Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697795941723.pdf (Guyana)
Governor .

.

~ J/ August, 1903.

BR1Tl8R GUI.AN.A..

ORDINANCE NO.

2--0 OF 1933. l' AN ORDINANCE for regulating pensions, gratuities and other A.0.1033 allowances to be granted in respect of service in office.a held by Civil Servants in this Colony.

BE it enacted by the Governor of British Guiana, with the advice and consent of the Legislative Council thereof, as foJlows : - 1.

This Ordinance may be cited as the Pensions Ordin!l.nce, Short Title.

1933.

2.
1933.

2.

In this Ordinance unless the context otherwise requires, the Definitions.

following expressions have tbem : - the meanings hereby ai,slgned to 2 No.

,.O.]

T HE L.AWS OF BRITISH GUI.ANA, [A,D, 1933.
.. " Pensionable office " means- { a) In reRpect of service in British Guiana an office which has been declared by the Governer with the sanction of the Secretary of State and the approval of the Legislative Council by a. notification published in the Gazette to be pensionable: Provided that any office declared to be pensionable under this section may be declo.red at any time by t he Governor with the sanction of the Secretary of State ao:i the approval of the Legislative Council by a uotifiration published in the Gazette to be no longer pensionable due regard being bad to existing rights ; (b) In respect of other public service an office which is a pensionable office under the law or regulations in force in such service ; 11 Pensionable emoluments "- (a.)
In respect of service in the Colony includes (i} salary, and (ii) personal allowance, but does not include duty entertainment or other alJowance or any other emoluments whatsoever; (b) In respect of other public service meane emoluments which count for pension in accordance with the law or regulations in force in such service ; " Salary " means the salary attached to an office ; " Personal allowance " means a special addition tn such salary granted personally to the holder for the time being or the office and expressed to be pensionable ; '' Public service" or "Service" means service in a civil capacity .British under the Government of the Colony or of a territory under a. British Colony or Protectorate or a Mandate and any such other ser vice as the Secretary of State may determine the purpose of any provision of this Ordino.nce or the regulation11 made thereunder.
Service as a Ooveruor or Hi~h Commis sioner of a British Dominion Colony or Protectorate or a territory under British Mandate or as a Governor in India shall be deemed to be public ser vice except for the purposes of computation of pension or gratuity and of section eleven 0£ this Ordinance ; to be " public service " for " Olher public service II means public service not under the Governm<!nt of the Colony ; ' .. ' ., "Service oC the Colony " means service in a civil capacity under the Government or British Guinna ; "Officer II means a person substantively appointed to a pen ... sionable office.
A.t,.

1933.J 3 PENSIONS.

lNo .

.2. o.

3.-(1) The grant by tho Go,·ernor in Council of pensions gratui tiee1 and other allo,vances to persons to whom this Ordinance applies or of a gratuity to the personal representative of any such person shall be regulated by this Ordinance and the regulations set forth in the Schedule.

Grant of pension,, &c., regn· lated by Ordinance and Regu lations.

(2) In the following sections the expl'ession II this Ordinance" shall bo construed to include the regulations.

4.
4.

There shall be chargeJ on and paid out of the General Revenue of the Colony all such sums of rm,uey as ma.y from time to tirne be granted by the Governor in Council by w11.y of pension gratuity or other allowance in accordance with this Ordinance.

Peosions to be charged on Revenue of the Colony.


5.-(l) No officer shall have an absolute right to compensation for past services or to pension gratuity or other allowance undeL' this Ordinance nor shall anything herein or in such regulations contained limit the right of the Crown to dismiss any officer without compensation.
(2) Where it is established to the satisfaction of the Governor in Council that an officer has been guilty of negligence irregularity or misconduct the pension gratuity or other allowance may be reduced or altogether withheld.
(3) No officer shall be granted a pension gratuity or other allowance under this Ordinance without a certificate from the head of his Department or, if he is himself the bead of a Department, from the Governor to the effect that he has discharged his office with such diligence and fidelity as to justify the grant to him of such pension gratuity or other allowance.

6.
6.

Where an officer is seconded or temporarily transferred for rluty in the service of the Colony from :i. pensionable office to an office or employment which would not entitle him to pension under this Ordinance, the period during which he shall serve in such office or employment as aforesaid shall count for pension as if the officer bad not been seconded or temporarily transferred uules11 the Governor in Council shall in any case otherwise decide.

7.
7.

No pension gratuity or other allowance shall be granted to any officer in respect of any service- ( a) while on probation or agreement unless without break of service he is confirmed in a pensionable office in the Colony or in an office in other public service which is at the time of confirmation pensionable under the pension law or regulations applicable to such service; or (b) while under the age of twenty years, 8.
No pension gratuity or otber allowance shall be granted to any officer except on hie retirement from the public service in one of the following caeee- Pensions not of right.

Preservation of pension rights.

Service not qllAlifyin~ for pension.

Circom· stnnces in which pen.

eions may be granted.

I & 2 Geo.

5 c. :!4.

R etirement for ineffi· oiency.

No.

