L.R.O. 1/2012
L.
LAWS OF GUYANA
AMERINDIAN ACT
CHAPTER 29:01
Act
6 of 2006


Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 80 ... 1/2012





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Index
of
Subsidiary Legislation
Page
Amerindian Village of Kanashen (Protection, Management,
Operation and Research in the Conservation Area) Rules.
(Rule 1/2007)
67







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CHAPTER 29:01
AMERINDIAN ACT
ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
2. Interpretation.
3. Application of Act
4. Prosecutions.
PART II
ENTRY AND ACCESS
5. Entry and access; scientific and other research.
6. Report; use of scientific and other research.
7. Conditional permission.
8. Official business.
9. Lawful travellers.
PART III
GOVERNANCE
10. Village Councils.
11. Composition of Village Councils.
12. Office Bearers.
13. Functions of Village Councils.
14. Powers of Village Council to make rules.
15. Rules.
16. Power of Village Council to investigate breaches of rules and impose
fines.
17. Offences.
18. Taxes.
1. Short Title
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SECTION
19. Register.
20. Functions and powers of the Toshao.
21. Justice of the peace.
22. Duties.
23. Death or incapacity of a Toshao.
24. Payments.
25. Conflict of interest.
26. Resignation.
27. Petitions for removal.
28. Investigation.
29. Removal of members of the Village Council.
30. Return of documents etc.
31. Village accounts.
32. Village plan.
33. Audits.
34. Village general meeting.
35. District Council.
36. Functions of District Council.
37. Special provisions for Karasabai.
PART IV
NATIONAL TOSHAOS COUNCIL
38. Establishment of National Toshaos Council.
39. Executive committee.
40. Secretariat.
41. Functions of National Toshaos Council.
42. Meetings.
43. Procedure.
PART V
VILLAGE LANDS
44. Inalienability of Village lands.
45. Allocation of land to residents.
46. Leases.
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SECTION
47. Consents required.
48. Mining.
49. Terms of agreement.
50. Refusal of Village consent for large scale mining.
51. Fees, tribute and royalties.
52. Traditional mining privileges.
53. Obligations of the Guyana Geology and Mines Commission.
54. Use of forest produce by residents.
55. Use of forest produce by non-residents.
56. Obligations of Guyana Forestry Commission.
57. Rights over State lands and State forests.
58. Protected areas.
PART VI
GRANTS OF COMMUNAL LAND TO AMERINDIAN VILLAGES AND
AMERINDIAN COMMUNITIES
59. Extensions of Land.
60. Grants of Land.
61. Acknowledgment and investigation.
62. Decision.
63. Approval.
64. Appeal.
PART VII
ELECTIONS
65. Toshaos and Councillors elected by secret ballot.
66. Returning officer.
67. Election clerks.
68. Election notice.
69. Electoral list.
70. Nominations.
71. Eligibility.
72. Conduct of the election.
73. Swearing in.
74. Effect of a tie.
75. Complaints.
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SECTION
76. Investigation Committee.
77. Complaint upheld.
PART VIII
OFFENCES
78. Protection of Amerindian artifacts and monuments.
79. Multiple voting.
80. Additional penalties.
PART IX
MINISTER'S FUNCTIONS AND POWERS
81. Minister to approve rule made by Village Council.
82. Regulations.
83. Savings.
PART X
COMMUNITY COUNCIL
84. Community Council.
85. Functions of a Community Council.
86. Authority of Community Council.
87. Elections for Community Council.
88. The Toshao of a Community Council ex officio member of a National
Toshao Council.
FIRST SCHEDULE.
__________________________

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PART I
PRELIMINARY
Short title.

Interpretation.
1. This Act may be cited as the Amerindian Act.
2. In this Act –
“Amerindian” means any citizen of Guyana who –
(a) belongs to any of the native or
aboriginal peoples of Guyana; or
(b) is a descendant of any person
mentioned in paragraph (a);
“Amerindian monument” means any structure of an
archaeological nature, or any inscription, painting
or other creation by an Amerindian, which is
designated as an Amerindian monument by the Minister
by order on the advice of the National Toshaos Council;
“Community or Amerindian Community” means a group
of Amerindians organised as a traditional community
with a common culture and occupying or using the State
lands which they have traditionally occupied or used;
Communities.
governance within Amerindian Villages and
Villages and Communities and the promotion of good
Communities, the granting of land to Amerindian
collective rights of Amerindian Villages and
An Act to provide for the recognition and protection of the
6 of 2006
AMERINDIAN ACT
CHAPTER 29:01
TH[14 MARCH 2006]
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c. 65:01

c. 65:01
“Councillor” means a member of a Village Council other than
the Toshao;
“District” means an area under the authority of a District
Council;
“District Council” means a District council established by
order under section 35;
“large scale mining” has the same meaning as assigned to it
under the Mining Act;
“miner” means any person carrying out or intending to carry
out mining activities;
“mineral” has the same meaning as in section 2 of the Mining
Act;
“mining activities” includes exploration, prospecting, drilling,
mining, extracting and appropriating any mineral;
“Minister” means the Minister responsible for Amerindian
Affairs;
“resident” means an individual –
(a) who is an Amerindian who was born
in, lives in or has his principal place
of residence within the Village
provided that no Amerindian ceases
to be a resident simply because he is
temporarily away from the Village
for employment, education or medical
treatment; or

(b) who lives within the Village and is
recognised as a resident by the
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Application of
Act.
membership rules of that Village;
“traditional mining privilege” means any privilege to carry
out artesian mining which an Amerindian possesses by
virtue of being a member of an Amerindian Village or
Amerindian Community;
“traditional right” means any subsistence right or privilege, in
existence at the date of the commencement of this Act,
which is owned legally or by custom by an Amerindian
Village or Amerindian Community and which is
exercised sustainably in accordance with the spiritual
relationship which the Amerindian Village or
Amerindian Community has with the land, but it does
not include a traditional mining privilege;
“Village or Amerindian Village” means a group of
Amerindians occupying or using Village lands;
“Village lands” means lands owned communally by a Village
under title granted to a Village Council to hold for the
benefit of the Village;
“Village Council” means a Village Council established under
the authority of the Amerindian Act, the Annai District
Council, Kanashen Village Council, Baramita Village
Council and any Village Council established by order of
the Minister under this Act;
“voter” means a person listed in the electoral list compiled
under section 69(1) by the Village Council of the Village
in which he exercises his right to vote.
3. (1) This Act applies to all Amerindian Villages and
Amerindian Communities.
(2) An Amerindian Village or an Amerindian
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Prosecutions.

Entry and
access;
scientific and
other research.

First Schedule.
Community may include in its name or in any description of
itself the name of the native or aboriginal peoples to which it
belongs, the name of the village or its location, any traditional
name, or any term which is of cultural or social significance.
4. Prosecutions in respect of offences under this Act
shall be brought in a court of summary jurisdiction by a
Toshao or by a Councillor or anyone authorised by the village
Council.
PART II
ENTRY AND ACCESS
5. (1) A person, other than a person referred to in
section 8, who wishes to enter Village lands shall apply for
and obtain the permission of the Village Council.
(2) A person who contravenes subsection (1) is
guilty of an offence and liable to the penalties prescribed in
paragraph (a) of the First Schedule.
(3) A person, other than a person referred to in
section 8, who wishes to conduct any scientific,
anthropological or archaeological research or any other
research or study which relates to biological diversity, the
environment or natural resources or to any use or knowledge
thereof within Village lands shall apply for and obtain in
advance –
(a) the permission of the Village Council;
(b) all permits required under any other
written law; and
(c) the permission of the Minister.
(4) A person who contravenes subsection (3) is
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First Schedule.
Report; use of
scientific and
other research.

c. 20:05
First Schedule.
First Schedule.
guilty of an offence and is liable to the penalties prescribed in
paragraph (b) of the First Schedule.
6. (1) A person who carries out any research or study
under section 5(3) shall provide the Village Council and the
Minister with –
(a) a full written report of his findings;
(b) a copy of all recordings made; and
(c) a copy of any publication containing
material derived from such research.
(2) A person who wishes to make use of any
material derived from research or study under this section
shall –
(a) apply for and obtain the permission of
the Village Council, the Minister, the
Minister with responsibility for
culture, and the Environmental
Protection Agency established under
the Environmental Protection Act;
(b) in good faith negotiate and enter into
a benefit sharing agreement with the
Village Council.
(3) A person who contravenes subsection 2(a) is
guilty of an offence and is liable to the penalties prescribed in
paragraph (a) of the First Schedule.
(4) A person who contravenes subsection (2) (b) is
guilty of an offence and is liable to the penalties prescribed in
paragraph (b) of the First Schedule.

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Conditional
Permission.

First Schedule.

First Schedule.

Official
business.
7. (1) In granting permission to enter Village lands, or
to carry out any research or study, a Village Council may
attach reasonable conditions to its permission including
restrictions on access to sacred sites, private homes and other
areas of Village lands.
(2) If a person breaches any condition of
permission granted to him the Village Council may revoke his
permission after giving him a reasonable opportunity to be
heard.
(3) A person who remains within Village lands
after his permission has been revoked is guilty of an offence
and is liable to the penalties prescribed in paragraph (a) of the
First Schedule.
(4) A person who continues to carry out research in
Village lands after his permission has been revoked is guilty
of an offence and is liable to the penalties prescribed in
paragraph (b) of the First Schedule.
(5) A person who obtains permission from a
Village Council under section 5 shall comply with the rules
made by the Village Council under section 14.
8. (1) A person who enters Village lands to conduct
official business for the Government or who is acting under
the authority of any written law or is otherwise lawfully
authorised –
(a) is deemed to have permission from
the Village Council;
(b) shall obtain any permission or
consent required by any other written
law;
(c) shall inform the Village Council of the
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Lawful
travellers.

