Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698071514613.pdf (Guyana)
GUYANA ACT No.

20 OF 1997 INTEGRITY COMMISSION ACT 1997 J. assent.

SAMUEL A. HINDS, President.

24th September, 1997 ARRANGEMENT OF SECTIONS PARTI PRELIMINARY SECTION 1.Short title.

2.Interpretation.

PRJCE: $ 300.00 - To be purchased from the Office of thie President; Georgetown; Guyana.

PRINTED BY GUY ANA NATIONAL PRINTERS LTD. No.

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1997 2 PART II INTEGRITY COMMISSION 3.

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31. of Integrity Commission.

of appointment of chairman and other members.

of appointment and resignation.

or proceedings before Commission by member.

iri matter Establishment Tem,s and conditions Termination Oath of office.

Interest Functions Sittings Procedure Funds of Commission.

Officers and employees of Commission.

of Commission.

of Commission.

of Commissim:.

PART III FINANCIAL DISCLOSURE affairs.


of financial and examination or the President to file decl,ration Declaration Trust property.

Full disclosure.

Blind trusts.

Receipt Commission Failure Commission information Further declarations.

Offences Prosecutions.

Expenses incurred and penalties.

of declarations.

may require further particulars or furnish particulars.

may hold formal inquiry.

from members of Commission in respect of their in preparation of declarations tax deductible.
PART IV CODE OF CONDUCT of this Part in addition disciplinary to and not in derogation authority preserved.

of certain Acts.

Provisions Powers of appropriate Code of Conduct.

Complaint may reject Commission Investigation of bteach Report to Director of Public to Commission.

complaint.

of Code of Conduct.

Prosecutim1s.

A.D. 1997] INTEGRITY COMMISSION 1997 [No.20 3 PARTV GIFTS 32.

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Report Penalty to Commission 32. for contravening of gifts.

section PART VI MISCELLANEOUS by Co_mmissioner of Police.

of information.

of Schedules.

by Commission.

Assistance Confidentiality Amendment Annual report Power of Commission Power of the Minister Constitutional Repeal of Integrity Commission Act 1991. to make rules, to make regulations.

privileges and Immunities not affected.


PART VII CREATION OF A NEW OFFENCE AMENDMENT OF CERTAIN ENACTMENTS WIDER APPLICA TJON OF ACT property of unaccounted Possession Act.

of Evidence Amendment Amendment Act.

Law (Offences) of Criminal Wider application of Act.

or pecuniary resource.

SCHEDULE Specified Offices SCHEDULE II Code of Conduct SCHEDULE III Forms No.

20] LAWS OF GUYANA [A.O.


1997 AN ACT to provide Commission securing for the establishment of an Integrity and to make provisions for the purpose of the integrity of persons in public life.

AD 19<)7 Short title Enacted by the Parliament of Guyana:- PART 1 PRELIMINARY I.

1997.

This Act may be cited as the Integrity Commission Act Interpretation 2.
In this Act - (a) "assets" of a person right or interest person means all property including any and money held by the in property in Guyana or elsewhere; (b) "chairman" means the chairman of the Commission appointed under section 3; ( c) "child" in relation child who has not attained and is not married child; adopted the age of eighteen years or an a step-child and includes to a person, means the person's of a man, includes and, in respect wedlock father by a court of competent the man had acknowledged a child born out of the or whom to be his own child; of whom the man had been adjudged jurisdiction Schedule I I ( d)"Code of Conduct" in Schedule I 1: means the body of rules con-tained (e)"Commission" by section 3; tablished means the Integrity Commission es­ Schedule 111 ( f) "Form" means a form in Schedule I I I; (g)''liabilities'' of a person means all the obligations goods or of the person to pay money or to provide in Guyana or elsewhere; services A.D. 1997] 5 INTEGRITY COMMISSION 1997 [No.20 (h)"member" means a member of the Commission appointed under section 3 and includes the chairman; (i)"person in public office and includes mentioned in Schedule 1; life" means a person a person in section who holds any specified or not 45 whether (i) "specified office" means and office listed in Schedule I; Schedule I (k)"spouse" includes reputed wife and reputed husband; (l) "tribunal" means any person appointed a tribunal under section 21; PART 11 INTEGRITY COMMISSION 3.
(1) There is hereby established Integrity two nor more than four other members.

which shall consist a commission of a chairman Commission to be known as the and not less than Establishment of Integrity Commission (2)The Chairman qualified any other fit and proper person.

shall be a person who is or who was, or who is to be, appointed as, a Puisne Judge of the High Court or to the President (3)The other members shall be appointed appearing of, and shown capacity administration, discipline.
from among persons as having had experience public of justice, or any other in, law, administration or accountancy to be qualified service, finance social ( 4) The chairman President after consultation with the Minority Leader.

and other mem hers shall be appointed by the (5)The chairman full time or part time.
and other members may be appointed as either (6)The names of the chairman as first constituted mission shall be published thereof and other members of the Com­ and every change in the membership and in a daily newspaper.

in the Gazette (7)The Commission shall be a body corporate.

to the provisions of section for such period, 4.


