Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698072042388.pdf (Guyana)
6T� ¥,AR -, 1971 THE OFFIClAL GAZETTE-LEGAL SUPPLEMENT-B 63 ' No.

4 of 1971 REGULATIONS Made Under THE NATIONAL INSURANCE AND SOCIAL SECURITY ACT, 1969 (No.

15 of 1969) IN EXERCISE OF THE POWERS CONFERRED ON ME BY SECTION Sl OF THE NATIONAL INSURANCE AND SOCIAL SECURITY ACT, 1969, I HEREBYMAK.E THE FOLLOWING REGULATIONS:- 1- These.

Regulations may be cited as the National Insurance and Social Security National inafter (Industrial Insurance!
and Social Benefit) (Amendment) (Industrial Regulations, Benefit) 1971 and amend the 1969 here­ Regulations, Security referred to as t-he Principal Regulations.

2.
The Principal Regulations are hereby amended ,in the follow�ng re- _:_ spects (a)In regulation 2 - (i)the following ti-on of the expression ' "average wage" means- ( a)in the case of a person paid monthly, the,total amount shall be substituted ;wage'' - definition "average for the defi:hi­ of to the month in which wages paid for the month previous the )relevant accident occurred; (b)in the case of a person paid weekly or fortnightly, w.eek, or fortnight, amount of wages paid for each complete for the period of four weeks previous divided the,relevant accident oc.curred to the week in which by four; the total (c)in the case of a person who was not employed of the period for the whole employer weeks as prescribed wages paid or payabledn divided by the number of days worked for him in that period and multiplied in sub-paragraph that period by the last employer by the same 1of one month or four (a) or (b), the total by six; I I � ( d)in the case of a person employed or monthly fortnightly continuously or otherwise, in the basis, · as the case may be, ·not being on a weekly,, period of one m'onth or four weeks, up to and includin.!!
weekly wages payable category category is no such person so employed, same category employed in the same class of employment at the same work by the same employer, or if there and in employed in the same class of employment by such a person in the the accident, to a person employed I in the same , the day of the relevant , and in the same locality; ( e)•.
in the case of a person who on the day of, the relevant acci­ dent commenced his employment with an employer not being 64, THE OFFIC'IAL GAZETTE-LE.GAL SUPPLEMENT-B 1 ..• the I employer or employers in the period accident, employer for the day of the accident the total wages paid or payable of four weeks prior to the day of the relevant for whom ·he had been working multiplied ,by his present by six;'; of the (ii)the following proviso shall be added to the definition .
,· wage" - "Provided that where a person bas paid or has expression "relevant forther with with or 'has ,paid and has been credited in Group V, but whose number of contributions per week or two wage 'is no.t less than1 sixty dollars and sixty dollars per month, the relevant weekly rate benefit been credited the greatest average hundred that person shall be sixty-five of injury 1doilars.

and his shall be thirty-nine dollars;".


wage of ('b) In regulation 4 ( l} - (i)the word "durin_g'' shall be substituted after the 1word "benefit"; where it appears for the word "for" (ii)delete of the paragraph the remainder word "only" and sulbstitute period.of be entitled ·day of such incapacit tion 3".
incapacity to receive, for work exceeds such ·benefit y subject · three days he shall with effect from the first to·· the provisions · of Tegula- the words "where, -with the commencing the continuous ( c)All the words commencing with the words "for the period" and from regulation ending with the ,word "accident'' .

.

7(3).
.

7(3).

shall be deleted (d)(i) Regulation 8 shall be renulmbered as ,regulation the words "serious "own".and "misconduct" inserted, between in su:b-paragraph and wilful" (a); , 8(1) and the words paragraph s'hall (ii)the following paragraph " (2} For the purposes of this regulation, - ful misoonduct'' includes ( 2} th�reof - and wil­ "serious.
be added to regulation 8 as (a)the claimant being uhder the influence of drugs or intoxicating drink; or (b) a contravention or otherwise, of ensuring the safety of any law, regulation expressly or order, made or health or of preventing accidents statutory whether for the 1purpose persons, of employed to tlbem, if ,the contr�ntion deliberately or with a reckless terms of such law, r.egulation was committed disregard or order; or , of the (c)the wilful removal or disregard by the claimant ·of any safety gua:rd or other device which he knew to have been provided for the purpose of securing the, safety of insured persons; br -,.
: ( 6 MAR., 1911 'tHE 0FFrciAL GAZETTE-LEGAL SuPPLEMENT-:8 65 .

