Chapter 005:11 - Deeds Registry Authority

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/450-chapter-511-deeds-registry-authority/file

L.R.O. 1/2012
LAWS OF GUYANA
DEEDS REGISTRY AUTHORITY ACT
CHAPTER 5:11
Act
2 of 1999
Amended by
23 of 2007
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 16 ... 1/2012





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Index
of
Subsidiary Legislation
This Chapter contains no subsidiary legislation.


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CHAPTER 5:11
DEEDS REGISTRY AUTHORITY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment of Deeds Registry as body corporate.
4. Functions of Registry
5. Constitution of Registry.
6. Functions as to employment, etc.
7. Officers and employees of Registry.
8. Transfer of assets and liabilities.
9. Establishment and constitution of Advisory Board.
10. Functions of Advisory Board.
11. Appointment and termination thereof of certain Advisory Board
members.
12. Inability of Chairman to carry out functions.
13. Meetings and advice of Advisory Board.
14. Protection of members, officers and employees of the Registry.
15. Budget and other financial matters of the Registry.
16. Resources of the Registry.
17. Exemption from taxation.
18. Regulations.
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CHAPTER 5:11
DEEDS REGISTRY AUTHORITY ACT
2 of 1999 An Act to establish the Deeds Registry as a body corporate to
promote the efficient and orderly operation of the Registry to
establish the conditions governing the employment of
officers and employees of the Registry, to provide for funding
of the operations of the Registry, and for matters connected
therewith or incidental thereto.
[1ST OCTOBER, 2010]
Short title.
Interpretation.
c. 5:01
1. This Act may be cited as the Deeds Registry
Authority Act.
2. In this Act –
“appointed day” means the 1st day of October, 2010;
“Deeds Registry Act” means the Deeds Registry Act;
“Deputy Registrar” means the Deputy Registrar of
Deeds;
“Minister” means the Minister of Legal Affairs;
“Registrar” means the Registrar of Deeds;
“Registry” means the Deeds Registry as existing
immediately before the appointed day and, after the
appointed day the Deeds Registry as established by section 3
of this Act.

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Establishment
of Deeds
Registry as
body corporate.
Functions of
Registry.
[23/2007]
c 5:01
c. 89:01
c. 90:05
c. 5:08
c. 90:12
c. 90:01
c. 90:03
c. 6:01
3. The Registry is hereby established as a body
corporate from the appointed day.
4. The functions of the Registry shall be –
(a) the functions assigned to the Registrar and
to the Registry under –
(i) the Deeds Registry Act;
(ii) the Companies Act 1991;
(iii) the Business Names
(Registration Act);
(iv) the Powers of Attorney Act;
(v) the Bills of Sale Act;
(vi) the Trade Marks Act;
(vii) the Patents and Designs Act;
(viii) the Civil Law of Guyana Act;
(ix) [deleted by Act No. 23 of 2007]
(x) any other written law or other
legal document;
(b) to do anything and enter into any
transaction which are necessary to ensure
the proper performance of its functions, and
without prejudice to the generality of the
foregoing –
(i) develop and maintain systems,
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Constitution of
Registry.
[23 of 2007]
whether by computer or other
means, for the collection,
storage and retrieval of
information relevant to the
functions of the Registry; and
(ii) design and conduct training
programmes for Registry
officers and employees so as to
upgrade their knowledge, skills
and job performance; and
(c) to regulate its own procedure in accordance
with this Act and the laws mentioned in
paragraph (a).
5. (1) The Registry shall consist of the following
designated members –
(a) the Registrar
(b) the Deputy Registrar; and
(c) such senior officers of the Registry,
not exceeding five, as may be
designated by the Registrar, with the
approval of the Minister.
(2) The Registrar and the Deputy Registrar shall be
appointed by the Judicial Service Commission as provided for
in Article 199 of the Constitution.
(3) The senior officers of the Registrar designated
as members thereof shall hold office for such period as may
be specified by the Registrar, with the approval of the
Minister, and may be re -appointed on the expiration of their
term of office.

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Functions of
the registry as
to employment,
etc.

(4) Notwithstanding anything in subsection (3), the
Minister may terminate the appointment of any designated
member of the Registry other than the Registrar Deputy and
Registrar for failure or inability to discharge the functions of
his office or for misconduct or in the public interest.
(5) The Registrar shall be the chief executive of the
Registry and, subject to the general supervision and control of
the Minister, shall be responsible -
(a) for carrying out the functions
assigned to him under the laws
mentioned in section 4 (a);
(b) for the day-to-day operations of the
Registry;
(c) for the management of funds,
property and affairs of the Registry;
and
(d) for the administration, organization
and control of the staff of the Registry.
(6) The Registrar, with the approval of the Minister
shall appoint such notaries public, sworn clerks, assistant
sworn clerks, clerks and other officers and employees as may
be necessary to carry out the efficient performance of the
functions of the Registry.
(7) The seal of the Registry shall be such device as
may be determined by the Registrar and shall be kept by the
Registrar.
6. In addition to the functions mentioned in section 4,
the functions of the Registry shall include the functions that
were discharged by the Public Service Management within
the Ministry responsible for the Public Service on the date
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immediately preceding the appointed day and are as follows

