Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698070045786.pdf (Guyana)
Amerin<lian.

[Cap.

58.

1021 CHAPTER 58.

AMERINDIAN.

ARRANGEMENT OF SECTIONS.

SECTION.

1.Short title.

2.Interpretation.

p ART l.-AMERmDIAN DISTRICTS, AREAS AND VILLAGES.

3.Establishment 4.

Registered Amerindians entitled to reside of Amerindian Districts, Areas and Villages.

Areas or in Districts, Villages.

5.

Restriction 6.Offence.

on entry into District, Area or Village.

PART IL-REGISTRATION.

Officers.

of Amerindians.

7.

Registration 8.

Registration 9.

Manner of registration.


10.Production 11.Offences.

of certificate.

PART Ill.-PROTECTION OF PROPERTY AND LEGAL PROCEEDINGS ON BEHALF 12.Protection 13.Information of property.

and complaints.

OF AMERINDIANS.

PART IV.-APPOINTMENT OF CAPTAINS.

14.Captains.

15.Duties 16.Surrender of captain.

of equipment.

PART V.-LocAL GOVERNMENT.

17.District and Area 18.Village Councils.

19.Power of Commissioner Councils.

Councils.

to make rules governing the procedure of 20.Taxes.


21.Power of District, 22.Power of District, to impose penalties.

etc., Councils etc., Councils to make rules.

to investigate breaches of rules and 23.Offences.

24.Notes of evidence 25.Provisions relating to be submitted to penalties to the Commissioner.

recovered under sections 22 and 23.

PART VL-THE AMERINDIAN PURPOSES FUND.

Fund.

Purposes 26.The Amerindian 27.Investment of Fund.

28.Expenditure of Fund.

29.Accounts.

1022 Cap.

58.]

Amerindian.


PART VIL-EMPLOYMENT OF AMERINDIANS.

SECTION.

of Amerindians.

30.Employment 31.Contract persons.

32.Sections 33.Death of Amerindian to be in writing 19 to 24 inclusive of Cap.

103, to apply to agreements.

during employment to be reported to the and to be made in the presence of certain Commissioner.

34.Offences.

35.

(1) Supply of intoxicating liquor to Amerindians prohibited.

PART VIIL-INTOXICATING LIQUOR.

(2)Offence.

36.Penalty 37.Exemptions.


for possession of intoxicating liquor by Amerindians.

38.Averment PART IX.-MISCELLANEOUS.

that any person in complaint is an Amerindian sufficient evidence of that fact.

.

39.Regulations 40.Enticing wife of Amerindian.

41.Power of 42.Amendment of prior enactments 43.Power of Governor to exempt Amerindian relating to restrict Commissioner in Council to Aboriginal the operation from the Ordinance.

Indians.

and extent, of the Ordinance.

CHAPTER 58.

AMERINDIAN.


22 of 1951.

An Ordinance to make provision for the good Government of the Amerindian Communities of the Colony.

[1ST SEPTEMBER, 1953.]

Short title.

1.This Ordinance may be cited as the Amerindian Ordinance, 1951.

Interpreta­ tion.
Interpreta­ tion.

2.In this Ordinance- " Amerindian " means- ( a)any Indian of a tribe indigenous countries ; to the Colony or to neighbouring (b)any descendant of an Amerindian within the meaning (a) of this definition of paragraph of the Commissioner, should apply ; to whom, in the opinion the provisions of this Ordinance Amerindian.

[Cap.

58.
[Cap.

58.

1023 " district com.missioner in charge of a district District district perform the functions purposes Government com.missioner " means the district declared Ordinance and includes and established under the and includes Cap.

5B.
any officer authorised an assistant to for the com.missioner ; of this Ordinance of any of the provisions com.missioner of a district " intoxicating liquor containing spirituous liquor " means any distilled, any liquor nature, of an intoxicating ; liquor intoxicating officer and includes " officer " means any Government and includes fermented any or person authorised under this Ordinance ; by the Commissioner to perform any duties " the Commissioner and includes Interior, the Chief Secretary Com.missioner this Ordinance. "
means the Commissioner by in writing any officer authorised to perform any of the functions of the of of any of the provisions of the for the purposes DISTRICTS, AREAS AND VILLAGES.

in Council may by order- any portion an Amerindian E men o � 01:inclian of the Colony to be an Amerindian Village :t�:t!

a Area or an Amerindian " Villages.