(I) Subject member shall be appointed as may be specified ments and other terms and conditions other member shall be such as may be determined the Minority consultation with 5, the chairman or any other being not less than one year, him; and the emolu­ of the chairman by the President when appointing of appointment by the President and after Leader.

Terms and of conditions chairman and other members No.

20] LAWS OF GUYANA [A.O.


1997 6 (2)Except where the appointment of the chairman or other member is terminated eligible 5 (1 ), the chairman on the expiry of his term.

for re-appointment under section or other member shall be 5.
(I) The appointment terminated of the chairman if the chairman by the President or any other member may be or other member - (a)is convicted the Code of for the breach of any provision Conduct; of (b)is convicted of any other offence; (c)is guilty of misconduct inconsistent with his membership of the commission; (d)becomes of unsound mind or incapable of carrying out his duties; (e)becomes bankrupt or compounds with his creditors; (f)is absent, except on leave granted from all meetings held during two consecutive by the of the any three months in any period Commission, Commission months, or during of twelve months; (g)fails to carry out all or any of the duties or functions Act: conferred or imposed on him by this Provided that shall not be terminated opportunity reasonable under this subsection of being heard: unless the appointment of the chairman or other member he has been given a Provided thereof further that where an appointment shall with all convenient speed be laid before a concise the National is terminated report Assembly.
(2) The chairman or any other member may resign by letter addressed to the President.

of his or other member shall not enter upon the duties 6.The chairman office unless Constitution shall be deposited Prcsidcntia\ Secretariat.
he has taken and subscribed or a justice before a magistrate by the chairman or other member with the of the peace and such oath Head of the the oath of office set out in the A.D. 1997) INTfGRITY COMMISSION 1997 [No.20 7 or any other before the in any matter or any person who is a party to 7.

( 1) Where the Chairman member is interested Commission any proceedings Chairman disclose Commission sittings or other member so interested the nature of his interest to the in its or person.
and shall not participate to the said matter before the Commission the shall in relation Interest in matter or proceedings before Com­ by mission member.

or any person (2)Where in the opinion the chairman in any matter of the President or any before who is a party to the or the Commission, as the case direct the chairman or of the Commission other member is interested the Commission any proceedings President maybe, shall member not to participate Commission person.
or other in the sittings of the to the said matter or before the Commission, in relation (3)Where the chairman or any other of this section he member acts in contravention shall be guilty 5(1 )(c).

of misconduct under section 8.

( 1) The Commission this Act.

shall perform the functions conferred Functions of Commission.

on it by (2)The Commission shall have power to do anything of the Commission opinion formance of its functions or is incidental thereto.
is calculated to facilitate which in the the proper per­ (3)In the exercise and discharge of its functions, the Commission shall not be subject authority.

to the direction or control of any other person or 9.

(I) The headquarters but the Commission with the permission may hold its sittings of the President, of the Commission at any place outside Guyana.

at any other place in Guyana and shall be in Georgetown, Sittings of Commission.
(2)Where the chairman cannot for any reason any sitting attend and forming a quorum may elect of the members present the Commission, one of their number to act as chairman for that meeting.

(3)No sitting thing done in pursuance be invalid or ineffective of the powers conferred only on the ground that or decision of the Commission, or any other act or on it, shall be deemed to - (a)there was a vacancy in the membership of th� No.

20] 8 LAWS OF GUYANA [A.O.


1997 Commission in any particular or that any member did not participate of the Commission; sitting (b)there was any defect in the appointment tion of any person purporting thereof; or to be a member or qualifica­ (not calculated to (c)there was any minor irregularity or hardship to any cause any prejudice, person) thereof.

in the convening or injustice or conduct of any meeting (4)Three members of the Commission shall constitute a quorum.

Procedure of Commission 10.


(1) Subject thereunder, make rules for that purpose.

the Commission to the provisions of this Act and any regulations made its own procedure and may may regulate Cap.
19 03 form I (2)For the purpose of the performance 10, 11, 12 13, 14 and 17 of the Commissions apply to the Commission mutandis of Inquiry to the modifica­ under this Act of its functions subject Act, sections shall mutatis tions that- (a)a reference reference to the commissioners and to the Commission; shall be deemed to be a (b)the form of summons for the attendance of documents or production or shall be in of witnesses other persons Form 1.
Funds of Commission 11. be provided The Funds of the Commission shall consist to the Commission by or under any appropriation of such funds as shall law.

Officers and employees of Commission 12.

(I) The Commission available to it - may, acting within the funds and resources (a)employ a secretary as are required functions of the Commission; and such other officers for the proper performance and employees of the (b)retain the services of professional persons.
(2)The remuneration of the secretary employed and other terms and conditions of of the and employees persons (I) and of professional shall be such as may be determined or under that subsection under subsection and other officers employment Commission retained varied by the Commission from time to time.

