L.R.O. 1/2012
LAWS OF GUYANA
COMMISSIONS OF INQUIRY ACT
CHAPTER 19:03
Act
5 of 1933
Amended by
4
6
of
of
1972
1997
O. 80/1980






1 – 9 ... 1/2012
(inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.
Note
on
Repeal
This Act repealed the Commissioners (Examination of Witnesses (Ordinance, (1929 Edition Cap. 258).

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CHAPTER 19:03
COMMISSIONS OF INQUIRY ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Power to issue commission.
3. Powers to appoint fresh commissioners, and to alter and revoke
commissions.
4. Commission not affected by any change of President.
5. Commissioners to take oath of office, how and before whom.
6. Power to appoint secretary; his duties.
7. Duties of commissioners defined.
8. Division of opinion of commissioners.
9. Commissioners’ powers for regulating their proceedings.
10. Commissioners’ powers to summon and examine witnesses, and
privileges from suit.
11. False evidence, how punishable.
12. (1) Duty of witnesses summoned.
(2) Penalty for contumacy or insult, or interruption of proceedings.
13. Appearance of counsel.
14. Constables detailed to attend upon commissioners; their duties.
15. Remuneration to commissioners and others, how ascertained and paid.
16. Commissions, etc., to be published in Gazette.
17. Proceedings for penalties, how to be commenced and prosecuted.
SCHEDULE - Summons to witnesses.
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CHAPTER 19:03
COMMISSIONS OF INQUIRY ACT 1953 Ed.
c. 59 _______________________________________________________
5 of 1933 An Act to enable the President to issue Commissions of
Inquiry with special powers.
[15TH April, 1933]
Short title.
Power to issue
commission.
[4 of 1972]
1. This Act may be cited as the Commissions of
Inquiry Act.
2. (l) The President may issue a commission
appointing one or more commissioners and authorising such
commissioner or commissioners to inquire into any matter in
which an inquiry would, in the opinion of the President, be
for the public welfare.
(2) Every such Commission shall specify the
subject, nature and extent of the inquiry, and may contain
directions in the following matters:
(a) in what manner the Commission
shall be executed;
(b) if there be more Commissioners than
one, which of them shall act as
chairman;
(c) what number of them shall constitute
a quorum;
(d) the place and time where and within
which the inquiry shall be made and
the report thereof rendered;

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Powers to
appoint fresh
commissioners,
and to alter and
revoke
commissions.

-
Commission
not affected by
any change of
President.
Commissioners
to take oath
of office, how
and before
whom.

Power to
appoint
secretary; his
duties.

(e) whether or not the inquiry shall be
held in public, with reservation
nevertheless to the Commissioners to
exclude any person or persons if they
deem fit for the due conduct of the
inquiry, the preservation of order or
for any other reason;
(f) and generally for the better giving
effect to the purpose of the inquiry.
3. In case any commissioner shall be or become
unable or unwilling to act, or shall die, the President
may appoint another commissioner in his place; and any
commission issued under this Act may be altered as the
President may deem fit by any subsequent commission issued
by the President or may be revoked altogether by a
notification to that effect published in the Gazette.
4. No commission issued under this Act shall lapse
by reason of, or be otherwise affected by the death, absence,
or removal of the President issuing the same.
5. It shall be the duty of each commissioner appointed
under this Act to make and subscribe an oath or affirmation
that he will faithfully, fully, impartially, and to the best of his
ability discharge the trust, and perform the duties devolving
upon him by virtue of such commission, which oath or
affirmation may be taken before any magistrate or justice
of the peace, and shall be deposited by the commissioner with
the Secretary to the Office of the President.
6. The President may appoint a secretary to attend the
sittings of the commission to record their proceedings, to
keep their papers, summon and minute the testimony of
witnesses, and generally to perform such duties connected
with such inquiry as the commissioners shall prescribe,
subject to the directions, if any, of the President.
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Duties of
commissioners
defined.
Division of
opinion of
commissioners.

Com-
missioners’
powers for
regulating
their
proceedings.

Com-
missioners’
powers to
summon and
examine
witnesses, and
privileges from
suit.


False
evidence, how
7. It shall be the duty of the commissioners, after
taking such oath or affirmation, to make a full, faithful, and
impartial inquiry into the matter specified in such
commission, and to conduct such inquiry in accordance with
the directions (if any) in the commission; and, in due course,
to report to the President in writing, the result of such
inquiry; and also, when required, to furnish to the President a
full statement of the proceedings of such commission, and of
the reasons leading to the conclusions arrived at or reported.
8. If the commissioners shall, in any case, be equally
divided on any question that arises during the proceedings of
the commission, the chairman of the commission shall have a
second or casting vote.
9. The commissioners acting under this Act may make
such rules for their own guidance, and the conduct
and management of proceedings before them, and the hours
and times and places for their sittings, not inconsistent with
their commission, as they may from time to time think fit, and
may from time to time adjourn for such time and to such
place as they may think fit, subject only to the terms of their
commission.
10. Commissioners acting under this Act shall have
the powers of a judge of the High Court to summon
witnesses, and to call for the production of books, plans, and
documents, and to examine witnesses and parties concerned
on oath, and no commissioner shall be liable to any action or
suit for any matter or thing done by him as such
commissioner. All summonses for the attendance of
witnesses, or other persons, or the production of documents,
may be in the form given in the Schedule and shall be signed
by one of the commissioners, and oaths may be administered
by one of the commissioners, or by the secretary.
11. Any witness who shall wilfully give false
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punishable.

