L.R.O. 1/2012
LAWS OF GUYANA
TEACHING SERVICE COMMISSION ACT
CHAPTER 39:07
Act
1 of 1975
Amended by
20 of 1977
1 – 17 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
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Index
of
Subsidiary Legislation
Page
Teaching Services Commission (Remuneration & Allowances)
Order
15
(O. 133/1978)

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CHAPTER 39:07
TEACHING SERVICE COMMISSION ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
PART I PRELIMINARY
2. Interpretation.
PART II ESTABLISHMENT OF THE TEACHING SERVICE COMMISSION
3. Establishment of the Teaching Service Commission.
4. Oath of office to be subscribed by members of the Commission.
5. Vacation of office of appointed member of the Commission.
6. Secretary and other officers of the Commission and oath of office.
7. Meetings and procedure of the Commission.
PART III POWERS OF THE COMMISSION
8. Commission not to be subject to control or direction.
9. Appointment of, and exercise of disciplinary powers in relation to,
certain teachers.
10. Delegation of powers of the Commission.
11. Consultation with other persons.
PART IV
MISCELLANEOUS

12. Protection of members of the Commission.
13. Remuneration of members of the Commission.
14. Publication and disclosure of information to unauthorised persons
prohibited.
15. Offence to influence or attempt to influence the Commission.
16. Offence to give false information to the Commission.
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SECTION
17. Evidence of reports and statements of the Commission.
18. Fiat of the Director of Public Prosecutions.
19. Regulations.
FIRST SCHEDULE—Oath of Office of Members.
SECOND SCHEDULE—Oath of Office of Secretary and Officers.
__________________________
CHAPTER 39:07
TEACHING SERVICE COMMISSION ACT
1 of 1975 An Act to establish the Teaching Service Commission, to
prescribe the functions of the Commission and to
provide for matters connected therewith.
[10TH APRIL, 1978]
Short title.

Interpretation.
[20 of 1977]
1. This Act may be cited as the Teaching Service
Commission Act.
PART I PRELIMINARY
2. (1) In this Act—
“Commission” means the Teaching Service Commission
established by section 3;
“government school” means any school or other place of
education established or maintained out of moneys
provided by Parliament;
“manager” has the meaning assigned to it for the purposes of
the Education Act and includes any person who has the
management of a school in which are employed teachers
whose appointments to the offices held by them are
vested in the Commission;

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c.1:01

Establishment
of the Teaching
Service
Commission.
[20 of 1977]
“teacher” means the holder of the office of teacher in a school
the power of appointment to which is vested in the
Commission by virtue of this Act and includes any
person appointed to act in any such office.
(2) For the purposes of this Act, references to the
public service in the Constitution shall not be construed as
including service as a teacher.
PART II ESTABLISHMENT OF THE TEACHING SERVICE
COMMISSION
3. (1) There is established a body to be known as the
Teaching Service Commission which shall consist of seven
members as hereinafter provided.
(2) Six of the members of the Commission
(hereinafter referred to as “appointed members”) shall be
appointed as follows—
(a) one person appointed as Chairman of
the Commission by the President
acting on the recommendation of the
Prime Minister after the Prime
Minister has consulted with such
bodies as appear to him to represent
teachers;
(b) one person appointed by the
President on the recommendation of
the Prime Minister after that person
has been nominated for appointment
by the Guyana Teachers’ Association;
(c) one person nominated for
appointment by the Minister assigned
responsibility for local authorities
after that Minister has consulted with
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the body commonly known as the
Guyana Association of Local
Authorities; and
(d) three persons appointed by the
President on the recommendation of
the Prime Minister.
(3) The other member of the Commission shall be
the Chief Education Officer.
(4) A Deputy Chairman of the Commission shall
be appointed by the President from among the appointed
members, acting on the recommendation of the Prime
Minister.
(5) A person shall be disqualified for
appointment as an appointed member of the Commission if—
(a) he is a public officer;
(b) he is a teacher.
(6) A person shall not, while he is holding or is
acting in the office of a member of the Commission or within
three years commencing with the date on which he last held
or acted in that office, be eligible for appointment as a teacher.
(7) The Chairman, the Deputy Chairman and one
other member designated as such in the instrument
appointing him, shall be full-time members of the
Commission.
(8) The President may grant leave of absence to
any appointed member of the Commission.
(9) An appointed member of the Commission may
at any time, resign his office as such member by writing
under his hand addressed to the President.
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\\
Oath of office
to be
subscribed by
members of the
Commission.
First Schedule.