"Area "or" Village to as a" District," referred tblisfh - sta p ART !.-.AMERINDIAN 3.The Governor (a)declare District, (hereinafter as the case may be); (b)declare cease to be a District, Area or Village that any such District, Area or Village shall ; or (c)vary the boundaries of any such District, Area or Village.

4.Every Amerindian shall be entitled registered under the provisions of this Area or to reside in a District, Ordinance Village.
Registered Amerindians to entitled in Dis­ reside Area or trict, Village.

5.

(I) No person other than an Amerindian shall enter or Restriction .

.

hin D" .

Ar V"ll Am .

di on entry remam wit any IStnct, ea or 1 age or any erm an into District without settlement the permission or encampment in writing of the Commissioner.

Village.

lawful excuse or without �ea or (2)Any person aggrieved by the refusal of the Com.missioner to grant such permission whose decision shall be final.
may appeal to the Governor in Council, 6.Any person who enters any District, as aforesaid otherwise Area, Village, Offence.

than in settlement accordance or encampment with the permission in writing of the Commissioner 1024 Cap.

58.]

Amerindian.

and without to a penalty lawful excuse of fifty dollars.

shall be liable on summary conviction PART IL-REGISTRATION.

Registration Officers.

7.The Governor shall appoint a fit and proper person to be the Registration such assistant as he may think fit.
Officer of Amerindians, and may appoint registration officers for such parts of the Colony Registration of Amerindians.

8.

(1) Every Amerindian shall be registered who has attained the age of registration by the assistant twelve years officer appointed for that part of the Colony in which he resides.
(2)Any person whose application or who is aggrieved for registration as an by the registration is refused Amerindian any other person sioner, decision Council whose decision and any person as an Amerindian, as aforesaid of the Commissioner may appeal to the Commis­ who is dissatisfied may appeal to the Governor with the in shall be final.

of Manner of registration.


9.Upon the registration of any Amerindian, the assistant registration such purpose, deliver shall send officer shall enter in a book to be kept by him for of the Amerindian, the particulars and shall to the Amerindian a certificate a copy thereof to the Registration in the like form, and Officer.

Production of certificate.

10.Every Amerindian registered as aforesaid, within a reasonable shall produce time when his certificate requested to do so by any officer.
of registration Offences.

11.Any Amerindian who, without (a)lends or gives his certificate reasonable excuse,- to any other Amerindian; or (b)is found in possession of the certificate of any other Amerindian, shall be liable twenty-five dollars.

on summary conviction to a penalty not exceeding PART Ill.-PROTECTION OF PROPERTY AND LEGAL PROCEEDINGS ON BEHALF OF AMERINDIANS.

Protection ef property.

12.


(1) The Commissioner of the property and management of the Amerindians, and may- shall undertake the care, protection (a)take possession ; of an Amerindian of, retain, sell or dispose of the property Amerindian.

[Cap.

58.
1025 (b)in his own name sue for, recover due to or belonging of or injury or other property damages for any conversion money or receive or to an Amerindian, to such property; any power (c)exercise which the Amerindian in the name of an Amerindian ; may exercise for his own benefit appoint of an Amerindian or agent of an Amerindian (d)in the name and on behalf to act as an attorney connected any person for any purpose Provided be exercised Amerindian, preservation : shall not that the powers conferred of the by the Commissioner except in so far as may be necessary for the of his property.
with his property by this section the consent without (2)The Commissioner of all moneys and other property under the provisions of this section.

shall keep proper received records or dealt with by him and accounts a district 13.
(1) The Commissioner, member of the police in his own name on behalf Area or Village District, court having jurisdiction or other matter alleged or any force may lay an information or complaint in a residing in the magistrate's the offence to hear and determine of any Amerindian comm1ss10ner, Information and complaints.

thaL person.
thaL person.

any person against against (2)The Commissioner, the proceedings officer shall watch and may, if necessary, appeal against Court of the Supreme Court, services of counsel, of the Amerindian as and in all respects he may think fit.

commissioner the district on behalf or an of the Amerindian, to the Full the and may in that Court retain any decision take such steps on behalf OF CAPTAINS.

appoint p ART IV.-APPOINTMENT 14.