'- 0.J 'IIIE LAWS OF BRITISH GUIANA.
[A.D 193$, ( (a) on or after attaining the a~e of fifty-five years or in the case of transfer to other public service on or after attain ing the age at which an officer is permitted by the law or regulations of the service in which ho is last employed to retire on pension or gratuity ; or (b) on the abolition of his office; or (c) on compulsory retirement for the purpose of facilito.ting improvement :n the organisation of the department to which he belongs by which greater efficiency or economy can be effected ; or (d) on medical evidence to the satisfaction of the Governor in Council that he is incapo.ble by reason of some infirmity of mind or body of discharging the duties or hie office and that such infirmity ie likely to be permanent ; or ( e) on removal on the ground of inefficiency as hereinafter provided ; c.,r (f) on retirement in circnmstauces rendering him eligible for a pension under the Pension11 (Governors of Dominions, etc.)
Act, 191 l, or any Act amending or repla.iing the same.
9, Where an officer is removed from his office on the ground of his inability to discharge efficiently the duties thereof and a pension gratuity or other allowance cannot otherwise be granted to him under the provisions of this Ordinance the Governor in Council with the approval of the Secretary of State may if he considers it justifiable having regard to all the circum11tances of the case grant such a pension gratuity or other allowance as he thinks just a.nd proper but in no case 9xceeding in amount that for which the officer would be eligible if he were suffering from some infirmity of mind or body likely to be permanent.
Age for com pulsory re.

tirement.

10.

The Governor in Council may require an officer to retire from the service of the Colony on or after attaining the age of sixty years.

Maximum pen sion .rnntnlilo.

11.-(lJ A pension granted to an officer under this Ordinance shall not exceed two-thirds of the highest pensionable emoluments drawn by .him at any time in the course of bis service in tho Colony.
(2) Where the officer bas been or is granted a pension or pensions in respect of other public service he may be granted the full pension for which he is eligible in respect of his eervice in Uie Colony but no person may at any time draw from the funds of the Colony nn amount of pent1ion which when added to the amount of any pension or pensions drawn in respect of other public service exceeds two-thirds of the highest pensionable emoluments drawn by such person at any time in the course of hie service in the Colony or in other public service : A.I>.
1933.]

PENSIONS .

i ..Provided that where such a person receives in respect of some period of public aervice both a p;L'atuity and a pension the amount of such pension shaJJ be deemed for the purpose of this sub-section to be four-thirds of its actual amount.
(3) In a case falling under the limitation laid down by sub section (2) the amount of pension to be drawn from the funde of the approval of the Secretary of the Colony shall be subject to State in order that it may be determined with due regard to the amount of any pension or pensiona similarly to be drawn in respect or other public senice.

(4.)
For the purpose of the prece<ling sub-sections an additional pension granted in respect of injury shall not be taken into account but where the officer is granted such an additional pension the amount of such additional pension which he may draw shall not exceed one-sixth of his highest pensionable emoluments at any time in the course of his public service by more than the sum by which the amount of his pension or pent3ions apart from such o.dditional pension falls short of two-thirds of such highest emoluments.
12.-(1) Any officer to whom a pension is granted under this Ordinance may, at his option exercisable as hereinafter proviJed, be paid in lieu of such pension a pension at the rate of three fourths of such pension together with a gratuit~ equal to ten times the amount of the reduction so made in the pension.

Option to take reduced pension with gratuity.
(2) The option refel'red to in sub-section (1) shall be exerci11able not later than the date of retirement : Provided that in a case where an order of retirement is retrospectivt1 in its effect the officer may exercise hie option within two months of the date on which the order of retirement is communicated to him : Provided further that the Governor may authorise the accept ance of an option received at a date later than the date herein prescribed, if it is established that an officer was prevented by ca.uses not within hie control from exercising the option by the prescribed date, but in no case shall an option be accepted after a retired officer baa begun to draw pension or annuity.
(3) The date of the exel'cise of the option shall be deemed to be the date of the receipt of the officer's written notification addressed either to the Colonial Secretary in the Colony or to the Crown Agents for the Colonies.

• Lillbilit y of µenijio11 er1 t,, l,P.

ralle·l npou to L&ke further employment.

No.

2-0.]

THE LAWS OF BRITIS H GUIANA .

lA,D.

1933, 13.


Every pension granted to an officer shall be subjoct to the following condition : - Unless or until he hl\s attained the age of fifty-five years, he may, if physically fit for service, be called npon by the Secretuy of State t o a.
'!cept, in lieu of his pension, an office, whether in the Colony or in other public service, not less in value, due regard being had to circumstances of climn te, tban the office which he had at the date of the grant of his pension.

If a pensioner so called upon declinAs to accept the office for which he may have been selected, the pay ment of his pension may be suepended until he has attained the age ef fifty-fi ve years.

Grntuity a.ffecterl by re-e111µloy.

me11t.

li.


If any officer to whom a gratuity without pension has been granted under this Ordinance is 1·e·appointed to any office in the service of the Colony or in other public service his previous service may with the approval of the Secretary of State be taken into account for the purposes of pension if be refunds the gratuity on such re appointme11t.

, Peu, ious, etc., oottobe uaigno.ble.

15.


