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Chapter 66:02 - Guyana Geology and Mines Commission

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L.R.O. 1/2012
LAWS OF GUYANA
GUYANA GEOLOGY AND MINES COMMISSION ACT
CHAPTER 66:02
Act
7 of 1979

Amended
by 3 of 87
20 of 89
6 of 97

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 26 ... 1/2012
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Note
on
Subsidiary Legislation

This Chapter contains no subsidiary legislation.





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CHAPTER 66:02
GUYANA GEOLOGY AND MINES COMMISSION ACT
ARRANGEMENT OF SECTIONS SECTION
1. Short title.
2. Interpretation.
ESTABLISHMENT OF THE GUYANA GEOLOGY
AND MINES COMMISSION
3. Establishment and incorporation of the Guyana Geology and
Mines Commission.
4. Functions of the Commission.
5. Employment of the staff of the Commission.
FINANCIAL PROVISIONS
6. Funds and resources of the Commission.
7. Borrowing powers of the Commission.
8. Investments.
9. Guarantee by the Minister of finance of borrowing by the Commission
and repayment of sums paid to meet guarantees.
10. Power of Commission to make loans.
11. Interest on loans made by the Commission.
12. Repayment of loans made by the Commission.
13. Suspension of payment of principal and interest and power to extend
time, compound or release loans.
14. Payment of loan before due date.
15. Examination as to application of moneys lent.
16. Order of Commission upon such examination.
17. Misapplication of loan secured by mortgage or otherwise.
18. Enforcement of securities.
19. Charge on property and priority of loan.
20. Reserve Fund.
21. Accounts and audit.
22. Report.
23. Limitation provisions excluded.
24. Recovery of moneys due to the Commission.
25. Charges on movable and immovable property.

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MISCELLANEOUS
26. Services of professionals.
27. Offences in relation to loans.
28. Burden of proof in cases of misapplication of loans.
29. Minutes receivable in evidence in legal proceedings.
30. Exemption from taxation.
31. Power of the Minister to give directions to the Commission.
32. Collection of statistics.
33. Penalties.
34. Regulations.
35. Transfer of assets and liabilities and transitional provisions.
SCHEDULE
____________________
_
CHAPTER 66:02
GUYANA GEOLOGY AND MINES COMMISSION ACT

9 of 1979 An Act to provide for the establishment and the functions
of the Guyana Geology and Mines Commission and
for purposes connected therewith.
[14TH MAY, 1979]
Short Title.
[20 of 1989]

Interpretation.
1. This Act may be cited as the Guyana Geology and
Mines Commission Act.
2. In this Act—
“Commission” means the Guyana Geology and Mines
Commission established by section 3;
“Commissioner” means the Commissioner of Geological
Surveys and Mines.

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Establishment
and incorpora-
tion of the
Guyana
Geology and
Mines
Commission.
Schedule.
Functions of the
Commission.
[3 of 1987
20 of 1989]
ESTABLISHMENT OF THE GUYANA GEOLOGY
AND MINES COMMISISON
3. There is hereby established a body corporate to be
known as the Guyana Geology and Mines Commission and
the provisions of the Schedule shall have effect as to the
constitution and proceedings of, and otherwise in relation
to, the Commission.
4. (1) It shall be the function of the Commission—
(a) to promote interest in mining and
mineral exploration, the development
of the mineral potential of Guyana, and
the production, supply and sale of
minerals and mineral products;
(b) to participate in and advise on the
economical exploitation, beneficiation,
utilisation and marketing of the mineral
resources of Guyana;
(c) to explore for mineral resources on
lands using all available techniques,
including geology, geochemistry,
geophysics and other remote sensing
methods;
(d) to exploit the said mineral resources,
when discovered, using all available
mining techniques including surface
and underground mining;
(e) to undertake research into optimum
methods of exploring for, exploiting
and utilising minerals and mineral
products of Guyana;
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(f) to carry on all activities, the carrying on
of which appears to the Commission to
be requisite, advantageous or
convenient for, or in connection with,
the exercise of its functions.
(2) Without prejudice to the generality of subsection
(1), the Commission may—
(a) convert, remove and sell by auction or
tender or in any other manner
whatsoever, minerals or mineral
products from State lands;
(b) construct roads for the transport of
minerals and mineral products; and
(c) assist in providing access to areas
where mining operations are carried on
or are proposed to be carried on.
(3) The Commission shall be responsible for—
(a) the enforcement of the conditions of
mining and dredging leases,
concessions, or exclusive permissions,
or any licence, permit, or mineral
agreement granted, or entered into, or
deemed to be granted or entered into,
under the Mining Act;
(b) the collection and recovery of all rents,
fees, royalties, penalties, levies, tolls
and charges payable under the Mining
Act and any other revenues of the
Commission;
(c) Hall marking:

