Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698072110521.pdf (Guyana)
GUYANA No.

I G of 1971 REGULATIONS Ma.de Under THE NATIONAL INSURANCE A!lD SOCIAL SECURITY ACT, 1969 (Act No.

15 of ;'1969).

IN EXERCISE OF THE POWERS CONFERRED UPON ME Bl ,SECTIONS 47 AND 51 OF 'i'HE NATIONAL INSlilW!CE.

AND SOCIAL SECURITY ACT, 1969, I HEREBY MAKE THE FOLLOWING REGULATIONS:- PART I -PRELIMINARY Citation ,.

These Regulations and Commencemmt.


and Social Security (M:lriners may be cited as the National Insurance a:nd Share Fishennen) Regulations, 1971, and shall come into operation on 4th.October, 1971.

Interpretation.

2.

In these Regulations, unless the context otherwise requires - 1 employer" in relation i to a mariner or share fisherman means the owner or :manager of a vessel and where a mariner is entitled to a period of leave on pay at the termination of the period of-the voyage, the employer ' • .
'i '.

-,- • .
� - who w4s·the mariner's employer at the termination of the voyage; "manager" means, in relation to any vessel, the ship's " ' husband or other person to whom the management of the vessel is entrusted by or on behalf of the owner; and references to the owner of a vessel shall, in relation to a vessel which has been demised, be construed as referz:ing to the person for the time being entitled as charterer to possession and control of the vessel, by virtue of the demise or any sub-demise; and includes any person who is acting as agent of the ownor in the recruitment or payment of the master or any member of the crew, whether or not the function is combined with any other function in relation to the vessel; - 2 - "mariner" means - (a) a master or a member of the crew of any vessel; or (b)a person employed in any other capacity on board any vessel, whose employment on such vessel is insurable employment.
as specified in paragraph 2 of the First Schedule to the Act; "period �f the i.o yage" in relation to (a) a m3,rincr, means the period beginning with the first day when either the ·embarkation of passengers or the lo�ding of cargo for the voyage begin� and ending �th the last day when the disembarkatio n or unloading has been completed; . '
(b)a share fisherman, m�ans the period b�ginni� with �he first day on which_preparation of the fishing '· gear for the voyage begins and ending with the last day of the unloading of the catch for sale.

"share fisherman" means any person who is or has been employed in the fishing industry, whether or not under a .

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contract of service, as master or a member of the crew of any vessel, being a_ fishing vessel manned by more than .. one person and remunerated ' in respect of that employment ; in whole or in part by a share in the profits or gross earnings of the fishing vessel; and tho expression "the fishing vessel" means that fishing vessel of which the person is master or a member of the crew; 11tennination of the voyage" means the last day of the period of th� voyage.
-3- PART II -INSURANCE AND CONTRIBUTIONS Am?.

SHARE FISHERMEN OF MARINERS Modification or First ·,� Schedule to the Act.

J.

(t) In relation to· any vessel specified in :paragraph 2 or the First Schedule to the Act the reference to t1managerll shall include a manager as defined in r egulation 2.

(2)The First Schedule to the Act shall be construed and have e1fect as if the employment of a share fisherman, were included therein as insurable employm ent.

Contributions 4.
Contributions 4.

(1) Where a mariner's wages of mariners.

are paid at the end of the period of the 10yage instead of weeay or month�y, the employer shall pay a.contribution under regulation and 17 of the National Insurance .

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No.
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No.

22 of 1969 Social Security (Collection of Contributions) Regulations, 1969 for each contribution week in the period of the voyage at a rate calcuiated under the said regulation on the total wages for the said period divided by the total number of cc,,nt:ri bution weeks in that period, and for that purpose a part o� a week shall Q� reckoned as a week.

(2)For any period of leave on pay to which a mariner is'.

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.. entitled at the termination of the voy�ge, the elJI,Ployer shall pay a contribution under regulation 17 of the National Insurance and No.

22 0£ 1969.

Social S�curity (Collecti on of Contributions) Regulations, 1969 for each contribution week in the said period.

(J)· In paragraph ( 2), the expression "period of ];cave on pay" means the period immediately following the day on.
which the terminati.on of the voyage occurs and equal in length to the period of the leave on pay to which the mariner is entitled.

· 5.

( 1) For the purposes of the National Insurance and Social Contributions of share fis.hennen.

Security (Collection No.

22 of 1969.


· fisherman I s · share of the proceeds of Contributions) Rogtilations, 1969 a share of the ·voyage, whether that share is calcu1sted by reference to the profits or to the gross earnings of the fishing vessel for the period of the voyage or otherwise, shall be treated as his total wages for the period of the i.oyage.

4 - ( 2) The employer of a share fishennan shall pay a 17 of the National contribution under regulation Insurance and .Regulations, 1969 No.
22 of 1969 Social Security {Collection of Contributions) for each contribution week in the period of the voyage at a rate calculated on the remuneration to which he is·· entitled for the �oyage divided by the total 'munber of contributions in that period and for that purpose a part of a week shall be reckoned as a week.

(2) of (3)Notwithstanding the provisions of subsection section 16 of th� Act, the· contributi ons of the employer iri.
re�pect f •• I • · of a share fisherman may be deducted · from the profits or gross earnings of the fishing vessel· after the share of the person so �ploye d is· ascertained.

6.

Where a mariner or share fishe� is .paid at the ,.

of the voy1ge, which overlaps the end of the period for • • I Contribution cards of and termination mariners share f isher-, .

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, men paid at which his contribution the tcrzni.M.-• ti.or.

of a National Insurance voyage.

No.

22 of T969 •.
No.

22 of T969 •.

Regulations, card is ·current under regulation· 6 of the and Social Security (co:µection of Contributions) 1969, his contribution ·card shall for the purposes of regulation 13 of the said Regulations be deemed to remain current until the termination of the said.

voyage.

PART III.

- MISCELLANEOUS Application of the Act and Regula­ tions.

7. .
7. .

The provisions of the _Act and of the.other Regulations made thereUI?-der shall, save as otherwise provided by these Regulations, apply to �rinors and share fishermen l4th the modification, that, where a mariner or share fis�erman is unable on account of his being at sea or outside Guyana by reason of his employment as a .. .. .

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mari�er or sha:r:-e f:j.shez,nan, to perform an; act required to be done �ither forthwith or on the happening .

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.of.a certain event or within .

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a speclfied time, hE: shall be deemed to have co:inplied therewith if he.

performs the act as soon as practicable.

• .

5 Offence and penalties 8.

If any person contravenes, or fails to comply with, any a!
these Regulations., he shall be guilty of an offence and shall be liable on summary conviction to a fine of one hundred dollars, and where the default continues after conviction he shall be liable to a further fine of fifty dollars for each day during which the default continues.

Made this day of 1971 Minister of Labour and Social Security