Village
Councils.
Composition of
Village
Councils.
nature of his business and his
expected length of stay; and
(d) shall comply with the rules made by
the Village Council under section 14.
(2) Official business includes the inspection,
maintenance and repair of airstrips, schools, health centres
and other public buildings operated by the State.
9. (1) A person lawfully travelling through Village
lands shall comply with the rules made by the Village Council
under section 14.
(2) A Village Council and any residents of a Village
shall not obstruct the lawful passage of any person through
Village lands.
PART III
GOVERNANCE
10. (1) A Village Council is established to administer a
Village.
(2) A Village Council is a body corporate.
(3) In discharging its functions the Village Council
shall act collectively.
11. (1) A Village Council comprises a Toshao and
Councillors.
(2) The number of Councillors, in addition to
the Toshao, shall be calculated as follows –
(a) Villages of not more than six hundred
residents shall have a minimum of
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Office bearers.

Functions of
Village
Councils.
six and a maximum of twelve
Councillors;
(b) Villages of more than six hundred
residents but not more than two
thousand residents shall have a
minimum of eight and a maximum of
sixteen Councillors;
(c) Villages of more than two thousand
residents shall have a minimum of ten
and a maximum of twenty-two
Councillors.
12. (1) A Village Council shall appoint from among its
members a deputy Toshao, a secretary and a treasurer.
(2) A Village Council may appoint from among its
members other office bearers as may be appropriate for the
size and interests of the Village.
(3) Notwithstanding the provisions of subsection
(1) a Village which traditionally elects its deputy Toshao may
continue to do so without further notice and the provisions of
Part VII shall apply to the election of the deputy as they apply
to the election of the Toshao.
13.(1) The functions of a Village Council are to –

(a) represent the Village;
(b) provide advice and strategic direction
to the Village;
(c) provide for the planning and
development of the Village;

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(d) hold for the benefit and use of the
Village all rights, titles and interests in
or over Village lands;
(e) manage and regulate the use and
occupation of Village lands;
(f) promote the sustainable use,
protection and conservation or Village
lands and the resources on those
lands;
(g) encourage the preservation and
growth of Amerindian culture;
(h) ensure that places and artefacts
located within Village lands and
which hold sacred or cultural values
to the Village are protected and cared
for;
(i) protect and preserve the Village's
intellectual property and traditional
knowledge;
(j) nominate Councillors or other
members of the Village to accompany
the Toshao to attend meetings on
behalf of the Village;
(k) ensure that proper accounts and
financial records are properly kept
and provide to the Minister and
auditor a copy of the accounts;
(l) levy taxes on residents.

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Powers of
Village Council
to make rules.
(2) A Village Council may assign tasks but may not
delegate its functions to any other person.
(3) In carrying out its functions a Village Council
shall at all times –
(a) act in the best interests of the Village;
and
(b) provide for the good governance of
the Village.
14.(1) Subject to the other provisions of this Act, a
Village Council may, in the exercise of its functions, make
rules governing –
(a) qualification as a resident;
(b) the occupation and use of Village
lands;
(c) access to sites of sacred or cultural
significance;
(d) the management, use, preservation,
protection and conservation of
Village lands and resources or any
part thereof;
(e) the protection and sustainable
management of wildlife including
restrictions on hunting, fishing,
trapping, poisoning, setting fires
and other interference with wildlife;
(f) the development and regulation of
agriculture;

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(g) the control, maintenance, protection
and use of water supplies including
the construction and regulation of
wells which are owned by the Village
or for which the Village is responsible;
(h) the construction and maintenance of
roads, bridges, ditches, fences and
other local works;
(i) the construction and maintenance of
sewerage systems and other sanitary
facilities;
(j) the regulation of the conduct of non-
residents when within Village lands;
(k) maintaining discipline, good order,
the prevention of disorderly conduct
and nuisance;
(l) the granting of permission for
business or trade on Village lands;
(m) access to research into and recording
and publication of intellectual
property and traditional knowledge
which belongs to the Village;
(n) the certification of products made by
residents using traditional methods;
(o) the voting procedure in a Village
general meeting;
(p) planning and development of the
Village;

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Rules.

Powers of
Village Council
to investigate
breaches of
rules and
impose fines.
(q) any other matter which falls within
the functions of the Village Council.
(2) A Village Council may impose a fine of not
more than nineteen thousand dollars for the breach of any
rule made under subsection (1).
(3) A rule made by a Village Council shall not be
inconsistent with any other law and shall be void to the extent
of such inconsistency.
(4) The Minister may by order, subject to negative
resolution of the National Assembly, increase the maximum
penalty imposed under subsection (2).
15. A rule, and any amendment to a rule, made by a
Village Council comes into effect when –
(a) the Village Council has consulted the
Village in general meeting and two-
thirds of the members of the Village
general meeting have given their
approval; and
(b) the rule has been approved by the
Minister and published in the Gazette.
16. (1) If it is alleged that any person has breached a
rule made by a Village Council that person may be required
to appear before the Village Council.
(2) The Village Council shall inform the person of
the allegation, investigate the matter and give the person a
reasonable opportunity to be heard.
(3) If the Village Council is satisfied that the person
has breached the rule, the Village Council may require him to
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Offences.
First Schedule.

Taxes.
Register.
pay a fine as specified in accordance with section 14 (2).
(4) A resident may elect to serve a period of
community service not exceeding three consecutive hours of
work per day for fourteen days in lieu of paying the
prescribed fine.
17. A person, who refuses to appear before a Village
Council when required to do so under section l6(1) or who,
although possessed of sufficient means so to do, fails to pay
a fine imposed by the Village Council or to serve the
substituted period of community service imposed by a
Village Council under section 16(4) commits an offence and is
liable on summary conviction (before a magistrate) to the
penalties prescribed in paragraph (b) of the First Schedule.
18. (1) The Village Council may after consultation
with the Village levy taxes on residents.
(2) The Village Council may permit a resident to
pay his tax by providing goods or services to the value of the
tax due provided that any such permission is recorded in
writing and a proper account is kept showing the value of the
goods and services provided.
(3) A tax shall be submitted to the Minister for
approval.
(4) The Minister may allow or disallow a tax, the
means of assessment or collection of a tax or make any other
alteration or variation as he thinks appropriate for the benefit
of the Community but he may not increase a tax.
19. The Village Council shall –
(a) keep a Register recording –

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Functions and
powers of the
Toshao.
(i) the name of each resident;
(ii) the date of birth of each
resident; and
(iii) the date of death of each
resident;
(b) provide the Minister with a summary
of the previous year's Register no
later than the 31st January of each year;
(c) make the Register available to the
Village each year during the month of
December , and at any other time that
the Village Council may decide, for
the Village to inspect and notify the
Village Council of any inaccuracies;
and
(d) keep the Register in a safe place
and ensure that it is maintained and
kept up to date.
20.(1) A Toshao –
(a) is a member and the Chairman of a
Village Council;
(b) is a member of the National Toshaos
Council;
(b) is responsible for ensuring good
governance including accountability
and transparency within the Village
Council; and
(c) is responsible for keeping peace and
order in the Village.
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Justice of the
Peace.

Duties.
(2) A Toshao has the powers and immunities of a
rural constable.
21. (1) A Toshao is ex officio a justice of the peace for
the Village and he shall take the oath required to be taken
by a justice of the peace before he performs the functions of
a justice of the peace.
(2) As a justice of the peace a Toshao shall at all
times act ministerially for the preservation of the peace, the
prevention of crime and the detection of offenders, but he
shall not act judicially as a justice either in any court or in any
manner.
22. A Toshao shall –
(a) represent the interests of the Village
at all times;
(b) carry out his duties with honesty and
integrity;
(c) chair all meetings of the Village
Council and ensure that all matters
concerning the Village are adequately
addressed;
(d) participate on behalf of the Village in
the National Toshaos Council;
(e) on behalf of the Village Council, and
subject to the rules of the meeting,
attend and participate at meetings;
(f) provide the Village general meeting
with a report of every meeting which
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Death or
incapacity of a
Toshao.

he attends on their behalf;
(g) provide the Minister with a copy of the
residency rules made under section 14;
(h) provide the Minister with a copy of the
annual accounts prepared by the Village
Council; and
(i) report to the Minister on matters which
affect the Village.
23. (1) If a Toshao is temporarily absent, incapacitated
or otherwise unable to carry out his functions the deputy
Toshao shall act as Toshao.
(2) If a Toshao is incapacitated or otherwise
unable to carry out his functions for more than four months
the Village Council shall call a Village general meeting to
decide whether the deputy Toshao should be sworn in as
Toshao or whether elections for a new Toshao should be held
and the Village Council shall notify the Minister of the
decision of the Village general meeting within one month of
the date of the meeting.
(3) If a Toshao dies the Village Council shall call a
Village general meeting to decide whether the deputy Toshao
should be sworn in as Toshao or whether elections for a new
Toshao should be held and the Village Council shall notify
the Minister of the decision of the Village general meeting
within one month of the date of the meeting.
(4) A deputy Toshao who is acting as Toshao does
not have the powers or immunities of a rural constable until
he has been sworn in as Toshao and he shall not exercise the
functions of justice of the peace until he has taken the oath
referred to in section 21.
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Payments.

