Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1694869291466.pdf (Guyana)
1330 Cap.

88.]

Volunteer.

CHAPTER 88.

VOLUNTEER.

ARRANGEMENT OF SECTIONS.

SECTION.

Guiana Volunteer Force.

by the Governor.

by the Commandant.

officers.

of the British in the Force to be voluntary.

Local Forces.

Officer.

1.

Short title.

2.

Interpretation.

3.

Establishment 4.

Service 5.

Commandant 6.

Commanding 7.

Officers.

8.

Staff Officer and Adjutant.

Officers appointed 9.

Warrant 10.Warrant Officers appointed 11.Non-commissioned 12.Volunteers.
13.Clerks, store-keepers 14.Quarters of paid staff.

of Officer.

15.Resignation 16.Enlistment, term of service 17.Annual training.

18.Embodiment 19.Disembodiment 20.Uniforms, 21.Power of Commandant 22.Oath of allegiance 23.Hospital accommodation and treatment.

24.Force to be subject to military law or exercised, arms and appointments.

and place of residence and other employees.

and service.

of the Force.

of the Force.

and discharge.

or when embodied.

and publication of notices.


to attend to embodiment.

to fulfil training conditions.

sale or other disposition of property.

25.Service 26.Failure 27.Failure 28.Wrongful 29.Trial of offences.

30.Civil rights 31.Regulations.

32.Regulations 33.Orders.

34.The Reserve.

to be laid before Legislative Council.

and exemptions.

to pay out-of-pocket expenses.

when being trained, instructed Volunteer.

[Cap.

88.

1331 CHAPTER 88.

VOLUNTEER.


An Ordinance to provide and discipline connected therewith.

control, for the establishment, 20 of 1948. training of a Volunteer Force, and for matters [19TH JUNE, 1948].

1.This Ordinance may be cited as the Volunteer Ordinance.

Short title.

2.In this Ordinance,- " appointments " includes accoutrements and equipment Interpreta­ tion.
of every kind other than clothing the articles force in England, time being in force made under the authority ; " Army Act " means the Army Act for the time being in of war for the of that Act ; " means Commandant Local Forces Officer of Officer " means the Commanding " Commandant " Commanding and includes ; the Force; " the Force " means The British "member of the Force" includes a non-commissioned officer, officer and a volunteer ; Force • Guiana Volunteer an Officer, a warrant " Officer " means a member of the Force holding the Governor's commission "other Ranks" means warrant ; as an officer of the Force; officers, officers and volunteers non-commissioned " prescribed this Ordinance. "
means prescribed by regulations made under 3.There shall be established a Volunteer name style and title Force under the Establish- Force.

:: of The British Guiana Volunteer n 1��h Guiana Volunteer Force.

and of the Service in to serve in !

shall be under any obligation of this Ordinance orce 4.

Subject to the provisions no person regulations, the Force and no person any pay or allowance who serves he / in the Force shall receive v�l:;,Lary.

in respect of such service.

5.


(I) Subject to the general the Commandant Governor, to the Governor the proper the service B.G.-VOL.

expenditure thereof.

II-33* for the efficient of all public orders Local Forces conduct and directions of the Com-­ shall be responsible r:!� and for Forces.

for moneys appropriated of the Force, ant 1332 Cap.

88.]

Volunteer.

(2)The Commandant of the shall hold the rank of Colonel Force.

(3)The Commissioner of Police for the time being shall be the Commandant.
Com­ manding Officer.

6.

(I) The Governor shall appoint Officer of the Force, be the Commanding shall be by commission.

a fit and proper person to and such appointment (2)The Commanding Officer shall hold the rank of Lieutenant­ Colonel of the Force.

(3)The Commanding Commandant proper system in the Force, training and readiness for the maintenance Officer shall be responsible to the of discipline, and he shall be responsible efficiency and for its for duty in an emergency.

Officers.
Officers.

7.The Governor shall, fit and proper persons appoint they shall hold such rank as the Governor time think proper.

by commission under his hand, to be Officers of the Force and may from time to Staff Officer and Adjutant.

8.

