Chapter 26:01 - Integrity Commission (Guyana)

Chapter 26:01 - Integrity Commission

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L.R.O. 1/2012
LAWS OF GUYANA
INTEGRITY COMMISSION ACT
CHAPTER 26:01
Act
20 of 1997
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 39 ... 1/2012

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Note
on
Subsidiary Legislation
This Chapter contains no subsidiary legislation.
Page

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CHAPTER 26:01
INTEGRITY COMMISSION ACT
ARRANGEMENT OF SECTIONS
PART 1
PRELIMINARY
SECTION
1. Short title.
2. Interpretation.
PART II
INTEGRITY COMMISSION
3. Establishment of Integrity Commission.
4. Terms and conditions of appointment of chairman and other
members.
5. Termination of appointment and resignation.
6. Oath of office.
7. Interest in matter or proceedings before Commission by member.
8. Functions of Commission.
9. Sittings of Commission.
10. Procedure of Commission.
11. Funds of Commission.
12. Officers and employees of Commission.
PART III
FINANCIAL DISCLOSURE
13. Declaration of financial affairs.
14. Trust property.
15. Full disclosure.
16. Blind trusts.
17. Receipt and examination of declarations.
18. Commission or the President may require further particulars.
19. Failure to file declaration or furnish particulars.
20. Commission may hold formal inquiry.
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SECTION
21. Further information from members of Commission in respect of their
declarations.
22. Offences and penalties.
23. Prosecutions.
24. Expenses incurred in preparation of declarations tax deductible.
PART IV
CODE OF CONDUCT
25. Provisions of this Part in addition to and not in derogation of certain
Acts.
26. Powers of appropriate disciplinary authority preserved.
27. Code of Conduct.
28. Complaint to Commission.
29. Commission may reject complaint.
30. Investigation of breach of Code of Conduct.
31. Report to Director of Public Prosecutions.
PART V
GIFTS
32. Report to Commission of gifts.
33. Penalty for contravening section 32.
PART VI
MISCELLANEOUS
34. Assistance by Commissioner of Police.
35. Confidentiality of information.
36. Amendment of Schedules.
37. Annual report by Commission.
38. Power of Commission to make rules.
39. Power of the Minister to make regulations.
40. Constitutional privileges and immunities not affected.
PART VII
CREATION OF A NEW OFFENCE
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AMENDMENT OF CERTAIN ENACTMENTS
WIDER APPLICATION OF ACT
SECTION
41. Possession of unaccounted property or pecuniary resource.
42. Wider application of Act.
SCHEDULE I—Specified Offices.
SCHEDULE II—Code of Conduct.
SCHEDULE III—Forms.
__________________________ _______________________________________________________
20 of 1997
CHAPTER 26:01
INTEGRITY COMMISSION ACT
An Act to provide for the establishment of an Integrity
Commission and to make provisions for the purpose of
security of persons in public life.

Short title
Interpretation
PART 1
PRELIMINARY

1. This Act may be cited as the Integrity Commission
Act.
2. In this Act—
(a) “assets” of a person means all property including any
right or interest in property and money held by
the person in Guyana or elsewhere;
(b) “chairman” means the chairman of the Commission
appointed under section 3;
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Schedule II
Schedule III
Schedule I
(c) “child” in relation to a person, means the person’s
child who has not attained the age of eighteen
years and is not married and includes a step-child
or an adopted child;
(d) “Code of Conduct” means the body of rules contained
in Schedule II;
(e) “Commission” means the body of rules contained in
Schedule II;
(f) “Form” means a form in Schedule III;
(g) “liabilities” of a person means all the obligations of the
person to pay money or to provide goods or
services in Guyana or elsewhere;
(h) “member” means a member of the Commission
appointed under section 3 and includes the
chairman;
(i) “person in public life” means a person who holds any
specified office and includes a person in section 42
whether or not mentioned in Schedule I;
(j) “specified office” means an office listed in Schedule I
(k) “spouse” includes reputed wife and reputed husband;
(l) “tribunal” means any person appointed a tribunal
under section 21.
PART II
INTEGRITY COMMISSION
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Establishment
of Integrity
Commission.

Terms and
conditions of
appointment of
chairman and
others
Members.
3. (1) There is hereby established a commission to be
known as the Integrity Commission which shall consist of a
chairman and not less than two nor more than four other
members.
(2) The Chairman shall be a person who is or who
was, or who is qualified to be, appointed as, a Puisne Judge of
the High Court or any other fit and proper person.
(3) The other members shall be appointed from
among persons appearing to the President to be qualified as
having had experience of, and shown capacity in, law,
administration of justice, public administration, social
service, finance or accountancy or any other discipline.
(4) The chairman and other members shall be
appointed by the President after consultation with the
Minority Leader.
(5) The chairman and other members may be
appointed as either full time or part time.
(6) The names of the chairman and other
members of the Commission as first constituted and every
change in the membership thereof shall be published in the
Gazette and in a daily newspaper.
(7) The Commission shall be a body corporate.
4. (1) Subject to the provisions of section 5, the
chairman or any other member shall be appointed for such
period, being not less than one year, as may be specified by the
President when appointing him; and the emoluments and
other terms and conditions of appointment of the chairman
and other member shall be such as may be determined by the
President after consultation with the Minority Leader.