Conflict of
interest.
24. (1) The Minister shall set and pay a stipend to the
Toshao.
(2) The Village may authorise a payment from the
Village's funds to supplement the Toshao's stipend.
(3) A Toshao may accept paid employment while
he is a Toshao but subject to subsection (2) he shall not accept
any emolument, perquisite, payment, benefit or other
inducement to carry out his functions as Toshao.
(4) The Village may authorise a payment from the
Village’s funds to a Councillor.
(5) A Councillor may accept paid employment
while he is a Councillor but subject to subsection (4) he shall
not accept any emolument, perquisite, payment, benefit or
other inducement to carry out his functions as Councillor.
25. (1) A member of a Village Council shall not put
himself in a position where his duties to the Village shall
conflict with his personal or other interests.
(2) A member of a Village Council who is a
party to or otherwise involved in a proposed contract or
arrangement with the Village Council or has an interest in
any matter before the Village Council shall declare that
involvement or interest to the Village Council and shall not
take part in the discussion or decision making.

(3) A disclosure under subsection (2) shall be
recorded in the minutes of the Village Council.
(4) If a Village Council becomes aware that
a Toshao or Councillor has contravened this section, the
Village Council shall call a Village general meeting and report
it to them.
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Resignation.
Petitions for
removal.
26. (1) A Toshao or Councillor shall resign with
immediate effect if –
(a) he is convicted of a serious criminal
offence involving violence or
dishonesty;
(b) he fails to attend three consecutive
meetings of the Village Council
without reasonable excuse;
(c) he has been absent from the Village
for thirty consecutive days without
informing the Village Council;
(d) he contravenes section 24(3), section
24(5), section 25(1) or section 25(2).
(2) A Village Council shall notify the Minister
immediately if a Toshao or Councillor does not comply with
subsection (1).
(3) Subject to subsection (1) a Toshao or Councillor
may resign by giving not less than one month's written notice
to the Village Council.
(4) A Village Council shall notify the Minister
immediately upon the resignation of a Toshao or Councillor
and shall send the Minister a copy of the letter of resignation.
27. (1) A Village general meeting may petition the
Minister to carry out an investigation on the grounds that a
Toshao or a Councillor has failed to carry out his duties or has
contravened any provision of this Act.
(2) The Minister shall carry out an investigation if
at least fifty-one percent of the Village general meeting voted
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Investigation.
in favour of the petition.
(3) The Minister may carry out an investigation if
fewer than fifty-one percent of the Village general meeting
voted in favour of the petition or if a separate petition is
presented to the Minister.
28. (1) The Minister shall appoint a committee of three
persons to carry out an investigation under section 27.
(2) The National Toshaos Council and the Regional
Democratic Council may each nominate a member to the
committee.
(3) The Minister may suspend a Toshao or
Councillor named in the petition with effect from the date of
appointment of the committee.
(4) The committee shall give a Toshao or
Councillor a reasonable opportunity to answer any
allegations made against him in the petition.
(5) The committee shall make a report to the
Minister within twenty-one days of being appointed and the
Minister shall take this report into account in making his
decision.
(6) Within one month of receiving the report the
Minister shall send it to the Village general meeting with a
notice stating –
(a) whether the Toshao or Councillor
named in the petition is removed or in
the case of a Toshao or Councillor
who has been suspended whether
that person is reinstated; and
(b) the reasons for the Minister's decision.
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Removal of
members of the
Village
Council.
Return of
documents, etc.
First Schedule.

Village
accounts.

(7) The Minister may discuss the report with the
Village general meeting and make recommendations.
29. (1) The Minister shall remove a Toshao or
Councillor who fails to resign under section 26(1).
(2) The Minister may remove a Toshao or
Councillor if a recommendation for his removal is made
following a petition under section 27.
30.(1) A Toshao or Councillor who ceases to be a
member of the Village Council shall immediately restore to
the Village Council all funds, documents, records, files,
assets, accounts and other items which belong to the Village
Council.
(2) The outgoing Toshao and Councillors shall
hand over all funds, documents, records, files, assets,
accounts and other items relating to the business of the
Village Council to the newly elected Toshao and Councillors
immediately following their swearing-in.
(3) A person who contravenes subsection (1) or (2)
is guilty of an offence and is liable to the penalties prescribed
in paragraph (a) of the First Schedule.
31. (1) A Village Council may maintain a bank account
in the name of the Village Council at a licensed financial
institution and all taxes, royalties, fees, rents, fines, grants and
other Village income whatsoever shall be deposited in the
account.
(2) All moneys mentioned in subsection (1) shall be
deposited on behalf of the Village, for the benefit of the
Village in respect of which moneys have been deposited.

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Village plan.

Audits.
32.(1) A Village Council shall submit each year for
approval by the Village general meeting a Village plan of the
activities proposed for the next twelve months and if the
Village plan includes expenditure the Village Council shall
give reasonable estimates of that expenditure including –
(a) any administrative expenses;
(b) the costs of any development projects
or programmes; and
(c) the costs of any goods and services to
be provided to the Village.
(2) A Village general meeting may approve,
disapprove or amend the Village plan in any way it sees fit
for the overall benefit of the Village.
(3) A Village Council shall send the Minister and
the Regional Executive Officer a copy of the approved Village
plan and any subsequent changes approved by the Village
general meeting.
(4) A Village Council may not make any payments
which are not authorised in the Village plan or otherwise
approved by a Village general meeting.
33. (1) The Minister may arrange for a financial audit
to be carried out of a Village Council by an independent
auditor at any time during a Village Council’s term of office
provided that the Minister shall give the Village Council two
weeks’ notice and provided that audits shall not be carried
out more frequently than annually, unless requested by the
Village general meeting or otherwise deemed necessary.
(2) The Minister shall give copies of the financial
audit to the Village Council and the National Toshaos’
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Village general
meeting.
Council, and the Village Council shall call a Village general
meeting immediately after it receives the financial audit and
shall make it available to the Village general meeting.
(3) Not less than three months before the date of
the Village Council elections the Minister shall arrange for a
general audit to be carried out comprising –
(a) a supplementary financial audit from
the date of the last financial audit; and
(b) an audit of the Village Council's
records and documents.
(4) The Minister shall give copies of the general
audit to the Village Council and the National Toshaos’
Council and the Village Council shall call a Village general
meeting immediately after it receives the general audit and
shall make it available to the Village general meeting.
(5) A Village Council shall make the financial audit
and the general audit available to the Village general meeting
immediately upon receiving each audit.
(6) The National Toshaos’ Council may nominate
one of its members to observe the financial audit and the
general audit.
34. (1) Except as delegated to a Village Council under
this Act, the collective rights and powers of a Village are
exercised by the Village.
(2) All decisions required to be made by a Village
under this Act shall be made in a Village general meeting.
(3) A Village Council shall call a Village general
meeting every quarter and if the Village Council fails to call a
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District
Council.
Village general meeting within four months of the previous
Village general meeting then not less than ten residents who
are eligible to vote at the Village general meeting may call the
meeting instead.
(4) The notice period for a Village general meeting
is at least fourteen days.
(5) A Village Council may call a meeting on less
than fourteen days’ notice if the Village Council considers
that the situation amounts to an emergency and requires an
immediate response and -
(a) the meeting shall deal only with the
emergency and no other matter; and
(b) any decision taken at the meeting
shall be put to the next Village general
meeting for ratification or comment.
(6) The Village general meeting shall act by
consensus but if consensus cannot be achieved a vote may be
taken and a decision made on the basis of the majority of
votes cast unless this Act specifies otherwise.
(7) All residents are entitled to attend a Village
general meeting.
(8) The quorum, entitlement to vote and voting
procedures shall be in accordance with the rules made by the
Village Council.
35. (1) The Minister may by order establish a District
Council if –
(a) at least three Village Councils make
such a request in writing to the
Minister;
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Functions of
District
Council.
(b) the Village Councils making the
request are in the same geographic
area;
(c) none of the Village Councils is a
member of another District Council;
and
(d) each Village Council has obtained
the approval of its Village general
meeting.
(2) The Minister may include in a District only
those Villages whose Village Councils have made the request.
(3) A District Council comprises the Toshao and
one Councillor from each Village in the District.
(4) A District Council may elect a Chairman, a
secretary and a treasurer.
36. The functions of a District Council are –
(a) to coordinate the activities of the
Village Councils in the District;
(b) to work for consistency in the rules
made by the Village Councils as far as
is reasonable;
(c) to give advice to the Village Councils
and Villages on issues of common
interest;
(d) to plan and develop programmes for
the District on environmental
protection and management, health
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Special
provisions for
Karasabai.
care, education, transportation,
culture, economic development and
any other issues relating to the
functions of the Village Councils;
(e) to monitor compliance with and assist
in the enforcement of rules made by
Village Councils;
(f) to build consensus and assist in
resolving conflicts and disputes
within the District; and
(g) to provide technical advice and
assistance to the constituent Village
Councils or to other Village Councils
at their request.
37. (1) All lands whose title is held by the Karasabai
District Council are recognised as Village lands.
(2) The Karasabai District Council may exercise the
functions of a Village Council over its Village lands subject to
the approval of the Karasabai Village as expressed through
the councils established by the Village.
(3) The Minister may by order recognise a council
if requested to do so by the Karasabai Village and may specify
in that order the portion of land which is under the
jurisdiction of the council.
(4) Upon recognition a council becomes a Village
Council and is subject to the provisions of this Act governing
Village Councils.
(5) The Minister may at the request of the
Karasabai Village and its councils accept a transfer of title
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Establishment
of National
Toshaos’
Council.
Executive
Committee.
back to the State on condition that the Minister establishes
Village Councils among whom the Village lands are divided
by the grant of separate titles.
(6) Subject to subsections (3), (4) and (5), the
Karasabai District Council has the functions, powers and
duties of a Village Council and its Toshao and councillors are
likewise subject to the obligations imposed on Toshaos and
Councillors under this Act.
(7) The Toshao of the Karasabai District Council
and the Toshaos of any Village Councils recognised under
subsection (3) are ex officio members of the National Toshaos
Council.
(8) The Minister may by order and at the request of
the Karasabai Village and its Village Councils reconstitute the
Karasabai District Council as a District Council under sections
35 and 36 of this Act.
PART IV
NATIONAL TOSHAOS’ COUNCIL
38. There is hereby established a National Toshaos’
Council which is a body corporate comprising all Toshaos.
39. (1) The National Toshaos’ Council shall elect an
executive committee comprising –
(a) one Toshao from each administrative
region of the country; and
(b) not more than ten additional Toshaos.
(2) The executive committee shall elect a
Chairman, a Secretary and a Treasurer and may elect other
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Secretariat.