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Employment of
the Staff of the
Commission.

Provided that the Commission may, in relation to the
collection and recovery of royalties payable in respect of
gold under the Mining Act, by writing and subject to such
terms and conditions as may be agreed upon between the
Guyana Gold Board and the Commission, appoint the
Guyana Gold Board to be its agent for the collection and
recovery of such royalties.
(4) In this section—
(a) “gold” has the meaning assigned to it
by the Guyana Gold Board Act.
(b) “Guyana Gold Board” means the
Guyana Gold Board established by
section 3 of the Guyana Gold Board
Act.
(5) Where the exercise of any function by the
Commission under this Act or any other law is subject to
the approval of the Minister, it shall not be necessary to
obtain that approval if the Minister is the Chairman of the
Commission.
5. (1) The Commission may employ at such
remuneration and on such other terms and conditions it
thinks fit (including the payment of pensions, gratuities or
other like benefits by reference to the service of its officers
and other employees) a Commissioner, a Secretary and
such other officers and other employees as the Commission
considers necessary for the purpose of carrying out its
functions:
Provided that—
(a) no salary in excess of such amount
as may be specified in directions
issued by the Minister shall be
assigned to any office without the prior
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approval of the Minister;
(b) no appointment shall be made to any
office to which a salary, in excess of
such amount as may be specified in
such directions, is assigned without the
prior approval of the Minister;
(c) no provisions shall be made for the
payment of any pensions, gratuities or
other like benefits to the officers and
other employees of the Commission by
reference to their service, without the
approval of the Minister.
(2) The Commissioner shall be the chief executive
officer of the Commission and, subject to any general or
special directions of the Commission, shall be responsible
for the execution of the policy of the Commission and
answerable therefor to the Commission.
(3) Where a public officer is seconded or
temporarily transferred from a pensionable office within
the meaning of the Pensions Act to an office with the
Commission, section 5 of that Act shall apply to him as if
his service with the Commission were service in a public
office.
(4) Where a public officer is appointed to an office
with the Commission, his service with the Commission
shall be other public service within the meaning of, and for
the purpose of such provisions applicable in relation thereto
as are contained in, the Pensions Act (including the
Pensions Regulations 1957).
(5) Subsections (3) and (4) shall, as they apply in
relation to a public officer, apply mutatis mutandis in
relation to a teacher to whom the Teachers’ Pension Act
applies and who is employed by the Commission.
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Funds and
resources of the
Commission.
FINANCIAL PROVISION
6. (1) The funds and resources of the Commission
consist of—
(a) such sums as may be provided by
Parliament;
(b) such sums as may be allocated to the
Commission from loan funds;
(c) all sums received by or falling due to
the Commission in respect of the
repayment of any loan made by the
Commission and the interest payable in
respect of any such loan;
(d) moneys earned or arising from
any property, investments, mortgages
and debentures acquired by or vested
in the Commission;
(e) any property, mortgages, debentures, or
investments acquired by or vested in
the Commission;
(f) sums borrowed by the Commission for
the purpose of meeting any of its
obligations or discharging any of its
functions;
(g) all other sums or property which may
in any manner become payable to or
vested in the Commission in respect of
any matter incidental to its functions.
(2) The charges on any amount which may be
allocated to the Commission from loan funds shall be met
by the Commission except that all or any part of such
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Borrowing
powers of the
Commission.
Investments.

