longer
LAWS OF GUYANA
322 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Compulsory
and voluntary
retirement.
necessary;
(ix) during or on the expiry
of a probationary period;
(x) by mutual consent;
(xi) on the ground of
redundancy;
(xii) by service of notice,
either by the Permanent
Secretary or Head of
Department on the
officer, such notice being
two weeks where the
officer is employed for
less than one year, and
one month, where the
officer is employed for
one year or more.
(b) Where the officer is on contract his
services shall be terminated in
accordance with the terms of the
contract.
56. An officer who is appointed to a permanent
pensionable post –
(a) shall retire on attaining the age of
fifty-five years, unless his services are
continued at the request of the
Government.
(b) may at any time after he attains the
age of fifty years and before attaining
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 323
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Premature
retirement and
retirement in
public interest.
c. 27:02

Retirement in
special cases.
the age of fifty-five years apply to the
Commission for permission to retire
and shall in his application state the
grounds on which it is based.
57. (1) If it appears to the Commission that pursuant
to section 11 of the Pensions Act, an officer who has attained
the age of fifty years ought to be called upon to retire from the
Public Service, the Commission shall advise the officer
accordingly; and
(2) Such officer shall be afforded an opportunity of
submitting to the Commission any representations he may
wish to make regarding his proposed retirement; and
(3) If the Commission, after considering the
representations, if any, made by the officer, is of the opinion
that, having regard to all the circumstances of the case, the
officer should be retired in the public interest, the
Commission shall require the officer to retire on such date as
the Commission shall determine, and the officer shall be
retired accordingly.
(4) Such representations shall be dealt with
according to the procedure set out in Rule 39 (1), (2) and (3).
58. (1) Where it is represented to the Commission or
the Commission considers it desirable in the public interest
that any officer should be required to retire on grounds which
cannot suitably be dealt with under any of these rules, it shall
call for a full report on the officer from the Permanent
Secretary or Head of Department in which he is serving and
shall take into account the officer’s previous record during the
last preceding ten years.
(2) If, after considering such report and such
record giving the officer an opportunity of submitting a reply
to the grounds on which his retirement is contemplated, and
LAWS OF GUYANA
324 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Termination of
appointment
on abolition of
office or for
facilitating
improvement
in the
organisation of
a Ministry or
Department.
having regard to the conditions of the particular section of the
public service in which the officer is employed, the usefulness
of the officer thereto, and all the other circumstances of the
case, the Commission is satisfied that it is desirable in the
public interest so to do, it shall require the officer to retire on
such date as the Commission shall determine, and he shall be
retired accordingly.
59. (1) Where an office, being one of a number of like
offices, appointment on has been abolished but one or more
than one such office or mains, the Permanent Secretary or
Head of Department shall make a report thereon to the
Secretary for consideration by the Commission, and shall
recommend with his reasons therefor, which officer shall be
retired or removed from the public service in consequence of
such abolition.
(2) Where it is necessary to retire or remove an
officer from the public service for the purpose of facilitating
improvement in the organisation of a Ministry or Department
in order to effect greater efficiency or economy, the
Permanent Secretary or Head of Department shall make a
report thereon to the Secretary for consideration by the
Commission, and shall recommend with his reasons therefor
which officer shall be retired or removed from the public
service in consequence of such re-organisation.
(3) Where the Permanent Secretary or Head of
Department makes any recommendation under rule 60 (1) or
(2), the Permanent Secretary or Head of Department shall, at
the same time, notify the officer concerned in writing of his
recommendations, and such officer may, within seven days of
the receipt of the notification, make representations thereon.
(4) Such representations shall be dealt with
accordingly to the procedure set out in rule 39(1), (2) and (3).

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 325
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Termination of
appointment
by dismissal
on the grounds
of
unsatisfactory
service.

Medical
Boards.
(5) Notwithstanding rule 60 (1) or (2) and after
consideration of the representations of the officer, the
Commission may, instead of retiring or removing the officer
from the public service, transfer the officer concerned to
another office not lower in status than that which he held.
60. (1)The Commission may terminate the
appointment of an officer by dismissal on grounds of
unsatisfactory performance of duty.
(2) Where a Permanent Secretary or Head of
Department makes a recommendation in writing that the
appointment of an officer should be terminated by dismissal
on the grounds of unsatisfactory performance of duty, the
officer shall be informed in writing, of such recommendation
and such officer may, within seven days of the receipt of the
notification, make representations thereon.
(3) Subject to rule 60 (5) such representations shall
be dealt with according to the procedure set out in rule 39(1),
(2) and (3).
(4) The employment of an officer shall not be
terminated by dismissal for unsatisfactory performance of
duty unless the Permanent Secretary or Head of Department
has given instructions to the officer as to how he should
perform his duties and a written warning to adhere to such
instructions and the officer continues to perform any duty
unsatisfactorily after a period of one month from the date of
such instructions.
(5) The Commission may, upon application of the
officer or on its own motion, cause an investigation to be
made before making a final decision.
61. (1) A Medical Board shall be held whenever it is
necessary for an officer to be examined with a view to
ascertaining whether or not the officer should be retired on
LAWS OF GUYANA
326 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Unfit officers.
grounds of ill-health, or in any case or class of case in which
the Commission so directs.
(2) An officer may be required by the Commission
to undergo a medical examination at any time.
(3) An officer who is required to undergo a
medical examination shall submit himself to be examined by
a Medical Board at such time and place as the Commission
may direct.
(4) Where an officer, through refusal or neglect to
obtain specialist advice or to obtain treatment when so
recommended by the Medical Board, falls sick or in
consequence is unable to perform his duties, the Commission
may direct that the period which he is , unable to perform his
duties shall be counted as leave without pay.
(5) Whenever it is considered necessary for an
officer to be examined with a view to ascertaining whether or
not he should be retired on grounds of ill-health, the
Permanent Secretary or Head of Department shall make a
recommendation to this effect to the Commission and where
there is a medical record of the officer, the record shall be
made available to the Medical Board.
(6) Where the reason or one of the reasons for the
deterioration in the work of the officer is ill-health, the
Commission shall request that the officer undergo a medical
examination and the Permanent Secretary or Head of
Department, shall submit a detailed report on any change in
the quality of the officer's work performance in order to assist
the Medical Board in carrying out the medical examination of
the officer concerned.
62. (1) An officer who is medically boarded and found
unfit for further service shall unless there is a challenge to the
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 327
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Commission to
determine date
service
terminated.
c. 27:02
c. 96:01


Officer liable to
disciplinary
proceedings.

Permanent
Secretary or
Head of
Department to
inform police
of alleged
criminal
offence.
Prosecution
before the
court.
finding of the Medical Board's report, not be allowed to
remain on duty after receipt of the Medical Board's report,
and shall be granted such annual leave and accumulated
annual leave for which he is eligible.
(2) If the officer has no leave to his credit he shall
be given one month's notice of termination of his
appointment on medical grounds or one month's salary in
lieu thereof.
63. Where the appointment of an officer is terminated
by any of the rules under Chapter VI, his service shall
terminate on such date service terminated as the Commission
determines and the question of his pension, gratuity or other
allowance shall be dealt with in accordance with the
provisions of the Pensions Act, or the provisions of the
Termination of Employment and Severance Pay Act.
CHAPTER VII
DISCIPLINE
64. An officer who is alleged to be guilty of
misconduct or indiscipline by failing to comply with any law,
rule, order or directive for time being in force, shall be liable
to disciplinary proceedings in accordance with the procedure
prescribed in these Rules.
65. (1) Where any serious offence against any criminal
law appears to have been committed by an officer, the
Permanent Secretary or Head of Department shall report the
matter forthwith directly to the police providing all available
supporting statements and material particulars for
investigation by the police.
(2) If after investigation by the police, it is decided
that the officer should be prosecuted before the Court, the
prosecution to be taken shall be reported forthwith to the
Commission by the Permanent Secretary or Head of
LAWS OF GUYANA
328 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Suspension by
the
Commission.
Termination of
appointment.
c.96:01
Department with his recommendation whether the officer
should, in respect of the alleged offence, continue or cease to
report for duty, or his services should be terminated under
rules 65(3) (b).
(3) After a report is made under rule 65(3) the
Commission shall in the public interest or to protect the
repute of the public service, direct the officer, in writing,
whether:
(a) to report or cease to report for duty,
until further notice from the
Commission, and an officer so
directed, shall continue to perform or
cease to perform the functions of his
office accordingly and where an
officer is directed to cease to perform
the functions of his office, he shall be
paid full salary, which shall be
discontinued in accordance with rules
88(1) and (3) in the event of his
conviction of the offence charged
under rule 65 (2) on the same date of
his conviction or
(b) give the officer notice, in writing for
the termination of his employment,
such period of notice to be two weeks
where the officer has been employed
for less than one year, and one month
where the officer has been employed
for one year or more.
(4) An officer whose services have been terminated
under rule 65 (3) (b) will be eligible for severance allowance
as provided under the Termination of Employment and
Severance Pay Act.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 329
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Penalty and
conviction by
the Court.