(3)For the purpose of the performance on the Commission utilise the services of any public officer it may, with the consent of the functions of the apprepriate conferred authority, of Government.
or other employee A.D. 1997) 9 INTEGRITY COMMISSION 1997 [No.20 28 of the Public Corporations Act 1988 shallNo 21 of19ss (4)Section mutandis mutatis officers) holding referred transferred corporation.
to therein, apply to public appointments in the public service officers, persons (not being public who are seconded, temporarily and teachers transferred or were a public to the Commission as if the Commission (5)The Commission may, with the approval as it deems appropriate make such provisions pension, gratuity officers and other employees with the Commission.
or other allowances on their retirement in respect for the payment of of its of the service from their employment of the President, (6)In subsection officer or other employee (3) "appropriate authority", of the Government, to any in relation means the person such public officer vested by law with power to appoint of the Government at the time when his service to the position is sought he held in the to be utilised by the public or authority or employee Government Commission.
PART III FINANCIAL DISCLOSURE 13.
( 1) Every person who is a person in public member of the Commission, shall - life, not being a Declaration of financial affairs (a)each year, on or before 30th June; and (b)where such person ceases thirty life, within person days from the date on which the in public life, to be a person to be a person in public ceases file with the Commission to in subsection referred each of the members of the Commission similar are required declarations by other persons ( 4) with reference in public life.
a declaration containing the particulars to the relevant date; and shall file with the President on or before the dates on which such declarations (2)Without prejudice to the provisions of subsection (I) - (a)every person who is a person of this Act shall, commencement from such commencement, mission referred date of such commencement; a declaration to in subsection life on the in public thirty days within file with the Com­ (4) with reference containing to the the particulars (b)every person who becomes life within of this Act shall, days from the date on which he becomes a in public life - after the commencement thirty person a person in public (i)if he is not a member of the Commission, file with the Commission; or No.
20] LAWS OF GUYANA [A.O.

1997 10 file with the (ii)if he is a member of the Commission, President, a declaration subsection a person becomes containing ( 4) with reference in public the particulars to in referred to the date on which he life.

and any person required year is not required same year.
to file a declaration in any under this subsection (I) in the under subsection to file another declaration under subsection (I) or (2) shall give full, true (3)A declaration particulars of the assets and liabilities and complete and the income during a period the relevant were held by that person in his own name or in the name of any other to which person) such person prior to of twelve months immediately the assets the declaration and children of the same: date, of the person filling as on the relevant has knowledge and of the spouse of such person to the extent (whether date, Provided that as regards assets referred to in paragraph 2 in Form 2 it shall be sufficient regarding the description and value thereof as stated in paragraph 2. to comply with the requirem�nts Form 2 ( 4)A declaration under subsection (I) or shall, as far as possible, by in Form 2 (5)In this section date" - "relevant (i)for the purposes of subsection (I), means the 30th June for the purposes ceases of subsection in public to be a person life, as the case may be; (I) (a) or the date on which a person (ii)for the purposes paragraph (a) or (b) thereof.
of subsection (2), means the date referred to in Trust property I 4.

Where a person in public trust for another public disclose the terms of the trust.

person, life holds any money or other property not being his spouse or child or another person in in life, he shall so state in his declaration but shall not be required to Full disclosure in public I 5.
(1) A person under section of himself reasonable life is required in respect and those of his spouse and his children, care should I 3, such details of the income, be known to him.
to disclose in his declaration, and liabilities assets as by the exercise of (2)For the purposes of a person and liabilities assets as agent or on behalf assets include other person the income, of a qeclaration under section in public life, his spouse .acquired, and liabilities by any held or incurred 13, the income, and his child shall of all or any of them.
(3) Any direct or indirect or his spouse or child must benefit accruing to the income or assets under in a declaration be disclosed of a declarant 13. section Blind trusts in public I 6.

(I) A person blind trust for the purposes the Commission.

life may place his assets or part thereof of this Act and file a copy of the trust deed with in a A.O.
1997] INTEGRITY COMMISSION 1997 [No.20 11 (2)Where the assets of a person in public life are placed in a blind trust, particulars placed he need not in his declaration of those assets than the amount and description of the assets under section 13, give more in that trust and the date of so doing.
(3)Notwithstanding a trust company, managing trustees, way of a blind trust, relating the assets shall reply fully to any inquiries and management to the nature of the assets of a person any other law relating to the duties of life by in public in the blind trust.
of the Commission an agreement (4)A blind trust is created trust with a qualified company - whereby when a person in public into life enters (a)all or any part of his assets or those of his spouse or to the trust company are conveyed children management, absolute person and control administration recourse entitled beneficially for the in its or report to the to those assets; discretion or persons without thereof, (b)income derived from the management in accordance be distributed, his spouse public or his children life; and with the agreement, to be a person until he ceases in of the assets is to to him, (c)after he ceases to be a person in public accounting the circumstances is to be made to him, his spouse of the management and full life, proper as or children of the trust require.
(5)A trust company is a qualified trust company where - (a)it is incorporated in Guyana and is carrying on business in Guyana; (b)no more than five per cent of the nominal shares in the trust issued by the person in public with it, or by any other person value of the company or its affiliate is held life entering into an agreement with him; and associated (c)the person in public life or his spouse or any of his or office in the does not hold any directorship children trust company or its affiliate.
of this section, (6)For the purposes company where it holds more than five per cent of the nominal another value of the issued shares in that other company or where that other company holds mor� than five per cent of the nominal shares a company is the affiliate in the first mentioned value of the issued company.

of another (7)For the purposes where that other person of this section, is - a person is associated with (a)the spouse or child of the person; or No.