Guarantee by
the Minister of
Finance of
borrowing
by the
Commission
and repayment
of sums paid
to meet
guarantees.
charges may be met out of moneys provided by Parliament.
(3) Where there is a deficiency in the funds of the
Commission such deficiency shall be met out of moneys
provided by Parliament.
(4) For the purposes of this section, the expression
“loan funds” means such sums as may be made available
from time to time to the Government by way of a loan.
7. The Commission may, with the approval of the
Minister responsible for finance, borrow such sums as may
be required by the Commission for meeting any of its
obligations or carrying out any of its functions.
8. Moneys standing at the credit of the Commission
may, from time to time, be invested in securities approved
either generally or specifically by the Minister, and the
Commission may, from time to time, with the like approval
sell all or any of such securities.
9. (l) With the approval of the National Assembly, the
Minister responsible for finance may guarantee, in such
manner and on such conditions as he may think fit, the
payment of the principal and interest on any authorised
borrowings of the Commission.
(2) Where the Minister responsible for finance is
satisfied that there has been default in the repayment of any
principal moneys or interest guaranteed under this section,
he shall direct the repayment out of the revenues of Guyana
of the amount in respect of which there has been such
default.
(3) The Commission shall make to the Accountant
General, at such time and in such manner as the Minister
responsible for finance may direct, payments of such
amounts as may be so directed in or towards repayment of
any such sum issued in fulfilment of any guarantee given
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Power of
Commission to
make loans.
Interest on loans
made by the
Commission.

Repayment of
loans made by
the
Commission.
Suspension of
payment of
principal and
interest and
power to extend
time, compound
or release loans.
under this section, and payments of interest on what is
outstanding for the time being in respect of any sums so
issued at such rate as the Minister responsible for finance
may direct, and different rates of interest may be directed
as respects different sums and as respects interest for
different periods.
10. Subject to such conditions as it may deem fit to
impose in particular cases the Commission may, out of its
funds and resources, make loans in accordance with the
provisions of this Act in that behalf, in the performance of
its functions.
11. In making loans under this Act the Commission
may charge interest at such rate as it may deem fit in any
particular case.
12. Subject to sections 13, 14 and 21(6), every loan
made by the Commission shall be repaid to the Commission
in accordance with the terms and conditions under which
the loan was made and the moneys so paid shall thereupon
be taken into the accounts of the Commission.
13. The Commission, with the approval of the Minister,
may–
(a) postpone, for any time not exceeding
five years, the payment of any sum due
for principal and interest or for either
principal or interest to the Commission
in respect of a loan made by it upon
such terms and conditions for the
carrying out of the purposes for which
the loan was made and for the ultimate
repayment of such principal or
payment of such interest as it may
deem necessary;
(b) from time to time extend the period for
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Payment of
loan before due
date.
Examination as
to application of
moneys lent.
the repayment of any loan; or
compound or release any loan or any
part thereof subject to such terms and
conditions as it may deem fit.
14. The Commission may at any time accept payment
of the whole or any part of the amount representing the
principal of a loan and interest thereon, before the time
when the payment is due, upon such terms and conditions
as it may think fit.
15. (1) Where the Commission has made a loan of
money under this Act, it may—
(a) from time to time, make or cause to be
made such examination as may be
necessary to ensure that the loan is
being applied to the purposes for which
it was made;
(b) require financial statements in such
detail as it may determine to be
submitted by the person, body or
authority in receipt of the loan
biennially or at shorter intervals at the
discretion of the Commission and such
person, body or authority shall comply
with the requirement.
(2) The Commission may authorise in writing any
of its officers or any other person to make such
examination, and the person, body or authority in receipt of
the loan shall produce to such officer or person all the
relevant books, documents, and other matters and
things necessary for the purposes of the examination.
(3) Any person who contravenes subsection (l)(b) or
subsection (2) is guilty of an offence.