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Termination of
appointment
and
resignation.
(2) Except where the appointment of the chairman
or other member is terminated under section 5(1), the
chairman or other member shall be eligible for re-appointment
on the expiry of his term.
5. (1) The appointment of the chairman or any
other member may be terminated by the President if the
chairman or any other member—
(a) is convicted for the breach of any
provision of the Code of Conduct;
(b) is convicted of any other offence;
(c) is guilty of misconduct inconsistent
with his membership of the
commission;
(d) becomes of unsound mind or incapable
of carrying out his duties;
(e) becomes bankrupt or compounds
with his creditors; (f) is absent, except
on leave granted by the Commission,
from all meetings of the Commission
held during two consecutive months,
or during any three months in any
period of twelve months;
(g) fails to carry out all or any of the
duties or functions conferred or
imposed on him by this Act:
Provided that the appointment of the chairman or
other member shall not be terminated under this subsection
unless he has been given a reasonable opportunity of being
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Oath of office.
Interest in
matter or
proceedings
before
Commission
by member.

Functions of
heard:
Provided further that where an appointment is
terminated a concise report thereof shall with all convenient
speed be laid before the National Assembly.
(2) The chairman or any other member may
resign by letter addressed to the President.
6. The chairman or other member shall not enter upon
the duties of his office unless he has taken and subscribed
the oath of office set out in the Constitution before a
magistrate or a justice of the peace and such oath shall be
deposited by the chairman or other member with the Head
of the Presidential Secretariat.
7. (1) Where the Chairman or any other member is
interested in any matter before the Commission or any
person who is a party to any proceedings before the
Commission the Chairman or other member so interested
shall disclose the nature of his interest to the Commission and
shall not participate in its sittings in relation to the said matter
or person.
(2) Where in the opinion of the President or of the
Commission the chairman or any other member is
interested in any matter before the Commission or any
person who is a party to any proceedings before the
Commission, the President or the Commission, as the case
maybe, shall direct the chairman or other member not to
participate in the sittings of the Commission in relation to the
said matter or person.
(3) Where the chairman or any other member
acts in contravention of this section he shall be guilty of
misconduct under section 5(l)(c).
8. (1) The Commission shall perform the functions
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Commission.
Sittings of
Commission.
conferred on it by this Act.
(2) The Commission shall have power to do
anything which in the opinion of the Commission is
calculated to facilitate the proper performance of its
functions or is incidental thereto.
(3) In the exercise and discharge of its functions,
the Commission shall not be subject to the direction or
control of any other person or authority.
9. (1) The headquarters of the Commission shall be in
Georgetown, but the Commission may hold its sittings at any
other place in Guyana and with the permission of the President,
at any place outside Guyana.
(2) Where the chairman cannot for any reason
attend any sitting of the Commission, the members present
and forming a quorum may elect one of their number to act
as chairman for that meeting.
(3) No sitting or decision of the Commission, or
any other act or thing done in pursuance of the powers
conferred on it, shall be deemed to be invalid or ineffective
only on the ground that—
(a) there was a vacancy in the
membership of the Commission or
that any member did not participate
in any particular sitting of the
Commission;
(b) there was any defect in the appointment
or qualification of any person
purporting to be a member thereof;
or

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Procedure of
Commission.
c. 19:03
Form 1.
Funds of
Commission.
Officers and
employees of
Commission.
(c) there was any minor irregularity
(not calculated to cause any
prejudice, or injustice or hardship to
any person) in the convening or
conduct of any meeting thereof.
(4) Three members of the Commission shall
constitute a quorum.
10. (1) Subject to the provisions of this Act and any
regulations made thereunder, the Commission may
regulate its own procedure and may make rules for that
purpose.

