Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795559537.pdf (Guyana)
243 GUYANA ACT NO� 9 OF 1976 CONSTITUTION (AMENDMENT) ACT, 197e I a:ssent.

---A G, 2(·��-··--.�- � // -September, 1976. esident.

ARRANGEMENT OF SECTIONS SECTION ·� 1.Sn.b1t title and commencement.

2.Alteration of article 8 of the Constitutio,n.

3.Alteration of article 11 of the Constitution.

4.Amendment of the Education Act.

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., " ,, ,f �fl- 2 No.

9] ·THE LAWS OF GUYANA [A.D. 1976 AN ACT to alter the Constitution in accordance with Article 73 thereof an,d _to.

amend the Education Act.


A.D. 1976 Em1cted by the Par�nt of Guyana:- - • , , .

rt •.

, Short title and com­ mencement.

ment) Act 1976. ,.

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(1) · This Act �Y be cited as the Constitution (Am_end- (2).. �tjQJl .

i 1shall eome into operation on the day next followmg after the ,date on which .sections 2 into oper�n. '

!ti:��r: 2..

Article 8 of the Constitution is hereby altered in the and 3 come • of the followmi r,espects � Constltltition.
of the word "or" at the end of (a)by the deletion paragraph (2) (b) (iv);· (b)by the substitution stop at the ·end of paragraph addition of the word "or" thereafter; ( c) by the addition of the following.

and provision to para· of a semi-colon for the full (2) (b) (v) and the graph (2) (b) - "(vi) property to be used by the State for the purpose of providin�, managing any place property tion at any time during 1976 and prior to the c� into operation of the law in question.".
maintaini� and where the was being.

used as a place of educa­ of education, Alteration 3.Article 11 of the Constitution of article the following., resno.t>-+C!

- 1-"'-"-' ""' 11 of the Constlttutlon.

is hereby amended in (a)by the deletion (b)by the deletion of paragraph (2); and of all the words following after the words "that commupity" where they first -q}J,,- appear�., 1�1'.,..,J..,f;.../ 4.The Education Act is hereby amended in the following ,-.1) Amendment of the Educatloa Act.

Gap.
Gap.

39;01. respects - (a)by the substitution the long title of the Act - "AN ACT to make better provision for the promo­ of the following long title for tion of education in Guyana.

"; ··A.D.

1976] CONSTITUTION (AMENDMENT) s 245 [No.

9 (b) by the ·substitution of � ·words ''g<>vernment schooI't for the ·words ·"school"" receiving aid from moneys provided by Parliament" in section 6(1); �f th� i oii��fuai �tions as sections .� ::.�� 3�,.
� 1>9 \f�ly, , (c) by the insertiori tely after :., ''Provision of aystem of education.

on in.

: writing.

of pets()n"ot.lier thmrtbe Chief Education 34A .. (l)· Except;.,rith�he,.

perlrµssi the, ·Minister, ;,ri(, Officer, shall establish, maintain or maftage any school or other place of education for the provision of nursety, elementary,·.· secoodary or-" further education, and any permismon granted by the Minister· shall be subject to such .. � and, may deem fit to il#p9��:;:.+.
conditions '· as the Minister (2) Any person who contravenes the provisions of subsection (1), or breaches any term or condition imposed .bY the· Minister shall be lia�le thousand dollars months, and, in the case of a continuing offence, to an additional fine of one hundred dollars for every day during which the offence continues subsequent to the date to which the conviction on summary conviction to a fine of one and to imprisonment for twelve pursuant to tha.t subsection, relates.
�� n 34B (1) On the date on which this section comes achoola into operation (hereinafter in this section referred.

to :v�=t as "the appointed date") achoo11.

time during 1976 and prior to that date was an aided school ·� thereupon school.
be deemed to be a government every school which at any (2) Where an aided school is deemed to be a government school by virtue of (a)the Chief F.ducation Officer shall thereupon subsection (1) - become responsible for the control and manage­ ment of the schoo,1 and section 34 shall apply in relatiov; th&eto; (b)there shall be vested in the State, without further assurance - ·(ij the schoolhouse; (ii)Such land appurtenant t.o any schoolhouse, as is described in an �rdel" made by the Minister ·2 ,.