Departmental
disciplinary
proceedings.
(5) Where pursuant to any prosecution under rule
65 (2) an officer is convicted of any charge, as soon as
possible, by the court, after the decision of the Court is
notified, the Commission shall decide, as appropriate,
whether a penalty should be awarded under rule 79 (1) and
notify him accordingly, or, in the case where the officer is
acquitted of the charge/s, the Commission shall remove all
restrictions if any, imposed on him as a consequence of the
charge/s which were laid against him.
66. (1) Where under rule 65 (1) the Police has advised
against disciplinary any criminal charge before the Court, the
Permanent Secretary or Head of Department, as he thinks fit,
may in respect of the alleged misconduct or indiscipline by
the officer take the following steps –
(a) On the bases of all the evidence in
support of the alleged misconduct or
indiscipline seek, as may be
necessary, the advice of the Solicitor
General in regard to the precise
wording of the departmental charge.
(b) Serve in writing on the officer, the
charge/s together with such
particulars as will leave the officer
under no misapprehension as to the
precise nature of the allegation/s on
which the charge/s are based; and at
the same time request the officer's
immediate acknowledgment of
receipt of the charge/s and also, his
reply, in writing, to the charge/s
denying or admitting same within
seven days of acknowledgment of
receipt.

LAWS OF GUYANA
330 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Penalty to be
imposed by
Commission.

Disciplinary
tribunal.
(2) If, the officer admits his misconduct and/or
indiscipline, as charged, the Permanent Secretary or Head of
Department shall forthwith submit to the Secretary, all the
relevant documents pertaining to the matter with his
recommendation on the particular penalty which may be
imposed by the Commission as set out in rule 79 (1). On
receipt of such documents the Commission may, subject to
rule 87, decide on and impose the penalty without further
inquiry.
(3) On the other hand, if the officer fails to reply to
the charge or in his reply to the charge fails to admit or deny
the charge, the Permanent Secretary or Head of Department
shall appoint a disciplinary tribunal in accordance with rule
66 (4) as early as possible, to investigate and hear the officer's
explanations, in his defence.
(4) The disciplinary tribunal may be constituted
of –
(a) one officer who shall be the Chairman
or
(b) an uneven number of persons not
being less than three, one of whom
shall be appointed the Chairman.
(5) Where an officer is selected under rule 66 (4) he
shall be of a grade not lower than that of Senior Personnel
Officer or of a grade equivalent in status, but in no case, he be
of a grade lower than the officer charged.
(6) Where the defaulter is a Permanent Secretary or
a Head of Department, all references to the Permanent
Secretary or Head of Department as provided in these rules to
effect the institution of any criminal charge or disciplinary
proceedings shall be construed to refer, in the case of a
Permanent Secretary to the Minister in charge of the Ministry
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 331
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Duties of
disciplinary
tribunal.

Notification of
charge.

where the Permanent Secretary is employed, or in the case of
the Head of Department to the Head of the Presidential
Secretariat.
67. (1) It shall be the duty of every person or officer
appointed to the disciplinary tribunal to hear the evidence,
find the facts, collect all documentary evidence and with the
Chairman of the tribunal make a report to the Permanent
Secretary or Head of Department within a month or such
longer period as the Permanent Secretary or Head of
Department may permit, and such officer of the tribunal may
not be permitted any leave, other than sick leave or maternity
leave until the report is delivered to the Permanent Secretary
or Head of Department.
(2) Where a member of the disciplinary tribunal is
appointed under rule 66 (4) (b) is granted sick leave for an
indeterminate period, the disciplinary tribunal may, continue
to hear the case and make a report in the absence of the
member, but such tribunal shall not be constituted of less than
three members.
68. (1) The tribunal officer or Chairman of the
disciplinary tribunal shall, within three days of his
appointment, request from the officer an explanation
concerning the report or allegation and specifying the time
not exceeding seven days from the date of the receipt of such
notice, within which he may, in writing, give such
explanation to the tribunal officer or the Chairman of the
tribunal.
(2) The tribunal officer or the Chairman of the
disciplinary tribunal shall with all possible dispatch notify in
writing those persons who have direct knowledge of the
alleged indiscipline or misconduct to submit written
statements within seven days of the date of such notice.

LAWS OF GUYANA
332 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Refusal to
make
statement.

Witnesses.

Procedure of
disciplinary
tribunal.
69. Any officer who has direct knowledge of the
alleged indiscipline or misconduct committed by another
officer and refuses, to make a written statement when
requested to do so, shall be guilty of improper conduct.
70. (1) The officer charged shall be allowed to state the
names and addresses of any witnesses to the relevant facts
whom he may desire to give evidence at the hearing of the
case.
(2) Any such witness who is a public officer shall
be ordered to attend at the hearing of the case as well as any
other witness shall be given due notice that his attendance is
desired and of the time and place of the hearing.
71. (1) The following procedure shall apply to the
hearing disciplinary by a disciplinary tribunal of a charge of
alleged misconduct or indiscipline –
(a) The officer shall be summoned to
appear to the hearing and shall be
given full opportunity to defend
himself.
(b) The case against the officer may be
presented by an officer of the Ministry
or Department to which the officer is
assigned, but such officer shall be the
holder of an office in a grade not
lower than that of the officer charged.
(c) At the hearing before a disciplinary
tribunal, the officer may conduct his
defence either in person or may be
represented by an officer of his choice
who is a member of the public service,
or by his staff association, or if
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 333
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Adjournment
of hearing.
Failure to
attend hearing.

permitted by the disciplinary tribunal
in its discretion, by attorney-at-law,
and if the officer is represented by
such member, or by his staff
association, or by an attorney-at-law,
the officer or his representative may
cross-examine the witness called in
support of the charge but where the
hearing is before a disciplinary
tribunal constituted of one officer, the
officer charged shall not be
represented by an attorney-at-law.
(d) A true record of the proceedings and
evidence at the hearing of the case
(except the report of the disciplinary
tribunal) shall be made and a copy of
such record shall be given to the
officer if he desires to make
application for a review by the
Commission as provided under rule
18 (a).
(2) Nothing in this rule shall be construed so as to
deprive the officer from at any time making a submission that
the facts disclosed in the evidence do not support the charge.
72. The hearing may be adjourned from time to time
as may appear necessary for due hearing of the charge.
73. (1) If the officer charged fails to attend the hearing
of the charge, without good reason, the hearing may be
proceeded with and conducted in his absence, but if in the
opinion of the disciplinary tribunal a good reason is given to
the disciplinary tribunal by or on behalf of the officer which
excuses his absence at the hearing, the hearing shall be
postponed or adjourned as the case may be.