(I) The Governor shall from time to time appoint and proper person to be Staff Officer and Adjutant a fit of the Force.
(2)The Staff Officer and Adjutant of the Force with seniority Captain shall hold the rank of over all other Captains that the Governor Provided warrant, direct rank higher than that of Captain as may be proper.

seniority that the Staff Officer and Adjutant shall hold a and assign to him such may, if the circumstances : so (3)The Staff Officer and Adjutant shall be paid such salary and allowances as are from time to time provided Legislative Council.

by the Warrant Officers appointed by the Governor.

9.
9.

(I) The Governor and proper persons to be warrant officers two £.t shall from time to time appoint of the Force.

officers shall be paid such salary and (2)The said warrant allowances as are from time to time provided Council.

by the Legislative Warrant Officers appointed by the Com­ mandant.

to the warrant 10.In addition the Commandant, from time to time appoint the Force as may be necessary.
with the approval such number of warrant of the Governor, officers of to in section shall officers referred 9, Volunteer.

[Cap.

88.

1333 Officer, subject 11.The Commanding of the Commandant, number of non-commissioned necessary, Commandant, vacancy and may, promote shall from time to time appoint officers of the Force as may be to the general direction of the officer to any any non-commissioned as a non-commissioned to the general subject officer.
direction such :;;��: N�n:com­ ed 12.There shall be such number of volunteers of the Force as Volunteers.

the Governor may from time to time direct.

13.The Commandant from members appoint other employees salary Legislative and allowances Council.

may, with the approval of the Force such clerks, of the Governor, Clerks, store-keepers storekeepers and other employees.
and as may be necessary, and they shall be paid such by the as are from time to time provided 14.The Governor may from time to time assign any member of the paid staff of the Force referred 8, 9 and 13, and may.require in such quarters or in any specified such member of locality.

quarters to Quarters and place to in sections of residence of paid staff.
the Force to reside 15.The conditions by resignation under which an Officer may cease to be an Resignation or by remova o is name om t e 1 f h fr h of Officer.

Officer, either list of Officers, shall be as are prescribed.

16.

(I) Subject regulations, any male British (a)has attained subject the age of eighteen who- years and has not to the provisions and of the of this Ordinance EnJfatment, term of service and discharge.
attained the age of thirty-eight years; or (b)has attained the age of seventeen attained consent the age of eighteen years, ; and to his enlistment of his parent (c)is of good character; (d)is passed, or guardian and in the prescribed manner, as being physically years and has not and has obtained the fit for general service, - may enlist in the Force.

(2)Such enlistment shall be to serve for a period of three from the date of his attestation.
years, reckoned (3)Any warrant officer, non-commissioned officer or voluntfer may, within of service, of one year, two years, as he thinks fit.

twelve months before the end of his current ter:iri to serve for a period from time to time be re-engaged or three years, from the end of that term 1334 Cap.

88.J Volunteer.

(4)Every warrant officer, non-commissioned officer or shall, until duly discharged volunteer remain subject to this Ordinance commissioned officer or volunteer of the Force.
as a warrant officer, non­ in the prescribed manner, (5)Any warrant officer, non-commissioned except when a proclamation officer or volunteer under subsection of the Force shall, ( l)of section the end of his current term of service following conditions :- 18 is in force, be entitled before to be discharged on complying with the (a)giving to the Commanding months' notice in writing, or such less notice as may be prescribed, of his ; and desire to be discharged Officer three (b)delivering up in good order, fair wear and tear only being public and appointments all arms, clothing issued to him, or, in cases where for any good and is excepted, property, sufficient cause the delivery impossible, Provided on paying the value thereof: that the Commandant appears that the reasons of sufficient with the above conditions urgency or weight, or any of them.
for which the discharge may, in any case in which it is claimed are either wholly or in part dispense of the property aforesaid (6)Any warrant officer, non-commissioned officer or volunteer by the Commanding of the Force may be discharged disobedience to orders by him while doing any military for neglect of duty, or officer, non-commissioned other sufficient to be judged of by the Commanding by him as a warrant of the Force, of such cause and sufficiency Officer that any warrant officer, non-commissioned shall be entitled Officer for duty, or cause, the existence officer or volunteer for misconduct to appeal to the Provided officer or for who may give such directions in any such case as he or volunteer so discharged Governor may think just and proper.
(7)Where the time at which a warrant officer, non-commis­ sioned officer or volunteer entitled to be discharged subsection prolong his service months, as the Governor occurs while (1) of section 18 is in force, he may be required to not exceeding of the Force would otherwise be under a proclamation for such further may order.

period, twelve (8)A recruit may be attested by any Officer of the Force, and re-engagement may take place before any Officer not below the rank of Captain.
(9)In this section the expression include a warrant officer appointed Sflction 9.