Functions of
National
Toshaos
Council.
c. 1:01
office bearers.
40. The National Toshaos’ Council may establish a
Secretariat.
41. The functions of the National Toshaos’ Council
are –
(a) to nominate in accordance with Article
212 S(2) of the Constitution, persons to the
Indigenous Peoples’ Commission;
(b) at the request of the Minister to
investigate allegations of improper
conduct by any Toshao or Councillor or
within any Village Council or District
Council;
(c) to promote good governance in Villages
including investigating matters as
requested by a Village and making
recommendations, provided that the
National Toshaos’ Council may not
investigate any matter which has been
referred to the Minister and must ensure
that any person involved in the
investigation is given a reasonable
opportunity to be heard;
(d) to prepare strategies and plans for reducing
poverty and improving access to health and
education in Villages;
(e) to prepare strategies and plans for the
protection, conservation and sustainable
management of Village lands and natural
resources;
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Meetings.

Procedure.
(f) to promote the recognition and use of
Amerindian languages;
(g) to provide advice to the Minister on –
(i) the protection of Amerindian culture
and heritage including the
identification and designation of
Amerindian monuments;
(ii) the development of Villages;
(iii) the impact of legislation or policy
on Villages and any changes that
should be made to such legislation or
policy;
(h) to coordinate and integrate the activities of
Villages on a national basis;
(i) to share, document and record the
experiences of Villages; and
(j) to send an observer to Village Council
elections and District Council elections.
42. (1) The National Toshaos’ Council shall meet at
least once every two years.
(2) The executive committee shall meet at least
twice in each calendar year.
43. (1) The National Toshaos’ Council may determine
its own procedure and may, in consultation with the Minister,
make rules governing such procedure.
(2) The Minister is an ex-officio member of the
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Inalienability of
Village lands.
Allocation of
land to
residents.
National Toshaos’ Council but may not vote.
(3) The National Toshaos’ Council shall -
(a) publish notice of its meetings in at
least one national newspaper at least
one month in advance;
(b) allow Amerindians to attend its
meetings; and
(c) publish an annual report of its
activities and annual accounts and
provide a copy to the Minister and
each Village.
PART V
VILLAGE LANDS
44. (1) A Village Council shall not dispose or attempt
to dispose of any interest, right or title in Village lands except
as provided in this Act.
(2) Any attempt to dispose of any right, title or
interest in Village lands, except as provided in this Act, is
void.
45. (1) A resident shall apply in writing to the Village
Council, in order to use a part of Village lands.
(2) The Village Council shall make a decision
within thirty days of receiving the application.
(3) An allocation of Village lands –
(a) may be indefinite; and
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Leases.
(b) shall be consistent with the Village's
recognition of traditional rights to
use and occupy Village lands.
(4) An allocation of Village lands under subsection
(3) expires if –
(a) the resident to whom the land was
allocated notifies the Village Council
that he renounces the allocation; or
(b) the land is abandoned according to
the Village's traditional rules.
(5) If there is a dispute over the allocation of
Village lands the Village Council shall be responsible for
resolving it.
(6) If the Village Council is not able to resolve the
dispute within two months of being notified of the dispute,
the Village Council shall ask the Village general meeting to
decide.
(7) If the Village general meeting is unable to reach
a decision, the dispute shall be referred to the Minister who
shall make a decision within one month following the
submission of the dispute for resolution to the Minister
whose decision shall be final.
(8) A Village Council shall keep a plan showing the
occupation and use of Village lands.
46. (1) A Village Council may grant leases of
Village lands provided that –
(a) the total amount of land leased does
not exceed ten percent of Village
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lands;
(b) the maximum term of a lease is fifty
years;
(c) the lease is granted at a market rent or
above;
(d) the lease is for agriculture, tourism or
other productive and sustainable use
of the land, which is consistent with
the Village's cultural attachment to
the land and provided that it is the
best interests of the Village; and
(e) the Village Council obtains the
advice and consents required under
section 47.
(2) The following conditions are implied in every
lease granted under this section –
(a) a right to re-enter and determine the
lease if the lessee is in breach of any
covenant of the lease;
(b) a prohibition against subletting or
assigning.
(3) A lease shall not be extended or renewed.
(4) A lease shall not be granted for residential
purposes.
(5) The provisions of any other written law
conferring security of tenure, restrictions on rent increases or
other protection for tenants are excluded from any lease
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Advice and
consents
required.

Mining.
granted under this Act.
(6) The Village Council shall –
(a) notify the Minister when a lease is
granted; and
(b) provide the Minister with a copy of
the lease and any subsequent
amendments.
47. (1) Before granting or amending a lease a Village
Council shall obtain the advice of the Minister.
(2) If a lease is to be granted to a non-resident or if
a lease granted to a non-resident is to be amended, the Village
Council shall call a Village general meeting and obtain the
consent of at least seventy-five percent of those present and
entitled to vote at the Village general meeting.
(3) If a lease is to be granted to a resident or if a
lease granted to a resident is to be amended, the Village
Council shall call a Village general meeting and obtain the
consent of at least fifty-one percent of those present and
entitled to vote at the Village general meeting.
(4).If the Village council does not obtain the advice
and consents required by this section the lease shall not be
granted and is void if granted
48. (1) A miner who wishes to carry out mining
activities on Village lands or in any river, creek, stream or
other source of water within the boundaries of Village lands
shall –
(a) obtain any necessary permissions
and comply with the requirements of
the applicable written laws;
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(b) make available to the Village any
information which the Village Council
or Village reasonably requests;
(c) give the Village Council a written
summary of the proposed mining
activities including information on –
(i) the identity of each person who
is involved;
(ii) a non-technical summary of the
mining activities;
(iii) the site where the mining
activities will be carried out;
(iv) the length of time the mining
activities are expected to take;
(v) likely impact of the activities on
the Village and the Village
lands;
(vi) any other matters which the
Village Council on behalf of the
Village requests and which are
reasonably relevant;
(d) attend any consultations which the
Village Council or Village requests;
(e) negotiate with the Village Council
on behalf of the Village in good faith
all relevant issues;
(f) subject to section 51 reach agreement
with the Village Council on the
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First Schedule.
Terms of
agreement.
amount of tribute to be paid; and
(g) obtain the consent of at least two-
thirds of those present and entitled to
vote at a Village general meeting.
(2) The Guyana Geology and Mines Commission
may facilitate the consultations to be held under subsection (I)
but may not take part in any negotiations.
(3) A person who contravenes subsection (l) is
guilty of an offence and is liable to the penalties prescribed in
paragraph (d) of the First Schedule.
49. (1) After the Village has given its consent under
section 48, the Village Council, acting on behalf of the Village,
shall enter into a written agreement with the miner.
(2) An agreement made under subsection (1)
contains the following implied terms –
(a) subject to paragraph (b) the miner
shall offer employment to residents at
market rates;
(b) the miner shall not offer employment
to non-residents unless residents with
the required skills are unavailable;
(c) the miner shall purchase all food and
materials from the Village if these are
available at reasonably competitive
prices;
(d) the miner shall take all reasonable
steps to avoid –

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(i) damage to the environment;
(ii) pollution of ground water and
surface water;
(iii) interference with agriculture;
(iv) damage to or disruption of
flora and fauna;
(v) disruption of residents'
normal activities;
(e) the miner, his employees and agents
shall comply with the rules made by
the Village Council under section 14.
(3) If the Village so requires, the miner and the
Village shall include in the Agreement –
(a) a protocol regulating the behaviour
of the miner and his employees and
agents including any restrictions on
the use of alcohol and the carrying of
firearms;
(b) requirements for reporting to the
Village Council;
(c) an environmental protection prog-
ramme;
(d) a waste disposal plan;
(e) a mechanism for assessing and
paying compensation;