LAWS OF GUYANA
334 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Main purpose
of tribunal.
Report of
tribunal to be
forwarded to
secretary.
Tribunal report
to be examined
by
Commission.
74. (1) During the hearing by the disciplinary tribunal,
its main purpose is to elicit all such information including
documentary proof as in the circumstances may be
considered necessary without being bound by the rules of
evidence in civil or criminal proceedings provided always
that if any witness objects to answering any question or to
producing any document on the ground that it will tend to
incriminate him or any other lawful ground, he shall not be
required to answer such question or to produce such
document, nor shall he be liable to any penalties for refusing
to do so.
(2) No documentary shall be used against the
officer unless he has previously been supplied with a copy
thereof or given access thereto.
75. (1) The report of the disciplinary tribunal including
all relevant documents collected and proposed under rule 67
(1) shall within seven days of its receipt, be forwarded to the
Secretary by Permanent Secretary or Head of Department
with his recommendation/s.
(2) The disciplinary tribunal shall not disclose the
contents of its report made under rule 67 (1) to the officer
charged, or to any officer not authorised to receive such
report.
(3) An officer who contravenes Rule 75 (2) shall be
guilty of improper conduct.
76. The Commission shall examine the report and if it
agrees with the findings that the charge/s have been proven,
proceed to award penalty under examined by rule 79 (1) or, in
the case, where in the finding/s of the disciplinary tribunal the
charge/s, have not been proven confirm the acquittal of the
officer through his Permanent Secretary or Head of
Department.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 335
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

Commission
may call for
fresh
proceedings.
Proceedings to
be held in
private.
Penalties.

No disciplinary
action while
criminal
proceedings
pending.
77. The Commission after reviewing the proceedings
and report of the disciplinary tribunal may call for fresh
proceedings by a newly appointed tribunal to give effect to all
or any of the relevant rules of disciplinary proceedings.
78. The proceedings before a disciplinary tribunal
shall be held in private.
79. (1) The following are the penalties that may be
imposed by the Commission by disciplinary proceedings,
brought against an officer in respect of misconduct,
indiscipline, or unsatisfactory service –
(a) dismissal;
(b) reduction in rank, which is the
removal to another grade with an
immediate reduction in salary;
(c) reduction of remuneration, which is
an immediate adjustment of
remuneration to a lower point on the
scale of remuneration attached to the
particular office;
(d) reprimand or warning.
80. (1) Where criminal proceedings have been
instituted in any court against an officer, the Permanent
Secretary or the Head of Department or the Commission,
shall not institute disciplinary proceedings against the officer
upon any grounds arising out of the criminal charge until
after the court has determined the matter and the time
allowed for an appeal from the decision of the court has
expired; but where an officer, on conviction, has appealed, the
Commission may commence proceedings after the with-
drawl or determination of the appeal.
LAWS OF GUYANA
336 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Disciplinary
tribunal may
adjourn and
report to
Commission.

Disciplinary
tribunal to
report where
evidence
insufficient.

Disciplinary
tribunal to
report other
misconduct
disclosed at
hearing.


Commission to
consider report
of tribunal and
inform officer
of findings.
81. Where during the course of the hearing of a charge
and before the hearing is completed by the disciplinary
tribunal, it appears to the disciplinary tribunal that matters
disclosed during the hearing may require a report to be made
to the Permanent Secretary or Head of Department for
transmission to the Commission, the disciplinary tribunal
may adjourn the hearing for a period not exceeding fourteen
days and shall forthwith report such matters for transmission
to the Commission.
82. (1) Where a disciplinary tribunal, on hearing the
evidence, finds that the evidence is insufficient to support the
charge or charges, the disciplinary tribunal shall make a
report of the proceedings as required by rule 68(3) without
calling on the officer to answer the charge or charges.
(2) If on receipt of the report and record of the
proceedings under rule 82 (1) the Commission is of the
opinion that the report should be amplified in any respect or
that further inquiry is desirable it may refer the case back to
the disciplinary tribunal for further enquiry or report
accordingly.
83. Where a disciplinary tribunal, on hearing the
evidence, is of the opinion that such evidence discloses other
misconduct or indiscipline, the disciplinary tribunal shall
report the matter to the Permanent Secretary or Head of
Department for transmission to the Commission and if the
Commission thinks fit to proceed against the officer on such
misconduct or indiscipline, it shall cause the officer to be
informed in writing of any further charge/s and the procedure
prescribed in these rules in respect of the original charge shall
apply in respect of such charge/s.
84. (1) On consideration of the report of findings of
fact by a disciplinary tribunal under rule 75 (1), the
Commission, if so satisfied, may –
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 337
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012


Commission
may remove
officer in public
interest.

Disciplinary
action after
acquittal of
criminal
charge.

Conviction on
criminal
charge.

(a) exonerate the officer;
(b) dismiss the officer; or
(c) impose any of the penalties specified
in rule 79 (1)
(2) The Commission shall, as soon as possible after
hearing of the charge, inform the officer in writing of its
findings and the penalty if any, imposed on him.
85. Where on a consideration of the report of the
findings of the fact of a disciplinary tribunal as constituted
under rule 66 (4), the Commission is of the opinion that the
officer does not deserve to be dismissed by reason of the
charge/s alleged, but that the proceedings disclose other
grounds for removing him from the public service in the
public interest, the Commission may make an order under
rule 57 (3) for the removal of such officer.
86. An officer acquitted of a criminal charge in any
Court shall not be dismissed or otherwise punished in respect
of any charge of which he has been acquitted, but nothing in
this rule shall prevent him being dismissed or otherwise
punished in respect of any other charge arising out of his
conduct in the matter, unless such other charge is
substantially the same as that in respect of which he has been
acquitted.
87. If an officer is convicted in any Court of a criminal
charge, the Commission may consider the relevant
proceedings on such charge and if it is of opinion that the
officer ought to be dismissed or subjected to some lesser
punishment in respect of the offence of which he has been
convicted, the Commission may thereupon dismiss or
otherwise punish the officer without the institution of any
disciplinary proceedings under these rules.
LAWS OF GUYANA
338 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Non- payment
of
remuneration.

Definition of
misconduct.
88. (1) An officer convicted of a criminal charge and
sentenced to imprisonment without the option of a fine or
convicted of a criminal charge involving –
(a) dishonesty;
(b) fraud; or
(c) moral turpitude;
shall not receive any pay or allowance after the date of
conviction pending consideration of the punishment to be
imposed by the Commission.
(2) The Commission may direct that an officer
convicted of a charge described in rule 88 (1) shall be
dismissed or shall cease to perform the duties of his office
forthwith, where he has appealed only against the sentence
imposed by the Court.
(3) Notwithstanding that an officer convicted of a
charge described in rule 88 (1) has appealed against the
conviction, such officer shall not, pending the determination
of the appeal, receive any pay or allowance after the date of
conviction
89. Misconduct, improper conduct or indiscipline
includes –
(a) contravention of the Public Service
Rules, Departmental Rules,
Regulations or Circulars made for and
applicable to the Public Service of
Guyana, and any amendments
thereto;
(b) contravention of lawful instructions
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 339
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012

General
conduct.

Duties of
officer.


Discourtesy.
Absence
without leave.
whether given orally or in writing by
or on behalf of a Minister, Permanent
Secretary or Head of Department; or
(c) contravention of these Rules.

CHAPTER VIII
CONDUCT
90. Members and officers of the Commission shall
conduct themselves at all times in such manner so that the
Commission is not brought into disrepute.
91. (1) An officer of the Commission shall discharge
the usual duties of his office and any other related duties that
the Chairman or Deputy Chairman may, at any time, call
upon him to discharge.
(2) In the discharge of his duties, an officer shall be
courteous and polite both to members and officers of the
Commission and to members of the public.
(3) In all of his official writings an officer shall use
courteous terms and be careful to avoid any expression of
personal feelings.
92. No member or officer shall be discourteous or
impolite to members and officers of the Commission or
members of the public.
93. (1) A member of the Commission shall not be
absent from a meeting without leave or reasonable excuse.
(2) A member of the Commission shall not leave
the country without giving notice in writing to the Chairman
or, in case of emergency, without giving notice of his leaving
to the Secretary who shall forthwith, in writing, inform the
LAWS OF GUYANA
340 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Not to
participate in
public
meetings.
Not to allow
interviews.
Not to publish
comments.
Bankruptcy.
Gifts or
rewards.
Legal
proceedings.