(2) For the purpose of the performance of its
functions under this Act, sections 10, 11, 12, 13, 14 and 17 of
the Commissions of Inquiry Act shall mutatis mutandis
apply to the Commission subject to the modifications
that—
(a) a reference to the commissioners shall
be deemed to be a reference to the
Commission; and
(b) the form of summons for the
attendance of witnesses or other
persons or production of documents
shall be in Form 1.
11. The Funds of the Commission shall consist of such
funds as shall be provided to the Commission by or under any
appropriation law.
12. (1) The Commission may, acting within the
funds and resources available to it—
(a) employ a secretary and such other
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officers and employees as are
required for the proper performance
of the functions of the Commission;
(b) retain the services of professional
persons.
(2) The remuneration and other terms and
conditions of employment of the secretary and other
officers and employees of the Commission employed under
subsection (1) and of professional persons retained under
that subsection shall be such as may be determined or
varied by the Commission from time to time.
(3) For the purpose of the performance of the
functions conferred on the Commission it may, with the
consent of the appropriate authority, utilise the services of
any public officer or other employee of Government.
(4) Section 28 of the Public Corporations Act
shall mutatis mutandis apply to public officers, persons
(not being public officers) holding appointments in the
public service and teachers referred to therein, who are
seconded, temporarily transferred or transferred to the
Commission as if the Commission were a public corporation.
(5) The Commission may, with the approval
of the President, make such provisions as it deems
appropriate for the payment of pension, gratuity or other
allowances in respect of the service of its officers and other
employees on their retirement from their employment with
the Commission.
(6) In subsection (3) “appropriate authority”, in
relation to any public officer or other employee of the
Government, means the person or authority vested by law
with power to appoint such public officer or employee of the
Government to the position he held in the Government at the
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Declaration of
financial
affairs.
time when his service is sought to be utilised by the
Commission.
PART III
FINANCIAL DISCLOSURE
13. (1) Every person who is a person in public
life, not being a member of the Commission, shall—
(a) each year, on or before 30th June; and
(b) where such person ceases to be a
person in public life, within thirty
days from the date on which the
person ceases to be a person in public
life,
file with the Commission a declaration containing the
particulars referred to in subsection (4) with reference to
the relevant date; and each of the members of the
Commission shall file with the President similar
declarations on or before the dates on which such
declarations are required by other persons in public life.
(2) Without prejudice to the provisions of
subsection (1)—
(a) every person who is a person in
public life on the commencement of
this Act shall, within thirty days from
such commencement, file with the
Commission a declaration containing
the particulars referred to in
subsection (4) with reference to the
date of such commencement;
(b) every person who becomes a person in
public life after the commencement of
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Form 2.
this Act shall, within thirty days from the
date on which he becomes a person in
public life–
(i) if he is not a member of the
Commission; or
(ii) if he is a member of the
Commission, file with the
President, a declaration
containing the particulars
referred to in subsection (4)
with reference to the date on
which he becomes a person in
public life,
and any person required to file a declaration under this
subsection in any year is not required to file another
declaration under subsection (1) in the same year.
(3) A declaration under subsection (1) or (2)
shall give full, true and complete particulars of the assets
and liabilities as on the relevant date, and the income during
a period of twelve months immediately prior to the relevant
date, of the person filing the declaration (whether the
assets were held by that person in his own name or in the
name of any other person) and of the spouse and children of
such person to the extent to which such person has
knowledge of the same:
Provided that as regards assets referred to in
paragraph 2 in Form 2 it shall be sufficient to comply with
the requirements regarding the description and value
thereof as stated in paragraph 2.
(4) A declaration under subsection (1) or shall, as
far as possible, be in Form 2.

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Trust property.
Full disclosure.
Blind trusts.
(5) In this section “relevant date”—
(i) for the purposes of subsection (1),
means the 30th June for the purposes
of subsection (1) (a) or the date on
which a person ceases to be a person
in public life, as the case may be;
(ii) for the purposes of subsection (2),
means the date referred to in
paragraph (a) or (b) thereof.
14. Where a person in public life holds any money or
other property in trust for another person, not being his
spouse or child or another person in public life, he shall so
state in his declaration but shall not be required to disclose
the terms of the trust.
15. (1) A person in public life is required to disclose in
his declaration, under section 13, such details in respect
of the income, assets and liabilities of himself and those of
his spouse and his children, as by the exercise of reasonable
care should be known to him.
(2) For the purposes of a declaration under
section 13, the income, assets and liabilities of a person in
public life, his spouse and his child shall include the income,
assets and liabilities acquired, held or incurred by any other
person as agent or on behalf of all or any of them.
(3) Any direct or indirect benefit accruing to the
income or assets of a declarant or his spouse or child must
be disclosed in a declaration under section 13.
16. (1) A person in public life may place his assets or
part thereof in a blind trust for the purposes of this Act and
file a copy of the trust deed with the Commission.