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Refusal of
Village consent
for large scale
mining.
(f) a mechanism for identifying and
resolving conflict;
(g) a health programme including
providing medical supplies to health
workers for use by the Village; and
(h) support for education in the Village
including an employee education
programme and financial
contributions to the Village school
and library.
50.(1) If a Village refuses its consent in respect of large
scale mining, a miner may carry out the mining activities if –
(a) the Minister with responsibility for
mining and the Minister declare that
the mining activities are in the public
interest;
(b) subject to section 51(2) and (3), the
Minister with responsibility for
mining in consultation with the
Minister determines the fee and the
tribute to be paid by the miner to the
Village; and
(c) the miner gives the Minister with
responsibility for mining a written
undertaking that he will –
(i) comply with the rules made by
the Village Council;
(ii) require his employees and
agents to comply with the rules
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Fees, tribute
and royalties.
made by the Village Council;
and
(iii) promptly pay fair com-
pensation for any damage
caused by his mining activities
to Village lands or property
owned by residents.
(2) No mining shall take place for a period of sixty
days from the declaration made by the Minister and the
Minister with responsibility for mining, during which time
the Village shall have the right to require the miner to enter
into negotiations and the Village and the miner shall
negotiate in good faith with a view to reaching
agreement before mining commences upon the expiry of the
sixty days period.
(3) If the miner and the Village fail to reach
agreement under subsection 50(2) the Minister –
(a) shall require the miner to enter into
an agreement with the Minister on
behalf of the Village which contains
the provisions in section 49(2); and
(b) may require the miner to enter into an
agreement with the Minister on behalf
of the Village covering the items
specified in section 49(3).
51.(1) A miner shall pay the Village tribute of at least
seven percent of the value of any minerals obtained from
Village lands from small or medium scale mining.
(2) A miner shall negotiate in good faith with a
Village the amount of tribute to be paid for minerals
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Traditional
mining
privileges.
Obligations of
the Guyana
Geology and
Mines
Commission.
obtained from Village lands from large scale mining and in
the case where the Village has refused its consent such
tribute shall be agreed between the Minister and the miner
before the mining activities commence.
(3) The Guyana Geology and Mines Commission
shall transfer twenty per cent of the royalties from the mining
activities to a fund designated by the Minister for the benefit
of Amerindian Villages.
52.(1) An Amerindian who wishes to exercise a
traditional mining privilege shall –
(a) obtain the consent of the Village
Council; and
(b) comply with any obligations imposed
by or under any other written law.
(2) An Amerindian who wishes to carry out
mining activities which are not covered by a traditional
mining privilege shall obtain the permits required by, and
comply with the obligations imposed under, any other
written law.
53. Subject to the other provisions of this Part, if the
Guyana Geology and Mines Commission intends to issue a
permit, concession, licence or other permission over or in –
(a) any part of Village lands;
(b) any land contiguous with Village lands; or
(c) any rivers, creeks or waterways which pass
through Village lands or any lands
contiguous with Village lands,

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Use of forest
produce by
residents.
Use of forest
produce by
non-residents.
the Guyana Geology and Mines Commission shall first –
(i) notify the Village; and
(ii) satisfy itself that the impact of mining
on the Village will not be harmful.
54. (1) A resident who wishes to use forest produce
from Village lands shall obtain the permission of the Village
Council and comply with any conditions attached to that
permission.
(2) The Village Council may invite the Guyana
Forestry Commission to monitor the use of forest produce by
a resident.
55.(1) A person, other than a person referred to in
section 54, who wishes to use forest produce from Village
lands shall –
(a) send the Village Council a written
notice containing a request for a
meeting and a detailed description of
the proposed activity;
(b) send the Minister, the Guyana
Forestry Commission and the
Environmental Protection Agency a
copy of the notice sent to the Village
Council under paragraph (a);
(c) attend any consultations which the
Village requests;
(d) negotiate in good faith with the
Village; and
(e) obtain the consent of at least two-
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Obligations of
Guyana
Forestry
Commission.

Rights over
State lands and
State forests.
Protected areas.
thirds of those present and entitled to
vote at a Village general meeting.
(2) The Guyana Forestry Commission may
facilitate the consultations at the request of the Village but
may not take part in the negotiations.
(3) A consent given by a Village under subsection
(1) is deemed to be subject to a condition that the use of forest
produce from Village lands shall comply with any obligations
imposed by or under any other written law relating to the use
of forest produce from State forests.
(4) If a Village consents to the use of forest produce
from Village lands, the Guyana Forestry Commission shall
monitor the forest operations and while within Village lands
shall comply with the rules made by the Village Council
under section 14.
56. If the Guyana Forestry Commission intends to
issue a permit, concession, licence, timber sales agreement or
other permission in respect of any State forests which are
contiguous with Village lands the Guyana Forestry
Commission shall first consider the impact on the Village.
57. Nothing in this Act shall, except where expressly
stated, be construed to prejudice or alter any traditional right
over State lands and State forests save that where leases have
been granted traditional rights shall be exercised subject to
the rights of private leaseholders existing at the date of
commencement of this Act
58. (1) A Village which wishes to have the whole or
any part of its Village lands recognised as a part of a national
protected areas system shall comply with the requirements of
any written law governing such system.

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Extensions of
land.
(2) No protected area may be established over the
whole or any part of Village lands without the consent of the
Village general meeting.
(3) If a protected area is established on lands
occupied or used by an Amerindian Community –
(a) there shall be no alteration or
abrogation of any traditional right
over such land unless the
Amerindian Community which has
the right gives its consent in writing;
and
(b) the Amerindian Community which
has a traditional right over such land
shall be adequately consulted about
the management of the protected
area.
PART VI
GRANTS OF COMMUNAL LAND TO AMERINDIAN
VILLAGES AND AMERINDIAN COMMUNITIES
59. (1) A Village may, in accordance with subsection
(2), apply in writing to the Minister for a grant of State lands
as an extension to its Village lands and the application shall
include –
(a) the name of the Village;
(b) the number of persons in the Village;
(c) the area of land which the Village
already owns;

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Grants of land.
(d) the reason for the application;
(e) a description of the area; and
(f) a copy of a resolution passed by two-
thirds of the Village general meeting,
which authorises the Village Council
to make the application.
(2) An application shall be signed by the Toshao,
Secretary and two other members of the Village Council.
(3) An application shall be accompanied by a plan
showing the existing Village lands prepared by a qualified
land surveyor on the basis of a survey authorised by the
Guyana Lands and Surveys Commission.
(4) The State shall pay for the cost of the survey.
60.(1) An Amerindian Community may apply in
writing to the Minister for a grant of State lands provided –
(a) it has been in existence for at least
twenty-five years;
(b) at the time of the application and for
the immediately preceding five years,
it comprised at least one hundred and
fifty persons.
(2) An application made under subsection (1) shall
include –
(a) the name of the Amerindian
Community;
(b) the number of persons in the
Amerindian Community;
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Acknowledge-
ment and
investigation.
(c) the reason for the application;
(d) a description of the area requested;
and
(e) a resolution authorising the applica-
tion and passed by at least two-thirds
of the adult members of the
Amerindian Community.
(3) An application shall be signed by at least four
adult members of the Amerindian Community.
(4) If a Community Council has been recognised
under section 85, at least four of the signatories to an
application shall be members of the Community Council.
61. (1) Within one month of receiving an application
under section 59 or section 60 the Minister shall respond in
writing acknowledging receipt.
(2) Within six months the Minister shall cause an
investigation to commence to obtain the following
information –
(a) a list of the persons in the Amerindian
Village or Community and the
number of households;
(b) the names of the Amerindian peoples
of the Amerindian Village or
Community;
(c) the length of time the Amerindian
Village or Community has occupied
or used the area requested;
(d) the use which the Amerindian Village
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or Community makes of the land;
(e) the size of the area occupied or
used by the Amerindian Village or
Community;
(f) a description of the customs and
traditions of the Amerindian Village
or Community;
(g) the nature of the relationship which
the Amerindian Village or
Community has with the land;
(h) any interests or rights in or over the
area of land requested by the
Amerindian Village or Community;
(i) whether there is a school, health
centre or other initiative by the
Amerindian Village or Community or
Government; and
(j) any other information which the
Minister reasonably considers to be
relevant.
(3) The Minister may accept information comprising –
(a) oral or written statements from the
Amerindian Village or Community;
(b) authenticated or verified historical
documents;
(c) sketches and drawings prepared by
the Amerindian Village or
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Decision.

Approval
c. 62:01
Community;
(d) surveys prepared or authorised by the
Guyana Lands and Surveys
Commission;
(e) photographs;
(f) reports or documents from
anthropologists or archaeologists; and
(g) information in any other form which
the Minister reasonably believes is
appropriate.
62. (1) The Minister shall make a decision within six
months of the investigation being completed.
(2) In making a decision the Minister shall take
into account all information obtained in the investigation and
consider the extent to which the Amerindian Village or
Community has demonstrated a physical, traditional, cultural
association with or spiritual attachment to the land requested.
63. (1) If an application is approved title shall be
granted under the State Lands Act.
(2) In the case of a Village, title shall be granted to
the Village Council to be held for the benefit of the Village.
(3) In the case of an Amerindian Community, the
Minister shall by order establish a Village Council to hold
title on behalf of the applicant Community and upon the
grant of title the Amerindian Community becomes a Village.
(4) If a Community Council has been recognised
under section 85, the Minister shall by order establish the
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Appeal.