Vacation of
office of
appointed
member of the
Commission.
[20 of 1977]
c. 1:01
(10) An appointed member of the Commission
shall be eligible for re-appointment.

(11) The names of the members of the Commission
as first constituted and every change in the membership
thereof shall be notified in the Gazette.
4. A member of the Commission shall not enter upon
the duties of his office unless he has taken and subscribed
before the President, the oath in the form set out in the First
Schedule.
5. (1) Subject to the provisions of this section, the
office of an appointed member of the Commission shall
become vacant—
(a) at the expiration of the period of his
appointment as specified in the
instrument by which he is appointed;
(b) if any circumstances arise that, if he
were not a member of the
Commission, would cause him to be
disqualified for appointment as such
under section 3(5).
(2) An appointed member of the Commission may
be removed from office only for inability to exercise the
functions of his office (whether arising from infirmity of body
or mind or any other cause) or for misbehaviour and the
procedure prescribed by article 118 of the Constitution (which
relates to the removal from office of the holders of certain
offices established by the Constitution) shall apply for the
purpose, and for the purposes of the application of
paragraphs (4) and (6) of that article the prescribed authority
shall be the Prime Minister, except that in relation to a
member other than the Chairman of the Commission or a
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Secretary and
other officers of
the
Commission
and oath of
office.

Second
Schedule.

Meetings and
procedure of
the
Commission.
member for the time being acting in the office of Chairman,
the prescribed authority for the purposes of the said
paragraph (6) shall be the Chairman of the Commission.
(3) The provisions of subsection (2) shall be
without prejudice to the power of the President, acting on the
recommendation of the Prime Minister, to revoke the
appointment of a member of the Commission appointed
under paragraph (b) or (c) of section 3(2), on a request being
made for such revocation to the Prime Minister by the
Guyana Teachers’ Association.

6. (1) There shall be a Secretary of the Commission
and such number of other officers and employees as may be
considered requisite for the purpose of enabling the
Commission to perform its functions and their offices shall be
public offices.
(2) The Secretary and other members of the staff of
the Commission shall on their appointment as such, take and
subscribe the oath in the form set out in the Second Schedule;
the oath shall in the case of the Secretary of the Commission
be taken and subscribed before the Chairman of the
Commission and in the case of the other members of the staff
before the Secretary.
7. (1) The Commission shall meet at such times as may
be necessary or expedient for the transaction of business, and
such meetings shall be held at such place and times and on
such days as the Commission may determine.
(2) The Chairman, or in his absence the Deputy
Chairman, shall preside at meetings of the Commission.
(3) In the absence of the Chairman and Deputy
Chairman at a meeting of the Commission, the members
present thereat shall elect one of their number to act as
Chairman at that meeting.

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Commission
not to be
subject to
control or
direction.
Appointment
of and exercise
of disciplinary
powers in
relation to,
certain
teachers.
[20 of 1977]
c. 1:01
(4) No business shall be transacted at any meeting
of the Commission unless there are present at least three
members of the Commission.
(5) Minutes in proper form of each meeting of the
Commission shall be kept by the Secretary and shall be
confirmed by the Chairman, or the Deputy Chairman, or
other member elected to preside at the meeting, as the case
may be, as soon as practicable thereafter at a subsequent
meeting.
(6) Subject to the provisions of this Act, the
Commission may regulate its own procedure and, with the
consent of the Prime Minister or of the Minister, may make
rules for that purpose or for conferring powers or imposing
duties on any public officer, manager, teacher or on any other
authority for the purpose of the discharge of its functions.
PART III POWERS OF THE COMMISSION
8. Save as otherwise provided by this Act, in the
exercise of its powers under this Act, the Commission shall
not be subject to the direction or control of any other person
or authority.
9. (1) Subject to this Act, the power to appoint persons
as teachers in government schools, and in schools in respect
of which permissions have been granted under section 32 of
the Education Act, and to remove and exercise disciplinary
control over persons holding or acting in such offices shall
vest in the Commission.
(2) Before the Commission or any person
exercising powers under this section by delegation under
section 10 appoints as a teacher any person who holds or is
acting in any office power to which is vested under the
Constitution in a Service Commission established by the
Constitution, the Commission or the person exercising
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Delegation of
powers of the
Commission.