(1) The Commissioner in writing of any District, Governor, be the captain time in like manner revoke appointment or revocation Gazette.

any Amerindian may, with the approval he may think fit to and may at any any such appointment.
Area or Village, Every such thereof shall be published in the of the Captai, s. (2)Every captain shall have all the powers and immunities of a rural constable, shall be subject Ordinance, and, subject of this to the provisions of the Commissioner.

to the control shall be supplied (3)Every captain at the public expense with a staff of office, a uniform an<l a short manual of the powers and duties of a rural constable.

B.G.-VoL.

II-14 1026 Cap.

58.]

Amerindian.

Duties of captain.


15.It shall be the duty of every captain to carry out such as may be issued to him by the Commissioner instructions district commissioner, Area or Village in respect to report not been registered Ordinance.

of which he has been appointed, to the district commissioner and who has any Amerindian 9 of this of section under the provisions to maintain order within the District, or the Surrender of equip­ ment.
16.Every captain shall, commissioner the district four weeks, and on failure conviction to a penalty on ceasing his uniform to do so, shall be liable to hole;!.

office, surrender and staff of office within on summary not exceeding twenty-four dollars.

to PART V.-LOCAL GOVERNMENT.

a.nd District Area Councils.

17.

{l} The Governor by or an in the Gazette, establish a District in Council may in his discretion, Council order published Area Council for any District or Area as the case may be.
(2)A District and an Area Council shall consist of­ Council ; commissioner (a) the district (b)a· district officer ; (c)the captains (d)such other persons within the District or Area; and as the Commissioner, may appoint.

with the approval of the Governor, {3}In appointing Council any Amerindian District or Area Council, due regard to the wishes of the inhabitants Area.
to be a member of a the Commissioner shall pay or of the District {4}Every person appointed to be a member of a District Council years, but shall be eligible or Area Council shall hold office for a period of two for re-appointment from time to time.

(5)At every meeting of a District Council the district commissioner of the district officer shall be Chairman for the purposes commissioner from any meeting, shall be Chairman.
or Area Council, In the absence the district {6}The Commissioner with the approval may revoke the appointment in Council Council person in place of the member whose appointment of any member of a at any time, and may in like manner appoint another is revoked.

of that meeting.

of the Governor Village Councils.

18.

(1) The Commissioner may establish a Village Council for any Village.

.Amerindian.

[Cap.

58 .


1027 (2)A Village Council and such other persons Village, regard to the wishes of the inhabitants appoint.

of the V ha.ving due i may llage, shall consist as the of the of the captain Commissioner, (3)Every person appointed to be a member of a Village Council eligible shall hold office for a period for re-appointment from time to time.

of two years, but shall be (4)At every meeting of a Village Council, the captain shall be the Chairman.
(5)The Commissioner of any another at any time, and may appoint is revoked.

in place of the member whose appointment member of the Council person may revoke the appointment 19.The Commissioner, with the approval may make rules prescribing to be followed Council, quorum and the procedure business Area and Village by District, of the Governor in Power of the number to form a qommis - sJOner o .

t of make rules m the conduct overning th e pro- cedure of Councils.

Councils.

g 20.
Councils.

g 20.

(1) A District Council, an Area Council or a Village Taxes.

Council District, may levy taxes upon the Amerindians Area or Village as the case may be.

in the resident (2)Any such tax shall be submitted for the approval the tax or the means of the as regards who may, either Governor proposed or recovery for the assessment allow the same, or make any variation, any increase thereto, thereof, alteration of the tax, as he may think fit.
of any such tax shall be paid to the district or amendment allow or dis­ except (3)The proceeds commissioner benefit has been levied manner as the Commissioner and raised, and shall be utilised or Village of the District, Area in respect and for such purposes for the of which it and in such by him exclusively may approve.

approval following 21.