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(2) Where the assets of a person in public life are
placed in a blind trust, he need not in his declaration
under section 13, give more particulars of those assets than
the amount and description of the assets placed in that trust
and the date of so doing.
(3) Notwithstanding any other law relating to the
duties of trustees, a trust company, managing the assets of a
person in public life by way of a blind trust, shall reply fully to
any inquiries of the Commission relating to the nature and
management of the assets in the blind trust.
(4) A blind trust is created when a person in public
life enters into an agreement with a qualified trust company
whereby—
(a) all or any part of his assets or those of
his spouse or children are conveyed
to the trust company for the
management, administration and
control thereof, in its absolute
discretion without recourse or report
to the person or persons beneficially
entitled to those assets;
(b) income derived from the management
of the assets is to be distributed, in
accordance with the agreement, to
him, his spouse or his children until
he ceases to be a person in public life;
and
(c) after he ceases to be a person in public
life, proper and full accounting is to
be made to him, his spouse or
children as the circumstances of the
management of the trust require.
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(5) A trust company is a qualified trust company
where—
(a) it is incorporated in Guyana and is
carrying on business in Guyana;
(b) no more than five per cent of the
nominal value of the issued shares in
the trust company or its affiliate is
held by the person in public life
entering into an agreement with it, or
by any other person associated with
him; and
(c) the person in public life or his
spouse or any of his children does
not hold any directorship or office in
the trust company or its affiliate.
(6) For the purposes of this section, a company
is the affiliate of another company where it holds more than
five per cent of the nominal value of the issued shares in
that other company or where that other company holds
more than five per cent of the nominal value of the issued
shares in the first mentioned company.
(7) For the purposes of this section, a person is
associated with another where that other person is—
(a) the spouse or child of the person; or
(b) the partner of the person in a
professional, trade, or commercial
undertaking; or
(c) a corporation and the first mentioned
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Receipt and
examination
of
declarations.
Commission
or the
President
may require
further
particulars.
Failure to file
declaration or
furnish
particulars.
Commission
may hold formal
inquiry.
Further
person or any person mentioned in
paragraph (a) controls the
corporation, its holding corporation
or a corporation affiliated with either.
17. The Commission or the President, as the case
maybe, shall—
(a) receive, examine and retain all
declarations and documents filed with it or
him under this Act; and
(b) make such enquiries as it or he considers
necessary in order to verify or determine the
accuracy of the financial affairs, as stated in
the declarations of persons who are
required to file declarations under this Act.
18. The Commission or the President, as the case
may be, may in writing request a declarant to furnish such
further particulars relating to his financial affairs as may be
considered necessary for the purposes of section 17 (b) and
the declarant shall comply with the request within the time
specified therefor by the Commission or the President, as
the case may be.
19. Where a person who is required to do so fails to file
a declaration in accordance with this Act or to furnish
particulars under section 18, the Commission or the President,
as the case may be, shall publish the fact in the Gazette and in
a daily newspaper.
20. The Commission may in writing request a
declarant to furnish such further information or documents
and may conduct an inquiry to verify any declaration or
other statement filed with it.
21. (1) Where in the opinion of the President, further
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information
from members
of Commission
in respect of
their
declarations.
c. 19:03
information or documents are required from a member of
the Commission in respect of his declaration, the
President shall, after consultation with the Minority
Leader, appoint a fit and proper person as a tribunal to
require the declarant to furnish such further information or
documents and to conduct any inquiry, where found
necessary, to verify the declaration, document or other
statement filed with the tribunal.
(2) For the purpose of any inquiry under this
section a tribunal may request in writing, that the declarant
or any other person who the tribunal reasonably believes has
knowledge of the matters to be inquired into—
(a) attend before the tribunal at such
place, on such date and at such time
as may be specified by the tribunal, to
give it such information as it may
require to satisfy itself that it is in
possession of all the material facts; or
(b) furnish such information or
documents as may be specified by
the tribunal, within the time specified
therefor by the tribunal, so as to assist
it in verifying the declaration.
(3) An inquiry under this section shall not be
commenced after five years from the date on which the
person in respect of whose declaration the inquiry is being
conducted ceased to be a person in public life.
(4) In conducting an inquiry under this
section, a tribunal shall have and exercise all the powers of
a commissioner appointed under the Commissions of
Inquiry Act, save that the proceedings shall be held in
private.

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Offences and
penalties.
(5) Where after an inquiry under this section a
tribunal finds that a declarant had in fact made full
disclosure in his declaration, it shall forthwith publish a
statement to that effect in the Gazette and in a daily
newspaper.
(6) Where after an inquiry under this section a
tribunal finds that the declaration which gave rise to the
inquiry was in fact full and proper, the declarant shall be
reimbursed from the Consolidated Fund for all expenses
reasonably incurred by him in connection with the
inquiry within three months of the tribunal’s findings.
22. Any person who—
(a) (i) fails, without reasonable cause, to file
with the Commission or the President, as
the case may be, a declaration which he is
required to file in accordance with the
provisions of this Act; or
(ii) knowingly files with the Commission or the
President a declaration that is not
complete or is false in any material
particular; or
(b) fails, without reasonable cause, to
comply with a request made under section
18 or 21(2) by the Commission, the President
or a tribunal, within the time specified
therefor by the Commission, the President
or the tribunal, as the case may be, or gives
incomplete or false information pursuant to
the request; or
(c) fails, without reasonable cause, to attend an
inquiry being conducted under section 21,
pursuant to a request under section 21 (2), or
to furnish any information the tribunal may
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Prosecutions.
Expenses
incurred in
preparation of
declarations
tax deductible.
c. 81:01
request the declarant to furnish under that
section or knowingly gives any false or
incomplete information in such inquiry,
shall be liable, on summary conviction, to a fine of twenty-five
thousand dollars and to imprisonment for a term of not less
than six months nor more than one year, and where the
offence involves the non-disclosure, by the declarant, of
property, which should have been disclosed in the
declaration, the magistrate convicting the person shall order
the person to make full disclosure of the property within a
given time and on failure to comply with the order of the
magistrate within the given time, the said offence shall be
deemed to be a continuing offence and the person shall be
liable to a further fine of ten thousand dollars for each day
on which the offence continues.
23. No prosecution for an offence under section
22, shall be instituted—
(a) without the written consent of the Director
of Public Prosecutions; or