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Order of
Commission
upon such
examination.
16. Where upon any examination made under section
15 it appears to the Commission that any sum being the
whole or any part of the loan has not been applied for the
purposes for which the loan was made it may order that
any such sum be, within the time mentioned in the order,
applied to such purpose or that the sum together with any
interest due thereon on the date of the order be repaid to
the Commission within the time mentioned in the order,
and any sum with the interest thereon so ordered to be
repaid to the Commission thereupon becomes a debt due to
the Commission.
Misapplication
of loan secured
by mortgage or
otherwise.
17. (1) If any loan made under this Act or any part of
the loan has been misapplied, the Commission may—
(a) where the loan has been secured by
mortgage, by notice in writing
addressed to the mortgagor, recall the
loan or any part thereof and may
require the loan or that part together
with any interest due on the loan or
part thereof on the date of the notice to
be repaid on a date to be specified in
the notice and in default of payment on
the specified date any security given for
the purpose of the loan may thereupon
be realised;
(b) where the loan has been secured
otherwise than by way of mortgage, by
notice addressed to the borrower,
require the loan or any part thereof
together with any interest due on the
loan or part thereof on the date of the
notice to be repaid on a date to be
specified in the notice and in default of
payment on the specified date any
security given for the purpose of the
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Enforcement of
securities.
Charge on
property and
priority of loan.
Reserve Fund.
loan may thereupon be realised.
(2) The powers conferred by subsection (1) are in
addition to the powers conferred by any other provisions of
this Act.
18. Where any property mortgaged as security for a
loan under this Act is sold for the purpose of the
enforcement of the security, the Commission may buy such
property and may either manage and hold such property or
sell or otherwise dispose of it as the Commission may deem
fit.
19. Where a loan is made by the Commission on the
security of a mortgage of any property, whether with or
without any other security, the property from and after the
date of the mortgage, shall be charged with the payment of
the loan and interest as in the mortgage mentioned, in
priority, save so far as otherwise specified in the mortgage,
to every other debt, mortgage or charge whatsoever
affecting the property, except for any existing lien in favour
of the State or any loan due to any creditor not assenting to
such priority which has been made in good faith before the
loan made by the Commission and which has been secured
by a duly registered mortgage of the property.
20. (1) The Commission shall maintain a reserve fund
and shall, out of the net surplus for each year, transfer to
that fund a sum equal to not less than such sum as may be
fixed by the Minister.
(2) If the reserve fund is in any year insufficient to
cover any net loss of the Commission recorded in its Profit
and Loss Account, an amount equivalent to the deficiency
is hereby charged on the Consolidated Fund:
Provided that if in any succeeding year any net surplus
accrues to the Commission there shall be paid into the
Consolidated Fund by the Commission, from time to time,
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Accounts and
audit.
[6 of 1997]

such sum as may be agreed with the Minister responsible
for finance together with interest thereon at such rate to be
determined by him until the aforesaid amount is fully
repaid.
(3) For the purposes of this section, net surplus
shall be determined by deducting from gross income all
expenses together with allowances for depreciation of
assets, contributions to staff benefit funds, provision for
bad and doubtful debts, and such other contingencies
and accounting provisions as are usually made by
comparable institutions.
21. (1) The Commission shall keep accounts of its
transactions to the satisfaction of the Minister and such
accounts shall be audited annually by an auditor appointed
by the Minister.
(2) The Minister may, at any time, appoint an
auditor to examine the accounts of the Commission and to
report thereon to the Minister.
(3) The members, officers and other employees
of the Commission shall grant to the auditor appointed to
audit the accounts of the Commission under subsection (1)
or (2) access to all books, documents, cash and securities of
the Commission and shall give to him on request such
information as may be within their knowledge in relation to
the operations of the Commission.
(4) An auditor appointed under this section shall have
power to summon and examine all persons whom he shall
think fit to examine for the purpose of obtaining
information in connection with the examination and
audit of the accounts of the Commission and respecting
all other matters and things whatever necessary for the due
performance of the functions vested in him; and if any
person summoned as aforesaid is not a public officer or an
officer or other employee of the Commission he is
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Report.

