L.R.O. 1/2012
LAWS OF GUYANA
REGIONAL DEVELOPMENT AUTHORITIES ACT
CHAPTER 28:08
Act
14 of 1977
Amended by
80 of 1980
Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 28 ... 1/2012
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Index
of
Subsidiary Legislation
Page
Regional Development (Matthews Ridge /Arakaka
Kaituma) Authority Order
20
(O. 71 and 89/1977)
Matakari Development Authority (Dissolution and Transfer of Assets
and Liabilities) Order
25
(O. 40/1995)
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CHAPTER 28:08
REGIONAL DEVELOPMENT AUTHORITIES
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Establishment and incorporation of development authorities.
4. Conduct of business by an authority.
5. Functions of authorities.
6. Conferment of special powers upon an authority.
7. Constitution of Board of an authority.
8. Meetings and procedure of an authority
9. Functions of Boards of authorities.
10. Policy directions to authorities.
11. Powers of authority to make rules.
12. Employment of staff.
13. Protection of members of a Board.
14. Estimates of an authority.
15. Funds and resources of an authority
16. Borrowing and investment powers of an authority.
17. Financial year and accounts of an authority.
18. Dissolution of an authority.
19. Superannuation benefits of public officers employed with an
authority.
20. Minutes receivable in evidence.
21. Limitation provisions excluded.
22. Power to make regulations.
__________________________
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14 of 1977 An Act to provide for the establishment of regional
development authorities.
[30TH JUNE, 1977]
Short title.
Interpretation.
[O. 80/1980]
Establishment
and incorpora-
tion of
development
authorities.
Conduct of
business by an
authority.
1. This Act may be cited as the Regional Development
Authorities Act.
2. In this Act–
“authority” means a development authority established by an
order made under section 3(1);
“Board” means the board of an authority referred to in
section 3(2);
“Minister” means such Minister as is assigned responsibility
for an authority and, in the absence of such
assignment, the person assigned or charged with
responsibility for regional development;
“the area” means the area of Guyana in respect of which an
authority has been established.
3. (1) The Minister may by order, which shall be
subject to negative resolution of the National Assembly,
establish in respect of any area in Guyana a development
authority with such name as is mentioned in the order.
(2) An authority shall be a body corporate with a
board in which the management and control of the authority
shall vest.
4. (1) An authority shall have its principal place of
business at such place as is provided for by an order made
under section 3 and may establish branches in any place in
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Functions of
authorities.
the area.
(2) The seal of an authority shall be
authenticated by the signature of the Chairman or the
Deputy Chairman and the Secretary of the authority, or in
such other manner as may be authorised by resolution of the
authority, and every document purporting to be an
instrument duly executed under the seal of an authority shall
be received in evidence and deemed, without further proof,
to be so executed unless the contrary is proved.
(3) All documents, other than those required by
law to be under seal, made by, and all decisions of, an
authority may be signified under the hand of the Chairman,
or Deputy Chairman, or the Secretary, of the authority.
(4) On the coming into operation of an order
establishing an authority the provisions of this Act shall
apply to the authority so established:
Provided that the Minister may by an order made under
section 3—
(a) modify or exclude the application of
any provision of this Act in relation to
an authority;
(b) make special provision in relation to
an authority in respect of any
particular matter;
(c) exclude from within the functions of
an authority the functions which the
Minister is satisfied shall be
discharged by any other person.
5. (1) Without prejudice to section 6, an order made
under section 3 shall prescribe the functions of the authority
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and, notwithstanding anything to the contrary in any other
enactment, may, for the purpose of promoting the orderly,
balanced and rapid development of the area and of
progressively enhancing the economic and social welfare of
the community therein, contain such other provisions as will
enable the authority to carry out its functions or as appear
requisite, advantageous or convenient for or in connection
with the exercise of those functions and without prejudice to
the generality of the foregoing, it shall be the function of an
authority within the area to—
(a) stimulate, facilitate and accelerate,
the development of agricultural,
industrial and socio-economic
activities in accordance with the
national socialist objectives by such
means as the authority may consider
requisite, advantageous, or
convenient for that purpose;
(b) develop and maintain infra-
structural services including
electricity and pure water supply and
adequate educational, medical and
social facilities and services;
(c) encourage, organise, administer and
provide the facilities for settlement of
persons;
(d) develop and facilitate the promotion
of adequate housing and associated
services;
(e) secure the provision of a network of
roadways in keeping with the
national plan for improved regional
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Conferment of
special powers
upon an
authority.