,:;" l, t, 1' , (d)any other act or omission which the Director may, having regard to all the circumstances an accident, misconduct.".

t-0 be serious and wilful determine of {e) In regulation (i)the word "during" shall be substituted 9 � .

for the word "for" in paragraph ( 1 ) ; (ii)the words " ( excluding Sunday or such other day in each week as shall have ;been determined shall 'be deleted from paragraph.
(l); under regulatio n 3)" (iii) the word "pa ragraph" shall be substituted fur the word "sub- .

paragraph'' in paragraph 3 (a) .
(f) Sub-paragraph ( lettered inserted as/ sub-paragraph as sub-paragraphs c) of para,g.r,aph ( 3) of regulation ( e), and the following 9 shall be re­ sub-paragraphs (c) and (d) respectively - " ( C) from at not less than fifteen be assessed resulting loss of faculty to which the claimant would, but for the provisions In any case where the extent of disablement the relevant of thi� sub-paragraph, per centum any disability both of the relevant a result disease received shall be treated relevant count of any such disablement would not have 1been sulbject claimant had never occurred: accident as .
or after the ,relevant as a result shall take ac­ to which the if the relevant or contracted as having been incurred to the extent thereto and the assessment and of some injury loss of faculty is subject injury accident of the (d) attributable Provided resulting which the claimant as having been incurred that any such disab!l.ement under the Act shall only he treated, from which a claimant accident to an and a disease or to two or more accidents or dis­ is by virtue of as a r.esult of or dis­ foom one such ,aocident last in developed accident eases (as the case may be) against insured this sub-paragraph, of faculty the loss .
�se, bei,ng that one which occurred or point of time.

Where the injury of the relevant column of the Second Schedule whether injuries claimant as a result resulting inj� in the third colun_m of· the said such mcrease or reduction as may be reasonable where,.

having regard regulation, ,a re�sonable resulting in the circumstances of the case of thi� t1o the .

foregoing that degree of disablement one or more other .
suffered as shall be assessed such set against subject to the loss of faculty of that injury or not suoh injury so · specified, assessment from the relevant in the degree of disablement provisions , does not provide is one specified includes suffers injury.".

as a result by the ' of the extent of disablement Schedule, of that degree of disablement in the second .· to these Regulations, 66 •.

T)IE 6FFICIAL GAZETTE-LEGAL SUPPLEME�T-:13 ' (g).


The following regulation shall be added to the Principal l\egula­ tions immediately after regulation 9 ,- "SpeciiaJ OIIOV'ision in �itng ll)el[liod of iDca,pacjty 9A.

For the purposes of this Part, any day which by virtue of 3(b) is not 'treated in computing regulation be disregarded of injury for payment disregarded in determining to be paid".
,as a day of incapacity any period or disablement for work shall not days or the time but any such day shall be of consecutive benefit, the amount of injury benefit or disablement (h)In regulation 11 - (i)the words "as an in-patient shall be inserted of faculty" habilitation"; (ii)the word "benefit" for the relevant immediately after injury or loss the word "re- shall be substituted for the word " pen­ sion"; (iii)insert the words "and, in the case of a beneficiary grant, a disablement account received assessment· immediately made with respect to him under regulation a:fter the words "per centum''.
1 who has shall \be taken of the 9" ( i)In regulation 12 ( 2) ( b) ( i), the word "forty-five" shall ·be sub­ stituted for the word "fifty-five".