(b) after five years from the date when the
person in respect of whose declaration the
alleged offence was committed, ceased to be
a person in public life.
24. For the purposes of the Income Tax Act, all
disbursements and expenses reasonably incurred in a year
of assessment by a person in public life in connection with
the preparation of a declaration required to be furnished by
him under this Act shall be deemed to be incurred by him
wholly and exclusively in acquiring his income for
that year of assessment.
PART IV
CODE OF CONDUCT
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Provisions of
this Part in
addition to and
not in
derogation of
certain Acts.
c. 8:01
c. 8:02
Powers of
appropriate
disciplinary
authority
preserved.
Code of
Conduct.
Schedule II.
Complaints
to
Commission.
25. The provisions of this Part shall be in addition
to and not in derogation of the provisions of the Criminal
Law (Offences) Act, the Summary Jurisdiction (Offences) Act
or any other written law.
26. The provisions of this Part shall be without
prejudice to the powers conferred upon the appropriate
disciplinary authority by the Constitution.
27. (1) There is hereby established a Code of
Conduct, being the body of rules contained in Schedule II,
for every person in public life.
(2) Any person in public life who is in breach of
any provision of the Code of Conduct shall be liable, on
summary conviction, to a fine of twenty-five thousand
dollars and to imprisonment for a period of not less than six
months nor more than one year.
28. (1) Any person who has reasonable grounds to
believe that any person in public life is guilty of breach of
any provision of the Code of Conduct may make a complaint
in writing to the Commission stating—
(a) the particulars of the breach;
(b) the particulars, as far as they are
known, of the person against whom
the complaint is made;
(c) the nature of the evidence that
the complainant proposes to produce
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Commission
may reject
complaint.

in respect of the complaint; and
(d) such other particulars as may be
prescribed by regulations by the
Minister.
(2) A complaint to the Commission under this
section may be presented in person, or may be sent by
registered post to the chairman.
(3) A person who makes a complaint which
is frivolous, mischievous or spiteful shall be guilty of an
offence and shall be liable on summary conviction to a fine of
twenty-five thousand dollars and two months imprisonment
and the nature of the complaint for which the person is
convicted shall be published in a daily newspaper at the
expense of such person.
29. Where a complaint has been made to the
Commission under section 28, the Commission after
considering the complaint and, where found necessary,
examining the complainant, may reject the complaint if the
Commission is of the opinion that—
(a) the complaint is frivolous or that it does not
pertain to a matter the Commission is
empowered to deal with under this Act; or
(b) there has been undue delay in making the
complaint after the complainant has come to
know of the commission of the breach
complained of:
Provided that no complaint shall be rejected by the
Commission without giving the person who made the
complaint a reasonable opportunity of being heard.

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Investigation of
breach of Code
of Conduct.

Report to
Director of
Public
Prosecutions.
30. (1) Where upon examination of a complaint
made under section 28, or otherwise, the Commission is of
the view that an investigation is necessary to ascertain
whether any person in public life is guilty of breach of
any provision of the Code of Conduct, it shall inquire into
the matter.
(2) The sittings of the Commission to take
evidence or to hear arguments in the course of any inquiry
under subsection (1) shall be held in public.
(3) The complainant and the person in public
life in respect of whom any inquiry is held under this section
shall be entitled to reasonable notice of the proceedings of the
inquiry and to be represented in the inquiry either
personally or through an attorney-at-law.
31. (1) On the conclusion of any inquiry under
section 30, the Commission shall submit a report to the
Director of Public Prosecutions if the Commission considers
this necessary.
(2) A copy of the report referred to in
subsection (1) shall be submitted to the President.
(3) Where the Director of Public Prosecutions is
satisfied, on the examination of the report referred to in
subsection (1) and the supporting relevant evidence, that any
person in public life ought to be prosecuted for an offence
under section 27 (2), he shall institute and undertake
criminal proceedings against the person in public life.
(4) Where on the conclusion of an inquiry under
section 30 the Commission finds it necessary to submit a
report to the Director of Public Prosecutions, it may
transmit where the circumstances so warrant, a report to
the relevant authority charged with the exercise of
disciplinary control over the person in respect of whom the
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Report to
Commission
of gifts.
complaint was made for whatever action that body may
think necessary.
(5) Where the Commission has forwarded to
the Director of Public Prosecutions a report under subsection
(1), he shall inform the Commission and the President, in
writing, the action taken by him pursuant to the report.
PART V
GIFTS
32. (1) Every person in public life who receives a
gift worth more than ten thousand dollars shall make a
report of that fact to the Commission stating the name
and address of the donor, the description and approximate
value of such gift and whether, in the opinion of the donee,
the gift is a personal gift or a State gift.
(2) The Commission shall determine whether
the gift is a personal gift or a State gift.
(3) The decision of the Commission made in
pursuance of subsection (2) shall be final.
(4) The provisions of this section shall not apply
to any personal gift received by a person in public life from a
relative or friend:
Provided that a person in public life who is unsure
whether a gift received from a relative or friend is a State
gift or a personal gift may apply to the Commission
seeking its opinion as to the proper classification of the gift.
(5) A report under subsection (1) or an
application under the proviso to subsection (4) shall be made
to the Commission by the person in public life within thirty
days of the receipt of the gift.