[O. 80/1980]
Constitution of
Board of an
authority.
transportation;
(f) stimulate and promote the
development of co- operatives.
(2) The Minister may by an order made under
section 3 make provision relating to the vesting of property
(including property of the State), the transfer of assets and
liabilities, monetary arrangements and the preservation of
rights and liabilities subsisting immediately before the
coming into force of the order and where immovable
property vests in an authority by virtue of that order, the
order shall be treated for all purposes as if it were a transport
or other document effecting the conveyance of immovable
property and the Registrar of Deeds shall make such
annotations on the records as may be necessary.
6. (1) Notwithstanding any provision to the contrary
in any other law, the President may by order provide that the
authority may, in such manner as is specified in the order,
exercise with respect to the area on behalf of any Minister,
public officer, board or committee the functions (other than
any function to make subsidiary legislation or to hear any
appeal) vested by any other law in that Minister, officer,
board or committee.
(2) Anything done by an authority pursuant to an
order made under subsection (1) shall be construed and have
effect as if done by the Minister, public officer, board or
committee, as the case may be.
7. (1) The Board shall, without prejudice to subsection
(2), consist of those persons as are referred to in an order
made under section 3(1) and from among whom there shall
be appointed a Chairman and a Deputy Chairman.
(2) The Secretary of the authority shall, ex officio, be
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Meetings and
procedure of
an authority.
a member of the Board.
(3) The names of the members of the Board when
appointed and any change thereof shall be published in the
Gazette.
8. (1) An authority shall meet at least once in every
month and at such other times as may be necessary or
expedient for the transaction of business, and such meetings
shall be held at such place and time and on such days as the
authority may determine.
(2) In the absence of the Secretary at a meeting, the
Chairman may request any other employee of an authority to
perform the duties of Secretary at that meeting.
(3) One-half of the members of the Board (of
whom one shall be the Chairman or the Deputy Chairman)
present at any meeting shall constitute a quorum for the
transaction of business.
(4) The Permanent Secretary of the Ministry who
has been assigned responsibility to the Minister for regional
development is entitled to receive notices of all meetings of
the Board and to attend thereat without the right to vote and
he is entitled to be furnished by the Secretary with at least one
copy of the records of the proceedings at the meetings
showing the matters discussed and conclusions reached by
the Board.
(5) The Chairman of an authority may at any time
call a special meeting of the authority within seven days of a
requisition for that purpose addressed to him by any three
members of a Board of an authority.
(6) An authority may co-opt any one or more
persons to attend any particular meeting of the authority at
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Functions of
Boards of
authorities.
which it is dealing with a particular matter, for the purpose of
assisting or advising the authority, but no such person shall
be entitled to vote thereat.
9. (1) For the purpose of ensuring the effective
carrying out of the functions of the authority and the
expeditious attainment of the objectives thereof the Board of
an authority shall—
(a) exercise general supervision and
control over all the operations of the
authority and accordingly be
responsible for the efficiency thereof;
(b) ensure that the authority carry out
all activities which appear requisite,
advantageous or convenient for the
discharge and exercise of the
specific functions of the authority;
(c) ensure that the authority, in
discharging the functions imposed
upon it by this Act, does so within the
policies and objectives of the
Government;
(d) advise the Minister generally on any
matter pertaining to regional
development and specifically on any
matter referred to the authority by
him.
(2) Without prejudice to the generality of
subsection (1), a Board may seek the assistance and advice of
any organisation or institution for the purpose of securing the
attainment of the objectives of the authority.
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Policy
directions to
authorities.
Powers of
authority to
make rules.
10. (1) The Minister may give an authority directions
of a general or of a special character as to the policy to be
followed by the authority in the exercise and performance of
its functions and the authority shall give effect to the
directions.
(2) An authority shall afford to the Minister
facilities for obtaining information with respect to the
business of the authority and shall furnish him and the
Ministry with such returns or statements and other
information in such manner and at such times as the Minister
may require.
(3) An authority shall provide such facilities to the
Minister as will enable verification of the information
furnished in pursuance of this section.