Toshaos and
Councillors
elected by
secret ballot.
Community Council as a Village Council.
64. An Amerindian Village or Community which is
dissatisfied with the Minister's decision under section 62 may
apply to the High Court for a review of the decision.
PART VII
ELECTIONS
65. (1) Each Toshao and Councillor shall be elected by
secret ballot.
(2) Elections shall be held in a Village at intervals
of not more than thirty-six and not less than thirty-three
months under the direction of a returning officer.
(3) The date of the election shall be fixed by the
Minister in consultation with the returning officer and the
Minister may fix a date for the election of a Toshao which is
different to the date fixed for the election of the Councillors.
(4) The Minister and the National Toshaos’ Council
may each designate a person to observe the elections and any
observer so designated may -
(a) scrutinise the electoral list;
(b) enter the place of voting;
(c) observe the voting process;
(d) monitor the counting of the ballots;
and
(e) seek information from the returning
officer and electoral clerks.
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Returning
Officer.

Election clerks.
66. (1) The clerk of the Regional Democratic Council
shall act as the returning officer for Villages in that region or
shall appoint another person to act in his stead.
(2) The returning officer –
(a) has overall responsibility for ensuring
the proper conduct of the elections for
the Toshao and Councillors including
–
(i) ensuring that the Village is
notified of the arrangements for
the elections;
(ii) verifying the electoral list;
(iii) monitoring the nominations
process;
(iv) making preparations for
election day;
(v) monitoring the voting process
and maintaining order;
(vi) counting the votes cast;
(vii) declaring the results of the
election; and
(viii) swearing in the newly-elected
Toshao and Councillors;
(b) shall cooperate with any elections
observers;
(c) shall appoint an election clerk; and
(d) may appoint a deputy election clerk.
67. (1) The election clerk and any deputy election clerk
shall assist the returning officer to conduct elections and
perform such other duties as may be delegated to them by the
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Election
notice.

Electoral list.
returning officer.
(2) An election clerk and a deputy election clerk
shall not be candidates in the election for which they are
clerks.
68. (1) The returning officer shall give the Village
Council a written notice of election not later than thirty-five
days before election day, which shall confirm –
(a) the day on which the election will be
held;
(b) the hours between which voting may
take place; and
(c) the location of the place of voting.
(2) When the Village Council receives the election
notice the Village Council shall immediately call a Village
general meeting and inform the meeting of the contents of the
election notice.
69. (1) Not later than sixty days before the election
date, the Village Council shall –
(a) compile an electoral list of all adult
residents;
(b) display the electoral list at the Village
office and permit all residents to
inspect it;
(c) submit the electoral list to the
returning officer.
(2) A resident may make an oral or a written
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Nominations.

Eligibility.
complaint to the Village Council if he believes that the
electoral list –
(a) contains the name of any person who
is not entitled to vote; or
(b) omits the name of any person who is
entitled to vote.
(3) The Village Council shall consider the
complaint and, if it upholds it, it shall correct the electoral list
and shall notify the complainant and, if applicable, any other
person whose name has been added or removed.
(4) A person who is dissatisfied with the decision
of the Village Council may make an oral or a written
complaint to the returning officer whose decision is final.
(5) A person shall not be listed in more than one
electoral list or register.
70. (1) A person who wishes to stand as a candidate
for Toshao or Councillor shall be nominated by at least two
persons who are adult residents and eligible to vote in the
elections.

(2) Nominations shall be submitted to the
returning officer not earlier than thirty days before election
day and not later than thirty minutes before voting is
scheduled to begin.
71.(1) A person may not stand for election or be
elected as a Councillor unless he -
(a) is an Amerindian of at least
eighteen years of age;

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Conduct of the
election.
(b) is resident in the Village on the date of
the nomination;
(c) has been continuously resident for a
period of not less than three years
immediately before his nomination
provided that if a person has his
principal home within the Village,
any absences from the Village for
education, employment or health
care shall be disregarded in
determining continuity of residence;
and
(d) has not been convicted of a serious
criminal offence involving violence or
dishonesty.
(2) A person may not stand for election or be
elected as a Toshao unless he –
(a) is eligible to stand as Councillor; and
(b) has not held the position of Toshao
for the two terms immediately
preceding his nomination.
(3) A person who has resigned as Councillor or
Toshao under section 26 or who has been removed under
section 29 may not stand as a candidate in the election
immediately following his removal.
72.(1) Before the voting starts the returning officer
shall ensure that there are adequate materials for the election
including –
(a) a sufficient number of ballot papers;
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(b) a sufficient number of copies of the
list of electors;
(c) a ballot box for election of
Councillors;
(d) a ballot box for election of the
Toshao; and
(e) such tables, chairs, compartments and
other conveniences reasonably
necessary for the proper conduct of
the elections.
(2) The returning officer, the election clerk and any
deputy election clerk shall ensure that all election materials
are kept in a locked place free from tampering or
unauthorised access.
(3) At the hour stated in the election notice for
voting to start, the returning officer in the presence of the
election clerks shall –
(a) open each ballot box and confirm that
it is empty;
(b) lock each ballot box and retain its key;
(c) ensure that each ballot box is clearly
marked showing which is for the
election of the Toshao and which is
for the election of the Councillors;
(d) place each ballot box on a table which
shall at all times be in full view of the
elections clerk or any deputy elections
clerk; and
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(e) formally declare that voting may
begin.
(4) Voting shall be closed at the hour specified in
the election notice but if at that hour there are still voters
waiting in line to vote, voting shall remain open for a
sufficient time to enable those voters to vote.
(5) Upon entering the place of voting each voter
shall identify himself to the elections clerk by producing an
identification document or by having his identity confirmed
by any other person on the electoral list who produces an
identification document.
(6) The election clerk shall provide the voter with a
ballot paper for the election of the Toshao and a ballot paper
for the election of the Councillors as soon as he has confirmed
–
(a) the identity of the voter;
(b) that the voter's name is on the
electoral list; and
(c) that the voter has not already voted.
(7) The voter shall enter the designated voting
compartment, and place each ballot paper in the correct ballot
box.
(8) A voter who is blind or otherwise incapacitated
may request another adult to place that voter's ballot papers
in the correct ballot boxes.
(9) As soon as a voter's ballot papers have been
deposited in a ballot box, the returning officer shall strike the
voter's name off the electoral list.

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(10) A voter shall vote without delay and shall
move a reasonable distance away from the ballot boxes as
soon as he deposits his ballot papers in the ballot boxes.
(11) As soon as voting has been closed, the
returning officer, in the presence of the electoral clerks, shall –
(a) open the ballot box for the election of
the Toshao and count the number of
votes;
(b) separate the votes on the basis of the
candidates for whom they have been
cast;
(c) count and record the number of votes
cast in favour of each candidate; and
(d) declare the name of the candidate
who has received the most votes or in
the case of a tie the names of the
candidates who have tied for the most
votes.
(12) Immediately after declaring the result of the
election for Toshao the returning officer shall –
(a) open the ballot box for the election of
the Councillors;
(b) separate the votes on the basis of the
candidates for whom they have been
cast;
(c) count and record the number of votes
cast in favour of each candidate;

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Swearing in.

Effect of a tie.
(d) declare the number of votes each
candidate has received; and
(e) declare the names of those candidates
who have been elected as Councillors.
(13) After the declaration of the result, the
returning officer shall –
(a) complete a statement of election
results;
(b) prepare and certify two copies of the
statement for delivery to the Minister
and the Regional Executive Officer;
(c) place the votes for the Toshao and the
votes for the election of the
Councillors in sealed envelopes in
their respective ballot boxes;
(d) lock and remove the ballot boxes for
delivery to the Minister.
(14) The Minister shall keep the statement of
election results and the ballot Boxes in safe custody until the
next elections are completed.
73. The returning officer shall, as soon as possible, but
not later than the morning after the election results are
declared, swear in the Toshao and the Councillors who have
been elected.
74. If there is a tie between two candidates for Toshao,
the returning officer shall so declare and hold a new election
within seven days at which election there shall be no new
candidates.
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Complaints.
Investigation
Committee.
75. (1) Not later than thirty days after the declaration
of the election results, a voter may complain in writing to the
Minister if he believes there was an irregularity in the election
process because –
(a) there was fraudulent or corrupt
practice during the election;
(b) there was a breach of the electoral
procedure established by this Act;
(c) the returning officer, the election clerk
or any deputy election clerk
committed an act or made an
omission which prejudiced the
outcome of the election.
(2) The Minister shall consider the nature of the
complaint, the number of electors bringing the complaint, the
report of any elections observers and any other relevant
factors, and may –
(a) dismiss the complaint; or
(b) establish a committee to investigate
the complaint.
(3) If the Minister establishes a committee the
Minister may direct the Village Council to remain in office or
may appoint an interim Village Council while the
investigation is going on.
76.(1) An investigation committee established under
section 75 shall comprise –
(a) one individual nominated by the
Minister;
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Complaint
upheld.
(b) one individual nominated by the
National Toshaos’ Council;
(c) one individual nominated by the
Regional Democratic Council; and
(d) one individual nominated by the
District Council if any.
(2) The investigation committee may –
(a) scrutinise the electoral list and
Register;
(b) recount the votes cast at the elections;
and
(c) take statements from the returning
officer, election clerk, deputy election
clerk, observers, any person alleged to
have been involved in the matters
which form the subject of the
complaint and any other person
who the investigation committee
reasonably believes to be in
possession of facts relevant to the
investigation.
(3) The investigation committee shall present its
report to the Minister within one month of being appointed.
(4) The Minister shall take into account the report
of the investigation committee and either dismiss or uphold
the complaint.
77. (1) If the Minister upholds the complaint the
Minister –
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Protection of
Amerindian
artifacts and
monuments.
First Schedule.
Multiple
voting.
First Schedule.
Additional
penalties.
First Schedule.
(a) shall declare the election invalid;
(b) shall set a date for new elections; and
(c) may suggest safeguards to prevent a
recurrence of the irregularity.
(2) For the period of time from the declaration that
the election is invalid to the holding of new elections, the
Minister may, if he has not already done so under section 75,
appoint an interim Village Council.
PART VIII
OFFENCES
78.(1) A person who, without the permission of the
Minister and the Village Council, removes from Village lands
an Amerindian artifacts which is of historical, religious or
cultural significance to the Village commits an offence and is
liable to the fines specified in paragraph (c) of the First
Schedule.
(2) A person who destroys, defaces or in any way
damages an Amerindian monument is guilty of an offence
and is liable to the fines specified in paragraph (c) of the First
Schedule.
79. A person who votes in elections in more than one
Village is guilty of an offence and is liable to the penalties in
paragraph (a) of the First Schedule.
80.(1) Notwithstanding the maximum fine imposed
under the First Schedule the court may impose an additional
fine on a person convicted of an offence under this Act if –
(a) the court is satisfied that the person
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Minister to
approve rule
made by
Village
Council.
Regulations.

