Chapter 001:06 - National Assembly (Disqualification)

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L.R.O. 1/2012
LAWS OF GUYANA
NATIONAL ASSEMBLY (DISQUALIFICATION) ACT
CHAPTER 1:06
Act
33 of 1961
Amended by
4 of
4 of
8 of
16 of

1972
1981
1982
1988


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 12 ... 1/2012





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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 1:06
ARRANGEMENT OF SECTIONS
SECTION
1.
2.
3.
4.
Short title.
Disqualification.
Exceptions.
Government contracts.

FIRST SCHEDULE—Offices Disqualifying for Membership of
Legislature.
SECOND SCHEDULE—Offices not Disqualifying for Membership of
Legislature.



__________________________
33 of 1961 An Act to make provision for disqualifying the holders of
specified offices and persons belonging to the
Guyana Defence Force or the Guyana Police Force, or
interested in Government contracts, for membership
of the National Assembly.
[18TH JULY, 1961]
Short title.
1. This Act may be cited as the National Assembly
(Disqualification) Act.
NATIONAL ASSEMBLY DISQUALIFICATION ACT
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Disqualifi-
cation.
[4 of 1972
6 of 1981
8 of 1982]
2. (1) Subject to section 3, a person shall be
disqualified for membership of the National Assembly—
(a) while he holds or acts in any office of
emolument in a civil capacity in the
service of the government of Guyana
or of any other Commonwealth
territory, other than in the office of a
teacher in the public service:
Provided that the foregoing
provisions of this paragraph shall not
apply in the case of a person who has
not yet made and subscribed the oath
of office required by article 167 of the
Constitution;
(b) while he is a member of the
legislature of any country or territory
outside Guyana; or
(c) without prejudice to the generality of
any provisions of this section, while
he—
(i) is a member of the Guyana
Police Force or of the Guyana
Defence Force; or
(ii) holds or acts in any office
referred to in the First
Schedule.
(2) For the avoidance of doubt it is hereby declared
that nothing in this Act shall be deemed to disqualify or ever
to have disqualified a person for membership of the National
Assembly by reason only of the fact that he holds or acts in
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Exceptions.
[4 of 1972]

Government
contracts.
[8 of 1982
16 of 1988
6 of 1997]
any office of emolument in, or in the service of, any public
corporation or any corporate body in which the controlling
interest vests in the State or in any agency on behalf of the
State.
3. The grounds hereinbefore prescribed for
disqualification for membership of the National Assembly
shall be deemed not to include holding or acting in (whether
for emolument or not) any office—
(a) to which a member of the National
Assembly is expressly or impliedly
authorised or required to be
appointed by any written law; or
(b) which (without prejudice to the
generality of any provisions of this
section) is referred to in the
Second Schedule.
4. (1) A person shall be disqualified for membership
of the National Assembly if he is a party to, or a partner in a
firm, or a director or manager of a company, not being a
company in which the controlling interest vests in the State or
in any agency on behalf of the State, which is party to any
Government contract other than a disclosed contract for the
furnishing or providing of wares, merchandise or services of a
value exceeding thirty thousand dollars, to be used or
employed in the service of the public.
(2) For the purposes of subsection (1), a contract shall
be deemed to be disclosed by any person who—
(a) is a party to the contract; or
(b) is a partner in a firm, or a director or
manager of a company, which is a
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party to the contract,
in the cases referred to in subsection (3), (4), (5) or (6), if the
nature of the contract, and the interest therein of the said
person, firm or company, as the case may be, are disclosed to
the person, and within the time, specified in subsection (3),
(4), (5) or (6), as the case may be, and not otherwise.
(3) In the case of a person whose name is included
in any list of candidates submitted under section 11 of the
Representation of the People Act in connection with an
election to the National Assembly, a contract shall be deemed
to be disclosed for the purposes of subsection (1)—
(a) where the contract is subsisting
immediately before the extraction of
his name from the list of candidates
under section 98 of the aforesaid Act,
if, before such extraction, he informs
the appropriate person; and
(b) where the contract is made after the
extraction of his name from such list
of candidates, if, before the expiry of
thirty days from the date on which
such contract is made, he informs the
Speaker of the National Assembly,
of the matters, relating to the contract, referred to in
subsection (2).
(4) In the case of a person who is a candidate for
election, a contract shall be deemed to be disclosed for the
purposes of subsection (1)—
(a) where the contract is subsisting
immediately before the nomination of
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such person as a candidate for the
election if, as soon as may be after the
nomination and in any case before the
casting of votes in that election, he
informs the appropriate person; and
(b) where the contract is made after the
nomination of such person at the
election, and where he is elected as a
member of the National Assembly at
such election, if, before the expiry of
thirty days from the date on which
such contract is made, he informs the
Speaker of the National Assembly,
of the matters relating to contracts , referred to in subsection
(2).