(a) to determine job descriptions and
specifications;
(b) subject to section 5 (3) and (4), to hire,
discipline and dismiss officers and
employees of the Registry;
(c) to determine the conditions of service,
including remuneration;
(d) to maintain a staff list;
(e) to provide for a wages and salaries regime
and to provide for grading of officers and
employees and for leave, overtime, training,
allowances, and hours of work;
(f) to make provision for the payment for
pension, gratuity or other allowances in
respect of the service of the officers and
employees of the Registry upon their
retirement therefrom;
(g) to establish and implement a written code of
conduct for all officers and employees of the
Registry;
(h) with the approval of the Minister, to retain
the services of professional persons and
experts and pay such remuneration in
respect thereof as the Registrar, with the
approval of the Minister, may determine;
and
(i) to provide for the implementation of any
operational procedure regarding the
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Officers and
employees of
the Registry.
Transfer of
assets and
liabilities.
functions specified in paragraphs (a) to (h),
inclusive.
7. (1) Before the appointed day, the Government and
the Registry shall, with the approval of the Public Service
Commission, notify the officers and employees of the Registry
that the Registry wishes to retain them as officers and
employees after the appointed day, and such officers and
employees shall be engaged on terms and condition as may
be agreed upon between the Registry and each person so
employed and, which taken as a whole, are no less favourable
than those applicable to him immediately before the date, and
the Registry shall, in respect of the persons so employed, be
the successor of the Government with regard to such officers’
and employees’ leave and superannuation rights and benefits,
whether accrued, earned, inchoate or contingent.
(2) For the purposes of every law, determination or
agreement relating to the employment of each of the officers
and employees of the Registry retained under subsection (1),
including the determination of and right to receive
superannuation benefits, such employment shall be deemed
to have been uninterrupted and the period of service of each
such officer or employee with the Registry, and every other
period of service of that officer or employee that is recognized
as continuous employment with the Government, shall be
deemed to have been a period of service with the Registry.
(3) No officer or employee retrained under
subsection (1) shall be entitled to receive any payment or
other benefit by reason of this Act.
8. (1) On the appointed day there shall be transferred
to, and vest in, or subsist against, the Registry by virtue of this
Act and without further assurance –
(a) the affairs of the Registry, the
Registrar and other officers and
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employees of the Registry subsisting
immediately preceding the
appointed day; and
(b) all assets, property, rights, liabilities
and obligations (other than an
agreement for personal services)
which, immediately before the
appointed day, were the property,
rights, liabilities and obligations of
the Registry and the Registrar.
(2) Without prejudice to the other provisions of
this Act, where any right, liability or obligation vests in, or
subsists against, the Registry or the Registrar by virtue of this
Act, the Registry and all other persons affected thereby shall,
as from the appointed day, have the same rights, powers and
remedies (and in particular the same rights as to the
instituting or defending of legal proceedings or the making or
resisting of applications to any authority) for ascertaining,
perfecting or enforcing that right, liability or obligation as
they would have had if it had at all times been a right, liability
or obligation of the Registry.
(3) All legal proceedings and claims which before
the appointed day are pending in the name of the Registry or
the Registrar shall be continued or enforced by or against the
Registry in the same manner as they would have been
continued or enforced if this Act had not been enacted.
(4) After the appointed day, proceedings in respect
of any right, liability or obligation which was vested in, held,
enjoyed, incurred, suffered by, or subsisted against either the
Registry or the Registrar may be instituted by or against the
Registry.
(5) Nothing effected or authorized by this Act –

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c. 5:01
Establishment
and
constitution of
Advisory
Board.
(a) shall be regarded as placing the
Registry or any other person in breach
of contract, confidence or duty or
otherwise making any of them guilty
of a civil wrong;
(b) shall be regarded as giving rise to a
right for any person to terminate or
cancel any contract, arrangement or
instrument, or to accelerate the
performance of any obligation;
(c) shall be regarded as placing the
Registry or any other person in breach
of any enactment or rule of law or
contractual provision prohibiting,
restricting, or regulating the
assignment or transfer of property or
the disclosure of any information; or
(d) shall invalidate or discharge any
function or other act performed by the
Registry or the Registrar or any other
officer of the Registry prior to the
appointed day pursuant to the Deeds
Registry Act or any other applicable
written law.
9. There is hereby established the Advisory Board of
the Registry, which shall consist of the following members -
(a) the Honourable Chief Justice, who shall be
the Chairman;
(b) the Solicitor-General, who shall be the Vice-
Chairman;
(c) the Chief Parliamentary Counsel;
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Functions of
the Advisory
Board.