Savings.
c. 29:01.
acquired monetary benefits from
committing the offence; and
(b) the amount of the fine imposed under
this section does not exceed the
court's estimate of the amount of the
monetary benefits.
(2) If a person is convicted of an offence under this
Act, the court may, at the time of passing sentence and at the
request of a Village, order that person to pay compensation to
the Village for loss or damage suffered as a result of the
offence.
PART IX
MINISTER’S FUNCTION AND POWERS
81.(1) The Minister may approve any rule made by a
Village Council provided that the rule does not conflict with
any law and shall cause the rule to be published in the
Gazette.
(2) If the Minister does not approve a rule made by
a Village Council within six months of receiving it, the
Minister shall inform the Village Council in writing and shall
give reasons for the rejection.
82. The Minister may make regulations to give effect
to the provisions of this Act.
83. Subsidiary legislation made under the Amerindian
Act is hereby revoked, provided that where such subsidiary
legislation confers a right or privilege that has not been
revoked or provided for in any other law, such subsidiary
legislation shall remain in force but may be amended by this
Act, as though made by this Act to the extent that may be
necessary.
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Community
Council.
Functions of a
Community
Council.

Authority of a
Community
Council.
Elections for a
Community
Council.

Toshaos’ of
Community
Council ex
officio member
of a National
Toshaos’
Council.
PART X
COMMUNITY COUNCIL
84. The Minister may by order recognise as a
Community Council, a council which was established by an
Amerindian Community no later than 31st December 2003.
85. The functions of a Community Council are –
(a) to exercise in relation to the
Amerindian Community the
functions of a Village Council other
than those functions which relate to
Village lands; and
(b) to make an application for
communal ownership of land in
accordance with Part VI of the Act on
behalf of the Amerindian Community
provided that the Amerindian
Community meets the criteria for
application.
86. A Community Council has authority over the
members of the Amerindian Community and may regulate
the exercise of their traditional rights over State lands.
87. Elections for a Community Council shall be
conducted in accordance with Part VII.
88. The Toshao of a Community Council is ex- officio a
member of the National Toshaos’ Council.

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[ss. 4, 5, 6,7,
17, 30, 48,
78, 79, 80]
FIRST SCHEDULE
Paragraph Prescribed Penalties
(a) a fine of not less than five thousand dollars
nor more than ten thousand dollars;
(b) a fine of not less than ten thousand dollars
nor more than thirty thousand dollars and
imprisonment for one month;
(c) a fine of not less than thirty thousand dollars
nor more than one hundred thousand
dollars and imprisonment for four months;
(d) a fine of not less than one hundred thousand
dollars nor more than one million dollars
and imprisonment for one year;
___________________

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SUBSIDIARY LEGISLATION
_________________
Rl. 1 /2007
(PROTECTION, MANAGEMENT, OPERATION,
made under section 14
WHEREAS the Village Council of Kanashen a tract of land held
under Title Number G7823 described more fully on Plan
No.34861 as Kanashen;
AND WHEREAS by resolution passed on 25th July 2007, the
Amerindian Village of Kanashen has approved the creation of a
protected area over their Village lands comprising Kanashen
and have resolved to manage their lands as a community
owned conservation area:
NOW, THEREFORE:
IN EXERCISE OF THE POWERS CONFERRED ON THE
VILLAGE COUNCIL OF KANASHEN BY SECTION 14 OF
THE AMERINDIAN ACT , IN CONSULTATION WITH THE
VILLAGE COUNCIL AND WITH THE APPROVAL OF THE
MINISTER UNDER SECTIONS 15 AND 81 OF THAT ACT,
THE VILLAGE COUNCIL OF KANASHEN HEREBY MAKES
THE FOLLOWING RULES:-
Citation.
1. The Rules may be cited as the Amerindian Village of
Kanashen (Protection, Management, Operation and Research
in the Conservation Area) Rules.
AREA) RULES
AND RESEARCH IN THE CONSERVATION
AMERINDIAN VILLAGE OF KANASHEN
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Interpretation.
Declaration of
conservation
area and its
objectives.
2. In these Rules-
“community” means the Amerindian community which
comprises the Village of Kanashen;
“conservation area” means the area of land comprising the
Village of Kanashen owned by the community;
“member of the community” means an Amerindian who is
recognised by the Village Council of Kanashen as a
member of the Village;
“researcher” means a visitor to the Kanashen community
owned conservation area who desires to carry out
scientific research or study in that area;
“visitor” means a person who is not a member of the
community.
3. (1) The following area of land comprising the Village
of Kanashen owned by the community is hereby declared as
the conservation area for the purposes of the Act.
Kanashen consists of an area of approximately of
625,000 hectares commencing at the mouth of the Kassikaityu
River, left bank of Essequibo River, thence up the Kassikaityu
River to its source at the Guyana-Brazil border, then south-east
along the Guyana-Brazil border to the watershed of the
Essequibo and New Rivers, thence north along the said
watershed to the source of the Amuku River to its mouth,
thence down the Essequibo River to the point commencement.
(2) The conservation area of Kanashen is dedicated
to the protection and maintenance of biological diversity,
natural resources and the preservation of the cultural heritage
and traditional lifestyle of the Wai Wai community of
Amerindian Act Rules
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Management
Zones of
Kanashen.
4. Kanashen is divided into the following
management zones which are more clearly delineated on the
map at Appendix:
(a) Zone 1: An area commencing at the mouth of
the Kamoa river, left bank Essequibo river,
thence up Kamoa river to the mouth of an
unnamed creek at 590 00’36’’W1032’24’’N,
thence up unnamed creek to a point in its
source at 59008’24’’W 1033’36N, thence north-
east to point in the source of an unnamed creek
at 59007’48’’W1034’12N, thence down unnamed
creek to its mouth on the South Kassikaityu
river, thence up the South Kassikaityu river to a
point in its source at the 59024’36’’W1032’24’’N,
thence south to the boundary of Kanashen,
thence west along the boundary of Kanashen to
a point in the source of the Chodikar at
58052’12’’W 1011’24N, thence down the
Chodikar river to its mouth at the Essequibo
river, thence down left bank Essequibo river of
commencement and set as a strict nature
reserve;
(b) Zone 2: An area commencing at the mouth of
the West Kassikaityu, thence west along the
boundary of Kanashen to the source of the
South Kassikaityu river, thence down the South
Kassikaityu river, to the point of
commencement, set aside as wilderness area for
the preservation of its habitats, ecosystems and
species.
(c) Zone 3: An area, excluding zone 4,
commencing at the mouth of the Bure-Burewau
river, right bank Kassikaityu river, west along
Kanashen.
Appendix
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the boundary of Kanashen to the mouth of the
South Kassikaityu river to the mouth of an
unnamed creek at 59023’48’’W 1040’12’’N,
thence up the unnamed creek to a point in its
source at 59007’48’’W 1034’12’’N, thence south
to a point in the source of an unnamed creek at
59007’48’’ 1033’’36’’, thence down the unnamed
creek to its mouth, left bank Kamoa river,
thence down the Kamoa river to the mouth of
an unnamed creek at 58048’36’’W 1031’48’’N,
thence up the unnamed creek to a point in its
source at 58051’00’’W 1037’48’’N, then west to a
point in the source of the Bure-Burewau river at
58051’00W 1037’48’’N, thence down the Bure-
Burewau river to the point of commencement
and set aside as a conservation park to protect
and maintain its ecological integrity and which
is available for eco-tourism at a level which
leaves the area in a natural or near natural
state;
(d) Zone 4: Mount Kamoa, an area commencing at
a point at 58058’48’’W 1044’24’N, thence west to
a point at 59001’12’’W 1043’48’’N, thence west to
a point at 59003’36W 1043’12’’N, thence west to
a point at 59006’36W 1043’48’’N, thence west to
a point at 59009’ 36W 10 42’36”N thence south to
a point at 59010’12’’W 1039’’00N, thence east to
a point at 58054’36’’W 1037’48’’N, thence north
to a point at 59054’00’’W 1041’24’’N, thence
northwest to the point of commencement, and
containing an outstanding natural feature
which has special significance for the
community and which is now set aside as a
natural monument;
(e) Zone 5: Wanakoko Mountain, an area
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commencing at the mouth of an unnamed creek
at 58037’12’’W 1042’36’’N, left bank of the
Essequibo river, thence up unnamed creek to a
point at 58039’36’’W 1042’00’N, thence south to
a point in the source of an unnamed creek at
58039’36W 10 41’24”N thence down the
unnamed creek to its mouth, left bank
Essequibo river, thence down the Essequibo
river to the point of commencement and
containing an outstanding natural feature
which has special significance for the
community and which is now set aside as a
natural monument;
(f) Zone 6; Onororo Conservation Park, an area
commencing at the mouth of the Onoro
(Onororo) river, right bank Essequibo, thence
up the Onoro river to the mouth of an
unnamed creek at 58035’24’’W 1031’12’’N,
thence up the unnamed creek to a point in its
source of an unnamed creek at 58034’12’’W
1032’24’’N, thence down the unnamed creek to
its mouth, right bank Essequibo river, thence
up the Essequibo river to the point of
commencement and set aside as a conservation
park to protect and maintain its ecological
integrity and which is available for eco-tourism
at a level which levels the area in natural or
near natural state;
(g) Zone 7: A managed resource protected area,
excluding zones 5 and 6, and commencing at
the mouth of the Kassikaityu river, left bank
Essequibo river, thence west along the
boundary of Kanashen to the mouth of the
Bure-Burewau river, right bank of the
Kassikaityu river, thence up the Bure-Burewau
river to a point in its source at 58051’00’W
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Objectives of
Zone 1 as a
strict nature
reserve.
1037’48’’, thence east to a point in the source of
an unnamed creek at 58051’00’’W 1037’48’’,
thence down the unnamed creek to its mouth,
left bank Kamoa river to its mouth, left bank
Essequibo river, thence up the Essequibo river
to the mouth of the Chodikar river, thence up
the Chodikar river to a point in its source at
58052’12’’W 1011’24’’N, thence south to the
boundary of Kanashen, thence east along the
boundary of Kanashen to the point of
commencement, which is mostly unmodified
and its managed to ensure long term protection
and maintenance of biological diversity and
sustainable use of biodiversity and ecosystem
services.
5. (1) The main objective of Zone 1 as a strict nature
reserve is to preserve its habitats, ecosystems and species in a
state which is as undisturbed as possible by –
(a) maintaining genetic resources in a
dynamic and evolutionary sate;
(b) maintaining established ecological
process;
(c) safeguarding structural landscape
features or rock exposure;
(d) excluding access except the access
necessary for monitoring by rangers or
for traditional infrequent small scale
gatherings;
(e) ensuring that monitoring is carried out
such a way as to minimise any
disturbance.
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Objectives of
Zone 2 for
wilderness
protection.
Objectives of
Zone 3 as Tikto
Conservation
Park.
(2) The other objectives of Zone 1 is to make the
strict nature reserve available for scientific research while
ensuring that the research is carried out in such way as to
minimise any disturbance on the habitat and ecosystems.
6. (1) The main objectives of Zone 2 is preserve the
habitats, ecosystems and species in an undisturbed state as
possible for all time.
(2) The other objective of Zone 2 is to protect the
traditional relationship of the community with the
conservation area.
7. (1) The main objective of Zone 3 as Tikto
Conservation Park is to protect the ecological integrity of the
area and maintain the area in as natural a state as possible to
maintain ecological stability and biological diversity.
(2) The other objectives of Zone 3 are –
(a) to permit tourists to visit for
educational and cultural purposes so
that they can develop a deeper
understanding and appreciation of the
natural world;
(b) to conduct scientific research while
ensuring that the research is carried out
in such a way as to minimise any
disturbance;
(c) to ensure that visits by people are kept
at a level which shall maintain the area
in a natural or near natural state;
(d) to enable the community to continue its
traditional use of the area at the levels
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Objectives of
Zone 4 as
natural
monument.
Objectives of
Zone 5 as
natural
monument.
existing at the commencement of these
Rules.
8. (1) The main objective of Zone 4 as a natural
monument is to protect and preserve forever Kamoa Mountain
and the immediate surrounding area with its outstanding
natural features and biological diversity.
(2) The other objectives of Zone 4 are –
(a) to permit tourists to visit for
educational and cultural purposes;
(b) to conduct scientific research while
ensuring that the research is carried out
in such a way as to minimise any
disturbance;
(c) to enable the community to continue its
traditional use of the area at the levels
existing at the commencement of these
Rules.
9. (1) The objective of Zone 5 as a natural monument is
to protect and preserve forever Wanakoko Mountain and the
immediate surrounding with its outstanding natural features
and biological diversity.
(2) The other objectives of Zone 5 are –
(a) to permit tourists to visit for
educational and cultural purposes;
(b) to conduct scientific research while
ensuring that the scientific research is
carried out in such a way as to
minimise any disturbance;
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Objectives of
Zone 6 as
Onororo
Conservation
Park.