"warrant officer " does not by the Governor under Volunteer.

[Cap.

88.

17.

(I) Subject to the provisions warrant officer, non-commissioned Force shall, by way of annual training- every Officer, of this section, of the officer and volunteer Annual training.
(a)be trained for not less than eight nor more than fifteen days in every year at such times and places in any part of the Colony as may be prescribed, and may for that purpose be out once or oftener in every year : called that the Governor in the may, by order published Provided Gazette, dispense in any year with such training ; and fulfil the other conditions (b)attend a number of drills to training as are prescribed relating Provided that the requirements of this section may be dis­ Officer, in whole or in part, in pensed with by the Commanding relation or volunteer.
to any Officer, warrant officer, non-commissioned officer (2)Nothing in this section shall be construed Officer, warrant officer, non-commissioned with his own consent, up for the purpose of duty or instruction regulations made under this Ordinance.

in addition to annual training, with in accordance being called as preventing officer or volunteer, an (3)In this section include section the expression a warrant officer appointed 9. "

warrant officer " does not by the Governor under 18.
(I) Where the Governor (a)that there is imminent is satisfied- national danger or great emer­ Embodiment of the Force.
gency, or (b)that there is actual or apprehended civil disturbance in the Colony,- published in the Gazette, order the from time to time to give, and when given to he may, by proclamation Commandant revoke or vary, such directions for embodying all or any part of the Force, and in particular to make such special may think proper with regard to required as may seem necessary units or individuals capacity.
for the time being direct in other than (2)Wb.ere such directions as the Commandant arrangements may be whose services a military the embodi­ or proper ment of any part of the Force, every Officer, warrant officer, non-commissioned officer and volunteer shall attend at the place and time fixed by those directions, after the expiration of that time shall be deemed to be embodied and such Officers, warrant officers, non-commissioned and volunteers as the embodied and ; officers or part or parts of the Force.
are in this Ordinance to as embodied belonging to that part referred 1336 Cap.

88.]

Volunteer.

(3)Subject to the provisions of section 19, the Commandant may from time to time, as he may think expedient interest, give such directions for disembodying embodying previously disembodied any embodied or otherwise.

as may seem necessary any part of the Force not embodied, whether in the public or proper part of the Force, and for (4)Every order made and all directions given under this in this Ordinance.
section shall be obeyed as if enacted (5)In the case of a proclamation (1) of this section, under paragraph (b) of the members of the embodied subsection Force or the embodied may be, shall have all the rights, privileges member of the British as the case functions, and immunities for the time being possessed part or parts of the Force, Guiana Police powers, Force.

duties, by a Disembodi­ ment of the Force.

19.


(1) The Governor may, by proclamation published in the Gazette, order that the Force be disembodied, as may seem upon the Commandant into necessary or proper for carrying effect.
shall give such directions the said proclamation and there­ (2)After the date fixed by such directions embodiment of the Force or any part thereof, warrant officers, the Force or belonging be in the positio officers and volunteers non-commissioned to that part, as the case may be, shall n of Officers, warrant officers, of the Force not embodied.

officers and volunteers non-commissioned of for the dis­ the Officers, Uniforms, arms and appoint­ ments.

20.
20.

(1) Subject to the provisions and appointments of-this Ordinance, of all members the uniforms, arms, ammunition of the Force shall be provided Legislative Council for that purpose.

by the out of moneys provided (2)Every Officer shall be provided, for the purpose, in the regulations out of moneys provided with the uniform made under this by the Legislative and equipment Ordinance.

Council prescribed (3)Every Officer shall, on appointment, receive sucp.
grant, by the Legislative and thereafter such annual grant, provided with, and maintaining, as may from time to time be defined in Local Forces Orders made by the Commandant Council, towards such additional under section 33. as may from time to time be providing uniform and equipment himself Volunteer.

[Cap.

88.
[Cap.

88.