No p':'naion gratuity or other allowance granted under this Ordinance shaJJ be assignable or transferable or liable to be attached sequestered or levied upon for or in respect of any debt or claim whatsoever other than a debt due to the Government at the time of the officer's retirement.

Pemioo, etc., to cease on bank· ruptoy.

16.
If any officer to whom a pension or other allowance has been this Ordiuauce is adj udicated a bankrupt or i~ granted under declnre,l insolvent then the pension or allowance shall forthwith cease: Provided always that in any case where a pension or allow ance ce1111e11 by reason of the bankruptcy or insolvency of the pensioner the Secretary of State or, if the pensioner is resident in the Colony, then the Governor in Council from time to time during tbe rf\mainder of the pensioner's life or during 11uch shorter period or periods either continuous or discontinuous as the Secretary of State or the Gonrnor in Council as the case may be shall think tit may cause all or any part of the moneys to which the pensioner would haTe been entitled by way of pension or lillowance bad he not become bankrupt or insolvent to be paid to or applied for the maintenance and personal support or benefit of all or any to the exclusion of the other or others of the following persons namely, the pensioner and any wife child or children of his in such p-roportions and manner as the Secretary of State or Governor in Council as the case may be thinks proper.
Pu1lon1, ek., tocu.ae 011 convic• tioa.

17.

If any officer to whom a pension or other allowance ha.a been granted under this Ordinance is sentenced to a term of imprison ment by any competent Court whether within or without the Colony for any crime or offence then in every such case the Secre tary of State or if the person is resident in the Colony the Governor A.D.19SS.]

"I PENSIONS.

[No.~.
in Council may order that the pension or allowance shall forthwith cease and after the order the pension or allowance shall not be paid : Provided always that the pension or allowance eha11 be restored with retrospective effect in the case of a person who after conviction at any time receives a free pardon : and pro vided further that where a pension or allowance ceases for the reason aforesaid the Secretary of State or if the person is resident in the Colony the Governor in Council may cause all or any part of the moneys to which the pensi0ner would have been entitled by way of pension or allowance to be paid to or applied for the benefit of any wife child or children of the pensioper or after the expiration of his sentence also for the benefit of the pensioner him self in the same manner precisely and subject to the same qualifica tions and restrictions as in the case of bankruptcy or insolvency hereinbefore provided.
18.
If any officer to whom a pension or other a1lowance has been granted under this Ordinance becomes either a director of any company the principal pal't of whose buainess is in any way directly concerned with the Colony or an officer or servant employed in the Colony by any such company without in every such case the permission of the Governor in writing first had and obtained then in every such cnse the Governor with the approval of the Secretary of State may direct that the pension or allowance shall forthwith cease : Provided always that the Governor with the approv.i.l of the Secretary of State on being satisfied that the person in respect of whose pension or allowance any such direction shall have been given has ceased to be a director of the company or to be employed as au officer or servant of the company in the Colony as the caee mo.y be may give directions for the restoration of the pension or allowance with retrospective effect if be shall see fit to such a date as he shall specify.
Pensions, et, ., to ceaae 011 accepting certain a p. poiotmeota, 19.

Where an officer who has been in the service of the Colony for not foes than one year dies while in such service the Governor in Council may grant to his legal personal representative a gratuity not exceeding one year's pensionable emoluments.
Gratuity to estate where an otficer dies in Lbe aervice 20.- ( 1) Where an 0fficer dies ae the direct result of injuries received (a) in the actual discharge of his duty, and (b) without his own default, and (c) on account of circumstances specifically attributable to the nature of his duties, while in the service of the Colony it shall be lawful for the Governor in Council with the approval of the Secretary of State to grant in addition to the grant if any made to hie legal personal representative in accordance with section nineteen of this Ordinance:- Gratuities and peusiooe to depen dants of an of6cer kllltd OD duty, 8 THE LAWS OF BRITISH GUIANA, [A.D, 1933.
(i) if the deceased officer leaves o. widow a pension to the widow while unmarried and of good character at a rate not exceedin~ ten-sixtieths of hie pensionable emoluments at the date of the injury or forty-eight dollars a year, which ever be the greater, and also a gratuity, not exceeding four doJJare and eighty cents multiplied by the total number of their years, starting from their ages at the t,ime or their father's death and ending with fifteen years, to each child alive at the date of the father's death and o. gratuity not exceeding seventy-two dollars to any posthumous child : Provided that the gratuities so granted shall not in the aggregate be less thau forty-eight dollars nor more than two hundred and eighty-eight dollars i (ii) if the officer's wife has predeceased him, or if no pension is granted to her under preceding sub-section, and he leaves children who would have been eligible for gratuity if a pension had been granted to the widow, gratuities of twice the amount of the gratuities for whieb they would have been eJigible in such circumstances i (iii) If the deceased officer does not leave n. widow, :md if his mother was wholly or mainly dependent on him for her support, a pension to the mother, while of good character and without adequate means of support, at a rate not exceeding the rate of the pension which might have been granted to his widow : Provided that (a) if the mother is a widow at the time of the grant of the pension and subsequently re-marries such pension shall cease as from the dute of re-marriage ; and (b) if the mother is not a widow and it appears that the deceased's father is in a position to support her such pension shall cease from such dute as the Secretary of State may determine.
(2) When an officer who is not qualified for either pension or gratuity dies in the circumstances mentioned in sub-section (1) oi this section, the Governor in Council, with the approval of the Secretary of State, may grant the pension or gratuities which might have been granted if his case had fallen under sub-section (1) but no grant shall be mads under section nineteen of this Ordinance.