20] LAWS OF GUYANA [A.O.


1997 12 (b)the partner commercial of the person in a professional, or undertaking; or trade, and the first ( c)a corporation son mentioned its holding corporation either.
(a) controls or a corporation in paragraph mentioned person or any per­ the corporation, with affiliated Receipt and examination declarations of 17.The Commission or the President, as the case may be, shall - (a)receive, examine and retain ments filed with it or him under this Act; and all declarations and docu­ (b)make such enquiries in order to verify or determine in the declarations as stated financial under this Act.
to file declarations who are required as it or he considers of the of persons the accuracy affairs, necessary or may Commissioner the President require further particulars a declarant or the President, 18.The Commission request financial affairs 17 (b) and the declarant shall specified necessary comply with the request or the President, as may be considered by the Commission therefor for the purposes to his of section as the case may be, may in writing as the case may be.
within the time to furnish such further particulars relating Failure to file declaration or furnish particulars who is required 19.Where a person accordance Commission the Gazette with this Act or the President, and in a daily newspaper.

to do so fails to file a declaration in or to furnish particulars under section as the case may be, shall publish the 18, the fact in Commission hold formal inquiry may 20.The Commission further declaration information or documents filed with it.
or other statement may in writing request a declarant an inquiry to furnish such any to verify and may conduct information Further from members of Commission in of their respect declarations of the President, from a member of the Commission are required the President 21.

( l) Where in the opinion documents declaration, appoint furnish such further information where found necessary, statement filed with the tribunal.
shall, a fit and proper person after consultation as a tribunal or documents to require and to conduct to verify the declaration, Leader, the declarant to any inquiry, or other document or further information of his in respect with the Minority (2)For the purpose of any inquiry under this section a tribunal may request reasonably in writing, believes that the declarant has knowledge or any other person who the tribunal into - to be inquired of the matters (a)attend before the tribunal at such place, at such time as may be specified it such information as it may require it is in possession or of all the material facts; on such date and to give by the tribunal, that itself to satisfy (b)furnish such information by the tribunal, or documents within the time specified as may be by the tribunal, so as to assist it in verifying the specified therefor declaration.
A.O.

1997) INTEGRITY COMMISSION 1997 [No.20 13 (3)An inquiry under this section shall not be commenced after five in respect of whose declaration the years from the date on which the person is being conducted inquiry ceased to be a person in public life.

( 4) In conducting an inquiry under th is section, have and exercise Commissions private.

all the powers of a commissioner appointed of Inquiry Act, save that the proceedings shall be held in Cap.
19 03 shall a tribunal under the (5)Where after an inquiry had in fact made full disclosure publish a statement to that effect in the Gazette a tribunal it shall in his declaration, and in a daily finds that a under this section declarant forthwith newspaper.

(6) Where after an inquiry that the declaration proper, expenses three months of the tribunal's findings.
which gave rise to the inquiry shall be reimbursed incurred the declarant reasonably finds a tribunal was in fact full and from the Consolidated Fund for all with the inquiry by him in connection under this section within 22.
Any person who - Offences and penalties (a)(i)fails, without Commission a declaration accordance reasonable cause, or the President, to file with the as the case may be, which he is required to file in of this Act; or with the provisions (ii)knowingly President false in any material particular; Commission that is not complete files with the a declaration or the or is or (b)fails, without reasonable cause, to comply with a request section or a tribunal, 18 or 21 (2) by the Commission, the made under therefor the time specified President or the tribunal, by the Commission, as the case may be, or gives incomplete or false information pursuant to the request; the President within or ( c) fails, without reasonable under section cause, to attend an inquiry to a request 21, pursuant 21 (2), or to furnish any information the the declarant to furnish under that gives any false or incomplete being conducted under section tribunal section information may request or knowingly in such inquiry, thousand to a fine of twenty-five for a term of not less than six months nor involves which should have been disclosed conviction, on summary and to imprisonment shall be liable, dollars more than one year, and where the offence by the declarant, of property, declaration, to make full disclosure within to comply with the order of the magistrate shall be deemed to be a continuing offence be liable to a further fine of ten thousand the offence continues.
the magistrate of the property convicting dollars the person shall order the person a given time and on failure within the given time, the said for each day on which and the person shall offence in the the non-disclosure, No.

20] !�WS OF GUYANA [A.O.