(1) A District, of the Governor purposes- ( a)the provision, water supplies ; Area or Village Council may, with the in Council, make rules for any of the Power of District, etc., Councils make rules.

to maintenance of food and and regulation of the poisoning (b)the prohibition waters of any river or stream; (c)the improvement (d)the establishment (e)the development of sanitation; and regulation of agriculture of markets; and livestock; or pollution of the IT 14* B.G.-VOL.

1028 Cap.
1028 Cap.

58.]

A merirulian .
(j)the felling of timber, and the fees to be .paid in respect thereof; (g)prescribing or prohibiting certain methods of trapping; (h)the preservation of roads, buildings, culverts or airstrips; (i)the prevention (j)the prevention (k)the restriction of the manufacture of grass or bush fires ; ; of soil erosion piwarri or any similar (Z)prescribing ; liquor intoxicating the method of assessing means for the recovery prescribing and sale by public auction of the movable property defaulting Amerindian of a ; any taxes, and thereof by the seizure or possess10n of (m)regulating and prescribing the manner in which lands under the control of the Council may be used; and (n)for such other purposes as the Governor may, in Council from time to time approve.
(2)Any such rules shall, if approved, in the be published Gazette, in Council may appoint.

and shall come into force on such day as the Governor (3)The Governor in Council may at any time cancel or annul any rule made or in force under the provisions section.

of this Power of District, etc., Councils to investigate breaches of rules and to impose penalties, 22.
(1) A District Council, an Area Council or a Village Council may direct any captain to require any Amerindian within the District, to comply with any rules made under section nance, to appear before the Council.
Area or Village, who is alleged 21 of this Ordi­ to have failed (2)Upon the appearance of any Amerindian as aforesaid of such Amerindian, the Council shall proceed to investigate has failed to comply with the requirements before the Council, the matter in the presence that the Amerindian of the rule without reasonable upon the Amerindian Provided that the Council shall not hold any investigation impose any penalty under this section district commissioner : or in the absence of the the Council may impose ten dollars a penalty not exceeding and if satisfied or an officer.
excuse, by a Council under the provisions (3)Every investigation shall be conducted of this section regard to matters of form, and it shall be the duty of such Council to do substantial justice before them.

in all such questions in a summary manner without coming Amerindian.

[Cap.

58.

1029 (4)The district commissioner or officer, as the case may be, given at any proceedings under shall take notes of the evidence this section.
23.Any Amerindian to appear before a Council who refuses so to do under subsection when required possessed this Ordinance, or who, although so to do, fails to pay any penalty lawfully under the provisions Ordinance, shall be liable not exceeding 22 of (1) of section means of sufficient by a Council 22 of this to a penalty on summary conviction dollars.

of subsection twenty-five (2) of section imposed Offences.
has been imposed 24.Where any penalty under the provisions Ordinance, the district may be shall submit the notes of the evidence sioner think fit.

Notes of evidence 22 of this be sub­ or officer as the case mitted to the Com­ to the Commis­ missioner.
as he may on any Amerindian to vary or remit such penalty commissioner of subsection who may confirm, (2) of section recovered 25.All penalties and shall be deposited by him, for the benefit of the District, of sections under the provisions 22 Provisions relating to shall be paid to the district commis­ penalties by him in a Bank and shall be recovered under sections and 23. and 23 of this Ordinance sioner, utilized in respect purpose Area or Village 22 for such may approve.
and in such manner as the Commissioner of which the penalty has been imposed PART Vl.-THE AMERINDIAN PURPOSES FUND.

26.There shall be established a Fund to be styled the The Amerindian to as " the referred Amerindian Purposes Fund ") into which shall be paid all moneys lying to the credit Fund.

Fund.

Reservation of the fund known as the Aboriginal Fund (hereinafter Purposes Indian 27.The Fund shall be deposited with the Financial who may invest as the Governor thereon shall form part of the Fund.
the Fund or any may from time to time approve and part thereof the interest Secretary Investment of Fund.

in such securities 28.The Fund shall be expended for the benefit of the Amerindians as the Governor ture for which provision of the Colony shall be borne by the Fund.

may from time to time direct, but no expendi­ has been made in the annual estimates by the Commissioner solely Expenditure of Fund.

of the Colony in such·manner 29.The accounts of the Fund shall be kept by the Commis­ Accounts.
who shall prepare an annual account of the receipts of the Fund made up to the 31st December sioner payments and in eMh 1030 Cap.