Consultation
with other
persons.
[6 of 1997]
powers by delegation shall consult with the Service
Commission in which that power is vested.
10. (1) The Commission may, by directions in writing
and subject to such conditions as it thinks fit, delegate any of
its powers under section 9—
(a) to any one or more members of the
Commission; or
(b) with the consent of the Minister, to a
public officer other than the Chief
Education Officer;
(c) with the consent of the Minister, in
respect of one or more classes of
teachers in a school to a body
comprising the following persons,
that is to say, the Education Officer of
the educational district in which the
school is situate and the Manager and
Head Teacher of the school.

(2) The power of delegation conferred on the
Commission by subsection (1)(c) shall be without prejudice to
the exercise by the Commission of the powers of delegation
conferred by the other provisions of subsection (1).

11. (1) The Commission may require any public officer
or teacher or manager to attend and give evidence before it
touching any matter which it shall have under consideration
and may require the production of any official document
relating to any such matter.
(2) The Commission in considering any matter
may, in its discretion, consult with the representative of an
association representing teachers or with any other person or
authority.

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Protection of
members of the
Commission.
Remuneration
of members of
the
Commission.

Publication and
disclosure of
information to
unauthorised
persons
prohibited.
[6 of 1997]
(3) Any person who without reasonable cause or
excuse fails to appear before the Commission when required
to do so, or to comply with any request made by the
Commission or with any requirement of this Act is liable on
summary conviction to a fine of twenty-seven thousand five
hundred dollars.
PART IV MISCELLANEOUS
12. Every member of the Commission and every
person or authority to whom the Commission has delegated
any of its powers under this Act shall have such and the like
protection and privileges in case of any action or suit brought
against such member, person or authority for any act done or
omitted to be done in the exercise of the powers as are by law
conferred upon any Judge of the Supreme Court of Judicature
acting in the execution of his office.
13. There shall be paid to the Chairman and other
members of the Commission such remuneration and
allowances as may be prescribed by order of the Minister
responsible for finance and the remuneration and allowances
so payable are charged on the Consolidated Fund.

14. (1) No member of the Commission nor any other
person shall, without the permission of the Minister, publish
or disclose to any unauthorised person or otherwise than in
the course of duty the contents or part of the contents of any
document, communication or information whatsoever which
has come to his knowledge in the course of his duties under
this Act in respect of any matters to be or already dealt with
by the Commission under this Act or by any person or
authority to whom the Commission has delegated its powers
under this Act, and any person who knowingly contravenes
this subsection is liable on summary conviction to a fine of
twenty-seven thousand five hundred dollars and to
imprisonment for one year.

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Offence to
influence or
attempt to
influence the
Commission.
[6 of 1997]

Offence to give
false
information to
the
Commission.
[6 of 1997]

Evidence of
reports and
statements of
the
Commission.
(2) If any person having possession of such
information which to his knowledge has been disclosed in
contravention of this section publishes or communicates it to
any other person otherwise than for the purpose of any
prosecution under this Act he is liable on summary conviction
to a fine of twenty-seven thousand five hundred dollars and
to imprisonment for one year.
15. Every person who otherwise than in the course of
his duty directly or indirectly by himself or by any other
person in any matter whatsoever influences or attempts to
influence any decision of the Commission or of any member
thereof or of any person or authority to whom the
Commission has delegated any of its powers under this Act,
is liable on summary conviction to a fine of twenty-seven
thousand five hundred dollars and to imprisonment for one
year:
Provided that nothing in this section shall prohibit
any person from giving a certificate or testimonial to any
applicant for appointment as a teacher.
16. Any person who, in connection with an
application by any person for appointment as a teacher,
wilfully gives to the Commission or to any member thereof or
to any person or authority to whom the Commission has
delegated its powers under this Act any information which he
knows to be false or does not believe to be true, or which he
knows is false by reason of the falsity or wilful omission of a
material particular, is liable on summary conviction to a fine
of twenty-seven thousand five hundred dollars and to
imprisonment for one year.
17. Except with the written permission of the Minister
no person shall in any legal proceedings produce, or be
permitted to give secondary evidence as to the contents or
nature of, any letter, statement, report or other document or
any oral information addressed, made or given—