1337 by the Governor, (4)Save as otherwise ordered every Officer who fails to serve as, an Officer for a period of three years from the date of his appointment Government the grant and the annual grants made to him under subsection Provided shall not apply where such shall be required (3) of this section to refund to the : that this subsection is due to the ill-health, or the death, of the Officer.
failure (5)Save as otherwise ordered by the Governor, every Officer Officer shall be required who fails to obtain a satisfactory Commanding ment the grant and the annual grants made to him under subsection Provided annual report from the to refund to the Govern­ shall not apply where such that this subsection during the preceding (3) of this section two years: failure is due to the ill-health of the Officer.
21.The Commandant moneys provided the reasonable b Offi and necessary f y an cer rn t e per ormance o s uties.

pay, out of f0wer of may, in his discretion, 0 for the purpose, m a�dant to pay out-of- incurred pocket e:!qienses.

out-of-pocket .

by the Legislative Council expenses f hi d .

h 22.

(1) Every member of the Force shall, as soon thereafter Oath of Allegiance enlistment or the following as is possible, and Service- or Outh_ of on appointment take and subscribe :nl�:�fce. "
Volunteer I Ordinance do swear that I to Her Majesty the Second, Her Heirs and Successors to law, and that I will faithfully will be faithful and bear true allegiance Queen Elizabeth according in the Colony for the defence and opposers service So help me God."
whatsoever as a member of The British thereof according against to the conditions of my Guiana Volunteer Force­ serve Her Majesty all her enemies (2)The Oath shall be taken- ( a)in the case of the Commandant and the Commanding Officer, before the Governor; (b)in the case of the Staff Officer and Adjutant, before the Governor or the Commandant ; (c)in the case of any other Officer of the Force, before the Governor, the Commandant or the Commanding Officer; ( d)in the case of all other ranks, before the Commandant, the Commanding himself taken the Oath.
Officer or any Officer of the Force who has 1338 Cap.

88.J Volunteer.

(3)Any person who would by law be permitted solemn affirmation instead affirmation, be of the same force and effect as if he had taken the oath.

to make his of taking an oath may make an to all intents and the affirmation shall, and purposes, Hospital accommoda­ tion and treatment.
Ordinance ,- 23.The Governor may, by regulations made under this (a)make such provision for hospital and dental treatment medical, fit; Force as he thinks surgical accommodation for members of the and (b)make provision tion and medical, surgical attendance, Force who sustains any complaint or disease for the supply of hospital treatment, accommoda­ or of medicine, or dental food and other necessaries, to any member of the any injury whilst on duty, or contracts whilst on duty.
Force to be subject to military law when being trained, instructed exercised, or when embodied.

or 24.

(1) The Officers and other ranks of the Force shall be subject to military law, practice and procedure- (a)when they are being trained, (b)when they are embodied service instructed in which case they shall be for the purposes of the Queen's or exercised; deemed to be on active Regulations.

(2)Persons appointed under section and other employees shall be subject and procedure appointment.
storekeepers law, practice during such time as they shall hold any such 13 as clerks, to military (3)Subject to the provisions of this Ordinance, regulations are not made or where on any particular what shall be military of this section law, practice and where such point they may be made prescribing and procedure for the purposes regulations are silent the military law, practice in the Army Act and in the Queen's being in force shall be military the purposes of this section.
as contained for the time for law, practice and procedure Regulations and procedure Service and publication of notices.

required 25.Notices in pursuance regulations in force thereunder ranks of the Force shall be served or published, as may be prescribed, deemed to be sufficient and, if so served or published, shall be notice.

or of the of this Ordinance to be given to Officers or other in such manner Failure to attend to embodiment.

26.
26.

(1) Any Officer, warrant of the Force who without officer, non-commissioned leave lawfully granted, officer or volunteer or such sickness or other reasonable excuse as may be allowed Volunteer.

[Cap.

88.