Application of Ordinuce 21.


The p1·ovisions of this Ordinance shall apply <I) to all ofl1cers appointed to the public service of the Colony (a) after the commencement of this Ordinance i or A.b.

1933.]

PENSIONS.

[No.
ZI), (b) before the commencement of this Ordinance to whom it was intimat-Od before appointment that they were liable to be affected by any change in the pension law of the CoJony ; and (II) to any other officer ser¥ing in the Co]ony at the commence ment of this Ordinance and to any other officer transferred to other public service before the commencement of this Ordinance who shall be still serving at the date of such commencement who within one year of such commence ment shall give notice in writing to the Colonial Secretary of his desire tbeit the provisions of this Ordinance shall apply to him.
22.

The Governor in Council shall have full power and authority to decide all questions that may arise in respect of or in connection with the adJDinistration of this Ordill,llnce.

SeLtlement of q uestion1 ariaing under the OrdiDanee.

n 10 NO, :J.

0.]

'1.

'llE LAWS OF BRITISH GUIANA.

lA.b.

1933, THE SCHEDULE.

H.EGULATIONS FOH TUE GKANTING OF PENSIONS, GltATUITIES, AND OTllRR ALLOWANC ES TO PEH bONS WHO HAVE BEEN IS THE PUBLIC S~ltV I Clt: OF THE CULUNY.

1.
1.

These Hegul11tions mny l,e cited 011 the Pensio111 Regnlat.ions, 1933, PART J.

PRELIMINARY, 2.

In these Re:.


:11l1ttious, unless the context otherwise requires, the following expressions shall hnve the meanings hereby Msigned to them :- " Sohednlocl Government" moons the (;01·ernment of any pince which is included iu Schedule I that the Go"ernor may by Order in Conncil vary the Schedule by the addition thereto <ir the removal of any Go,·ernment; " Ordinance" means the Pensions Ordinance, 1933, there Hegnlatioos: provided to ::5hort Title.

Deftni\lon1.
Deftni\lon1.

Pensions to whom and at what rates to be granted.

PART IL REGULATIONS DEALING WITH PUBLIC SERVICE ENTlRKLY IN TIIE COLONY.

a. Sn bject to Lhe provisions of the Ordinance and of these regnlations, every olticer who has been in Lbe service of the L:olony for ten years or upwards may be granted a pension at the rate of one seven hundred and twentieth of bis pensionable emolumentR ia respect of each complete mouth of such service eubjec\ to the limit described in sectiou eleven of Lhe Ordinance.
Oratultioa where length of 1ervice doea not qulify for penalon.

4.

Every officer otberwiRe qualified for a pension, who has not completed the minimum period of son ice qualifying for a pension may be grr.nted on retiremenL a gratuity not exceediul( five limes the annual amonnt of the pen1ion which if there had been no qualifying period mighs have been granted to him under Regu• l&tion 3.

Period of eervice in the Colony quali fying for pen sion or gra tuity defined.

Service to be unbroken.


Computa tion of pen• 1lon1 and gratuiti11.

Lean of abaenoo.

5.

Subject l;o the pro,•isions of section seven of the Ordinance and of these regnlaLions, eerv1ce quo.lifying for pension or gratuity, as the O&Se may be, shall be the inclnail•e period between the date on which an officer begins to draw salary or half salary fro10 the funds of the Colony and the date of his leadng the service of the Colony.

6.
6.

Service iu respect of which pensions or gratuities may be granted must be nu broken, except in castie where the service has been interrnpted by abolition of office or other temporary suspension of employment not arising from mi.aoonduct or vol notary resignation: Provided that service prior to a break of service may be allowed Lo count for pension together with service snb&equent to such break if the whole iotenening veriod ho.s been spent in 1ome uther employment under Lbs Crown.
7, For the pn1 J?OSe of computing Lhe amount of &n officer's pension or gratuity the following penods shall ue taken into account as pensionable service- (a) any periods durinr: which be bas been on dnty; (b) any period during which be received half salary from the funds of the Colony while proceeding to the Colony on lint appointment; (c) any period dnring which he has been absent from duty on leave with full sa.lary or on commuted leav• or on leave on half wary: Provided that any period durinEJ which an olticer hae been absent on leave on half 1alary eave as µrovideil w the next clauee of this regulation 1hall be counted ab the rate of one month for every two months of sach period ; (d) any period during which be has been abeent from duty on leave either on half pay or without salary granted on grounds of pnblio policy with the approval of the Secretary of State r.nd dnring which he hu not qualified for pension or gratuity in reepect of oth1'r public service ; and any periods dnring which he has been abeent on leave, other than those specified above, shall be deducted from the oflicer'e total 1er't'ice in order to acriH at his period of pensionable aenioe, 11 A,D 1933,] PENSIONS.
[No.