Limitation
provisions
excluded.
entitled to payment for his attendance as if he were a
witness attending a legal proceeding in obedience to a
summons issued at the instance of the State.
(5) Any person summoned under subsection (4) who,
without reasonable excuse, makes default in obeying the
summons is liable on summary conviction to a fine of three
thousand seven hundred and fifty dollars, or, in default of
payment, to imprisonment for one month.
(6) The Commission may write off bad debts.
22. (1) The Commission shall not later than six
months after the end of each calendar year submit to the
Minister a report containing—
(a) an account of its transactions throughout
the preceding calendar year in such
detail as the Minister may direct; and
(b) a statement of the accounts of the
Commission audited in accordance with
section 21.
(2) A copy of the report together with a copy of the
auditor’s report shall be printed and laid before the
National Assembly.
.
(3) Where the accounts of the Commission are
kept by reference to a financial year different from the
calendar year, the expression “calendar year” in this section
shall be read with respect to the Commission as if the
expression “financial year” were substituted therefor.
23. The Limitation Act shall not apply to proceedings
instituted by the Commission for the recovery of moneys
due to the Commission or any other property to which a
claim is made by the Commission.

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Recovery of
moneys due to
the Commission.
Charges on
movable and
immovable
property.
24. Any sum due to the Commission may be
recovered by parate or summary execution and the right of
recovery conferred by this section is in addition to any other
procedure available to the Commission under any other
law.
25. (1) Every instrument or charge to secure a loan
made by the Commission shall be prepared by the
Commission and the borrower shall pay the legal charges
and all necessary disbursements in connection therewith.
(2) Where the charge is created on immovable
property the Registrar of Deeds shall, upon notice being
served on him, annotate the charge against the title issued
in respect of the property in the same manner as if it were
subject to a mortgage passed before the High Court.

Services of
professionals.
Offences in
relation to loans.
[6 of 1997]
MISCELLANEOUS
26. The Commission may at any time retain the
services of professional persons and may pay such
remuneration in respect thereof as the Commission may
determine.
27. Any person who—
(a) obtains a loan from the Commission
under this Act by means of any false
representation;
(b) wilfully applies any loan made to
him by the Commission under this Act
to any purpose other than the purpose
for which the loan was made;
(c) having obtained a loan from the
Commission under this Act, wilfully
destroys any security given in relation
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Burden of proof
in cases of
misapplication
of loans.

Minutes
receivable in
evidence in legal
proceedings.
Exemption
from taxation.