1339 manner, fails to appear at the time and place to the circumstances, 12, or of absenting himself for assembling in the prescribed appointed according of section meaning of section otherwise to military and convicted court-martial, military may be taken into subject custody.
on embodiment, of deserting within the meaning shall be guilty, without leave within the 15 of the Army Act, and shall, whether law or not, be liable and punished to be tried by and accordingly, (2)Sections 153 and 154 of the Army Act shall apply with within the meaning of this within the meaning of those sections, to deserters and desertion in like manner as they apply with respect respect section and desertion person who, knowing any Officer, warrant officer, missioned within the meaning of this section or continues concealing section.
of the Force to be a deserter or of the Army Act, employs to employ him, shall be deemed to aid him in and any non-com­ officer or volunteer within the meaning of the first-mentioned to deserters himself (3)Where a warrant officer, non-commissioned under of the Force commits the offence of desertion between the time of his the time which elapsed the offence and the time of his apprehension in reckoning surrender for the purpose shall not be taken into account of discharge.
volunteer this section, committing voluntary his service officer or or officer or volun-Failure to granted or such �:mg 27.Any warrant officer, non-commissioned excuse as may be allowed in the conditions.
for annual training or other reasonable manner, fails to appear at the time and place teer of the Force who without leave lawfully sickness prescribed appointed (1)of section fulfil the other conditions relating prescribed, dollars complaint (a) of subsection and as are to annual training twenty-five on a in a court of summary jurisdiction shall be liable recoverable 17 or fails to attend the number of drills officer.
by the prescribed under paragraph not exceeding to a penalty 28.If any person designedly u lly destroys makes away with, sells, or Wrongful or negligently loses ���e� r officer or volunteer or damages, issued to him as an Officer, warrant officer, non-disposition of property.
of the Force, or wrongfully pawns, or wrongf anything commissioned refuses him as an Officer, warrant officer, non-commissioned volunteer from him on complaint the sergeant-major issued to officer or shall be recoverable of the Force or some person authorised to a court of summary jurisdiction of the Force, the value thereof up on demand anything or neglects to deliver by in 1340 Cap.

88.J Volunteer.
88.J Volunteer.

by the Commandant·; and he shall also, writing for the purpose for any such offence of designedly or pawning, or wrongfully summary conviction thereof, dollars.

twenty-five making away with, selling, destroying on as aforesaid, be liable, not exceeding to a penalty Trial of offences.

29.

(1) Any offence under this Ordinance which is cognizable by a court-martial summary jurisdiction.
shall also be cognizable by a court of (2)Any person charged with any such offence shall not be to be tried both by a court-martial and by a court of them as but may be tried by either of liable summary jurisdiction, may be prescribed Provided that a person who has been dealt with summarily by the Commanding by court-martial.
Officer shall be deemed to have been tried with an offence under this Ordinance charged of this section shall, (3)Any person which, by virtue summary jurisdiction, liable to imprisonment one hundred but nothing charged be of and penalty, imprisonment of a person shall affect the liability with any such offence to be taken into military by such a court, to a penalty dollars in this section for three months or on conviction or to both such is cognizable custody.
by a court of on is punishable of and of the offender, (4)Any offence which under this Ordinance trial, shall for all purposes and punishment conviction by court-martial, incidental to the arrest, including manding Act, with this modification, and stoppages forfeiture and stoppages forfeiture against the summary dealing Officer, be deemed to be an offence under the Army in that Act to to refer to such that any reference shall be construed as may be prescribed.
before either Officer, or a court of summary or the Commanding with the case by the Com­ (5)Proceedings an offender a court­ of an offence punishable under this to have been committed by him when a of the officer or volunteer in the the term of his service martial jurisdiction , in respect Ordinance, and alleged warrant officer, non-commissioned Force, may be instituted whether Force has or has not expired, thing contained instituted at any time within which the offence becomes the alleged offender apprehended, then within he is apprehended.
to the contrary in any other Ordinance, be the time at two months after Officer if known to the Commanding is then apprehended, or, if be is not then two months after the time at which and may, notwithstanding any­ Volunteer.

[Cap.

88.
[Cap.

88.