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Fiat of the
Director of
Public
Prosecutions.
Regulations.
(a) to the Commission or any person or
authority to whom the Commission
has delegated any of its powers under
this Act by or on behalf of the
Permanent Secretary of any Ministry
or the Head of any Government
Department or the manager or teacher
of a school for the purpose of enabling
the Commission or such person or
authority to discharge any functions
under this Act; or
(b) by the Commission or any person or
authority to whom the Commission
has delegated any of its powers under
this Act to the Permanent Secretary of
any Ministry or the Head of any
Government Department or the
manager or teacher of a school in
relation to any matter concerning or
arising out of the functions of the
Commission.
18. A prosecution under this Act shall not be
instituted except by or with the consent of the Director of
Public Prosecutions.
19. Subject to this Act, but without prejudice to any
power to make rules conferred by this Act, the Commission
with the consent of the Minister may make regulations to give
effect to the provisions of this Act, and in particular,
regulations may be made relating to the organisation of the
work of the Commission.
___________________

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s. 4
s. 6(2)
FIRST SCHEDULE
OATH OF OFFICE OF MEMBERS
I ...................................having been appointed a member of
the Teaching Service Commission, do swear that I will freely
and without fear or favour, affection or ill will, give counsel
and advice in connection with all such matters as may be
referred to the Teaching Service Commission, and that I will
not directly or indirectly reveal any such matters to any
unauthorised persons or otherwise than in the course of duty.
So help me God.
Signature...........................................
Sworn before me this day of , 20 .
....................................
President
__________________
SECOND SCHEDULE
OATH OF OFFICE OF SECRETARY AND OFFICERS
I .................................................having been appointed.........
Secretary to the Teaching Service
a member of the staff of
Commission, do swear that I will not directly or indirectly
reveal to any unauthorised persons or otherwise than in the
course of duty any information in connection with the
business of the Commission which may come to my
knowledge in the course of my duties as Secretary to
a member of the staff of
the said Commission. So help me God.
Signature...........................................
Sworn before me this day of , 20 .
..........................................
Chairman or the Secretary to the
Teaching Service Commission
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O. 133/1978
Citation.

Salaries
prescribed
Schedule

Travelling
allowances
prescribed.
Schedule
SUBSIDIARY LEGISLATION
_________________
TEACHING SERVICE COMMISSION
(REMUNERATION AND ALLOWANCES)
ORDER
made under section 13
1. This Order may be cited as the Teaching Service
Commission (Remuneration and Allowances) Order.
in relation to the persons holding the respective offices
specified therein are hereby prescribed as the salaries payable
annually to the said persons.
(2) The amounts aforesaid shall grow due and
become payable monthly on the last day of each month in the
year:
Provided that the amounts to be paid for, or in respect of,
each month shall not exceed the aggregate amount of all such
salaries for the month, the monthly salary of a person holding
an office aforesaid being one twelfth of his annual salary.

3.(1) The amounts specified in Part II of the Schedule
in relation to the persons holding the respective offices
specified therein are hereby prescribed as the travelling
allowances payable monthly to the said persons in respect of
the use of their motor cars for the purpose of performing their
functions as members of the Commission.
(2) Where a member of the Commission does not
own a motor car, he shall be entitled to be paid the actual
2. (1) The amounts specified in Part 1 of the Schedule
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c1. 2
cl.3
travelling expenses incurred by him for the purpose of
performing his functions as a member of the Commission.
Provided that the entitlement under this paragraph shall
not exceed one hundred and five dollars per month.
______________
SCHEDULE
PART I
REMUNERATION OF MEMBERS OF THE COMMISSION
The Chairman Salary $15,000.00 per annum
The Deputy Chairman Salary 9,000.00 “ “
Full time member designed as such
under Section 3(7) of the Act – Salary 9,000.00 “ “
Every other member Salary 6,000.00 “ “
PART II TRAVELLING ALLOWANCES OF MEMBERS OF THE
COMMISSION
In respect of the use of their motor cars for the purpose of
performing their functions as members of the Commission,
travelling allowances shall be paid to:
(a) The Chairman, the Deputy Chairman
and the full time member of the
Commission designated as such
under section 3(7) of the Act, at the
Scale ‘C’ rate of travelling allowance
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payable to public officers;
(b) Every other member, at the Scale ‘B’
rate of travelling allowances payable
to public officers,
subject to the respective conditions of payment from time to
time applying to public officers.
_________________