58.]

Amerindian.

showing of the fund as certified year, together with a statement the cash balance Secretary, account Secretary, be submitted to the Director audited shall be laid before the Governor and of any other assets and statement shall, after approval the investments and by the Financial of the Fund.

Such annual by the Financial of Audit, and when in Council.
Employment of Amerindians.

PART VIL-EMPLOYMENT OF AMERINDIANS.

30.

(1) Any person who at the commencement of this Ordi­ nance has in his employ any Amerindian of the district continue Amerindian commissio commissioner, ner may approve.
on such terms and conditions may, with the consent to employ such as the district (2)Subject to the provisions of subsection no person shall employ any Amerindian of casual labour without district commissioner and conditions as the district commissioner the permission :first had and obtained, otherwise ( 1) of this section, than by way of the in writing and on such terms may approve.
by way of casual days at such rates as shall have may employ an Amerindian (3)Any person labour for a period of pay and subject been approved commissioner.

may be altered from time to time by the district not exceeding to such conditions by the district of service fourteen These conditions commissioner.

(4)Any permission by the district granted revoked Amerindian commissioner, to a District, to enter the employ of some fit and proper person.
at any time, and the by order of the district or may be permitted be removed, Area or Village commissioner may thereupon under this section may be six months, contained in this section, the in writing to any for any specified specifying the Amer­ on such person depositing with him (5)Notwithstanding anything commissioner may give permission not exceeding to be so employed, district fit and proper person to employ Amerindians period indians the sum of one hundred so employed, such sureties as may be approved, of the wages of the Amerindians.
revoked Such permission commissioner.

at any time by the district into a bond in such sum and with or upon entering and fifty dollars for the payment as security for every Amerindian without may be Contract to be in writing and to be made in tre presence certain 1 ers01.s of 31.

(1) Every person who desires otherwise than in the manner specified section with such Amerindian of the peace.
in the presence to employ an Amerindian in subsection (3) of of an officer or a justice 30 of this Ordinance shall enter into a written agreement Amerindian.

[Cap.

58.
[Cap.

58.

1031 (2)The agreement shall contain- ; of the services ( a)the names of the parties (b)the nature ; (c)the duration (d)the remuneration (e)a description of the employment thereto to be performed; to be paid by the employer; if any, to of the living accommodation, be provided ; and by the employer (f)the conditions on which the agreement may be deter­ party.
mined by either (3)The agreement by an officer or a justice Force and a copy of the agreement attesting party to the district of the peace, shall be in duplicate, and shall be attested or a member of the Police shall be forwarded by the commissioner.

32.The provisions abour Ordinance, L entered of sections shall apply to every contract of the Sections 19 19 to 24 inclusive toM of employment inclusive of into under the provisions of this Ordinance.

Ca.p.
Ca.p.

103 33.If any Amerindian employed his period of employment, davs, forward to the district of the death of such Amerindian, as will enable the deceased to apply to agreements.

under the provisions of this Dea.th of Amerindian the employer during commissioner employment to be with such together reported to be Amerindian the Com­ missioner.

to within dies during fourteen Ordinance shall, a notice particulars identified.
34.Any person who- (a)employs with the provisions any Amerindian otherwise of this Part of this Ordinance or an officer of the Commissioner the approval ; or than in accordance (b)without any Amerindian suffers in his occupation cause or excuse, to be or remain upon any premises or under his control without reasonable Offences.
shall be liable on summary conviction one hundred : dollars Provided that no person to a penalty shall be convicted the court that he did not know that the under this section not exceeding or on the premises, was an as the case may be, where he satisfies person employed Amerindian.

p ART VIII.-INTOXICATING 35.

(1) No person shall sell, to any Amerindian, liquor an Amerindian.

barter, supply or to any person LIQUOR.


Supply of or give intoxicating intoxicat ing for consumption liquor to Amerinclia.ns prohibit\lcl.

by '032 Cap.