11. (1) An authority with the approval of the Minister
may make rules—
(a) governing the proceedings of the
Board and the manner and
transaction of its business;
(b) prescribing the circumstances in
which members of the Board may
receive travelling and subsistence
allowances and fixing the rates of
such allowances;
(c) imposing fees, rent or other charges in
such cases as may be determined by
the Board in respect of services
rendered by, or the use of
property of, the authority;
(d) generally for the exercise of its powers
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c. 2:01
Employment
of staff.
and functions.
(2) Notwithstanding anything contained in section
21 of the Interpretation and General Clauses Act, it shall not
be necessary for any such rules to be published in the Gazette.
12.(1) An authority shall appoint and employ at such
remuneration and on such terms and conditions (including
the payment of pensions, gratuities or other like benefits by
reference to the service of its officers and employees) as it
thinks fit, a secretary and such other officers and servants as it
deems necessary for the purpose of the carrying out of the
functions of the authority:
Provided that—
(a) no salary in excess of such amount as
may be specified in directions issued
by the Minister shall be assigned to
any post without the prior approval
of the Minister;
(b) no appointment shall be made to any
post to which a salary, in excess of
such amount as may be specified in
such directions, is assigned without
the prior approval of the Minister;
and
(c) no provision shall be made for the
payment of any pensions, gratuities
or other like benefits to any secretary,
officers, or employees or to others by
reference to their service without the
prior approval of the Minister.
(2) Subject to subsection (1) the Secretary shall be
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Protection of
members of a
Board.
Estimates of an
authority.
the chief executive officer of the authority and subject to any
general or special directions of the Board shall be responsible
for the administration of the business of the authority,
including the recruitment, appointment and suspension of
the staff in accordance with the general terms and conditions
of service established by the Board and in respect thereof the
Secretary shall be answerable to the Board.
(3) Subject to subsections (1) and (2), a Board may
delegate to any of the officers of the authority any of its
powers in respect of the appointment of the staff of the
authority.
(4) It shall be deemed a term of every contract of
service entered into between an authority and a person
employed by it that such person is liable to be seconded or
transferred by the authority to service in any department,
agency or institution of the State or to any body corporate in
which the controlling interest is vested in the State.
13.(1) Subject to subsection (2) no action, suit,
prosecution or other proceedings shall be brought or
instituted personally against a member of a Board in respect
of any act done bona fide in pursuance or execution or
intended execution of his duties.
(2) Where a member of a Board is exempt from
liability by reason only of subsection (1), the authority is
liable to the extent that they would be if the member was a
servant or agent of the authority so, however, that if in any
case an authority is not liable for any of the above- mentioned
acts, then subsection (1) does not operate to exempt such
member as therein stated.
14. An authority shall, on or before the 31st March in
each year commencing with the year next following that
in which it was established, submit to the Minister in
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Funds and
resources of
an authority.
respect of the ensuing financial year draft estimates of
revenue and expenditure and of net deficiency or surplus of
the authority on the current account and also the estimates of
capital account for the ensuing year.
15.(1) The funds and resources of an authority consist
of—
(a) such sums as may be provided by
or under an appropriation law;
(b) such sums as may be allocated from
time to time to the authority from
loan funds;
(c) all sums from time to time received by
or falling due to the authority in
respect of the repayment of any loan
made by the authority and the
interest payable in respect of any
such loan;
(d) moneys earned or arising from
any property, investments, mortgages
and debentures acquired by or
vested in the authority;
(e) any property, mortgages, debentures,
or investments acquired by or vested
in the authority;
(f) sums borrowed by the authority for
the purpose of meeting any of its
obligations or discharging any of its
functions;
(g) all other sums or property which
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Borrowing and
investment
powers of an
authority.
may in any manner become payable
to or vested in the authority in
respect of any matter incidental to its
powers and duties.
(2) The charges on any amount which may be
allocated to an authority from loan funds shall be met by the
authority except that all or any part of such charges may be
met out of moneys provided by Parliament.
(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 Government by way of loan.
(4) Where there is a net deficiency in the funds of
the authority such deficiency shall be met out of moneys
provided by Parliament.
16.(1) For the purpose of meeting current
requirements, an authority is authorised to borrow in whole
or in part, by means of advances from a Bank not exceeding
such sum as the Minister in consultation with the Minister
responsible for finance, may authorise.
(2) The Minister responsible for finance, after
consultation with the Minister, may in writing in the name of
the Government guarantee on such conditions as he may
think fit, the payment of the principal and of interest on any
authorised borrowings of an authority.