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4 No.

t] THE LAWS OF GUYANA [A.D. 1976 under subsection (4), subject in or �ight.s over such land used exclusively for puJ}Uc religious used in ,cqnnection therewith, as may be set ou� and des<;ribed in the said order; worship or any building to such interests (iii)all records, furniture and other equip­ ment.

used in connection purpose of carrying OD the school, ·notwithstanding any written law or rule of law.
· with and for the (3)The provisions of subsection (2) (b) (i) and (ii) shall, as the same apply to an aided school which is deemed to be a government school by virtue of sub­ section (1), apply mutatis mutandis on the appointed ' · date in relation to every school in respect of which an order was made under section 32(1) prior to the ap­ pointed date.
(4) The Minister shall, as soon as practicable, by appurten­ of any land for the purposes of subsection the boundaries order, prescribe ant to a schoolhouse (2)subject to any easements or other interests as may be specified in the order and notwithstanding to, the CO·ntracy in any other law the Registrar of shall take due notice thereof and shall make such annotations on the recortis as may be necessary to give effect to such order.
anything Deeds of subsection the Minister (5)Where property has been vested in the State (2)(b), by virtue circumstances as he thinks just, pay compensation in such amount and in such manner as may be determined n by hlm for any such property and any determinatio made· by him under this subsection shall be final and in any and shall not be called in question conclusive court on the ground that the compensation is not adequate.
may, in such (6)E:very governing body or manager of an aided school that is deemed to be a government school by virtue of this section shall after the appointed date o,r within such furlhe·r period Officer as may be allowed by the Chief Education render to him an account for every government grant made in connection of the school with the control since the last account was rendered.

not later than one month and management A.D. 1976] CONSTITUTION (AMENDMENT) [�o.
9 5 247 (7)On the appointed date, Qr later with the ap-, Chief ·Education· a"Y'�ther person Of the records, Otliee·r, every go:verning proval of the body or manager· af�;.

o, in7·person duly author­ ised by either Qf them.� ck' possession or· control' ·otner equipm.enl, ttsed 1ii1 l-onnectidn with the carryi ng on of the aided school subsection (2)(¢) sllall , atltlle said I school deliver them or cmtse them't&t>e -deUvere Officer or\tmy · person ·autHorised bellalf .. ,..,, ' .
the having furniture and and vested in the State under · by him to act on · his d tt> the Chief Education .

',·, .

;.. a ", (8)On tl)e appoin� .q�te, the provisi ons of any made under.

this Act, in so far as they regmations rela.te to aided s-chools and the gorverning bodies and maaagers thereof, shall, ·except for the purposes of subsection the regulations be c()nstrued and have effect with such modifi­ ex�eptions, cations and qualifications:, as may be necessary for the purpose.
shall accordingly adaptations, (6).

or .

(7) or (11), cease to have effect and (9)For the purposes of this section, includes sion "aided school" Christ Church Secondary Sc;hool, the Stewartville Government Handicapped School and the David Rose School for Children.

the schools known as the the expres­ (10)The Ministe r may, by ord:er which shall be Assembly, wheth.er or not in receipt to any other resolution or place of education, of the National.
of this .section subject to negative· extend the application school of aid froon moneys proN'ided by Parliament, with and quali­ such adaptations, modifications fications purpose and the order may, in addition, or consequential incidental necessary for the purpose of giving order.
as the Minister considers necessary for the contain such as may be exce·ptions, provisions full effect to the ·(l l) If any person fails· t of subsection visions summary ·conviction· and imprisonm.ent o comply · with the pro­ on (8) or (7) he shall be liable to a fine ·of five· hundred dollars for six months.

"; (d)by the · repeal of.

sections 27 to 29 (inclusive) and Part III (sections .

48 to 53 inclusive); 248 No.


9] 6 THE LAWS OF GUYANA [A.D. 1976 (e)by the insertion of the words "nursery,", the words ''relating to'' in section 45; immediately after and (f) by the deletion of the words "or in receipt of aid" and "of Guyana" from section 54(2) (c).

Passed by the National Assembly with Article 73 of the Constitution.

1976, in on the 10th of September, accordance (Bill No.

12/1976).

Clerk of the National Assembly.

F. A. Narain,