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Penalty for
contravening
section 32.
(6) Where the Commission finds after inquiry
that the gift was given to the person in public life personally
and,
(i) was trivial; or
(ii) was not trivial, but was not intended to
be a motive or reward for doing or
forbearing to do anything in the
course of the performance of his
official functions or causing any other
person from doing or forbearing to do
anything,

the Commission shall allow the person in public life to retain
the gift and in other cases shall direct the person in public life
in writing to deliver the gift to the Minister assigned
responsibility for finance within such period, not exceeding
thirty days, as may be specified by the Commission and the
person in public life shall comply with the direction within
the time so specified.
(7) The person in public life shall be entitled to
notice of the proceedings of any inquiry under subsection
(6) and shall be entitled to be represented in the inquiry, either
in person or through an attorney-at-law.
33. Any person in public life who—
(a) makes a report to the Commission under
section 32 (1) which is incomplete or false in
any material particular;
(b) fails to comply with the proviso to section 32
(4); or
(c) fails to comply with a direction given
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Assistance by
Commissioner
of Police.
Confidentiality
of
information.
by the Commission under section 32 (6),
shall be liable, on summary conviction, to a fine, which shall
not be less than the value of the gift involved in the
commission of the offence, and to imprisonment for three
months.
PART VI
MISCELLANEOUS
34. Where the Commission requests the Commissioner
of Police for any assistance, in connection with the
performance of its functions, either by the Commissioner of
Police or by any other member of the Police Force, it shall be
the duty of the Commissioner of Police to provide or to ensure
the provision of such assistance to the Commission.
35. (1) Any information received by any member,
or by any officer or other employee of the Commission, in
the course of the performance of the functions of such
person under this Act (including information contained in
any document received by that person by virtue of the
provisions of this Act) shall not be divulged by any such
member, or by any such officer or employee, to any
person, except to the extent necessary to exercise or
discharge his functions as such member or officer or
employee or to comply with the provision of any written law
or the order of any court or for the purpose of prosecution for
an offence.
(2) Any member, or any officer or other employee
of the Commission who contravenes the provisions of
subsection (1) shall, on summary conviction, be liable to a fine
of twenty-five thousand dollars and to imprisonment for two
months.
(3) Any person who receives any information or
anything contained in such documents as aforesaid,
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Amendment of
Schedules.
Annual report
by
Commission.

Power of
Commission
to make rules.
Power of the
Minister to
make
regulations.
knowing or having reasonable ground to believe at the time
when he receives it, that it is communicated to him in
contravention of this section shall, unless he proves that the
communication to him of the information or anything
contained in any document was contrary to his desire, be
guilty of an offence and shall be liable on summary
conviction to a fine of twenty-five thousand dollars and to
imprisonment for two months.
36. The Minister may order, which shall be subject
to negative resolution of the National Assembly, amend any
of the Schedules.
37. (1) The Commission shall, before the expiry of
three months after the expiry of each calendar year, submit
to the President a report containing an account of the activities
of the Commission throughout the preceding calendar year
and the difficulties, if any, experienced by the Commission
in the performance of its functions.
(2) The report, with any explanation in regard to
any matter stated in the report, shall be laid before the
National Assembly within a period of sixty days.
38. Subject to the provisions of this Act and
regulations made thereunder, the Commission may make
rules to regulate its procedure.
39. (1) The Minister may, after consultation with the
Commission, make regulations to carry out the purposes of
this Act.
(2) Without prejudice to the generality of the
foregoing, and in particular, such regulations may provide
for all or any of the following matters—
(a) the procedure of the Commission;