Power of the
Minister to give
directions to the
Commission.
to the loan,
is liable on summary conviction to a fine of twenty-seven
thousand five hundred dollars and to imprisonment for
twelve months.
28. In any criminal proceeding in respect of an
offence under section 27(b), the onus of proving that he
acted in good faith and without knowledge that he was not
entitled so to apply the loan or any part thereof shall be
upon the person charged.
29. Any minutes made of meetings of the
Commission shall if duly signed by the Chairman or the
Deputy Chairman or the Commissioner presiding at a
meeting of the Commission and without proof of any other
matter or thing, be receivable in all legal proceedings as
prima facie evidence of the proceedings of the Commission
of which minutes have been made and every meeting of the
Commission in respect of the proceedings of which minutes
have been so made shall be deemed to have been duly
convened and held and all members thereat to have been
duly qualified to act.
30. The Minister responsible for finance may, by
order which shall be subject to affirmative resolution of the
National Assembly, exempt the Commission from liability
for any tax, duty, rate, levy or other charge due to the
revenue of Guyana.
31. (1) The Minister may give to the Commission
directions of a general character as to the policy to be
followed by the Commission in the performance of its
functions and the Commission shall give effect to those
directions.
(2) In carrying out such measures of reorganisation
or such works of development as involve a substantial
outlay on capital account, the Commission shall act in
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Collection of
statistics.
accordance with a general programme approved, from
time to time, by the Minister.
(3) In the exercise of its functions in relation to
training, education and research, the Commission shall act
in accordance with a general programme approved by the
Minister.
(4) The Commission shall afford to the Minister
information requested by him with respect to the business
of the Commission and shall furnish him with annual
estimates, and such returns as he may require.
(5) The Commission shall provide the Minister
with such facilities as will enable the verification of
information furnished in pursuance of this section.
(6) The power of the Minister to give directions
to the Commission under this section shall extend to
giving to the Commission directions as to—
(a) the disposal of capital assets;
(b) the application of the proceeds of
such disposals.
(7) Any direction given under subsection (6) may
require the whole or any part of the revenues of the
Commission to be paid into the Consolidated Fund.
32. The Commission may—
(a) undertake the collection, preparation,
publication and distribution of
statistics relating to minerals and
mining and promote and develop
instruction in training in mineral
exploration and mining by
establishing or aiding schools or
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Penalties.
[6 of 1997]
Regulations.
Transfer of
assets and
liabilities and
transitional
provisions.
other educational institutions or in
such other manner as it thinks fit;
(b) make or assist in making, such enquiries,
experiments and research, and collect,
or assist in collecting such
information as it considers, important
for the purpose of promoting mineral
exploration and mining and the
teaching of mineral exploration and
mining and publish or otherwise
disseminate the results of those
enquiries and experiments or that
research or information;
(c) make, or assist in making, such inquiries
as it deems necessary for the purpose of
securing an adequate supply of
minerals and mineral products.
33. Any person guilty of an offence under this Act
for which no special penalty is provided is liable on
summary conviction to a fine of eight thousand two
hundred and fifty dollars and to imprisonment for three
months.
34. The Commission may, with the approval of the
Minister, make regulations which, in the opinion of the
Commission, are necessary or expedient for the carrying
into effect of the purposes of this Act.
35. (1) The assets of the Geological Surveys and
Mines Department (including rights and interests) are
hereby transferred to and vested, without further assurance,
in the Commission.
(2) As soon as practicable after the coming into
operation of this Act (hereinafter referred to as “the
appointed day”) the Commission shall, by way of
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compensation for any property vested in the
Commission by virtue of this section, issue to the
Government debentures or debenture stock of such nominal
value and bearing such interest rates and repayment dates
as may be agreed upon between the Minister responsible
for finance and the Commission.
(3) Liabilities incurred by Government exclusively
for the purposes of the Geological Surveys and Mines
Department or incurred therefor under agreements duly
contracted in the carrying out of its functions by the
Department, before the appointed day shall, in so far as
may be, discharged by, and be enforceable against, the
Commission as if the said liabilities had been incurred by
the Commission.
(4) Nothing in subsection (1) and (3) applies to
rights or liabilities under any contract of service.
(5) For the purpose of giving effect to the
provisions of subsections (1) and (3) in relation to
contractual rights and liabilities all such contracts shall as
from the appointed day be construed with all due
adaptations and modifications.
(6) All proceedings commenced prior to the
appointed day for the enforcement of any rights or
liabilities which are transferred or attached to the
Commission by virtue of this section may be continued by
or against the Commission, and any such proceedings may
be amended accordingly.
(7) Subject to subsection (8), the Commission shall,
as from the appointed day, continue to employ on such
terms and conditions as may be agreed on between the
Commission and him, any person exclusively employed
in the Geological Surveys and Mines Department before
the appointed day and any person who is so employed
by the Commission shall be employed on terms and
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conditions which taken as a whole are no less favourable
than those applicable to him immediately before the
appointed day.
(8) The Commission shall be the successor of the
Government in respect of any leave which may have
accrued to any such person as is mentioned in subsection
(7) who continues to be employed by the Commission, and
service with the Commission shall be other public service
within the meaning of, and for the purposes of such
provisions applicable in relation thereto as are contained in,
the Pensions Act.
Constitution of
the Commission.