-:J-/J, 8.

For the purpose of computing the amount of pension or g ratuity of an officer who, du ring some period of his service in a pensionable oflice in the Colony has served, with the consent of the l~o,·ernor or lhe Secretary of State, with His Majesty's Armed J!

'orces or in any other capacity connectPd with a s tate of wnr, thi, whole or any part of s uch period may be taken into account.

War servioe not to pre judice pension r ighta.


Computation of penaions, eto., on what emoluments to be b11.1ed.

9.
For the purpose of computing the a.mount of nn officer's pension or g ratoity- (a) in the case oi an officer who has held one otlice for n. period of three years immedio.lely preceding the datA of bis retirement, the full pensionable emoluments pnyo.ble to him at that date in respect of Lh11t ollioe shall be La.ken; (b) in the co.se of an officer who at any time during snch period of three years ba:s been transferred from one olllce ti) another, but whose pensionable emoluments have not been changed by reason of sn <:h transfer or t ransfers, the full pensionable t'moluments payable to him a.t the date of his retire.
ment in 1e1pect of the ollice then held by him shall be t&ken; {c) in other r.ases t he averaAe of the foll pensionable emoluments pa.ynble in respect of each of t he oilices snbata.ntively held by the oflicer d11ring his tenure thereof within s11olt period of three years s hall be taken: l'rovidecl Lhat if such average is less thnn the full pensionable emoh1ment1 which were pllyable to him at the date of the first t ra.osfer wit hin such period of three yea.rs, the Governor may j with the approval of the Secretary of State, gra.nt him a. pension ca.lcula.ted upon the full pensionable emolu ments pa.yablo to him at that date.
10, Where the 11er1•ice in a pensionable offic:e has been immediatelr preceded by a.n unbroken period of service in a n appointment other than a pens1011able oflice, or of service paid for out of a.n open vote, or of both euch services, such period, or any part of such period, may be taken into account in computing pension or gratuity : Provided that of the period of service pa.id for out of an open vote, only two.thirds s hall be conn ted.

Non-pension• able aervioe followed by penalona.ble service.

11.
11.

Where a.n officer ha.s performed a.ctiog service in a. pensiona.blo office in the Colony, the period of s uch service may be tnken into account as pensionable service : Provided tho.t Aoting sorviot.
(a) the period of such a.cLing service was not part of t he pensionable service of t he previous holder of the oflice and does not fall to be r eckon ed a.s part uf the officer's own penaiona.ble service in other public ser vice; l\nd (b) tbia period of 1ervice is immediately preceded or followed by service lo a. substa.nbive capacitv in a pensionable office in t he Colony.

12.
12.

If any officer is retired from the service in conaeqoeuce of the abolition of his office , or for the purpose of facilitating improvements in the organisation of the department to which he belongs, by which grea.ter efficiency or economy can bo effected he may be gran ted a pension calcula.ted in nccord!lnce with regulation thirteen subject to the condition that lie s h:i.11 be li&ble to be recalled to service in the Colony : Provided tha.t Abolition or reorgaois&tion of ollioo.
(a) if such person is not qualified !or other employment or if there is no reason, in the opinion of the Governor, to expect that be can be shortly re-employed , a pension may be granted to him free from the above mentioned condition: (b) s uch person shall not be liable to be reoa.lled to ser viue in the Colony after t he expiration of one yea.r from tlie date of h LS retirement.
13.-(l) In the ca.se of a.n officer ret ired as provided in regulatloo twelve who has served ten yea.re or upwards in the Colony, and whether such officer has at tained th e age of fifty.fh·e years or not, hLS pemion may be at the rate of the number of seven hundred and twen t ietlis of his pensiona.ble emolnments set out in rel,!nlation three hereof and lhere may be granted .ilso au addiLionnl pens ion based on the number of sixtieth& or his pensioqab\e el]lolu111 e11ts no~ exceedimg ~4e followinft - Bates of pension "hen offices are abolisbed, 12" No.~O,] THE LAWS OF BRITISll.
GUIANA.

[Am, 191S, (a) in the case of an officer who h11.1 ser\•ed not Ina ,han twenty years 8 ... 7 (b) in tbe-c&Se of an officer who has 1erved 1event&en years (c} in the ca•e of an ollicer who bu served fifteen yea.rs 8 (d) ia the cue of an officer who bu 1er,•ed twek·e years 5 (c1 in the case of an officer who has served ten years 4 (2) No additional pension shall be granted ooder this regnla.Uon 10 as to entitle an officer to a higher total !
)Cnsion than tb-e maximum of two..tbil·d• of his pensionable emolument, at t,he date he ceased to be in the service of the Colony ~r ihan the pension for which he would h&ve qna.lified by length of 1ervioe on reach· Ing the age at whioh he may be required to ntire.