(3) The aggregate amount of the liability of the
Government in respect of guarantees given under subsection
(2) shall not at any time exceed the sum of twenty-five million
dollars or such greater sum as may from time to time be
specified by resolution of the National Assembly.
(4) The reference in subsection (3) to the liability of
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the Government in respect of a guarantee shall be construed
exclusively of any liability in respect of interest on any
principal moneys the payment of which is the subject of the
guarantee.
(5) So long as any guarantee or other undertaking
given in exercise of the powers conferred by subsection (2) is
in force in respect of any borrowing by an authority, the
authority shall not, without the consent of the Minister,
exercise any other power to borrow possessed by it except
any power to borrow by way of overdraft or otherwise in the
ordinary course of business for a period not exceeding twelve
months.
(6) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of any
principal monies or interest guaranteed under the provisions
of this section, the amount shall be charged on the
Consolidated Fund and he shall direct the repayment out of
the Consolidated Fund of the amount in respect of which
there has been such default.
(7) An authority shall make to the Accountant-
General, at such times and in such manner as the Minister
may, after consultation with the Minister responsible for
finance, direct, payments of such amounts as may be so
directed in or towards repayment of any sum issued in
fulfilment of any guarantee given under this section, and
payments of interest on what is outstanding for the time
being in respect of any sums so issued at such rate as the
Minister may direct, and different rates of interest may be
directed as respects different sums and as respects interest
for different periods.
(8) The power to give guarantees conferred by
subsection (2) is in addition to any like power conferred by
any other law.
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Financial
year and
accounts of
an authority.
[18 of 1977]
(9) Monies standing to the credit of an authority
may, from time to time, be invested in securities approved
either generally or specifically by the Minister, after
consultation with the Minister responsible for finance, and
the authority may, from time to time, with like approval, sell
all or any of such securities.
17.(1) The financial year of an authority shall close
at 31st December or such other date as the Minister may
direct.
(2) An authority shall keep accounts of its
transactions on an accrual basis and in the manner as may be
prescribed by the Minister and to his satisfaction and such
accounts shall be examined by the Auditor-General and
annual financial statements in a form approved by the
Minister shall be presented to the Auditor-General for audit
within four months after the close of each financial year.
(3) The members, officers and employees of an
authority shall grant at all reasonable times to the
Auditor-General or his duly authorised representatives
access to all books, records, vouchers, documents, returns,
cash, securities, stores and other property of the authority and
shall give to him on request all such information as may be
within their knowledge in relation to the operation of the
authority.
(4) The Auditor-General shall have power to
summon and examine all persons whom he shall think fit to
examine for the purpose of obtaining information in
connection with the examination and audit of the accounts of
an authority and respecting all other matters and things
whatever necessary for the due performance of the functions
vested in him and if any person summoned as aforesaid is not
a public officer or an officer or other employee of an authority
or of any public corporation or other body corporate in which
the controlling interests vests in the State he is entitled to
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Dissolution of
an authority.
payment for his attendance as if he were a witness attending
a legal proceeding in obedience to a summons issued at the
instance of the State.
(5) Any person summoned under subsection (4)
who without reasonable excuse makes default in obeying the
summons is liable on summary conviction to a fine of one
thousand dollars or, in default of payment, to imprisonment
for six months.
(6) The Auditor-General in the exercise of his
duties under this section shall if he thinks fit, and with the
approval of the Minister, authorise any person publicly
carrying on the profession of accountant to inspect, examine
or audit the books and accounts of the authority and such
person shall report thereon to the Auditor-General in such
manner as the Auditor-General may direct and the Auditor-
General shall transmit the report promptly to the Minister
with such comments as he may consider necessary.
(7) The authority may write off bad debts with the
approval of the Minister.
18.(1) The Minister may, by order which shall be
subject to affirmative resolution of the National Assembly,
dissolve an authority.
(2) An order dissolving an authority may,
notwithstanding any enactment (including any subsidiary
legislation made thereunder) or any rule of law, include any
provisions relating to the vesting of property, the transfer of
assets and liabilities, monetary arrangements, the
preservation of rights and liabilities existing immediately
prior to the dissolution as well as such other provisions as the
Minister considers necessary or expedient to give full effect to
the dissolution.