Commission.
94.(1) No member or officer of the Commission shall
actively participate in the proceedings of any public meeting
called for the purpose of discussing or considering any
action on the part of the Government or any decision on the
part of the Commission.
(2) No member or officer of the Commission,
whether on duty or on leave shall allow himself to be
interviewed on questions of public policy or on any matter
relating to the work of the Commission unless required to do
so by official duties or the permission of the Chairman is first
obtained.
(3) No member or officer of the Commission shall
broadcast on the radio or television or publish in any other
manner whatsoever any statement which can be regarded as
being a personal comment on any national, political or
administrative matter unless permission of the Chairman is
first obtained.
95. Any member of the Commission against whom
bankruptcy proceedings have been or who becomes insolvent
or who has been declared a bankrupt shall within seven days
thereof resign from the Commission.
96. No member or officer of the Commission shall
accept any gift or reward from any member of the public for
service rendered or to be rendered in the course of his official
duties.
97. A member or officer who desires to initiate legal
proceedings on his own behalf with respect to any matter
arising out of or in the course of his duty shall first obtain the
permission of the Chairman.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 341
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
Breach of rules.
r. 3(2)
98. Any breach of Rules of this Chapter shall be dealt
with by the Commission as an act of misconduct.
_________________
SCHEDULE
FORM I
OATH OR AFFIRMATION OF OFFICE OF THE
CHAIRMAN AND MEMBERS
I, ................................................................... do swear (solemnly
declare and affirm) that I will without fear, favour, affection
or ill-will, well and truly perform my duties in the office of
Chairman/ (member) of the Public Service Commission on the
exercise of the powers vested in the Public Service
Commission under the Constitution, and that I will not
directly or indirectly reveal any information to any
unauthorised person or persons otherwise than in the course
of duty. SO HELP ME GOD.
_________

LAWS OF GUYANA
342 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Public Service Commission Rules
L.R.O. 1/2012
__________________
GOD.
persons otherwise than in the course of duty. SO HELP ME
directly or indirectly reveal any unauthorised person or
Commission to the best of my skill and ability and will not
the office, as a member of staff of the Public Service
responsibilities and truly perform the duties assigned to me in
declare and affirm) that I will faithfully execute the
I, ...................................................................do swear (solemnly
THE COMMISSION
OATH OR AFFIRMATION OF MEMBERS OF STAFF OF

FORM III
________
than in the course of duty. SO HELP ME GOD.
information to any unauthorised person or persons otherwise
skill and ability and will not directly or indirectly reveal any
Secretary of the Public Service Commission to the best of my
responsibilities and truly perform the duties of the Office of
(solemnly declare and affirm) that I will faithfully execute the
I, ......................................................................... do swear
r. 3 (4)
COMMISSION
OATH OR AFFIRMATION OF THE SECRETARY TO THE

FORM II
r. 3 (4)

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 343
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
R. 2/2010 JUDICIAL SERVICE COMMISSION RULES
ARRANGEMENT OF RULES
RULE
PART I
PRELIMINARY 1. Short title.
2. Interpretation.
3. Application.
PART II
APPOINTMENTS
4. Tenure of office.
5. Appointment on absence pending relinquishment of post.

PART III
CONDUCT OF MEMBERS OF THE JUDICIAL
SERVICE
6. Conduct of officers generally.
7. Standard of behaviour.
8. Substance abuse.
9. Hours of duty.
10. Absence from work during duty hours.
11. Performance appraisal report.
12. Forbidden conduct by officers.
13. Use of government vehicle.
14. Officers and the media.
15. Disclosure of confidential documents.
16. Access to personal records.
17. Representation from officers.
18. Engagement in political
LAWS OF GUYANA
344 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
RULE
18. Work stoppage/withdrawal from work.
19. Strikes by officers.
20. Officers to be properly attired.
21. Officer to conduct themselves with decorum.
22. Senior officers responsible for acts of junior officers.
23. Sexual harassment forbidden.
PART IV
LEAVE OF ABSENCE
24. Officers entitled to leave as of right.
25. Authority for the grant of leave.
26. Application for leave and leave roster.
27. Deferment of leave.
28. Compulsory leave.
29. Extension of leave.
30. Leave not to entail extra staff.
31. Leave on urgent private affairs.
32. Retirement leave.
33. Vacation leave entitlement.
34. Minimum service for vacation.
35. Sick leave entitlement.
36. Sick leave in excess of entitlement to be treated as
vacation leave.
37. Extended sick leave.
38. Officers frequently absent on sick leave may appear
before a Medical Board.
39. Submission to medical examination.
40. Sick leave during vacation leave.
41. Maternity leave.
42. Maternity leave entitlement.
43. Special leave.
44. Compassionate leave.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 345
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
RULE
PART V
TRAINING AND CAREER DEVELOPMENT
45. Training policy for the Judicial Service.
46. Authority for the grant of study leave.
47. Minimum period of service for study leave.
48. Non-approval of study leave.
49. Study leave on full pay.
50. Training agreement.
51. Fulfilment of bond prior to further study leave.
52. Extension of study leave.
53. Study leave without pay.
54. Part-time study leave up to two days per week.
55. Study leave for more than two days per week.
56. Annual report from institution of learning.
57. Obligations while on training.
58. Officers to submit copies of final reports, etc.
59. Suspension or termination of study leave.
60. Training awards.
61. Penalty for termination.
62. Non-refundable expenses for self-initiated training.
PART VI
SALARIES, ALLOWANCE AND FINANCIAL
BENEFITS
63. Salaries for public officers.
PART VII
PENSIONS, GRATUITIES AND OTHER
RETIREMENT BENEFITS
64. Retirement on medical grounds.

LAWS OF GUYANA
346 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
RULE
65. Doubt regarding computation of officer’s retiring
benefits.
66. Statutory declaration as to officer’s service.
PART VIII
DISCIPLINE OF PUBLIC OFFICERS
67. Authority to discipline officers.
68. Conditions for disciplinary action.
69. Dismissal for misconduct, subordination or gross
inefficiency.
70. Inefficiency and minor misconduct, procedures to be
allowed.
71. Proceedings in serious misconduct cases.
72. Standard of proof.
73. Commission not bound by rules of evidence.
74. Commission to proceed with hearing in absence of
officers.
75. Record of disciplinary proceeding to be prepared.
76. Officer to be informed of right of appeal.
77. Effect of appeal on operation of penalty.
78. Retirement in the Public Interest.
79. Suspension.
80. Disciplinary proceedings against an officer who has
been criminally charged.
81. Disciplinary proceedings during criminal
investigations or pending criminal proceedings.
82. Disciplinary proceedings arising out of acquittal of
criminal proceedings.
83. Dismissal upon return of guilty verdict in criminal
charge.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 347
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
RULE
PART IX
MISCELLANEOUS
Correspondence Between Departments
84. Official seals or stamps.
85. Franking stamp.
86. Circulars.
____________________
Short title.
JUDICIAL SERVICE COMMISSION RULES
made under the Constitution of Guyana
RULES made by the Judicial Service Commission in
exercise of the powers conferred upon it by the
Constitution of Guyana.
PART I
PRELIMINARY
1. These Rules may be cited as the Judicial Service
Commission Rules.
Interpretation.
2. (1) In these Rules, unless the context otherwise
requires –
“Commission” means the Judicial Service Commission;
“Constitution” means the Constitution of Guyana;
“Secretary” means the Secretary of the Commission.
“Judicial Service” means the service constituted by the
LAWS OF GUYANA
348 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Application.

Tenure of
office.