14.
In the case of an officer retired rui provided in rego1ation twelve and whoso length of service is not such as to entitle him to a pension, a special gratuity not exceeding one.eighth of a month's pensionable emoluments for each complete month of service may be granted, 15.-(1) Where an officer is permanently injored by aooident arising out of a.nd in lbe conne of hi1 employment, provided th&s the injury is not attributable to serious and wilful millcond11ct on hia part, and hia retirement is thereby neceHi· tated or materially aooelerated, be may, if he is qualified for a. pension under regulation three, be granted, in addition to the peoaion granted to him under tba.t regnlation, a.n additional pension at the rate oi the proportion of bis actual pen sionable emolnmenta at the d&te of his injury appropriate to his case na shown ill the folio" ing table:- Rates of gratuity on abolition when service leu than ten year•.
O!tioera re, tMng on aooouut or iujurie1, When his capo.city to contribute to hia own aopport is- ... .. .

·- slightly impaired impaired .
• materially impaired totally deaGroyed fi ve•eixtietba ; ten.aixtietha; fifteen.aixtietha 1 twenty.aixtieths: Provllled that the amount of the addtiional peuelon shall, sobjeo, lo the approval af the Seoretary of State, be reduced to such an extent as the OoYeroor shall think reasonable in the following cases: - (a) where the injured officer has continued to serve for not lesa than one year after the ioJnry in respect m which he retires ; (b) where the injnred olficer ia fifty years of age or upw,rds at the date o( Ilia injury; or (c) where the Injury is not the sole cau1e of retirement, buG the retirement is caused partly by a.ge or infirmity not due tot he injury: Provided alao lbat the total itn.,ooot of the additiota.l penaiou el.111.ll noi exceed the amount preacril,etl in sob-section four of sectiou eleven of the Orilinaace.
(2) An officer so injured, whose length of service is not such BB to qualify him for a )"nsion t1nder regulation three, hut who ia qualified for a gr11,tirity uudn regnla.

tion four, may nevertheless be granted in lien of such Jlr&tnity a p~Illlion at the ro.te ol one @ev11n hnn•lred and t,veutieth of hi!
penaionable emolntn('nla for Ila.eh 001011lete mouth or pensiona.ble 11ervice together with anch ndnitiont.l ;>emiion .as m41bt be awarded to him under the preceding part of thia regulaiion as if be were qne.lified for a. pension.
(3) An officer ,o injnred who is noL qn&lilied for eiLber & pen1ion nuder regula tion three or a. gratuity nnd1 r regnla.tion four may nevertbele111 be granted an allowa.nce pa.ya.hie moutblf at the same re.te as the additional pension which he might have been gre.uted i he had been so qu11.lified, 16. lf any officer to whom a pension ha• boon ~ranted from ihe fond• of the Colony is appointed to ano~ber office in the service of bhe Colony, or in other public eerviee and eulisequently retires in circumstances in which he may be gra.nted a pension, he ma.y be granted in lieu of hie previous pension a pension eon1pntM as H the periods of his sen·ice bad been contlnnollll1 and sneh pension may be- ba9ed on bis pensionable emol11ments on his previous or final retirement from the service of the Colony, wbicbe,·er 111ay be the greater: Provided 'tbat' if on hm vrevions tetitement he \VU paid a Jlratnlty and a reduced pension, he may be granted a pension compated on hie total service, ca.lcnlated for the first period on the 1ame reduced principle a11 hi• previous pension and Al a foll pension for the next periO<l or aqch ,,nice.
Poualon• to injured othoen where ,ervioe laH thllu ten yean.

Computation of pensions Re-emplo} etl pen11ioner1.
Al.D, 1911-1 [No.J.O :, 17.-(l) In •reci&l cuet any penen holding • non-lJellmn&ble oace wh• artu tla comaieneement of tbi8 Ordinaaoe .retiree ia ciroum1t&t1oe11 i& wbieb be migU ban been gran,ed • pension if be b&d< held • pen.aiooable olli06-mt.y ii be has not lese thaa fifteen yeu1 con•inuone seuice in the Coloay ba gnmed an a.onU1.l allowance not exceeding two-t.birds ot the pension that he might hr.ve been granMid bad .m1 been employed in a pen1iour.ble ofliee.
(2) Where au officer bu been transfened from a pensionable to a non.

pensionable office, he sball be entitled either (a) to count bis ~ervice in the non·penaionab1e office &9 though it were .een·ioe in a pensionable office at the salary which he received immediately prior to such transfer; or Allowanoe to odioen who h&ve served flftl!f'n yeara in a non· pensionable office.

(b) ta ooua_t hl1 service ha the pensienble office as though.
it were ia th& noa pensiona.ble office, and to tr.ke the benefit of this regul&tioa aooordingly.

PART III.

SPEOIAL RKOULATIONS FOR O"FFIODS WJTU OTIIEB PVBL10 SH&VICI:.

18.
18.