1997 14 23.No prosecution for an offence under section 22, shall be instituted - Prosecutions (a)without Prosecutions; or the written consent of the Director of Public (b)after five years from the date when the person in offence of whose declaration was respect committed, ceased to be a person the alleged in public life.
incurred Expenses in preparation of declarations tax deductible Cap 81 0 I of the Income Tax Act, all disbursements incurred reasonably 24.For the purposes expenses life in connection furnished wholly and exclusively assessment.
by him under this Act shall be deemed to be incurred with the preparation required of a declaration to be by him his income for that year of in acquiring in a year of assessment by a person and in public PART IV CODE OF CONDUCT of Provisions of this Part in addition to and not in derngation certain Acts Cap 8 0 I Cap 8 02 Powers ot appropriate disciplinary authority preserved Code of Conduct Schedule 11 25.The prov1s1ons derogation Summary Jurisdiction to and not in Act, the Act or any other written Law (Offences) of this Part shall be in addition of the provisions of the Criminal (Offences) law.
26.The provisions conferred upon the appropriate disciplinary authority prejudice to the powers by the Constitution.

of this Part shall be without 27.

(I) There is hereby of rules contained in Schedule being the body a Code of Conduct, life.

in public 11, for every person established (2)Any person in public the Code of Conduct twenty-five than six months nor more than one year.
shall be liable, dollars thousand life who is in breach on summary and to imprisonment of any provision conviction, to a fine of of not less for a period of 28.
(I) Any person who has reasonable person in public Conduct of breach of any provision in writing may make a complaint that any to believe of the Code of to the Commission life is guilty grounds stating - Complaint to Commission (a)the particulars of the breach; (b)the particulars, as far as they are known, of the person against is made� whom the complaint A.O.
1997] INTEGRITY COMMISSION 1997 [No.20 15 (c)the nature of the evidence in respect that the nplainant of the complaint; to produce proposes and ( d) such other particulars as may be prescribed by regulations by the Minister.

(2)A complaint to the Commission or may be sent by registered under this section post to the chairman.
may be presented in person, (3)A person who makes a complaint shall be guilty or spiteful of an offence and shall be liable on which is frivolous, mischievous summary conviction months imprisonment is convicted person.
to a fine of twenty-five and the nature of the complaint thousand dollars and two for which the person shall be published in a daily newspaper at the expense of such 29.Where a complaint 28, the Commission necessary, examining Commission that- is of the opinion has been made to the Commission under section after considering the complainant, the complaint may reject and, where found if the the complaint Commission reject may complaint (a)the complaint is frivolous or that it does not pertain to a matter the Commission with under this Act; or to deal is empowered (b)there has been after the complainant commission undue delay in making the complaint has come to know of the of: complained of the breach Provided that no complaint shall be rejected by the Commission without opportunity of being heard.
giving the person who made the complaint a reasonable 30.

(I) Where upon examination or otherwise, necessary of any provision the Commission of the Code of Conduct, to ascertain any person whether is of the view that an investigation life is guilty in public it shall inquire of breach into the matter.
made under section of a complaint Investigation of breach of Code of Conduct 28, is (2)The sittings in the course of the Commission or to to take evidence (I) shall be under subsection of any inquiry hear arguments held in public.

(3)The complainant and the person of whom any inquiry reasonable in the inquiry either notice of the proceedings or through personally is held under this section of the inquiry an attorney-at-law.

in public life in respect shall be entitled and to be represented to 31.
(I) On the conclusion Commission the Commission shall submit a report considers of any inquiry to the Director this necessary.

under section 30, the if Prosecutions Report to of Public Prosecutions of Public Director No.

20] LAWS OF GUYANA [A.O.


1997 16 (2) A copy of the report to the President submitted referred to in subsection (I) shall be (3)Where the Director of the report Prosecutions is satisfied, (I) and the supporting to in subsection of Public on the referred that any person in public under section 27 (2), he shall institute life ought to be prosecuted for and undertake criminal evidence, examination relevant an offence proceedings against the person in public life.
(4)Where on the conclusion finds it necessary Commission Public report control whatever action it may transmit Prosecutions, authority to the relevant over the person in respect charged under section 30 the of an inquiry of to submit a report where the circumstances a of disciplinary was made for of whom the complaint with the exercise to the Director so warrant, that body may think necessary.

(5)Where the Commission has forwarded Prosecutions Commission pursuant to the report.
a report under subsection in writing, and the President, to the Director (I), he shall inform the the action taken by him of Public PART V GIFTS Repon to Commission gifts of 32.

(I) Every person in public dollars ten thousand the name and address stating value of such gift and whether, gift or a State gift.
personal shall make life who receives a report of the donor, of that fact to the Commission the description and approximate a gift worth more than in the opinion of the donee, the gift is a (2)The Commission shall determine whether the gift is a personal gift or a State gift.

(3)The decision (2) shall be final.


section of the Commission made in pursuance of sub- ( 4)The provisions by a person in public life from a relative shall not apply to any personal or friend: of this section received gift Provided that a person in public life who is unsure whether gift may or friend is a State gift or a personal seeking its opinion a gift as to the proper classification from a relative received apply to the Commission of the gift.
(5)A report to subsection thirty life within under subsection ( 1) or an application under the proviso (4) shall be made to the Commission by the person in public days of the receipt of the gift.