Objectives of
Zone 7 as
managed
resource
protected area.
(c) to enable the community to continue its
traditional use of the area at the levels
existing at the commencement of these
Rules.
10. (1) The main objective of Zone 6 as Onororo
Conservation Park is to protect the ecological integrity of the
area and maintain the area in as natural a state as possible to
maintain ecological stability and biological diversity –
(2) The other objectives of Zone 6 are –
(a) to permit tourists to visit for
educational and cultural purposes so
they can develop a deeper
understanding and appreciation of the
natural world;
(b) to conduct scientific research while
ensuring that the scientific research is
carried out in such a way as to
minimise any disturbance;
(c) to ensure that visits by people are kept
at a level at which maintains the area in
a natural state;
(d) to enable the community to continue its
traditional use of the area at the levels
existing at the commencement of these
Rules.
11.(1) The main objectives of Zone 7 as managed
resource protected area are –
(a) to protect and maintain the biological
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Entry into
Kanashen
community
owned
conservation.
and other natural values of the area for
present and future generations;
(b) to enable the community to continue its
traditional way of life and use its
resources in a sustainable manner.
(2) The other objective of Zone 7 is to conduct
scientific research while ensuring that the research is carried
out in such a way as to minimise any disturbance.
12. (1) A visitor to the conservation area shall submit to
the Village Council a written application for permission to
enter the area at least four weeks in advance of the proposed
visit.
(2) Every application under subrule (1) shall
contain the following information:
(i) Name of the applicant.
(ii) Age and nationality.
(iii) Address.
(iv) Occupation.
(v) Purpose of visit.
(vi) Proposed date of arrival.
(vii) Proposed date of departure.
(viii) Official entry point in Guyana
(Gunns Airstrip or Kassikaityu
River).
(ix) Any other information which the
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Visit of
research
scholars.
visitor considers relevant.
(x) Signature of the applicant.
(3) A visitor who is unable to submit a written
application in time to the Village Council may submit the
application through the Minister of Amerindian Affairs or the
Regional Chairman and may request them to send a radio
message or any other appropriate communication in respect of
the application asking for permission to enter Kanashen
community owned conservation area and providing all the
information required in subrule(2).
13. (1) A visitor who intends to visit the conservation
area for research purposes may submit an application to the
Village Council at least four weeks in advance of the proposed
visit.
(2) Every application under subrule (1) shall, in
addition to the information required to be furnished under rule
12(2) as a visitor, furnish the following additional information-
(i) the name and address of the institution
where the researcher is working;
(ii) the position of the researcher with the
institution;
(iii) a copy of the application, if any made,
to the Environmental Protection
Agency or the permit received from the
Environmental Protection Agency;
(iv) a non-technical summary of the
proposed research including an
explanation of any sample or specimen
to be taken;

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Grant of
permission to a
visitor by the
Village
Council.

Assistance of
rangers.

Protection of
biological
diversity.
Prohibition of
removal of
objects.
(v) a reference from the institution of the
researcher.
14. (1) The Village Council shall consider every
application received by it under these Rules and convey its
decision to the applicant.
(2) A researcher who has been granted permission
of entry under these Rules shall upon his arrival in the village,
submit copies of the permit issued to him by the
Environmental Protection Agency as well as copes of all
permits issued by the Government.
15. The Village Council shall make arrangements to
provide the assistance of a ranger to work with the researcher
and the researcher shall endeavour to provide training to the
ranger in the field.
16. Without obtaining the prior permission of the
Village Council, a visitor shall not, in the conservation area –
(a) chop, cut or damage any plant life; or
(b) hunt, trap, collect, catch or disturb any
bird, reptile, insect fish, mammals or
other animals.
17. Without the prior permission of the Village
Council, a visitor to the Conservation area shall not remove
from the area any resources including –
(a) any plant or part of plant or seed;
(b) any animal or part of animal;
(c) mineral, rock, sand, gravel, earth or
clay; or
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Waste and
litter.

Penalties.
(d) any other material whatsoever that
occur naturally in the area.
18. A visitor to the conservation area shall not litter the
conservation area.
19. The Village Council may, in accordance with the
provisions of the Act, impose on a person who breaches any
provisions of these Rules a fine of not more than nineteen
thousand dollars.
____________________


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APPENDIX rule 4