Appointment
on absence
pending
relinquish-
ment of post.
person appointed by the Judicial Service
Commission.
“member” in relation to Judicial Service, means a person
employed in the Judicial Service, including a person
employed under contract and a person on probation.
“officer” means a member of the Judicial Service.
3. (1) Subject to Rule (2) and the Constitution, these
Rules shall apply to all the members of the Judicial Service.
(2) These Rules shall not apply to members of the
Judicial Service Commission who hold judicial
appointment.
PART II
APPOINTMENTS
4. (1) Subject to the Constitution and to sub-rule (2),
all officers shall hold office for an indeterminate period until
they reach the appointed age of retirement or demit office
for any reason.
(2) An officer who is appointed under a contract for a specified period shall cease to be a member at the
expiration of the period specified in the contract unless
his/her contract is renewed or extended.
5. Whenever an officer is on leave of absence
pending relinquishment of his office –
(a) another person may be appointed by
the Commission to that office; and
(b) that person shall, for the purpose of
any function of that office, be
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 349
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Conduct of
officers
generally.

Standard of
behaviour.
deemed to be the sole holder of that
office.
PART III
CONDUCT OF MEMBERS OF THE JUDICIAL
SERVICE
6. Subject to the Constitution, all officers appointed
by the Commission shall conduct themselves in such a way
as not to –
(a) place themselves in positions in
which they have or could have a
conflict of interest;
(b) compromise the fair exercise of their
official functions and duties;
(c) use their office for private gain;
(d) demean their office or position;
(e) allow their integrity to be called into
question; nor
(f) endanger or diminish respect for, or
confidence in, the integrity of the
Judicial Service.
7. All officers shall therefore –
(a) demonstrate the highest level of
professional conduct and personal
integrity in the performance of their
duties and in serving the public;
(b) treat everyone, including public
LAWS OF GUYANA
350 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Substance
abuse.

Hours of
duty.
officers, clients and members of the
general public with courtesy, respect,
fairness and impartiality;
(c) display a positive attitude and be
pro-active in the exercise of their
duties; seek to understand and to
satisfy the real needs of members of
the public;
(d) in the exercise of their official duties,
not confer any special benefit and/or
give preferential treatment to anyone
on the basis of any special
relationship; and
(e) render service in a timely, efficiently
and effective manner.
8. (1) The use of alcohol, controlled drugs, intoxicants,
narcotics or any other illegal substance is prohibited at the
workplace.
(2) Arriving at work under the influence of any of
the substances set out in Rule 8(1), or using any such
substance whilst on duty, is prohibited.
9. (1) The hours of attendance at work for the various
categories of officers shall be determined by the
Commission, and the following applied in respect of hours
of duty –
(a) all officers shall be required to work
a minimum of thirty-nine and one-
half hours per week, but the
Commission may require officers to
work in excess of those hours
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 351
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012


Absence from
work during
duty hours.

Performance
appraisal
report.
Forbidden
conduct by
officers.
whenever the public interest so
requires;
(b) additional hours worked shall be
compensated for by overtime with
the approval of the Ministry of
Finance, or by appropriate time off in
lieu of overtime.
10. (1) No officer may absent himself from duty
during working hours without the permission of the
Commission or such other officers as may be deputed for
this purpose by the Commission.
11. Every officer shall be appraised on a semi-annual
basis and an Appraisal Report shall be submitted to the
Commission.
12. (1) Subject to the Constitution, an officer is
forbidden to:
(a) engage in any private work for payment or gain which conflicts with
his official functions;
(b) use information and/or any material
gained from his official position for
private gain;
(c) exploit the status and privilege of his
position for private gain;
(d) solicit and/or accept payment and/or
gifts for the performance, or neglect,
of his official duties;
(e) conduct private business during
working hours and/or on
LAWS OF GUYANA
352 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Use of
government
vehicle.

Officers and
the media.
Disclosure of
confidential
documents.

Access to
personal
records.
Representa-
tion from
officers to
Government property.
13. Officers are prohibited from using Government
vehicles for private purposes.
14. (1) Officers are forbidden to be editors of
newspapers or to take part in the management of
newspapers, directly or indirectly. They may not contribute
to any media in Guyana or elsewhere on questions which
may be regarded as party-politics, though they may
contribute articles upon subjects of general interest, not
inconsistent with their official duties/functions.
(2) An officer, whether on duty or on leave, shall not allow himself to be interviewed on matters affecting the
national security of Guyana.
(3) Statements to the media involving public policy shall not be made by officers without prior clearance
from the Commission.
15. Subject to the Constitution or any Act, an officer
shall not, without the approval of the Commission, make
public or communicate to the media or cause to be made
public or so communicate to the media or to unauthorized
individuals any documents, papers or information which
may come into his possession in his official capacity, or
make private copies of any such documents or papers.
16. Officers shall have access to records personally
relating to themselves with the prior permission of the
Commission, in the presence of officers at the Office of the
Commission.
17. (1) Officers who may wish to make a
representation regarding matters affecting their conditions
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 353
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
members of
Commission.

Engagement
in political
activities.

Work
stoppage /
withdrawal
of service should do so personally to the Commission. Upon
receipt of the representation, the Commission shall –
(a) respond within seven days, after date
of receipt, where the matter can be
dealt with internally; or

(b) forward such representation to the
appropriate authority within seven
days, if the matter cannot be dealt
with by the Commission.
(2) The Commission may state in a separate
memorandum its own views on the representation made
and make any recommendation as to the merit of the
representations.
(3) When the officer has not received a reply within fourteen (14) working days he shall forward a copy
of his representation directly to the Chairman of the
Commission for consideration by the Commission.
18. Officers are expressly forbidden to –
(a) run for office as a candidate in any
national or municipal election;
(b) participate actively on behalf of any
party or candidate in any national or
municipal election; or
(c) accept appointment or election,
whether paid or unpaid, as an officer
of a political party.
19. Disputes in the Judicial Service, which may
involve or give rise to work stoppage or withdrawal from
work, shall be determined in accordance with any law or
LAWS OF GUYANA
354 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
from work.

Strikes by
officers.
enactment, which makes provision for the determination of
such disputes.
20. (1) Without prejudice to the laws relating to
essential services, if a grievance leads to a strike, salaries
and wages of officers who go on strike shall not be paid for
any day or portion of a day during which they are on strike.
(2) Without prejudice to the generality of sub- rule (1) above –
(a) if an officer merely reports for work on any
day of a strike but does not work for the
day, he shall not receive pay in respect of
that day;
(b) if an officer works for only a part of a day of
a strike, he shall not be paid for that period
of the day during which his services were
withheld.
(3) Any officer who engages in a strike not arising
out of or not resulting from an industrial dispute with the
employer, renders himself liable to disciplinary action,
including dismissal.
(4) At the commencement of a strike, the
Commission shall inform all officers on leave of the
existence of the strike and request them to report for duty as
is deemed expedient. Officers who fail to report to work
shall, in the absence of satisfactory explanation, be deemed
to be in support of the strike and shall not be eligible for pay
from the date of the commencement of the strike until such
time as they report for duty and commence work, or until
the strike is concluded, whichever occurs first. This rule
applies to officers on any type of leave except –

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 355
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Officers to be
properly
attired.

Officers to
conduct
themselves
with
decorum.

Senior
officers
responsible
for acts of
junior
officers.
(a) sick leave;
(b) maternity leave;
(c) leave on urgent private affairs;
(d) special leave;
(e) study leave;
(f) leave outside Guyana; and
(g) duty leave.
21. Officers shall be appropriately attired for work in
a manner which demonstrates professionalism, decency and
a respect for colleagues and members of the general public.
The Commission shall be responsible for the enforcement of
the Dress Code.
22. (1) Officers shall conduct themselves with
decorum while at work so as not to disturb others and to
maintain an atmosphere of efficiency and purposefulness at
the workplace. In particular, officers shall not engage in
loud conversations, sing or play radios above a barely
audible level at the workplace. They shall not eat or drink in
areas to which the public has access.
(2) In no circumstances shall items/images which offend good taste or morals be displayed in an office in the
Judicial Service.
23. A senior officer, authorized to issue instructions
to a junior officer and to compel his obedience, shall prima
facie be responsible for any act or omission on the part of the
junior officer during the course of the junior officer's
employment. The senior officer shall be liable for
appropriate disciplinary action for any dereliction of duty
LAWS OF GUYANA
356 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Sexual
harassment
forbidden.