(6)Where the Commission finds after inquiry that the gift was given A.O.
1997] INTEGRITY COMMISSION 1997 [No.20 17 to the person in public life personally and, (i)was trivial; or (ii)was not trivial, but was not intended or reward for doing or forbearing the course of the performance or causing any other person functions to do anything, forbearing to be a motive to do anything of his official from doing or in the Commission in other cases shall direct gift to the Minister not exceeding thirty person in public specified.
shall allow the person in public the person in public assigned responsibility days, as may be specified life shall comply with the direction life to retain life in writing for finance within the gift and the to deliver such period, by the Commission and the the time so within proceedings represented (7)The person of any inquiry in the inquiry, under subsection either in person or through (6) and shall be entitled to notice of the to be an attorney-at-law.
life shall be entitled in public 33.Any person in public life who - for Penalty contravening section 32 (a)makes a report to the Commission under section 32 (I)which is incomplete particular; or false in any material (b)fails to comply with the proviso to section 32 (4); or (c) fails to comply with a direction given by the Commission 32 (6), under section on summary conviction, to a fine, which shall shall be liable, less than the value of the gift involved and to imprisonment offence, for three months.
not be of the in the commission PART VI MISCELLANEOUS Assistance by Commissioner Police of requests in connection 34.Where the Commission assistance, of Police the Commissioner shall be the duty of the Commissioner of such assistance provision of Police for any by either of its functions, it Force, or by any other member of the Police or to ensure the with the performance the Commissioner to the Commission.

to provide of Police Confidentiality of information.
received by any member, in the course of the performance or by any officer or of of the Commission, of such person under this Act (including information of the by that person by virtue by any such member, or by to the extent in any document of this Act) shall not be divulged to any person, except necessary received 35.
(1) Any information other employee the functions contained provisions any such officer or employee, to exercise employee of any court or for the purpose or discharge as such member or officer or of any written for an offence.

or to comply with the provision of prosecution his functions law or the order No.

20] LAWS OF GUYANA 18 [A.O.

1997 (2)Any member, or any officer or other employee who contravenes mission summary conviction, be liable for two months.
and to imprisonment the provisions of subsection to a fine of twenty-five of the Com- on ( l ) shall, thousand dollars (3)Any person who receives as aforesaid, knowing at the time when he receives shall, of this section in such documents believe contravention munication document liable to imprisonment to him of the information was contrary to his desire, be guilty any information or anything con-tained or having reasonable ground to it, that it is communicated to him in unless he proves that the com­ contained or anything in any of an offence and shall be and thousand dollars on summary conviction to a fine of twenty-five for two months.
Amendment Schedules of 36.

The Minister of the National resolution may order, Assembly, which shall be subject amend any of the Schedules.

to negative Annual report Commission by shall, 37.

(1) The Commission the expiry of each calendar an account containing preceding calendar Commission in the performance before the expiry of three months after a report year, submit to the President throughout the of the Commission by the if any, experienced year and the difficulties, of the activities of its functions.
(2)The report, with any explanation in regard shall be laid before the National Assembly in to any matter stated of a period within the report, sixty days.

Power of Commission to make rules 38.

Subject thereunder, to the prov1s1ons of this Act and regulations made the Commission may make rules to regulate its procedure.

Power of the Minister regulations to make 39.

(1) The Minister regulations may, after consultation of this Act.
to carry out the purposes with the Commission, make (2)Without particular, - matters prejudice to the generality may provide of the foregoing, for all or any of the following and in such regulations (a)the procedure of the Commission; (b)particulars that a complaint under section 28 should contain; (c)any other matter prescribed by regulations under this Act.
that is required to be, or may be, Constitutional privileges and immunities affected not 40.For the removal not be deemed to affect or modify in any way any privilege granted of any office by the Constitution.

it is hereby declared to the holder of doubts that this Act shall or immunity of Integrity Repeal Commission 1991 No 21 of 1991 Act 41.The Integrity Commission Act 1991 is hereby repealed.

A.O.
A.O.

1997] 19 INTEGRITY COMMISSION 1997 [No.20 PART VII CREATION OF A NEW OFFENCE AMENDMENT OF CERTAIN ENACTMENTS WIDER APPLICATION OF ACT in public disproportionate 42.

(I) Where a person who is or was a person other person on his behalf, pecuniary resource first mentioned evidence was acquired liable, not less than six months nor more than three years.
is found to be in possession to the known sources and that person fails and shall be for a term of to a fine and to imprisonment to prove that the possession means, he shall be guilty conviction, of the property or pecuniary of an offence to produce on summary of income of the by lawful person, satisfactory resource or any life, Possession unaccounted or of property property or pecuniary resource of which cannot or pecuniary (2)In imposing a fine under subsection under that subsection, of an offence value of the property person, other lawful and such fine shall be equivalent aforesaid the said person.
or pecuniary (1) on a person the court shall have regard to the resource in the possession of that for by his known sources of income or or pecuniary of the property to one and one half times the value of the resource means of acquisition be accounted property found guilty found to be in the possession of resource 43.
The Evidence Act is hereby amended - in the following respects Amendment of Evidence Act Cap 5 03 (a)in the definition of "bankers book" in after the words "business insertion, words "and any electronic which particulars bank are stored"; or object made by the of any transaction equipment section 2, by the of the of a bank", on (b)in section I I, by the insertion, after the words "special cause" of the words "or pursuant Commission issued Act 1997" .
Integrity by the Integrity Commission to a summons established by the No of 1997 44.Section 332 (1) of the Criminal Law (Offences) Act is hereby amended - (a)by the substitution, of the words "In this Title"; Amendment of Law Criminal (Offences) Act Cap.
8 01 for the words "(I) In this Title", (b)by the substitution, of the words '(I) "public '; servant" ', for the words '"public servant:" (c)in the definition - of "public servant" (i)by the substitution, for the full stop at the end of paragraph (m), of a semicolon; No.