(5) In the case of a person who is to be or is appointed a
Minister or Parliamentary Secretary, but is not an elected
member of the National Assembly, a contract shall be deemed
to be disclosed for the purposes of subsection (1)—
(a) where the contract is subsisting
immediately before his appointment
as Minister or Parliamentary
Secretary, if, before such appoint-
ment, he informs the appropriate
person; and
(b) where the contract is made after his
appointment as Minister or
Parliamentary Secretary, if, before the
expiry of thirty days from the date on
which such contract is made, he
informs the Speaker of the National
Assembly,
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of the matters, relating to the contract, referred to in
subsection (2).
(6) In the case of a person who is a candidate for
election, or was elected, as the Speaker of the National
Assembly, not being an elected member thereof, a contract
shall be deemed to be disclosed for the purposes of subsection
(1)—
(a) where the contract is subsisting
immediately before the nomination of
such person as a candidate at such
election, if, as soon as may be after the
nomination and in any case before the
casting of votes in that election, he
informs the Clerk of the National
Assembly; and
(b) where the contract is made after the
nomination of such person at the
election, and where he is elected as
the Speaker of the National Assembly
if, before the expiry of thirty days
from the date on which such contract
is made, he informs the Elections
Commission,
of the matters, relating to the contract referred to in
subsection (2).
(7) A contract once disclosed to the appropriate person,
the Speaker or Clerk of the National Assembly or the
Elections Commission under subsection (3), (4), (5) or (6) shall
be deemed always to be a disclosed contract for the purposes
of subsection (1) and shall not be deemed to be required, by
this section, to be disclosed to any person on any subsequent
occasion.
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(8) The appropriate person or the Speaker of
the National Assembly receiving information under
subsection (3), (4) or (5) shall cause to be published in a
newspaper having circulation in Guyana, and to be delivered
to the Elections Commission for publication in the Gazette, a
notice setting out the following particulars, namely, the name
and address of the person to whom it relates, the nature of the
contract and the interest therein of that person or of any firm
of which he is a partner or company of which he is a director
or manager; and the Clerk of the National Assembly or the
Elections Commission receiving any information under
subsection (6) shall publish a notice setting out the aforesaid
particulars in a newspaper having circulation in Guyana and
in the Gazette:
Provided that failure by the appropriate person, the
Speaker or Clerk of the National Assembly or the Elections
Commission to comply with this subsection shall not be
deemed to affect the qualification of any person for
membership of the National Assembly.

(9) [Omitted]
(10) The Clerk of the National Assembly receiving
information under subsection (6) (a) shall, in addition to
complying with the requirements of subsection (8), inform
the members of the National Assembly of the particulars
mentioned in subsection (8), before the casting of votes
referred to in subsection (6)(a).
(11) In this section —
(a) “appropriate person” means—
(i) for the purposes of subsection
(3)(a), the person who may
extract, under section 98 of the
Representation of the People
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Act, the name of the person
referred to in that subsection
from the list of candidates
referred to therein;
(ii) [Omitted]
(iii) for the purposes of subsection
(5) (a), the President;
(b) “Government contract” means any
contract made with the Government
or a department of the Government or
an officer of the Government
contracting as such.
s. 2(c) (ii)
[8 of 1982] FIRST SCHEDULE
OFFICES DISQUALIFYING FOR MEMBERSHIP OF
LEGISLATURE
c. 69:02
c. 65:05
c. 98:01
Rent Assessor.
Member of an assessment committee constituted under the
Rice Farmers (Security of Tenure) Act.
Commissioner appointed under section 7 of the Petroleum
(Production) Act.
Appointed member of Public Utility and Public Health
Services Arbitration Tribunal
Arbitrator appointed under section 4 of the Labour Act.
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c. 19:03
1953 Ed.
c. 111
c. 49:07
c. 81:01

c. 56:03
c. 28:04
c. 16:01
c. 11:01
c. 1:03
Commissioner appointed under the Commissions of Inquiry
Act.
Medical referee appointed for the purposes of the Workmen’s
Compensation Act.
Member of the Customs Tariff Tribunal.
Assessor of a court of inquiry appointed under Part 1 of the
Shipping Casualties (Investigation and Prevention) Act.
Member of the Board of Review established under section 79
of the Income Tax Act.
Arbitrator appointed by the Minister under section 31 of the
Hydro- Electric Power Act.
Member of a local rating valuation appeals panel established
under the Valuation for Rating Purposes Act.
Member of the Guyana Fire Brigade.
Supernumerary constable, subordinate officer, inspector or
officer appointed under section 82 of the Police Act.
Prison Officer within the meaning of the Prison Act.
Chief Elections officer, returning officer, deputy returning
officer, election clerk, presiding officer, assistant presiding
officer, poll clerk appointed under the Elections Act.
Clerk or other member of the staff of the National Assembly.

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SECOND SCHEDULE
OFFICES NOT DISQUALIFYING FOR MEMBERSHIP OF
LEGISLATURE
Member of the Advisory Council on the Prerogative of
Mercy constituted under the Constitution.
Member of any board, panel, committee or other similar body
(whether incorporated or not) established by any law for the
time being in force in Guyana, other than an office mentioned
in the First Schedule.
_______________________
s. 3(b)
[8 of 1982]
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