Gazetting of
appointment.
SCHEDULE
1. (1) The Commission shall consist of—
(a) the Chairman who shall be appointed
by the Minister, but if no person is so
appointed, the Minister shall be the
Chairman of the Commission;
(b) the Commissioner;
(c) not more than twelve other persons
appointed by the Minister.
(2) The persons appointed by the Minister as
members of the Commission pursuant to subparagraph (1)
shall be persons who, in his opinion, are qualified for
appointment by reason of their experience of, and shown
capacity in, matters relating to the functions of the
Commission or matters which will be advantageous to the
Commission in the performance of its functions.
2. The names of the members of the Commission as
first constituted and every change in the membership
thereof shall be notified in the Gazette.
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Custody and
authentication
of the seal of the
Commission.
Meetings of the
Commission.
3. (1) The seal of the Commission shall be kept in the
custody of the Chairman of the Commission or the
Secretary and shall be authenticated by the signatures of
the Chairman or the Deputy Chairman or the
Commissioner, and the Secretary of the Commission, or in
such other manner as may be authorized by resolution of
the Commission.
(2) Every document purporting to be an instrument
under the seal of the Commission shall be received in
evidence and deemed, without further proof to be so
executed, unless the contrary is proved.
(3) All documents, other than those required to be
under seal, made by, and all decisions of, the Commission
may be signified under the hand of the Chairman or
the Deputy Chairman or the Commissioner or the
Secretary.
4. (1) The Commission shall meet at such times
as may be necessary or expedient for the transaction of
business, and the meetings shall be held at such places and
times and on such days as the Commission may determine.
(2) The Chairman may at any time summon a special
meeting of the Commission.
(3) The Chairman, or in his absence the Deputy
Chairman, shall preside at all meetings of the Commission,
and in the absence of the Chairman and the Deputy
Chairman from a meeting of the Commission, the
Commissioner shall act as Chairman at the meeting.
(4) Five members of the Commission shall constitute
a quorum for the transaction of business at meetings of the
Commission.
(5) Minutes in proper form of every meeting of the
Commission shall be kept by the Secretary and shall be
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Committees
and power to
delegate
functions.
confirmed by the Chairman or the Deputy Chairman, or the
Commissioner, as the case may be, as soon as practicable
thereafter at a subsequent meeting.
(6) The Commission may co-opt one or more persons
to attend any meeting of the Commission at which the
Commission is dealing with a particular matter, for the
purpose of assisting or advising the Commission, but any
such co-opted person shall not be entitled to vote at the
meeting.
(7) Subject to the provisions of this Act, the
Commission may regulate its own proceedings.
5. (1) The Commission may appoint committees as it
may deem fit to examine and report to it on any matter
arising out of or connected with any of its functions.
(2) Any such committee shall consist of at least two
members of the Commission together with such other
persons, whether members of the Commission or not,
whose assistance or advice the Commission may desire.
(3) Where persons, not being members of the
Commission, are members of a committee appointed
under this paragraph, the Commission shall pay to each
of such persons in respect of his membership of such
committee such remuneration and allowances, if any, as the
Minister may determine and such sums shall properly be
payable out of the funds and resources of the Commission.
(4) The Commission may reject the report of any
such committee or adopt it whether wholly or with
modifications, additions or adaptations as the Commission
may think fit.
(5) Subject to the provisions of this Act the
Commission may delegate to any committee or member or
officer of the Commission the authority to carry out on its
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Disclosure of
interest by
member of the
Commission.
Protection of
members of the
Commission.
Remuneration
of members
behalf such functions as the Commission may determine.
6. (1) Any member of the Commission whose
interest is likely to be affected, whether directly or
indirectly, by a decision of the Commission on any matter
whatsoever, shall disclose the nature of the interest at the
first meeting of the Commission at which he is present after
the relevant facts have come to his knowledge.
(2) A disclosure under subsection (1) shall be
recorded in the minutes of the meeting of the Commission
and, after the disclosure, the member of the Commission
making the disclosure shall, unless the Commission
otherwise directs, not be present at or take part in the
deliberation or vote at any meeting during the time when
that matter is being decided by the Commission.
(3) For the purposes of this paragraph, where the
interest of parents, spouse or children of any member of the
Commission is likely to be affected directly or indirectly by
a decision of the Commission on any matter, such interest
shall be deemed to be the interest of that member.
(4) The Minister may revoke the appointment of any
member of the Commission who contravenes or fails to
comply with the provisions of this paragraph.
7. (1) No member of the commission is liable for any
act done or omitted to be done by the Commission in good
faith in the course of carrying out its functions.
(2) Where a member of the Commission is
exempt from liability by reason only of the provisions
of this paragraph, the Commission is liable to the extent
that it would be if the member were a servant or agent of
the Commission.
8. The Commission shall pay to each of its members
(other than the Minister or the Commissioner) in respect of the
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Commission.
of his office such remuneration and allowances, if any, as
the Minister may determine, and to the Chairman (if he
is not the Minister) and the Deputy Chairman, in respect
of his office such remuneration and allowances, if any (in
addition to any remuneration and allowances, to which he
may be entitled in respect of his office as a member) as may
be so determined.
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