Officers
entitled to
leave as of
right.
Authority for
the grant of
leave.

Application
for leave and
leave roster.
on the part of the junior officer working under his control or
supervision, unless it can be shown that such act or
omission arose through no neglect or fault on the part of the
senior officer and that all proper and adequate steps were
taken to prevent the occurrence.
24. Sexual harassment at the work place is forbidden.
Officers who engage in sexual harassment shall be liable to
disciplinary action, including dismissal.
PART IV
LEAVE OF ABSENCE
25. Subject to the exigencies of the Judicial Service
and to these Rules, officers shall be entitled to leave, as set
out in this Part, as of right.
26. (1) Subject to any Act governing the leave of any officer, the authority for leave to officers is vested in the
Commission and the Ministry of the Public Service
respectively.
(2) When considering application for vacation
leave made by an officer, the Commission shall be guided
by the principle that an officer should avail himself of
vacation leave annually and that accumulation of leave by
an officer is to be a last resort.
27. (1) Subject to the Constitution and/or any written law, Officers wishing to apply for vacation leave shall do so
at least one month before the date on which they intend to
proceed on such leave.
(2) It shall be the responsibility of the Commission to ensure that a leave roster is prepared at the beginning of
each calendar year.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 357
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Deferment of
leave.

Compulsory
leave.

Extension of
leave.
Leave not to
entail extra
staff.

(3) Applications should, as far as possible, be in conformity with the approved leave roster.
(4) Where an officer applies for vacation leave, but
does not give at least one month's notice, such application
shall be considered only where it is in conformity with the
roster, or where the Head of Department is satisfied that the
leave is required on the grounds of urgent private affairs.
28. (1) The granting of vacation leave to an officer may be deferred by the Commission if it is in the interest of
the Judicial Service to do so.
(2) Any leave granted under these Rules may be
withdrawn if it is desirable that an officer return to duty
before the expiration of leave granted. Further accumulation
of leave shall, however, be subject to the limits prescribed in
these Rules.
(3) Mandatory leave for new entrants to the Judicial Service shall be granted after one calendar year of
service.
29. When an officer is about to accumulate his
maximum leave entitlement, the Commission shall direct
the officer to take leave, and failure to do so shall result in
forfeiture thereof.
30. An officer on leave seeking an extension of such
leave shall, in the absence of exceptional circumstances,
apply in sufficient time to allow a reply to be received
before the expiration of the original period of leave granted.
31. The Commission is expected to make every effort
to arrange for performance of an officer's duties while that
without extra cost to the Judicial Service.
officer is on leave for fourteen (14) consecutive days
LAWS OF GUYANA
358 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Leave on
urgent
private
affairs.
Retirement
leave.

Vacation
leave
entitlement.
Minimum
service for
vacation
leave.
Sick leave
entitlement.
Sick leave in
excess of
entitlement to
be treated as
32. (1) Officers applying for leave on the grounds of urgent private affairs must satisfy the Commission that the
leave is unavoidable. This may be done confidentially if
necessary.
(2) Such leave, if approved, shall be deducted from the officer's leave entitlement.
33. An officer who is retiring from the Judicial Service
shall proceed on his pre-retirement leave for all
accumulated vacation leave earned prior to the effective
date of his retirement.
34. Vacation leave shall be granted on full salary at
the rate according to the relevant Public Service Ministry
circular.
35. Officers shall not be granted vacation leave until
they have served for twelve (12) consecutive months from
the date of appointment, except on the grounds of urgent
private affairs.
36. (1) The Commission may grant sick leave to officers up to sixteen (16) days with full pay in any one
calendar year.
(2) Sick leave whose duration exceeds one (1) day on any occasion shall not be granted without the submission
of a medical certificate.
(3) No more than six days paid sick leave without the submission of a medical certificate shall be allowed in
any one calendar year.
37. (1) An officer who has exhausted his sick leave entitlement in any one year and requires further sick leave
for a period of ten (10) days or less shall be required to
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 359
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
vacation
leave.

Extended sick
leave.

Officers
frequently
absent on sick
leave may
appear before
a Medical
Board.

Submission to
medical
examination.

utilise vacation leave.
(2) If the officer has exhausted all vacation leave, the leave shall be treated as leave without pay.
38. (1)Should the protracted illness of the officer
necessitate his continuous absence beyond his normal sick
leave eligibility, application accompanied by the relevant
medical evidence, shall be made to the Commission, which
may grant extended sick leave up to a maximum of 180 days
on full pay.
(2) If the illness of the officer exceeds 180 days, the
question on his fitness for further service shall be taken up
with the Chief Medical Officer, Ministry of Health. On
substantial evidence from a Medical Board that full recovery
with return to duty is probable, the officer may be granted
extension of sick leave up to a further 180 days on half pay.
(3) Sick leave applied for under sub-rule (1) above
shall be granted only on receipt of a prognosis by the Chief
Medical Officer, of the officer's eventual recovery and return
to duty.
(4) If the illness of the officer exceeds 360 days, the
officer shall be retired from the Judicial Service on medical
grounds.
39. Where an officer has been frequently absent on
sick leave, the Commission may, at any time, request the
Chief Medical Officer to advise on the nature of the officer's
illness or whether the officer should appear before a
Medical Board to consider his fitness to continue in the
Judicial Service.
40. An officer who is required to undergo a medical
examination shall submit himself to be examined by a
Medical Board at such time and place as directed.

LAWS OF GUYANA
360 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Sick leave
during
vacation
leave.

Maternity
leave.

Maternity
leave
entitlement.
41. If an officer falls ill while on vacation leave, and
he produces satisfactory medical evidence to his Head of
Department, he shall be credited with vacation leave
equivalent to the number of days not utilised as vacation
leave due to illness.
42. (1)All female officers are entitled to the grant of
maternity leave.
(2) All applications for maternity leave shall be – (a) submitted at least ten weeks prior to
the officer's expected date of
delivery; and
(b) accompanied by the relevant N.I.S.
forms.
(3) An officer who fails to observe the requirement
of this Rule and who applies for maternity leave after the
date of delivery shall be subject to disciplinary action.
(4) An officer may take vacation leave which is due to her at the expiration of her maternity leave.
(5) Maternity leave shall not be considered as sick leave and sick leave shall not be granted as a substitute for
maternity leave.
(6) Sick leave shall be granted to run consecutive with maternity leave on the basis of a medical certificate,
justifying sick leave;
43. Subject to any written law, an officer is entitled to
a total of thirteen (13) weeks maternity leave which shall be
on full pay. Maternity leave shall be granted as follows –
(a) six weeks before expected date of
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 361
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Special leave.

Compassion-
ate leave.
confinement on full pay;
(b) six weeks after the expected date of
confinement on full pay;
(c) the six weeks before and the six weeks after
the date of delivery shall be mandatory.
44. (1) Special leave on full salary up to one month in any one year, may be granted by the Commission for
purposes as it may deem to be in the public interest such
as –
(a) to enable officers who are selected by
the proper authorities to represent
Guyana in international sporting and
cultural events; and
(b) to enable officers selected by
Associations approved by the
Commission to attend training
courses or conferences.
(2) The Commission may grant special leave in
other instances to enable officers to do such things which
are considered to be in the public and national interests.
(3) The Commission may grant time off to an
officer who is appointed by an approved Association to
represent its interest.
45. The Commission shall grant compassionate leave
to an officer up to three days on the death of an immediate
family member (i.e. mother, father, spouse, children, brother
or sister). Such leave shall not be charged against an officer’s
earned leave.

LAWS OF GUYANA
362 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Training
policy for the
Judicial
Service.

Authority for
the grant of
study leave.

Minimum
period of
service for
study leave.
Non-
approval of
study leave.

Study leave
on full pay.