Snbjeot to the succeeding regullltiona, the provisions of regulations ten Application of and sixleen shall apply to the case of an officer who bas been transferred to or Regolatlona frc,m the service of the Colony from or to other public service, and the provisions in Pu~ I. of regulations five to ten and seventeen, shall apply to the oa.ee of a.a officer ao transferred as if bia whole sen•ice bad been in the Colony.
}9.-(l) Where the other -pnblio service of an officer bu been woolly under one Penalon tfff or mOTe of the sebednled Uovern1Beota and be.has held a peuai011sble ol.liee irr tin, Colony for a vcried of at least twelte months, and hie a 51gregate serrice ""ollld under the have rendered him eligible bad it been wholly in the Golony, Ior a peasioa 1mder aobedoW the Ordinance be may on his ultimate retirement frem the public service in Oovern1111111t1, circumatances in which he ia permitted by the law or regulations of the service in which be is last employed to retire on !Jtlneion or graluity be &ranted a pension from the Colony of snob an amount a, shall bear the same ptoportion to the amount of pemion for which be would have been eligible had bis service been wholly in the Colony 11.s the aggregate amount of bis pensionable emoluments dul'i!
'g his service in the Colony ahall bear lo the total a.momrt.
made up of aucb aggregate acnoont t<>J{ether with t he aggregate amount of his pensionable emolu- men•s from any of the sehednled Oovernmeuh : Provided that in determining the pension for wbieh be would ba•e been eligible if bis service had been wholly in the Oolouy- ,erviee w.holl.r (a) the final pensionable emolumenla shall be taken to be those of bis last period of eervice under the scheduled Uove:raments; and (b) no ngard shall be bad to re&nlations thirteen and .fiftHn; and (C) regard 1hall be had to the condiLioo that the peo.sion ma.y not exceed two.
thirds of the highest pensionable emol11ments : Pro\•ided furthn that any period of other p11blie service ,mder any scheduled Government by which no izruuity or pension is graotl!d to an officer shall not be taken iuto acconnt either in determining the amount of peuaiou for wbiob he would b1we been eligil:le if his aervice had been entirely in the Colony, or in calculating t he oggregate amounL of his pensionable emolomenta: Provided also that where an otlicer entered the public senioe prior to the ht of Ja.nuayy, 11130, his pension in respect of his aervicein tltt1 Colony, may be calculated as though any ~chednled Government uoder which he bns served bad not beeo included in 8ohednle I to these Regulation,, if tbia ahould be to bis advantage.
(2) The aggregate amount of his pensionable emol11meatuh&ll be tak-en as Lhe total awount of salary which Lhe ollicer woul,l have drawn and the total amount of the other pensionable emoluments which he would b~ve enjoyed had be been on duty on fnJI pay in his subst!l.ntive officei or offices throughout the period of tie aer'"ice in th-, Colony or under aoy scheduled Government by which gratuity or pell'tlion la grented lo him.

20.
20.

Where the other po blic service of an officer ha.a ~ot been wholly under one Wh•re unioe or more of the !Cheduled Go,·ernmentl but ha.a been in wliole or in part nuder one bas been or more or the .
;o,•ernmen.lil meotioued in S~berlnle II t.o tl1ese.Reg11lation1 (which wholly or Schedule may be varied by Order in Connoil by the ad,lition thereto or the partly under removal therehom of l'ny Uovernmeot) and the officer bu held a pensionable office the Govern ill the Colony for a period of at lea.It t1Ve)ve ruontba rmd bis aggregate ,ervice ifen!i men_.

wonld have rendered him eligible, bad it b!en wholly within_ the <.

:n1Qnri for,.
:n1Qnri for,.

peo11lon UDdor thea, lkgulatlone, he may, on hia ultimate retirement, from t!J.e '.

00 • n No,20.]

THE LAWS OF BRITISH GUI.A.NA.

[A.D. 193S, public aervice in circumstances in which he is perruitLed by the law or regulations of the service in which be ls laat employed to retire on pension or o:mtnity, be granted, in lieu of the pension which might be g ranted under regulation twenty.
one or twenty.two a11 the 01ue m11y be, a pension from the fond1 of the Colouy of an amount t>qual to the arithmetic mean between the pension which he could have been granted from the funds of the Colony if his service h&d been wholly u11der one or more of the scheduled Governments and the pension which he would receive from the funds of the Colony in the absence of thia regulation : Provided that the pension whioh mn.v be granted under lhie regulatiou shall not exoeed the pension which the ollicer would receive from the funds of the Colony in the absence of this regulation by more than one-third of the latter.
21.
Where the other public servloe of an olficer has noli included service under any of the acbednled Governmeots, and 1111 has held o peueion&ble ollice in the Colony for a period of at least twelve month11, and hie aggregate service would have rendered him eligible, had it been wholly in the Colony, for a pension under these regulations, be may, on his ultimate retirement from the pub1io service in ciroumatances in which he is permitted by the Law or regt1latil)0S of the service in which he is la.st employed to retire on penaioo or gratnhy, be granted a pen- 1ion from the fonds of the Colony a.t the rate of one seven hundred and twentieth of the a.mount of bi11 pensionablo emolamcnt11 at tho date of his transfer or retire, ment from the ser~·ice of the Colony for each calendar mouth of his pensionable service in the Colony.
22.

Where a part only of the other public service of au ollioer bas been under one or more of the aohednled Governments, the provisions of regulation ninetPen shall apply J but in calculating the a.mono, of pension regard !

