Chapter 001:02 - Republic

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/411-chapter-102-republic/file

L.R.O. 1/2012
LAWS OF GUYANA
REPUBLIC ACT
CHAPTER 1:02
Act No.
9 of 1970


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 7 ... 1/2012





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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.



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CHAPTER 1:02
REPUBLIC ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Continuance in operation of existing laws.
4. Prerogatives and privileges.
5. Legal proceedings and other matters.
6.
7.
Succession to property.
Rights, liabilities and obligations.
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9 of 1970 An Act to make provision consequential upon Guyana
becoming a Republic.
[20TH FEBRUARY, 1970]
Short title.
Interpretation.
c.1:01
1. This Act may be cited as the Republic Act.
2. In this Act—
“the appointed day” means 23rd February, 1970;
“the Constitution” means the Constitution of Guyana;
“the Commonwealth” has the same meaning as in the
Constitution;
“existing laws” means all laws in force in, or otherwise
having effect as part of the law of, Guyana
immediately before the appointed day;
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Continuance in
operation of
existing laws.
“the State” means the State of Guyana.
3. (1) All existing laws shall continue to have effect
as part of the law of Guyana on and after the appointed day
but all such laws shall, as from that day, be construed with
such modifications, adaptations, qualifications and
exceptions as may be necessary to bring them into
conformity with the Constitution.
(2) The President may, by order, made at any time
before 23rd February, 1972, make such amendments to any
existing law as may appear to him to be necessary or
expedient for bringing that law into conformity with the
Constitution, without prejudice, however, to any powers
conferred by any law upon any other person or authority to
amend any existing law.
(3) Anything done under any existing law before
its amendment by or under this section which would, but for
this subsection, cease by virtue of that amendment to have
effect, shall continue to have effect as if done under that law
as so amended.
(4) In the preceding subsection, “amendment”
includes modification, adaptation or other alteration
required by subsection (1).
(5) Without prejudice to the generality of the
preceding subsections, and subject to any order made under
subsection (2), in any existing law which continues in force
after the appointed day or in any public document, in
relation to any time or any period commencing on or after
the appointed day, unless the context otherwise requires—
(a) any reference to Her Majesty the
Queen (whether or not that
expression is used) or to the Crown,
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Prerogatives
and privileges.
in respect of Guyana, shall be read
and construed as if it were a
reference to the State;
(b) any reference to the Governor-
General (including references to the
Governor of the former colony of
British Guiana and the Governor-in-
Council, which by reason of any law
in force immediately prior to 23rd
February, 1970, are to be read and
construed as references to the
Governor- General) shall be read and
construed as if it were a reference to
the President;
(c) any reference to Crown land or
Crown forest shall be read and
construed as a reference to State land
or State forest, respectively;
(d) any reference to colony land shall
be read and construed as a
reference to Government land; and
(e) any reference to Her Majesty’s
dominions shall be read and
construed as a reference to the
Commonwealth.
4. (1) Where under any existing law any prerogative
or privilege is vested in Her Majesty the Queen or the Crown
in respect of Guyana that prerogative or privilege shall, on
the appointed day, vest in the State and, subject to the
Constitution or any other law, the President shall have
power to do all things necessary for the exercise thereof.

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Legal
proceedings
and other
matters.

Succession to
property.

Rights,
liabilities and
obligations.
(2) Where under any existing law any rights,
powers, privileges, duties or functions are vested in or
imposed on the Governor-General, those rights, powers,
privileges, duties and functions shall, on the appointed day,
vest in and be exercisable by the President.
5. (1) Any criminal proceedings pending in any
court immediately before the appointed day in which Her
Majesty the Queen is a party in respect of Guyana, may be
continued after the appointed day with the substitution of
the State as a party.
(2) Where any matter or thing has been
commenced before the appointed day by the Governor-
General in exercise of any power in that behalf under
existing law, such matter or thing may be continued and
completed by the President on or after the appointed day.
6. (1) All property which, immediately before the
appointed day, is vested in Her Majesty or the Governor-
General for the purposes of the Government of Guyana shall,
on the appointed day, vest in the State.
(2) Any property which, immediately before the
appointed day, is liable to escheat or to be forfeited to Her
Majesty for the purposes of the Government of Guyana,
shall, from the appointed day, be liable to escheat or to be
forfeited to the State.
(3) Where, immediately before the appointed day,
any person holds any property in trust for Her Majesty or for
the Governor-General for the purposes of the Government of
Guyana, that person shall, from the appointed day, hold
such property on the like trust for the State.
7. (1) All rights, liabilities and obligations of Her
Majesty in respect of the Government of Guyana shall, on
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and after the appointed day, be rights, liabilities and
obligations of the State.
(2) All rights, liabilities and obligations of the
Governor-General or the holder of any other office under the
Crown in respect of the Government of Guyana shall, on and
after the appointed day, be rights, liabilities and obligations
of the President or of the holder of that office, as the case
may be, on behalf of the State.
(3) In this section, rights, liabilities and obligations
include rights, liabilities and obligations arising from
contract or otherwise, other than rights mentioned in
sections 4 and 6 of this Act.
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