20] LAWS OF GUYANA [A.O.


1997 20 (ii)by the insertion, following paragraph after paragraph (m), of the as paragraph (n) - "(n) every person, other than a person in the preceding falling under any of the descriptions subparagraphs, office listed Integrity I of the Act 1997 ;".

Commission in Schedule who holds an No of 1997 Wider application of Act 45.
( life whether anything 1) Notwithstanding in Schedule or not mentioned in this Act, a person in I shall include - public public officers; officers of Regional Democratic Councils; officers of the Bank of Guyana; officers Banks; of State owned and controlled and agencies officers of public corporations (including corporate bodies the State or in which the controlling in the State or any agency on behalf and other bodies companies owned by by or under any statute) is vested interest of the State; established and members of Tender Boards, and the aforesaid subsection (2) not be if not mentioned in Schedule to file a declaration L shall, III.
under Part required persons, subject to (2)Where a complaint is made under section 28 m I, PA RT in Schedule not mentioned persons of any of the aforesaid respect III shall mutatis Commission make such declaration, within such information such time as the Commission in respect mutandis apply to such person if required and he shall supply to the to do so by the Commission of such year or years, - shall specify including or in such form (a)under section and liabilities his assets regarding 13, a declaration 15; in accordance with section (h) under sections trusts 14 and 16. declaration respectively; and blind trusts regarding ( c)under section required by the Commission, 18. such further information as may be in addition to any declaration to any information he is bound to make under the other provisions of this Act.
such person is bound to supply or in addition A.D. 1997] 21 INTEGRITY COMMISSION 1997 [No.20 SCHEDULE I SPECIFIED OFFICES S.2(i) The President of Guyana The Speaker of the National Assembly Ministers including Ministers of State Secretary to the Cabinet Parliamentary Secretaries Members of the National Assembly Members of the National Congress of Local Democratic Organ Members of the Regional Democratic Councils Clerk of the National Assembly Attorney-General (ifnot a Member of the Cabinet) Head of the Presidential Secretariat Director of Protocol, Office of the President Chief of Protocol, Ministry of Foreign Affairs Permanent Secretaries and Deputy Permanent Secretaries Ombudsman Director of the Public Prosecutions Deputy Director of Public Prosecutions Solicitor-General Deputy Solicitor-General Counsel Chief Parliamentary Deputy Chief Parliamentary Counsel.
Auditor General Deputy Auditor General Secretary to the Treasury Deputy Secretary to the Treasury Commissioner of Police No.

20] LAWS OF GUYANA [A.O.
1997 22 Deputy Commissioner of Police Chief of Staff, Guyana Defence Force Director General, Guyana National Service Commandant, Guyana People's Militia Memqers, Elections Commission Members, Judicial Service Commission Members, Public Service Commission Members, Police Service Commission Members, Teaching Service Commission Members, Public Service Appellate Tribunal Police Complaints Authority Heads of Diplomatic Missions of Guyana accredited to any other country or any international organisation Governor, Deputy Governor and Heads of Division of the Bank of Guyana Managing Directors and Managers of State owned or controlled banks Heads of all Government Departments Commissioner of Lands and Surveys Deputy Commissioner of Lands and Surveys Commissioner of Geology and Mines Deputy Commissioner of Geology and Mines Commissioner of Forests Deputy Commissioner of Forests Commissioner of Inland Revenue Deputy Commissioner of Inland Revenue Comptroller of Customs and Excise Deputy Comptroller of Customs and Excise Judges of the Supreme Court Presidential Advisors A.D. 1997) INTEGRITY COMMISSION 1997 [No.20 23 Magistrates of Title Commissioner Registrar of the Supreme Court Registrar of Deeds State Solicitor, Official Receiver and Public Trustee Chief Planning Officer Chief Executive Officer, Deputy Chief Executive Officer and Heads of Public Departments, Corporations Secretariat Chairmen, Managing Chief Executive Directors, of all and Heads of Departments Officers, General Managers other bodies corporate and
 agencies (including companies and bodies established which the controlling of the State on behalf owned by the State or in in the State or in any agency by or under any statute) corporations, interest is vested public and Vice Chancellor, Registrar, and Deans of Faculties of the University of Guyana Registrar General • Chief Elections Officer and Commissioner of Registration Mayors and Deputy Mayors and Town Clerks and other towns Town of New Amsterdam of the City of Georgetown, Members of the Integrity Commission Regional Executive Officer and Heads of Departments of Regional Democratic Councils NOTE: Where not less than twenty per cent of the nominal shares of a company is held by the Government value of the or any issued of this Act agency on behalf of the Government, it shall be deemed that the company is controlled by, or the controlling or any agency interest on behalf in the company is vested of the Government.
for the purposes in the Government No.