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Superannua-
tion benefits of
public officers
employed with
an authority.
c. 27:02
c..27:07
19.(1) Where, with the approval of the appropriate
authority, an officer—
(a) is seconded or temporarily
transferred from a pensionable office
within the meaning of the Pensions
Act to an office with an authority,
section 5 of that Act shall apply to
him as if his service in the office with
an authority, as the case may be, were
service in a public office;
(b) is transferred from a pensionable
office within the meaning of the
Pensions Act to a substantive
appointment in an office with an
authority, his service with an
authority, as the case may be, shall be
other public service within the
meaning of, and for the purposes of,
such provisions in relation
thereto as are contained in the
Pensions Act.
(2) In this section, “appropriate authority” means
the person or authority vested by law with power to appoint
the officer to the pensionable office held by him (and to which
the Pensions Act applies).
(3) Where an employee of an authority is seconded
or transferred from service in an office in respect of which a
pension is payable to service in a like office of another
authority, in computing the period of pensionable service in
the last mentioned office there shall be reckoned the period of
service in that office from which the employee was seconded
or transferred.
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Minutes
receivable in
evidence.
Limitation
provisions
excluded.
Power to make
regulations.
(4) The pension payable in respect of the
aggregated service mentioned in subsection (3) shall be
discharged by each authority in such an amount as shall bear
the same proportion to the amount of pension for which the
employee would have been eligible had his service been
wholly with the authority as the aggregate amounts of his
pensionable emoluments during his service with that
authority shall bear to the total amount made up of such
aggregate amount together with the aggregate amount of his
pensionable emoluments from any other authority.
20. Any minutes made of meetings of an authority
shall if duly signed by the Chairman or the Deputy Chairman
or other member elected to preside at a meeting of an
authority, without further proof of any other matter or thing,
be receivable in all legal proceedings as prima facie evidence of
the proceedings of an authority of which minutes have been
made and that every meeting of an authority in respect of the
proceeding of which minutes have been so made to have been
duly convened and held.
21. No written law prescribing a period of limitation
within which a sum of money may be recovered or within
which title or possession to land may be established shall
apply to a claim by an authority for a sum of money or to title
or possession of land, as the case may be.
22. Subject to this Act, the Minister may make
regulations for carrying into effect the purposes of this Act,
and in particular, but without prejudice to the generality of
the foregoing, regulations may be made in relation to the
regulation and management of the affairs of an authority.
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SUBSIDIARY LEGISLATION
_________________
O. 71/1977
REGIONAL DEVELOPMENT (MATTHEWS
RIDGE/ARAKAKA/KAITUMA)
AUTHORITY ORDER
made under section 3
1. This Order may be cited as the Regional Development
(Matthews Ridge/Arakaka/Kaituma) Authority Order.
2. In this Order –
“appointed day” means the date of the coming into operation
of this order;
“undertaking” means the undertaking known as the
Matthews Ridge/ Arakaka/Kaituma Complex carried
on by the State in the area immediately before the
appointed day;
“the Minister of State” means the Minister of State, Regional,
for the North West Ministerial Region;
“the area” means the area of Guyana known as the Matthews
Ridge/ Arakaka/Kaituma area and described in the
Schedule.
3. (1) There is hereby established for the area an
authority to be known as the Matarkai Development
Authority (hereinafter referred to as the “the Authority”).
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(2) The Authority shall have its principal place of
business at Matthews Ridge or at such place in the area as the
Authority may determine, notice whereof shall be published
in the Gazette.
4. The Board of the Authority shall, in addition to
the Secretary of the Authority, consist of –
(a) the Minister of State, who shall be the
Chairman;
(b) the Regional Development Officer for
the North West Ministerial Region,
who shall be the Deputy Chairman;
(c) two persons elected by the employees
of the Authority (other than those
who hold executive status) from
among themselves in such manner as
may be determined by the Minister
assigned responsibility for labour;
(d) two persons, other than employees of
the Authority, appointed by the
Minister from among persons resident
in the area after consultations with
such residents;
(e) not more than three other persons
appointed by the Minister from
among persons appearing to him to
be qualified as having had experience
of and show capacity in such matters
which he considers will be beneficial
to the functioning of the Authority
and, without prejudice to the
Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order
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generality of the foregoing, in
particular, in matters relating to
administration, agriculture, co-
operativism, industry, trade or
industrial relations.
5. (1) The State Lands in the area and the assets of
the undertaking (including rights and interests) together with
any monies appropriated for the Matarkai Development
Authority by the National Assembly in the Estimates for the
year 1977 are hereby transferred to and shall, without further
assurance, vest in the Authority.