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Constitutional
privileges and
immunities not
affected.
Possession of
unaccounted
property or
pecuniary
resource.
(b) particulars that a complaint under
section 28 should contain;
(c) any other matter that is required to
be, or may be, prescribed by
regulations under this Act.
40. For the removal of doubts it is hereby declared that
this Act shall not be deemed to affect or modify in any way
any privilege or immunity granted to the holder of any office
by the Constitution.
PART VII
CREATION OF A NEW OFFENCE
AMENDMENT OF CERTAIN ENACTMENTS
WIDER APPLICATION OF ACT
41. (1) Where a person who is or was a person in public
life, or any other person on his behalf, is found to be in
possession of property or pecuniary resource disproportionate
to the known sources of income of the first mentioned person,
and that person fails to produce satisfactory evidence to prove
that the possession of the property or pecuniary resource
was acquired by lawful means, he shall be guilty of an offence
and shall be liable, on summary conviction, to a fine and to
imprisonment for a term of not less than six months nor more
than three years.
(2) In imposing a fine under subsection (1) on a
person found guilty of an offence under that subsection, the
court shall have regard to the value of the property or
pecuniary resource in the possession of that person, which
cannot be accounted for by his known sources of income or
other lawful means of acquisition of the property or
pecuniary resource and such fine shall be equivalent to one and
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Wider
application of
Act.
one half times the value of the aforesaid property or pecuniary
resource found to be in the possession of the said person.

42. (1) Notwithstanding anything in this Act, a person
in public life whether or not mentioned in Schedule I shall
include—
public officers;
officers of Regional Democratic Councils;
officers of the Bank of Guyana;
officers of State owned and controlled Banks;
officers of public corporations and other bodies
corporate and agencies (including companies and
bodies established by or under any statute) owned
by the State or in which the controlling interest is
vested in the State or any agency on behalf of the
State;
members of Tender Boards,
and the aforesaid persons, if not mentioned in Schedule I,
shall, subject to subsection (2) not be required to file a
declaration under Part III.
(2) Where a complaint is made under section 28
in respect of any of the aforesaid persons not mentioned in
Schedule I, PART III shall mutatis mutandis apply to such
person and he shall supply to the Commission such
information if required to do so by the Commission or make
such declaration, in respect of such year or years, in such
form within such time as the Commission shall specify
including—
(a) under section 13, a declaration
regarding his assets and liabilities in
accordance with section 15;
(b) under section 14 and 16, declaration
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s. 2
regarding trusts and blind trusts
respectively;
(c) under section 18, such further
information as may be required by the
Commission,
in addition to any information such person is bound to
supply or in addition to any declaration he is bound to make
under the other provisions of this Act.
_____________________
SCHEDULE I
SPECIFIED OFFICES
The President of Guyana;
The Speaker of the National Assembly;
Ministers including Ministers of State;
Secretary to the Cabinet;
Parliamentary Secretaries;
Members of the National Assembly;
Members of the National Congress of Local Democratic
Organs;
Members of the Regional Democratic Councils;
Clerk of the National Assembly;
Attorney-General (if not a Member of the Cabinet);
Head of the Presidential Secretariat;
Director of Protocol, Office of the President;
Chief of Protocol, Ministry of Foreign Affairs;
Permanent Secretaries and Deputy Permanent Secretaries;
Ombudsman;
Director of Public Prosecutions;
Deputy Director of Public Prosecutions;
Solicitor-General;
Deputy Solicitor-General;
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Chief Parliamentary Counsel;
Deputy Chief Parliamentary Counsel;
Auditor General;
Deputy Auditor General;
Secretary to the Treasury;
Deputy Secretary to the Treasury;
Commissioner of Police;
Deputy Commissioner of Police;
Chief of Staff, Guyana Defence Force;
Director General, Guyana National Service;
Commandant, Guyana People’s Militia;
Members, Elections Commission;
Members, Judicial Service Commission;
Members, Public Service Commission;
Members, Police Service Commission ;
Members, Teaching Service Commission;
Members, Public Service Appellate Tribunal;
Police Complaints Authority;
Heads of Diplomatic Missions of Guyana accredited to any
other country or any international organisation;
Governor, Deputy Governor and Heads of Division of the
Bank of Guyana;
Managing Directors and Managers of State owned or
controlled banks;
Heads of all Government Departments;
Commissioner of Lands and Surveys;
Deputy Commissioner of Lands and Surveys;
Commissioner of Geology and Mines;
Deputy Commissioner of Geology and Mines;
Commissioner of Forests;
Deputy Commissioner of Forests;
Commissioner of Inland Revenue;
Deputy Commissioner of Inland Revenue;
Comptroller of Customs and Excise;
Deputy Comptroller of Customs and Excise;
Judges of the Supreme Court
Presidential Advisors
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Magistrates
Commissioner of Title
Registrar of the Supreme Court
Registrar of Deeds
State Solicitor, Official Receiver and Public Trustee
Chief Planning Officer
Chief Executive Officer, Deputy Chief Executive Officer and
Heads of Departments, Public Corporations Secretariat
Chairmen, Managing Directors, Chief Executive Officers,
General Managers and Heads of Departments of all public
corporations, and other bodies corporate and agencies
(including companies and bodies established by or under any
statute) owned by the State or in which the controlling
interest is vested in the State or in any agency on behalf of
the State
Vice-Chancellor, Registrar, and Deans of Faculties of the
University of Guyana
Registrar General
Chief Elections Officer and Commissioner of Registration
Mayors and Deputy Mayors and Town Clerks of the
City of Georgetown, Town of New Amsterdam and other
towns
Members of the Integrity Commission
Regional Executive Officer and Heads of Departments of
Regional Democratic Councils
NOTE: Where not less than twenty percent of the nominal
value of the issued shares of a company is held by the
Government or any agency on behalf of the Government, for
the purposes of this Act it shall be deemed that the company
is controlled by, or the controlling interest in the company is
vested in the Government or any agency on behalf of the
Government.
______________________