Duty of
witnesses
summoned.
[4 of 1972]
[6 of 1997]

Penalty for
contumacy or
insult, or
interruption of
proceedings.
evidence in any such inquiry concerning the subject matter of
such inquiry, shall be guilty of perjury, and be liable to be
prosecuted and punished accordingly.
12. (1) All persons summoned to attend and give
evidence, or to produce books, plans, or documents, at
any sitting of any such commission, shall be bound to obey
the summons served upon them as fully in all respects as
witnesses are bound to obey subpoenas issued from the
High Court, and shall be entitled to the like expenses as if
they had been summoned to attend the High Court on a
criminal trial, if the same shall be allowed by the
commissioners but the commissioners may disallow the
whole or any part of such expenses in any case, if they think
fit. The procedure for the payment of such witnesses shall be
the same as nearly as may be for the payment of witnesses in
the High Court, and they shall be paid at such time and in
such manner as the Minister responsible for finance may
direct.
(2) Every person refusing or omitting, without
sufficient cause, to attend at the time and place mentioned in
the summons served on him, and every person attending,
but leaving the commission without the permission of the
commissioners, or refusing without sufficient cause to
answer, or to answer fully and satisfactorily to the best of his
knowledge and belief, all questions put to him by or
with the concurrence of the commissioners, or refusing or
omitting without sufficient cause to produce any books,
plans, or documents in his possession, or under his control,
and mentioned or referred to in the summons served on him,
and every person who shall at any sitting of the commission
wilfully insult any commissioner, or the secretary, or wilfully
interrupt the proceedings of the commission, shall be liable on
summary conviction to a fine of thirty-two thousand five
hundred dollars and to imprisonment for six months.
(3) A person giving evidence before the
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Appearance of
counsel.

Constables
detailed to
attend upon
commissioners;
their duties.
[4 of 1972]
Remuneration
to
commissioners
and others,
how
ascertained and
paid.
Commissions,
etc, to be
published in
Gazette.

Proceedings for
penalties, how
to be
commission shall not be compellable to incriminate himself,
and every such person shall, in respect of any evidence given
by him before the commission, be entitled to all privileges to
which a witness giving evidence before the High Court is
entitled in respect of evidence given by him before such court.
13. Any person whose conduct is the subject of
inquiry under this Act, or who is in any way implicated or
concerned in the matter under inquiry, shall be entitled to be
represented by counsel or solicitor at the whole of the
inquiry, and any other person who may consider it
desirable that he should be so represented may, by leave
of the commission, be represented in manner aforesaid.
14. The Commissioner of Police shall detail constables
to attend upon any commissioners, to preserve order during
the proceedings of the commission, and to perform such other
duties as usually pertain to their office when in attendance
upon the High Court, and to serve summonses on witnesses,
and to perform such ministerial duties as the commissioners
shall direct.
15. The President may direct what remuneration, if
any, shall be paid to any commissioners acting under this Act,
and to their secretary, and to any other persons employed in
or about any such commission, and may direct payment of
any other expenses attendant upon the carrying out of any
such commission, or upon any proceedings for any penalty
under this Act. Such sums so directed to be paid shall be paid
out of moneys provided by Parliament.
16. All commissions under this act and all revocations
of any such commissions, shall be published in the Gazette,
and shall take effect from the date of such publication.
17. Subject to article 47 of the Constitution, no
proceedings shall be commended for any penalty under this
LAWS OF GUYANA
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commenced
and
prosecuted.
[O. 80/1980]
c. 1:01
s. 10

Act, except by the direction of the commissioners. The
commissioners may direct their secretary, or such other
person as they may think fit, to commence and prosecute the
proceedings for such penalty.
______________________
SCHEDULE
SUMMONS TO WITNESSES
To A.B. (name of person summoned, and his calling and
residence if known).
You are hereby summoned to appear before (here name
the commissioners), appointed by the President to inquire
(state briefly the subject of inquiry) at (place), upon the
day of 20 , at o’clock, and to give evidence
respecting such inquiry. (If the person summoned is to
produce any documents add), and you are required to bring
with you (specify the books, plans, and documents
required). Therefore fail not at your peril.
Given under the hand of commissioner, this day of
20 .
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