2.01 LAWS OF GUYANA [A.O.

1997 24 SCHEDULE II s .
2( d) CODE OF CONDUCT No person in public life shall - (a) in return for anything done, or to be done, or omitted ask for or accept of his duties, benefit or any money, property, to be for done in the execution or any person, himself favour entitled of any kind over and above that which he is lawfully to receive for the performance of his duties; (b)in the course of the performance of his official functions against discriminate conditions matters political because opinions, and privileges any person with respect of employment to terms, or other official of such person's colour, creed or gender; race, place of origin, or for anyone else accept from any one, save personal or personal ( c) for himself advantage or friend, or reward for doing or forbearing of his official functions performance person from doing or forbearing to do anything in the any other or causing to do anything: any gift, benefit gifts from a relative than as a motive gifts given otherwise or Provided on behalf course that this provision of the State by any person in public shall not apply to gifts received life in the of his official functions; of the performance ( d)allow private improperly public duties; interest to conflict his conduct with his public in the performance duties or of his influence (e)allow the pursuit proper discharge of his private of his public interests duties: to interfere with the Provided his public duties; that any conflict between duties shali be resolved his private in favour of his public interests and (f) use his official furtherance in regard matter influence of any contract to which he has an interest; in support of any scheme or in or proposed contract or other advantage, (g) for his personal communicate official duties, information duties the contents or mater acquired which are not available to anyone except in the performance of his of any document, or any in the course of his official benefit or gain, make use o[ or to the public; (h)use or allow the use of public property (including equipment, for official supplies ly approved or services purposes; for any purpose money), other than A.O.
1997] INTEGRITY COMMISSION 1997 [No.20 25 (i) during the performance which amounts contact of his official duties, to offensive or other conduct of conduct gestures or physical of that kind; pursue a course sexual comments, U) in the course a course of conduct for his sexual authority of the performance of his official by which he exploits gratification; duties pursue or his position (k)in the course of the performance of his official duties, abet, counsel, procure commit a breach of any of the provision Conduct.
or command any other person aid to of this Code of No.

20] LAWS OF GUYANA [A.O.

1997 26 SCHEDULE III FORMS FORM I SUMMONS TO WITNESS BEFORE THE INTEGRITY COI\WISSION A.

8., Complainant C.D., (Name of Person Conduct) in public life alleged to be in breach of the Code of To E. F. '• of Whereas complaint has been made before the Integrity Commission for that C. D ...................................................... .
concisely the substance that you are likely of the complaint) to give material and it has been made to appear to that evidence on behalf of the complainant/ (State Commission in public person life in this behalf:- you to be and appear This is to require o'clock ........................... the .................................... ..

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before the Commission of the said complaint.

.. on .............................. at.

............................... what you know concerning to testify the matter in the said Dated this day 19 ... (Signed) Chairman ........................ of the Integrity .

Commission.

FORM 2 DECLARATION OF INCOME, ASSETS AND LIABILITIES Name of Oeclarant ...................................................... .
Address .......................... ..................................... .

Name and address of spouse and children of Declarant .......................... .

INTEGRITY COMMISSION 1997 27 [No.20 A.O.

1997] 1.Income: (state or receivable Income received as director cash and any other receipts or consultant, commission, or transfers.
name and address of each source) bonus, dividends, professional as salary, fees fees, rents, 2.Assets: (a)Description, and value in the opinion of the declarant, thereof, latest valuation for its acquisition this should if any, and the purchase (where land and buildings therenn be shown separately from land owned without buildings).

including a copy of the price or other consideration are owned by declarant, (b)Cash in Bank: (Identify each bank separately and state amount.
( c)Life Insurance Policies: (Identify value if any of policy and date of maturity).

each company separately, state annual premiums, cash surrender (d)Shareholdings in companies (List each enterprise shares separately, held and their current and holdings the nature value in the opinion in partnership of its business and joint ventures: and the number of of the declarant).

( e)Directorship and partnerships: (Identify or partner).
nature enterprise, of its business and date of appointment as director (t) Other Assets: Motor Vehicles Boat Bonds Government Gifts Trusts Other.

3.Liabilities: (a)Mortgages Debts (b)Judgment ( c)Other Debts No.

20] LAWS OF GUYANA [A.O.

1997 28 Dated this day of 19.


Declarant I ...................................... hereby declare that this declaration gives full, true and complete particulars of the assets and liabilities as on the relevant date, that is a period ................................ and the income during of twelve months immediately prior to that date, of myself, and of my spouse and children to the extent to which I have knowledge of the same.

Declarant Passed hy the lVational Assemh(v J 997. on 21st .fu(v, FA.
1\'arutn Clerk of the Nation.it /\s,;emt,l\ ( BILL No.

l 7 1995)