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s. 2
SCHEDULE II
CODE OF CONDUCT
No person in public life shall—
(a) in return for anything done, or to be done,
or omitted to be done in the execution of
his duties, ask for or accept for himself or
any person, any money, property, benefit or
favour of any kind over and above that which
he is lawfully entitled to receive for the
performance of his duties;
(b) in the course of the performance of
his official functions discriminate against
any person with respect to terms,
conditions and privileges of employment
or other official matters because of such
person’s race, place of origin, political
opinions, colour, creed or gender;
(c) for himself or for anyone else accept any
gift, benefit or advantage from any one, save
personal gifts from a relative or friend, or
personal gifts given otherwise than as a
motive or reward for doing or forbearing
to do anything in the performance of his
official functions or causing any other
person from doing or forbearing to do
anything:
Provided that this provision shall not apply to gifts
received on behalf of the State by any person in public life
in the course of the performance of his official functions;
(d) allow private interest to conflict with his
public duties or improperly influence his
conduct in the performance of his public
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duties;
(e) allow the pursuit of his private interests to
interfere with the proper discharge of his
public duties:
Provided that any conflict between his private
interests and his public duties shall be resolved in favour of
his public duties;
(f) use his official influence in support of any
scheme or in furtherance of any contract or
proposed contract or other matter in regard
to which he has an interest;
(g) for his personal advantage, benefit or gain,
make use of, or communicate to anyone
except in the performance of his official
duties, the contents of any document,
or any information or mater acquired in
the course of his official duties which are
not available to the public;
(h) use or allow the use of public
property (including money), equipment,
supplies or services for any purpose other
than for officially approved purposes;
(i) during the performance of his official
duties, pursue a course of conduct which
amounts to offensive sexual comments,
gestures or physical contact or other conduct
of that kind;
(j) in the course of the performance of his
official duties pursue a course of conduct by
which he exploits his position or authority
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for his sexual gratification;
(k) in the course of the performance of his
official duties, aid, abet, counsel, procure or
command any other person to commit a
breach of any of the provision of this Code
of Conduct.
______________________
SCHEDULE III
FORMS
FORM 1
SUMMONS TO WITNESS
BEFORE THE INTEGRITY COMMISSION
A.B. Complainant
C.D. (Name of Person in public life alleged to be in breach
of the Code of Conduct)
To E.F., of
Whereas complaint has been made before the Integrity
Commission for that
C.D................................................................................................ ...
(State concisely the substance of the complaint) and it has
been made to appear to that Commission that you are likely to
give material evidence on behalf of the complainant/person in
public life in this behalf:-
This is to require you to be and appear at .................................
o’clock.........................................on............................................day,
the...................................................day of ...........................20....
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at ...............................................before the Commission in the
said place, to testify what you know concerning the matter
of the said complaint.
Dated this........................day of...................................20....
(Signed)..............................................
Chairman of the Integrity Commission.
_________________________
FORM 2
DECLARATION OF INCOME, ASSETS AND LIABILITIES
Name of Declarant.........................................................................
Address ..............................................................................................
Name and address of spouse and children of Declarant .........
..............................................................................................................
1. Income:
Income received or receivable (state name and
address of each source) as salary, fees as director
or consultant, commission, bonus, dividends,
professional fees, rents, cash and any other
receipts or transfers.
2. Assets:
(a) Description, and value in the opinion of the
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declarant, including a copy of the latest
valuation thereof, if any, and the purchase
price or other consideration for its
acquisition (where land and buildings
thereon are owned by declarant, this should
be shown separately from land owned
without buildings).
(b) Cash in Bank:
(Identify each bank separately and state
amount).
(c) Life Insurance Policies:
(Identify each company separately, state
annual premiums, cash surrender value if
any of policy and date of maturity).
(d) Shareholdings in companies and holdings in
partnership and joint ventures:
(List each enterprise separately, the nature of
its business and the number of shares held
and their current value in the opinion of the
declarant).
(e) Directorship and partnerships:
(Identify enterprise, nature of its business
and date of appointment as director or
partner).
(f) Other Assets:
Motor Vehicles
Boat
Government Bonds
Gifts
Trusts
Other.

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3. Liabilities:
(a) Mortgages
(b) Judgment Debts
(c) Other Debts
Dated this day of 20...
.......................................
Declarant
I..........................hereby declare that this declaration gives
full, true and complete particulars of the assets and liabilities
as on the relevant date, that is .................... and the income
during a period of twelve months immediately prior to that
date, of myself, and of my spouse and children to the extent to
which I have knowledge of the same.
....................................
Declarant
____________________