Training
agreement.
PART V
TRAINING AND CAREER DEVELOPMENT
46. The general direction of training policy for the
Judicial Service, including the types and levels of training, is
hereby vested in the Commission, subject to any Act
governing officers appointed otherwise than the Judicial
Service Commission.
47. (1) The Commission may grant study leave to an
officer where the training is considered to be of benefit to
the Judicial Service.
(2) Only officers confirmed in their appointment
shall be considered for study leave.
48. Officers who have served the Judicial Service for a
period of less than two (2) years shall not normally be
eligible for the grant of study leave.
49. Study leave shall not be approved to an officer to
pursue training at a level equivalent to a qualification
already possessed by the officer.
50. An officer may be granted study leave on full pay
where the course of training is :-
(a) approved by the Commission;
(b) on a full time basis; and
(c) for a duration of not more than one
year.
51. (1) It is mandatory that all officers who are
granted study leave sign a bond with the Commission to
serve on completion of their training.
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 363
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
(2) No bond shall be required in the case of:
(a) training for less than six calendar
months durations;
(b) grant of study leave without pay.
(3) The duration of service required by the bond shall vary depending on the duration of the course of
training in accordance with the following table:
Duration of course
(a) less than six calendar months ……
nil
(b) six calendar months to less than one
year ……………….one calendar year
(c) one academic year to less than two
academic year…………two calendar
years
(d) two academic years to less
than three academic years
……….three calendar years
(e) three academic years to less than
four academic years ……………. four
calendar years
(f) four academic years and over ……
length of study computed in
calendar years.
(4) The amount of an officer's bond shall be the
estimated cost of his training, including the salary and
LAWS OF GUYANA
364 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Fulfilment of
bond prior to
further study
leave.

Extension of
study leave.

Study leave
without pay.
allowances payable during the period of training. The total
amount of such expenditure shall be the extent of an
officer's indebtedness, and the bond shall be secured.
(5) If the training is terminated or suspended, or if
the officer abandons the training for any reason whatsoever,
the officer shall immediately resume duty and shall serve
the Judicial Service for a period for which he enjoyed the
benefit of the training.
(6) If the officer fails to complete the requisite
amount of years in the service of the Judicial Service, he
shall pay to the Commission the sum of money which is
proportionate to the period of service for which he is in
default.
52. An officer, after successful completion of an
approved course of study, shall be required to fulfil the
requirements of his bond before study leave to pursue a
further course of study can be approved.
53. Extension of study leave may be granted by the
Commission if it is considered that such a grant is in the
interest of the Judicial Service. Any application for extension
of study leave must be accompanied by –
(a) a letter of support from the officer’s
Head of department; and
(b) evidence from the institution of
learning of the need and reason for
the extension.
54. (1) The Commission may grant leave without pay
for the purpose of training to an officer, who, on his own
initiative, gains entry to or is registered as a student at an
institution of learning and whose course of training is not
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 365
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Part-time
study leave
up to two
days per
week.

Study leave
for more than
two days.

Annual
report from
institution of
learning.

based primarily on the needs of the Judicial Service. Such
approval is subject to the exigencies of the Judicial Service.
(2) Such leave shall not be considered as “service”
for pension purposes.
55. Where an officer wishes to undertake an
approved course of study at an approved tertiary institution
that would require his absence from duty, the following
shall apply –
(a) the officer shall forward his
application to the Commission a
letter of acceptance from the
institution of learning;
(b) study leave may be granted only in
cases where –
(i) the course of study would be
of benefit to the Judicial
Service; and
(ii) evening or weekend classes
are not available for the
particular course.
56. Where an officer wishes to undertake a course of
study at an approved tertiary institution that would require
his absence from duty for three or more days per week, the
officer shall be required to apply for full time study leave.
57. An annual report from the institution of learning
shall be submitted by an officer on study leave to ensure
that the officer is making good use of the leave granted to
him is pursuing with success the course of training for
which leave has been approved.

LAWS OF GUYANA
366 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Obligation
while on
training.
Officer to
submit copies
of final
reports, etc.

Suspension or
termination
of study
leave.
58. (1) Officers to whom study leave has been
approved shall be required to –
(a) devote their whole time to the course
of training;
(b) sit for any examination and to write
such papers or reports as may be
required by the training authorities;
and
(c) resume duty or take up employment
in the Judicial Service immediately
after the completion of the course of
training, or at the expiry of any
vacation or other leave which may
have been granted to them.
(2) Officers who complete their course of training
prior to the expected completion date shall resume duty
immediately, providing vacation or other leave has not been
approved, failing which they will be subject to disciplinary
action.
59. (1) Every officer shall, within, a reasonable time
after successful completion of his course of study, submit a
copy of his final report, dissertation, thesis, etc. to the
Secretary. The reasonable cost for said copies shall be borne
by the Commission.
(2) Every officer who has been the recipient of formal training may be requested to disseminate the
knowledge and skills acquired.
60. The Commission may suspend or terminate study
leave if –

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 367
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Training
awards.
Penalty for
termination.

Non-
refundable
(a) report of the officer's work or
conduct on the course is
unsatisfactory;
(b) the officer, without reasonable
excuse, fails to pass a prescribed
examination within the time fixed by
the institution which he is attending;
(c) the officer engages in any activity
which is detrimental to his progress
in the course of study undertaken by
him;
(d) the officer becomes unfit to complete
his studies owing to illness;
(e) the officer fails to reply to
correspondence or to keep the
Commission informed of his
whereabouts; and
(f) the officer is convicted on criminal
charges, in or outside Guyana.
61. Offers of training awards from international or
other organisations shall be dealt with by the Commission
and not on an ad hoc or individual basis.
62. An officer who prematurely terminates his course
of training without prior approval from the Commission
shall be required to pay the Commission a sum of money
equal to the commitments he received prior to the
premature termination, and any other amounts actually
spent by the Commission in connection with his training.
63. An officer who on his own applies for and is
granted study leave to pursue a self-funded course of study,
LAWS OF GUYANA
368 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
expenses for
self-initiated
training.

Salaries for
public
officers.

Retirement
on medical
grounds.
Doubt
regarding
computation
of officer’s
retiring
benefits.

Statutory
declaration as
to officer’s
service.
shall not be considered post facto for a refund or grant for
any portion of the expenditure incurred for the training.
PART VI
SALARIES ALLOWANCES AND FINANCIAL
BENEFITS
64. The salaries attached of officers in the Judicial
Service are and shall be as specified in orders, which may
from time to time be issued by the Minister of Finance.
PART VII
PENSIONS, GRATUITIES AND OTHER
RETIREMENT
65. Subject to any written law pertaining to any
officer, if the Commission is satisfied with the medical
advice given it shall approve the retirement of the officer on
medical grounds.
66. If there is any doubt on any point which is likely
to affect the computation and award of an officer’s
retirement benefits, the Commission shall be consulted as
early as possible with a view to ensuring the correctness of
the particulars raising the doubt, prior to submission.
67. In cases where it is not possible to locate the
necessary records in relation to an officer’s service, statutory
declarations attesting to such service shall be submitted by
three reliable and responsible persons who know the career
history of the officer in the Judicial Service. The status of the
declarant shall be stated and he shall give the source of his
knowledge of the facts contained in the declaration.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 369
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Authority to
discipline
officers.

Conditions
for
disciplinary
officers.

Dismissal for
misconduct,
insubordina-
tion or gross
inefficiency.
c.1:01

PART VIII
DISCIPLINE OF PUBLIC OFFICERS
68. (1) Subject to the Constitution, the power to
discipline officers is vested in the Commission.
69. Subject to the Constitution, an officer who,
without reasonable excuse, does an act which –
(a) amounts to failure to perform in a
proper manner any duty assigned to
him, including discourtesy to
members of the public;
(b) contravenes any of the provisions of
these Regulations, the Constitution,
the Act or any other Regulations for
the time being governing the conduct
of officers; or
(c) is prejudicial to the efficient conduct
of the Judicial Service or tends to
bring the Judicial Service into
disrepute,
is liable to disciplinary proceedings for that misconduct in
accordance with the provisions of these Rules.
70. (1) Subject to the Constitution and the Pensions
Act, an officer whose appointment has been confirmed may,
after due process, be dismissed at any time on the grounds
of misconduct, insubordination or gross inefficiency at
work.
(2) An officer who is dismissed shall be entitled to payment of salary in lieu of all vacation leave accrued to
him or her.