1341 (6)Where a warrant officer, non-commissioned to military officer or law and is illegally 72 of the under section from his duty, a court of inquiry of the Force is subject volunteer absent Army Act may be assembled days from the date of such absence, period during twenty-one one days.

which he was subject days or has expired after the expiration of twenty-one notwithstanding that the law is less than to military before the expiration of twenty­ to Civil rights referred only :��mptions.
by reason 30.
(I) A member of the Force, not being a person the benefits provided under holder to be the and the regulations, under the Crown in the Colony, within the of an office 5, 8, 9 and 13, shall not be deemed, in sections of being such member and receiving this Ordinance of emolument meaning 1928, or any enactment (2)An Officer, warrant of the British of the Force shall not be liable Guiana (Constitution) Order in Council, or substituted amending officer, non-commissioned to any penalty of his absence during for the same.
officer or or the time he or Council, from such voting.

or returning officer, non-commissioned officer volunteer, punishment is voting during the time he is going to (3)Every Officer, warrant at any election of a Member of Legislative for or on account of the Force shall be exempt from serving on any ?r volunteer Jury.

31.Subject to the provisions of this Ordinance, the Governor Regulations.
may make regulations- to the manner in which enlistment in the (a)with respect Force shall be made; (b)with respect the conditions upon which such pension any member of the Force who, without injured permanently member of the Force by some injury of his duty ; to the nature in the actual and to the award of a disability pension, may be awarded, his own default, to is discharge of his duty as a specifically attributable (c)with respect members of the Force, of the paid members and as to the pay to be received to the leave which may be granted to by staff of the Force during such leave ; discipline, to the government, (d)with respect and pay and of the Force ; allowances, (e)with respect to be prescribed, to be subject expressed (j)generally, to the Force.
relating to any matter by this Ordinance or authorised authorised or to be made by regulations, to regulations ; with respect to all other matters and things 1342 Cap.

88.]

Volunteer.

Regulations to be laid before Legislative Council.

32.

(1) All regulations made by the Governor under this Ordinance shall be laid before the Legislative fourteen days next after they are made if the Council on the last day as aforesaid, within fourteen sitting.
ensuing and if the Council days after the commencement Council is not then sitting, of the next within is sitting (2)If, within twenty-one days after the regulations a resolution is passed by the Legislative are laid or any part of them be annulled, be annulled and the regulations, before the Council, Council that the regulations, they shall thereby resolution, thenceforth become void and of no effect but without to the validity regulations, of the Clerk of the Legislative things specified thereof.
of any action or part thereof, in this subsection in the meantime as the case may Council to the extent set forth in the so annulled or part thereof shall be sufficient as to any of the matters taken under the or evidence shall prejudice be ; and a certificate (3)Any regulations, or any part thereof, which have not, within the period the Council, Council, of twenty-one days after they are laid before been annulled by resolution of the Legislative shall have effect as if enacted in this Ordinance.

Orders.
Orders.

33.

(1) Subject this Ordinance, Orders for the administration, Force.

to the provisions the Commandant of regulations may make Local Forces of the and training made under discipline and to Local Forces Orders made under subsection to the provisions of regulat ions made under this (2)Subject Ordinance, (1)of this section, time, subject such Volunteer consider necessary of the Force.
to the general the Commanding Officer may from time to make of the Commandant, direction Force Orders as the Commanding for the administration, Officer may and training discipline (3)Notice of Local Forces Orders and of Volunteer Force Orders shall be given to the Officers and other ranks of the Force affected thereby.

The Reserve.

34.
The Reserve.

34.

( 1) There shall be established a reserve referred Force (hereinafter of The British ' to as " the Guiana Volunteer Reserve"), and the Reserve shall consist-- (a)of every person ceased to be a member thereof : who was a member of the Force and has Provided that no person who has been dismissed from the Force shall be a member of the Reserve ; Volunteer.

[Cap.

88.
[Cap.

88.

1343 (b)of every person who has served in Her Majesty's Forces and whose application in the United Kingdom or elsewhere, in writing approved by the Commandant.

(2)No person who has attained to become a member of the Reserve the age of forty-five years has been shall be eligible to be a member of the Reserve.

(3)The Commandant taining of the Reserve, for a Reserve the names and addresses and there of Officers.
shall cause to be kept a register and occupations of the members part of the register shall be a separate con­ (4)The Governor may, subject of subsection to section (3) of this section.

32, make regulations for the purpose (5)Section 18 shall apply to the Reserve as it applies under subsection (1) of section and to the same extent proclamation this subsection Ordinance to the Reserve, relating applies to the Reserve to the Force shall, but not otherwise.
in the same manner to the Force; and where a 18 as modified by the provisions of this apply mutandis, mutatis