(2) Nothing in paragraph (1) shall be deemed to
confer upon the Authority any title (including any rights of
management or control, other than those as may be
hereinafter conferred by this Order to –
(i) rivers and all lands sixty-six feet
landwards from the mean-low water
mark;
(ii) minerals or mining rights in or over
any land; and
(iii) land, buildings and facilities which are
in use immediately prior to the
coming into operation of this Order
for the landing or take off of aircraft
and such land which may hereafter be
duly designated by the competent
authority as land for the purpose.
(3) Liabilities incurred by the Government
exclusively for the purposes of the undertaking, or incurred
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[Subsidiary]
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therefor under agreements duly contracted in the course of
the undertaking, prior to the appointed day, shall in so far as
may be discharged or be enforceable, be discharged by and be
enforceable against, the Authority as if the liabilities had been
incurred by it.
(4) Nothing in paragraphs (1) and (3) applies to
rights and liabilities under any contract of service.
(5) All deeds, bonds, instruments or other
documents which were subsisting immediately before the
appointed day and affected the undertaking shall, in so far as
they relate to the undertaking, be of force and affect against or
in favour of the Authority and be enforceable as fully and
effectually as if, instead of the undertaking, the Authority had
been named therein or had been a party thereto.
(6) All proceedings commenced prior to the
appointed day £or the enforcement of any rights or liabilities
which are transferred or' attached to the Authority by virtue
of this Order may be continued by or against it, and any such
proceedings may be amended accordingly.
6. (1) The Authority may as from the appointed day
continue to employ any persons exclusively employed with
the undertaking, immediately before the appointed day, on
such terms and conditions, as may be agreed on between the
Authority and that person.
Provided that nothing in the foregoing provisions of
this clause shall be construed as prohibiting' the Authority
from deploying or transferring any such person to function in
any post or capacity in the Authority other than that in which
he functioned immediately prior to the appointed day in the
undertaking should the Authority consider such deployment
or transfer is necessary for the efficient discharge of its
Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order
LAWS OF GUYANA
24 Cap. 28:08 Regional Development Authorities
[Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order
L.R.O. 1/2012
functions.
(2) The Authority shall be the successor of the
employer as last mentioned of any person whose service is
continued under subsection (1) in the matter of his leave or
superannuation rights or benefits (whether earned, accrued,
inchoate or contingent).
7. The functions of the Authority shall not be
deemed to have conferred upon the Authority responsibility;
for the control and management of any enterprise or the
carrying out of the functions of anybody corporate, institution
or organisation as provided for by any other law and, without
prejudice to the generality of the foregoing, in particular with
respect to –
(a) livestock farms managed by the
Guyana Livestock Development
Company Limited;
(b) agricultural projects which are the
responsibility of the Guyana
Agricultural Products Corporation;
(c) that organisation established,
maintained and known as the Guyana
National Service.
SCHEDULE
BOUNDARIES OF MATARKAI AREA
The tract, commences at Port Kaituma situate on the right
LAWS OF GUYANA
Regional Development Authority Cap. 28:08 25
[Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order.
L.R.O. 1/2012
O. 40/1995
Citation.
bank of the Kaituma River, left bank Barima River in the
North West District of Guyana and its boundaries extend
down the Kaituma River, to the mouth of the Anabisi River,
thence along the left bank of the Anabisi River to the mouth
of White Creek, thence along the left bank of White Creek to
its source, thence to the source of the Anabisi River (Tributary
of the Barima River) thence to the source of the Kwiaribaru
Creek, thence along the Kwiaribaru Creek to the Barima
River, thence along the Barima River, to the Tenapu Creek
thence along the Tenapu Creek to its source thence along the
Barima — Barima watershed to the source of the Haiari Creek
thence along the Haiari Creek to the Barama River thence
along the Barama River to the mouth of Massowah Creek to
its junction with the Guyana-Venezuela border, thence along
the Guyana-Venezuela border to the source of the Kaliaku
Creek thence in a north-easterly direction to the source of the
Whana River thence along the Whana River to its mouth on
the right bank of the Barima River, thence down the Barima
River to the mouth of Waiamaka Creek along the Waiamaka
Creek to its source thence across Barima — Kaituma
Watershed to the 1st Falls on the Kaituma River, thence along
the Kaituma River back to Port Kaituma, the point of
commencement.