58.J Amerindian.

O'fence.

(2)Any person who sells, any intoxicating liquor person of subsection conviction to a penalty (l) of this section or gives to any barters, supplies in contravention of the provisions shall be liable on summary not exceeding :fifty dollars.

Penalty for possession of intoxicat­ ing liquor by Amerindians.
36.Any Amerindian in any Area, District with the of intoxicating terms and conditions found in possession accordance to him in that behalf by the district liable on summary conviction twenty-five dollars.

to a penalty liquor otherwise or Village who is than in granted of a licence shall be commissioner not exceeding Exemptions.
37.This Part of this Ordinance shall not apply to- (a)the sale, barter, supply or gift of intoxica by the direction .ting liquor practitioner to be used in case of illness medical intoxicating district commissioner religion or sick.nurse liquor is supplied and dispenser, of a with the permission or an officer, or by a minister of a registered or where such ; or of (b)the manufacture ing liquor intoxicat cating liquor in accordance among Amerindians.
lmown as piwarri, and consumption by Amerindians of the intoxi­ or any similar with any custom prevailing 38.In every prosecution for an offence against any of the PART IX.-MISCELLANEOUS.

provisions of this Ordinance, that any person named therein sufficient of that fact unless evidence is an Amerindian shall be the contrary is proved.

an averment in the complaint Averment in complaint that any person is an Amerindian sufficient evidence of that fact.

Regulations.

39.
Regulations.

39.

(l) The Governor in Council the proper administration for any of the purposes generally (2)·w"ithou the Governor t prejudice in Council (a)prescribing of Districts, may make regulations Areas and Villages for and of this Ordinance.
to the generality of the foregoing, may make regulations- to the mode of removing Area or Village, or from one District, Amerindians Area or a District, Village to another; (b)prescribing moneys received (c)providing ; children of Amerindians the manner of keeping under the provisions for the care, custody accounts of this Ordinance and education ; of of any fd) prescribing under which the children A.m'lrindians may be apprenticed to or placed :in service with suitable the conditions ; persons of Amerindian.
[Cap.

58.

1033 g discipline and good order in Districts, (e)maintainin Areas and Villages (j)prohibiting ; and any rites and customs opinion welfare of Amerindians.

of the Governor in Council, which, in the to the are injurious 40.Every person, who entices other than an Amerindian, Enticing wife of with the wife of any Amerindian shall be .Amerindian.
two to a penalty not exceeding on summary conviction away or cohabits liable hundred and fifty dollars that no person Provided : where it is established wife was deserted his home.

shall be convicted to the satisfaction of the Court that the under this section by her husband and/or compelled to leave from the provisions 41.

(1) Th0 Commissioner so to do, grant a certificate Amerindian upon such Amerindian force, or regulations Amerindian.
for the purposes relating shall, may, where he thinks to any Amerindian it desirable Power of Commis­ such exempting sioner exempt Amerindians from the Ordinance.

of this Ordinance, and there­ remains of any Ordinance in while such certificate of any of the provisions to Amerindians, be deemed not to be an to (2)Any such certificate be revoked so to do.
of the Amerindian, he considers it desirable as aforesaid may, with t'1-e consent where by the Commissioner 42.Where the provisions of any Ordinance or made prior to the commencement to Aboriginal references enacted contain shall be deemed to be a reference of this Ordinance.

meaning or regulation Amendment of prior of this Ordinance enactments every such reference relating to Aborigine.I within the Indians.

to Amerindians Indians, to the provisions 43.


(1) Subject declare in Council Gazette, that this Ordinance parts of the Colony as may be specified Ordinance shall thereupon the Governor Power of Governor in the may from time to time, by order published in Council shall not apply to such to restrict the operation and this and extent of bave effect accordingly.

the Ordinance.
the Ordinance.

in such order, section, of this (2)Orders made under this section with respect as may be specified be published Ordinance to such provisions (3)The Governor this Ordinance in Council may from time to time of this to such of the provisions in such orders, and with respect may, from time to time, revoke, shall have effect accordingly.

alter or vary any order made under the provisions of this section.