Appointment
and
termination
thereof of
certain
Advisory Board
Members.
Inability of
Chairman to
carry out
functions.
Meetings and
advice of the
(d) the State Solicitor, Official Receiver and
Public Trustee; and
(e) the President and Secretary of the Guyana
Bar Association, or their nominees, who
shall each serve one year but may be re-
nominated on the expiry thereof.
10. The Advisory Board shall be responsible for -
(a) advising the Minister and the Registry on
the performance by the Registry of its
functions for the purpose of furthering the
efficient and orderly operation of the
Registry; and
(b) considering and communicating to the
Minister and the Registry the advice or
opinion of the Advisory Board on any
matter referred to it by the Minister or the
Registry.
11. The members of the Advisory Board mentioned in
section 9 (e) shall be appointed by the Minister, and the
appointment of any such member may be terminated by the
Guyana Bar Association.

12. Where the Chairman of the Advisory Board is, for
any reason, unable to carry out his functions under this Act or
if the office is vacant, the Vice-Chairman of the Advisory
Board shall have and discharge the functions of the Chairman
for the period of the inability of the Chairman to carry out his
functions.
13. (1) That Advisory Board shall meet whenever
necessary to ensure the proper discharge of its functions
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Advisory
Board.

Protection of
members,
officers and
employees of
the Registry.
Budget and
other financial
matters of the
Registry.
under this Act or whenever requested by the Minister or the
Registry and, subject to the approval of the Minister, the
Advisory Board may regulate its own procedure.
(2) The Advisory Board shall, after receipt of any
matter referred to it by the Minister or the Registry, consider
the matter expeditiously and communicate to the Minister or
the Registry, as the case may be, in writing the advice or
opinion of the Advisory Board thereon.
14. No action, suit, prosecution or other proceedings
shall be brought or instituted personally against the Registrar,
the Deputy Registrar or any other officer or employee of the
Registry or a member of the Advisory Board in respect of any
act done bona fide by him in the execution or intended
execution of his lawful duties:
Provided that where any such person is exempt from
such liability by reason only of the provisions of this section,
the Registry shall be liable to the extent that it would be if the
officer, employee or member were an agent to the Registry.
15. (1) The Registry shall determine its own annual
budget for submission to the Minister for approval and
thereafter for submission to the Minister of Finance for
inclusion in the annual budget presented to the National
Assembly.
(2) The Registry is hereby authorized, under the
general supervision and control of the Minister, to retain such
fees and costs collected by it in the discharge of its functions
as are necessary to fund the budget for the Registry, and the
remainder of such fees and costs collected shall be paid into
the Consolidated Fund.
(3) The Registry shall have the authority to
disburse its funds.

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Resources of
the Registry.
(4) The financial year of the Registry shall be the
period of twelve months ending on 31st December in each
year.
(5) The Registry shall cause to be kept proper
books of accounts and other records relating to the affairs of
the Registry and shall prepare annually a statement of
accounts in a form satisfactory to the Minister and to the
Minster of Finance, being a form which shall conform with
established accounting principles.
(6) The accounts of the Registry shall be audited
annually by the Auditor General.
(7) As soon as practicable, but not later than six
months after the expiry of the financial year, the Registry
shall submit to the Minister a report concerning its financial
affairs, operations and performance during that financial
year, and there shall be appended to the report -
(a) an audited balance sheet;
(b) an audited statement of income and
expenditures; and
(c) such other information as the Minister
may require.
(8) The Minister shall cause a copy of the report
together with the annual statement of account and the
Auditor General’s report thereon or on the accounts to be laid
before the National Assembly.
16. (1) The funds and resources of the Registry shall
consist of –
(a) sums retained by the Registry in
accordance with section 15(2);
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Exemption
from taxation.
(b) sums provided to the Registry by or
under any appropriation law;
(c) any property or investment acquired
by, or vested in the Registry, and any
moneys earned or arising from any
property or investment acquired by,
or vested in the Registry;
(d) sums allocated from time to time to
the Registry from loan funds or
grants;
(e) sums barrowed by the Registry for the
purpose of meeting any of its
obligations or the performance of any
of its functions; and
(f) all other sums or property which may
in any manner become payable to or
vested in the Registry in respect of its
functions or by reason of any matter
incidental thereto.
(2) The charges of any amount which may be
allocated to the Registry for any loan funds shall be met by
the Registry, except that all or any part of such changes may
be met out of moneys provided by or under any
appropriation law.
(3) For the purposes of this section, the expression
“loan funds” means such sums as may be made available
from time to time to the Registry or to the Government by
way of loan.
17. (1) The Registry, its assets, property, income and
its operations and transactions authorised by this Act, shall be
exempt from all taxation including customs duties,
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Regulations.
c. 5:01
consumption tax, capital gains tax, corporation tax, income
tax, property tax, and purchase tax, and the Registry shall be
exempt from payment of any tax or duty whatsoever.
(2) No taxation of any kind shall be levied on any
obligation or security issued by the Registry.
18. (1) Without prejudice to the powers of any other
minister under the laws mentioned in section 4 (a), the
Minister may make such regulations as are necessary for
carrying out the purpose of this Act and otherwise for the
good and efficient order and management of the Registry and
for the preservation of the records therein.
(2) The Minister, with the advice of the Advisory
Board, shall make the rules and regulations required to be
made by the Chancellor under Section 9 of the Deeds Registry
Act.
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