__________________
MATARKAI DEVELOPMENT AUTHORITY
(DISSOLUTION AND TRANSFER OF
ASSETS AND LIABILITIES) ORDER
made under section 18
1. This Order may be cited as the Matarkai
Development Authority (Dissolution and Transfer of Assets
LAWS OF GUYANA
26 Cap. 28:08 Regional Development Authorities
[Subsidiary]
L.R.O. 1/2012
Interpretation.
O. 89/1977
Dissolution of
Authority.
Transfer of
assets and
liabilities of the
Authority.
and Liabilities) Order.
2. In this Order –
“appointed day” means the day on which this Order comes
into operation.
“area” means that area of Guyana known as the Matthews
Ridge/Arakaka/Kaituma area described in the
Schedule.
“Authority” means the Matarkai Development Authority
established by clause 3 of the Regional Development
(Matthews Ridge /Arakaka /Kaiutma) Authority
Order.
3. The Authority is hereby dissolved.
4. (1) The State Lands in the area and the assets of the
Authority (including rights and interests) are hereby
transferred to and shall, without further assurance, vest in
the State.
(2) Liabilities incurred by the Authority prior to
the appointed day, shall in so far as they may be discharged
or be enforceable, be discharged by and be enforceable
against the State as if the liabilities had been incurred by the
State.
(3) Nothing in paragraphs (1) and (2) applies to
rights and liabilities under any contacts of service.
(4) All deeds, bonds, instruments or other
documents which were subsisting immediately before the
appointed day and effected the Authority shall, in so far as
(Dissolution and Transfer of Assets and Liabilities) Order
Matarkai Development Authority
LAWS OF GUYANA
Regional Development Authority Cap. 28:08 27
[Subsidiary] Matarkai Development Authority
(Dissolution and Transfer of Assets and Liabilities) Order
L.R.O. 1/2012
Employment of
persons
employed with
the Authority.
they related to the Authority, be of full force and effect
against or in favour of the State and be enforceable as fully
and effectually as if, instead of the Authority, the State has
been named therein or had been a party thereto.
(5) All proceedings commenced prior to the
appointed day for the enforcement of any rights or liabilities
which are transferred or attached to the State by virtue of this
Order may be continued by or against the State, and any such
proceedings may be amended accordingly.
5. (1) The State may from the appointed day
continue to employ any person exclusively employed with
the Authority, immediately before the appointed day, on such
terms and conditions as may be agreed on between the State
and that person:
Provided that nothing in the foregoing shall be
construed as prohibiting the State from deploying or
transferring any such person to function in any post or
capacity in the State other than that in which he functioned
immediately prior to the appointed day in the Authority
should the State consider such deployment or transfer is
necessary for the efficient discharge of its function.
(2) The State shall be the successor of the
employer as last mentioned of any person whose service is
continued under paragraph (1) in the matter of his leave or
superannuation rights or benefits (whether earned, accured,
inchoate or contingent).
SCHEDULE
BOUNDARIES OF MATARKAI AREA
The tract, commences at Port Kaituma situate on the right
bank of the Kaituma River, left bank Barima River in the
LAWS OF GUYANA
28 Cap. 28:08 Regional Development Authority
[Subsidiary] Matarkai Development Authority
(Dissolution and Transfer of Assets and Liabilities) Order
L.R.O. 1/2012
North West District of Guyana and its boundaries extend
down the Kaituma River, to the mouth of the Anabisi River,
thence along the left bank of the Anabisi River to the mouth
of White Creek, thence along the left bank of White Creek to
its source, thence to the source of the Anabisi River (Tributary
of the Barima River) thence to the source of the Kwiaribaru
Creek, thence along the Kwiaribaru Creek to the Barima
River, thence along the Barima River, to the Tenapu Creek
thence along the Tenapu Creek to its source thence along the
Barima — Barima watershed to the source of the Haiari Creek
thence along the Haiari Creek to the Barama River thence
along the Barama River to the mouth of Massowah Creek to
its junction with the Guyana-Venezuela border, thence along
the Guyana-Venezuela border to the source of the Kaliaku
Creek thence in a north-easterly direction to the source of the
Whana River thence along the Whana River to its mouth on
the right bank of the Barima River, thence down the Barima
River to the mouth of Waiamaka Creek along the Waiamaka
Creek to its source thence across Barima — Kaituma
Watershed to the 1st Falls on the Kaituma River, thence along
the Kaituma River back to Port Kaituma, the point of
commencement.
________________