1 (j)In regulation word "after".
(k)Ln re�ulation 15 - 13(2) the word "of" shall be rubstituted for the (i)the words "Wlder the foregoing shall be added immediately tions" where it first appears in paragraph 1provisi ons of these Regula­ after the word "benefit" ( 1) ; , (ii)a colon shall be substituted for the semi-colon at the end of sub-paragraph proviso shall be added thereto - (b) of paragraph ( 1) and the following "Provided that where the dependant is the widow of the deceased, it shall not be necessary she is incapable of self-support;".
for her to prove that (1)In regulation 17 - (i)In the proviso to paragraph of.
•benefit dependants" but not the increases shall 1be substituted (a), the words "her ,basic rate for her awarded for the word "benefit"; already (ii)the following provis� shall be added after the proviso to paragraph (a) - "Provided entitled further to a gratuity, benefit in consequence equal to 52 , times the weekly rate of the basic 'benefit shall be that a widow who remarries of her basic rate of on termination of her re-marriage, to of an aniount 6TH" -;�R.� 1971 THE OFFiclAL GAZETTE-LEGAL SUPPLEMENT-B 67 which she was then entitled in respect awarded of dependants;'?
; but not of the increases already (iii).

the · following .

words , shall be added immediately after the word "education" age of sixteen years, capable in paragraph he is unmarried (c) - "or being above the in­ of work, so long as he remains and ,permanently so incapable".

(m)Regulation 18 of the Principal regulation Regulations is hereby revoked - therefor substituted and the following " 18 ( 1) The.
weekly rates of death benefit payable to those per­ sons who may qualify in the first column of Part II of the First Schedule shall be the ,rates set out in the second''column thereof, together as provided in the third column thereof, payable the, maximum •benefit payaible thereof; as set out in the fourth column for the type of ,benefit ,with the increases but not exceeding mentioned by the said dependant ( 2)Subject, to the provisions of paragraph ( 1 ) of regulation times the relevant ( 3) , .
the lump sum 15 shall be such a wage as may in to or ,dependants: be reasonable and pr,oportionate one hundred of the Director payable under paragraph sum not, e,iiceeding the discretion the loss sustained Provided two , thousand that in no case shall the lump sum b.e less than seven hundred dollars.
(3)Where the lump sum payable 15 and distributed by the Director regulation thereof results amount in excess from the Fund a periodical nuity which, according Board, is equivalent (1) ,of under paragraph ( 2) of an make payment tlo the beneficiary by the under paragraph beneficiary in lieu there·of, of an an­ approved calculations in , the award to an individual in that ca.se to the said amount: of $560, the Director shall, .
to actuarial Provided that, the annuity years shall be calculated years and shall not exceed : the amount of an orphan's granted after the age ·of sixteen ditions 13, 16, and 17 but, to the same con­ .

of such a pension."

,years, for the continuation of ·re�ulations shall be subject for a child under the age of sixteen at the age of sixteen pension under the provisions as if it were ceasing of the payment ( n)· The following-paragraphs shall be,.
added to regulation 19 as para­ of /rregulation of an accident with the pro­ graphs (3), (4) and (5) "(3 )· Anv entry of the appropriate particulars made in a book kept for that ptH"pose in .accordance 19A shall, visions of an accident after the happening some other person acting accident ( 4)In this regulation, ers" mean, in ·relation aipplies, person at the time of the accident.

the expression and "employ­ to any person to whom paragraph as the 1case may be, of that on his be'half, of this regu!Jation.
person or by notice for the purposes by the insured or employers, "employer" the employer be sufficient of the (1) if made as soon as practicable :::.6::8 _ _:_.:__ .

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:._ F��::..:IC_·I_AI:..,-'.. G_Az_E_T_T_E __ L_E_o_A_L_S_u_P_P_L_BM---, B _____ _;;t_ '�� E""N,...T_----' ,....... ( 5)In this regulation "appropriate and in regulation means the following - particulars" (a)the full name, address 19A, , the expression particulars , of the· injured ,, and occupation .person; (b)the date and time of accident; .

(c) the place where accident (d) (e)the name, address.
happened; the cause and nature of injU\ry; and occupation the notice, if other than the injured person.''.

of the person giving ( o)The following.

regulation in the Principal Regula­ tions after regulation shall be inserted 19 as regulation 19A - "Obli11ations of employe,s 19A.