LAWS OF GUYANA
370 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Inefficiency
and minor
misconduct
procedures to
be followed.
71. (1) Subject to the Constitution, if, after oral
warning of inefficiency or misconduct, an officer's work or
conduct does not improve, he shall be warned in writing
and required to acknowledge receipt of such warning in
writing. In aggravated cases, a copy of the correspondence
shall be brought formally to the attention of the
Commission.
(2) Where disciplinary action is recommended for minor misconduct, the following procedures apply –
(a) the officer shall be notified in writing
by the Judicial Service Commission
of the grounds upon which it is
recommended that he be disciplined,
and he shall be given full
opportunity of exculpating himself;
and
(b) the Secretary to the Commission
shall forward to the Commission a
copy of the allegation and the
officer's explanation/response
together with the Secretary's report
on the matter and such other reports
as he considers relevant to the
matter.
(3) In any other case, if the Judicial Service Commission is satisfied that grounds for disciplinary action
exist, it may institute disciplinary proceedings.
(4) On the conclusion of the disciplinary proceedings referred to in sub-rule (3), if the Judicial Service
Commission is of the opinion that –
(a) the officer should be exonerated, it
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 371
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Proceedings
in serious
misconduct
cases.
shall exonerate the officer and
dismiss the case;

(b) the allegation is proved it shall
impose such penalty upon the officer
as it thinks fit, such as a caution,
reprimand or demotion.
72. (1) Subject to the Constitution, in cases of serious
inefficiency or misconduct for which dismissal or retirement
may be considered appropriate, the following procedures
apply –
(a) the officer shall be notified in writing
by the Judicial Service Commission
of the allegations and be given full
opportunity of exculpating himself;
(b) the Secretary of the Commission
shall forward to the Commission a
copy of the allegation and the
officer’s explanation/response
together with the Secretary’s own
report on the matter and such other
reports as may be considered
relevant to the matter;
(c) where the officer fails to respond or
acts in such a manner as to obstruct
the process, the Secretary of the
Commission shall advise the Judicial
Service Commission accordingly in
his report;
(d) upon receipt of the report, the
Judicial Service Commission may
cause further investigation to be
made into the manner with the aid of
LAWS OF GUYANA
372 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
the Secretary or such other person as
the Commission may appoint;
(e) if the Judicial Service Commission is
satisfied that sufficient investigation
has already taken place, it may
institute disciplinary proceedings;
(f) the officer may, if he wishes, request
that he appears before and be heard
by the Judicial Service Commission
with or without a Union
representative, an attorney-at-law or
some other person to assist him or
her at the hearing, and such request
shall be granted;
(g) if any witnesses are called to give
evidence, the officer, attorney-at-law
or such other person shall be entitled
to be present and to put questions to
the witnesses;
(h) no documentary evidence shall be
used against the officer unless he
has previously been supplied with a
copy thereof or given access thereto.
(2) If, on the conclusion of the disciplinary
proceedings, the Judicial Service Commission is of the
opinion that –
(a) the officer should be exonerated, it
shall dismiss the case;
(b) the officer should be dismissed or
retired, the Committee shall dismiss
LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 373
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Standard of
proof.

Commission
not bound by
rules of
evidence.

Commission
to proceed
with hearing
in absence of
officers.

Record of
disciplinary
proceeding to
be prepared.
or retire the officer; or
(c) some lesser penalty other than the
penalties referred to in paragraph (b)
should be imposed on the officer, the
Judicial Service Commission may
impose such lesser penalty, such as a
caution or reprimand;
73. The standard of proof in disciplinary proceedings
under these Rules shall be on a balance of probability.
74. In disciplinary proceedings or other deliberations,
the Judicial Service Commission shall inform itself in such
manner as it thinks fit, having regard to the rules of
evidence as far as possible or to other legal technicalities and
form.
75. (1) If without good reason, the officer against
whom disciplinary proceedings have been instituted does
not attend the hearing, the Judicial Service Commission may
proceed and conclude the matter in his absence.
(2) Where good reason is given the Judicial
Service Commission on behalf of the officer as to why he is
unable to attend the hearing, the Commission may postpone
the matter as it deems appropriate.
(3) For the purposes of this Rule, the fact that an officer was in prison during the course of the disciplinary
proceedings amounts to good reason.
76. In any disciplinary proceedings, a record of
proceedings shall be made which shall contain statements of
evidence, the findings of the Judicial Service Commission,
together with reasons for the findings and the penalty
imposed.
LAWS OF GUYANA
374 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012

Officer to be
informed of
right of
appeal.

Effect of
appeal on
peration of
penalty.

Retirement in
the Public
Interest.

Suspension.
77. The Judicial Service Commission shall, as soon as
possible, inform the officer in writing of its findings, the
penalty imposed on him or her, of his right to appeal the
determination to the High Court and of the time required
for making such application.
78. Where the officer lodges an appeal with the High
Court within the specified period, the penalty shall not take
effect pending the determination of the appeal by the High
Court.
79. If the disciplinary proceedings disclose grounds
for so doing, the Commission may require the officer to
retire in the public interest.
80. (1) Where the Commission is informed of an
alleged act of misconduct by an officer and has the reason to
believe that the public interest or the reputation of the
Judicial Service requires it, the Commission may suspend
the officer on full pay, from duty by notice in writing until
further notice.
(2) The effective date of suspension is the date
specified in the notice.
(3) An officer who is suspended shall, cease to report for duty immediately on receipt of the notice.
(4) The Commission shall review the alleged act of misconduct resulting in the suspension and may institute
disciplinary proceedings accordingly.
(5) An officer who is suspended from duty shall make himself available to the Commission whenever
required until the conclusion of the matter.

LAWS OF GUYANA
Constitution of the Co-operative Republic of Guyana Cap. 1:01 375
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012
Disciplinary
proceedings
against an
officer who
has been
criminally
charged.

Disciplinary
proceedings
during
criminal
investigations
or pending
criminal
proceedings.

Disciplinary
proceedings
arising out of
acquittal of
criminal
proceedings.

Dismissal
upon return
of guilty
verdict in
criminal
charge.
(6) Subject to sub-rule (3), where disciplinary
proceedings are not instituted within sixty (60) days of the
date of suspension, the officer shall resume duty and the
suspension shall be set aside and the officer shall be treated
for all intents and purposes as if the suspension had never
occurred.
81. (1) The Judicial Service Commission may institute
disciplinary proceedings against an officer who has been
criminally charged.
(2) Disciplinary proceedings may be instituted
under sub-rule (1) notwithstanding that the officer has
appealed a conviction arising out of the criminal
proceedings.
82. Disciplinary proceedings may be instituted by the
Judicial Service Commission where an officer’s conduct is
the subject of –
(a) an investigation by the Police; or
(b) criminal proceedings in any court.
83. An officer who is acquitted of a criminal charge in
any court is not precluded from having proceedings
instituted against him or her under these Rules in respect of
an alleged act of misconduct implicit in of that criminal
charge.
84. (1) Where an officer pleads guilty to a criminal
charge or a criminal charge is proved against an officer, the
Commission shall consider the court’s finding and request
the officer in writing to show cause why he should not be
dismissed.
(2) The Commission, after hearing the officer,
LAWS OF GUYANA
376 Cap. 1:01 Constitution of the Co-operative Republic of Guyana
[Subsidiary] Judicial Service Commission Rules
L.R.O. 1/2012


Official seals
or stamps.

Franking
stamp.

Circulars.
may either dismiss the officer or impose such penalty as it
sees fit.
PART IX
MISCELLANEOUS
85. Official seals and stamps shall be kept secured
and not be supplied to private persons.
86. Officers shall not make use of any stamp for
franking letters, or frank letters without the authority of the
Secretary, and are required to keep such devices under lock
and key, except when in actual use.
87. The content of Circulars should be communicated
to all members of staff and initialed by the officers of the
Department in which they are received.
____________________
Read Entire Law on legalaffairs.gov.gy