!ha,ll be had only to aervice m lihe scheduled Governments, 23.
Where an officer who has been transferred from other public ,ervioe and whose aggregate service would have randered him eligil,le bad it been wholly in the Colony for a pension nuder these regulations is compulsorily retired from tbe public service in ciroumetauces mentioned in regulation twelve he may if s.t the time be is in the service of the Colony be granted from the foods of the Colony in addition to the pension granted to him under regnlatioo nineteen, t,venty, ~wenty· one or twenty·two, as the cue may be, an addition to hib pension equal to the addition to his pension which might have been grautel to him if his total pension· able service bad been in the Colony.
Pe119lon where other service not within the aobeduled governments.

Pension• where other service both with a.nd nol with aoheduled Governmenh.

Addition to pen1ion In respect of abolition or re-organl1&· tion of offloe.

Addition to pellllon to officers rttlring on account of Injury.

24.
24.

Where an officer who has been Lranslerred from other public een•ioe n.nd whose aggregate sen•ice would have rendered him eligibl-, h11.d it been wholly in the Colony for a pension nuder these regulations is compulsorily retired from the public service in circumstn.uces mentioned in reg11latiou fifteen he may if at the time he is in the aer\'lce of the 0olooy be g rantee!
from the funds of tile Colony o.n addiUon to hi• pension allowed by tho.t reg11lation as well as the pension fZr&nLed und er regulation nineteen, twenty, twenty.one or twenty-two, as the case may be.

Pension in respect of abol iiion of office or injury after le88 tban twelve months service in Ool11nv.

Gratuitlu where length of senlce does not qu,ury for penaion.

Abolition or re-organla· tion of 081.oe.

25.


Where by ruson of the fact that an officer whose co.se ftills under regulation twenty-three or twenty.four havinit held a pensio:iable office in the Colony for less than twelve months is not.
eligible for a pension under regulation nineteen, twenty, twenty-one, or twenty-two, ae the case may be, he may n11verthe· lesa if at the time of bis retirement be is in the service of the Colony be granted from the fnuda of the Colony a pension of the same amount as the o.ildition to his pen• aion allowed by regulation twenty-three or twenty.four, as the c:ise may be.
26.-(1) Where an officer who has been transferred to or from the service of the Colony from or to other public ~ervice retires from the public st>rvice in oircum, stances in which he is permitted by the law or r~gubtions of the service in which he is Ja.3t employed to retire on pension or gratuity but has not completed in the aggregate the minimum period of service qualifying hi111 for n. pension he n1a.y be g ranted from the funds of the Colony a gratuity not exceeding live times the annual amou11t of the pen!ion which, if there had been uo qnalifyin~ period, might have been granted to him under regulations nineteen, tw.,nty, twenty-one or twenty-two as t he ~se may be.
(2) Where such an onioer is compnlsorily retired from the public 11enloe in circumstances mentioned in regulation twelve he may if at the time he is in the tho service of tho Colony be granted a specia.l gratuity eq ue,1 to one-third of 15 A.I>.

1933,] PENSIONS.

[No,J,.P.

gratuity which mi:,:ht ha.ve been granted to him if his total pensionable serviee had been in the Uolony together wit h the ~rMuity if a.ny which ma.y be granted t o him under clause one of this re:?nlation.
(3) Where such a.11 officer is compulsorily retired from the puelie service in circumstances men tioned in regulation iirteen be may ii at the time of 11ueh if be ha.d no other retirement he is in ~he service of the Colony be treated M public service but he aha.IL not be granted in addition the g ratuity for which he i11 eligible nuder clause one of this regulation.

'27.
'27.

Where an officer who is transferred to other public ser vice is not granted a. peneion or gratuity iu respect of hie employment in tbe service in which he is la.et em pl oye<l solely by re11son of the fa.ct that he has uot cumplcted twelve mont h~' eervicc therein be shall D'>t on that nccoont be disqualified from receivini,: a. pen.

sion or g ratuity from the funds of the Colony if otherwise eligible d1erefor .

Injury.
Injury.

Officers trana· forred to other public eervloe and r~tirillg after 18'& than twelTe month• employment in laet aervioe • .. ,: •I:.

I.

!I l ,1~ No • .2.

P.J THE LAWS OB BD/f'JSH GUI.A.NA.

Lll,1>.

ws.

SCHEDULE I. Ceylon.

Cyprus.

Fr.tklao1I lala.nda.

Fiji.

Gambia.

Gillraltar.

Gold Coaa~.

Jamaica, Kenya.

Nige1ia.

Northern Hbudesia.

Nyaaaland.

St. Belen&.

Sierra Leone.

Som&liland.

Tanganyika.

Territory.

1 urk11 ond Caicos laJanda.

Weatern Paci6o :- Windw&rd Islanda: Gren&da.


St. Lucia.

St. Vincen~.

Zanzibar.

Gilbert aud Ellice Islands.

Solomon l11l&nds.

SCHEDULE II Federated Mala.y States.

Kenia.Uganda.

Railwa.ya and Ha.rbour A.dminietration.

Straits Seulements.

Trinidad.

PaBsed by tke 1983.

(IU, 1136/33).

Legislati1Je 00'Uncit this 17th.

day of Augmt, Ct4~ Cler~ the Council (Acting).

PaJRHD Ill '1'BII OOHUUJIT PalNTH8 ow Barrru GUU.NA,