( 1) Every employer shall take reasonable of every accidoot or agent in accordance the circumstances to his servant 19 · and, if there appears circumstances found by him as a result circumstances appearing circumstances so found.
with the provisions to him to be any· discrepancy of regulation between the of his investigation and the so givein, he shall record the from the notice of which notice steps to investigate is given to him or (2)Every employer shall on request furnish within such reasonable and pa·rticulars as shall be required period as may be required, - to the Director,· such information (a)of any accident or alleged accident of which to, ,or in respect of the death in respect 'benefit may be payable of, a person employed cident or alleged accident; ,or (b)of the nature of, and other relevant by him at the time of the ac­ to, any occupation lating of these Regulations or in respect under these Regulations been employed prescribed in which any person to whom, benefit was or is alleged of whose death, by him.
to have may be payable circumstances re­ for the pulrpOses No.
1'5 1969 of ( 3)Every owner or occupier an employer) of any pre­ (being undtr section employed 31 of the Act where no at the same time on or with a trade or business or place in connection to inspection mises or place liable less than ten persons are normally about the same premises carried on by the employer shall -'- (a)keep readily accessi'ble a book or books in a ,form a1>­ in which the ap1'ropriate par­ ( as defined, personal injury proved by the Director ticulars in regulation causing to a person employer may be entered by that other person acting on his behalf; every , such book, when it is filled for the 19) of any accident by the employed person or by some and (b)preserve period entry therein.".
of 3 years beginning with the date of the last 6T .. .✓ MAR., 1971 THE 0FFiclAL GAZETTE-LEGAL SUPPLBMl!NT-B (p) In paragraph capacity".

it appears shall l>e inserted for the second time.

(a) of regulatbn 27, the words "by reason of in­ after the word "or" where immediately ( q) Part III of the First Schedule by amended by inserting in the,first and second to the Principal Regulations is here­ the figmres "1 '' and "40" respectively columns to· the Principal at the beginning thereof.
is hereby Regulations, thereof (r)The Second Schedule amended (i)in relation in the following ,to Serial - respects No.

19, the number "45" shall he substi­ tuted for the number "40" in the third column; (ii)in relation to Serial No.

20, the number, "35" shall be substi­ tuted for the number "30'' in the third column; (iii) in relation,to Serial No.
22, the number "15'' shall be substi­ tuted for the number "14" in the third column; (iv)in relation to Serial tuted for the nutmber to S:erial (v)in relation No.

35, the number "5" shall be "4" in the third column; substi­ No.

54, the number "15" shall be substi- tuted for the number "10"· in the third column; (vi)in relation to Serial No.
55, the.number "10'' shall be substi­ tuted for the number "5" in the third column; (vii)the following words shall be substituted for the words in the second column in relation No.

65 - to Serial "Loss of one eye or of , the sight of one eye, the other being normal.

"; (viii)In Serial No.

66, the, following words shall be substituted for the words in the second coluJmn of the Schedule - (ix)In Serial "Loss or destruction, of the lens of one eye.

"; No.
"; No.

68(i) the word "Vertebra" shall be substituted for the word "Spine"; (x)The following words shal b.e added to Note 1. at the end of the Second Schedule "Where the rating percentage results number the assessment whole number.

"; and after the word at ten per centum higher "percentage'' - than that which is not a whole in an assessment shall be fixed at.

the next higher ·(xi) T,he, following shall be added .to the Second Schedule as Note 4 ....... "4.
If a joint or any other joint associated in an unfavouraJble the de­ of either for ankylosis disableme ,nt is ankylosed gree of d1sab!emef!t creased at the diiscretion board up to the degree sessed of the 'body affected by that joint.".

of the medical of the disablement for the I loss of, or for loss of use of, the limb or pa.rt with it irt the position, joint may be in- referee that would be as­ or medical Made this 3rd day of March, 1971.

N.I.
N.I.

2/3/9 Feb,•71 Minister W.CAR,R!NGTON, of Labour and Social Security