CHAPTER 19:12 INTEGRITY COMMISSION ACT - OAS

1 LAWS OF GUYANAI ntegrity Commission3 Cap. 19 3/1998 CHAPTER 19:12 INTEGRITY COMMISSION ACTARRANGEMENT OF SECTIONSPART IPRELIMINARYSECTION1. Short IIINTEGRITY COMMISSION3. Establishment of INTEGRITY Terms and conditions of appointment of chairman and Termination of appointment and Oath of Interest in matter or proceedings before COMMISSION by Functions of Sittings of Procedure of Funds of Officers and employees of IIIFINANCIAL DISCLOSURE13. Declaration of financial Trust Full Blind OF GUYANAI ntegrity CommissionCap. 19:124 SECTION17. Receipt and examination of COMMISSION or the President may require further Failure to file declaration or furnish COMMISSION may hold formal Further information from members of COMMISSION in respect oftheir Offences and Expenses incurred in preparation of declarations tax IVCODE OF CONDUCT25 Provisions of this Part in addition to and not in derogation ofcertain Powers of appropriate disciplinary authority Code of Complaint to COMMISSION may reject Investigation of breach of Code of Report to Director of Public VGIFTS32.

2 Report to COMMISSION of Penalty for contravening section VIMISCELLANEOUS34. Assistance by Commissioner of Confidentiality of Amendment of Annual report by OF GUYANAI ntegrity Commission5 Cap. 19 3/1998 SECTION38. Power of COMMISSION to make Power of the Minister to make Constitutional privileges and immunities not VIICREATION OF A NEW OFFENCEAMENDMENT OF CERTAIN ENACTMENTSWIDER APPLICATION OF ACT41. Possession of unaccounted property or pecuniary Wider application of I Specified OfficesSCHEDULE II Code of ConductSCHEDULE III Forms_____CHAPTER 19:12 INTEGRITY COMMISSION ACTAN ACT to provide for the establishment of an IntegrityCommission and to make provisions for the purpose ofsecuring the INTEGRITY of persons in public life.

3 [ 24TH SEPTEMBER, 1997]20 of 1997 LAWS OF GUYANAI ntegrity CommissionCap. 19:126 PART Act may be cited as the INTEGRITY COMMISSION this Act assets of a person means all property including any right or interest inproperty and money held by the person in Guyana or elsewhere; chairman means the chairman of the COMMISSION appointed undersection 3; child in relation to a person, means the person s child who has notattained the age of eighteen years and is not married and includesa step-child or an adopted child; and, in respect of a man, includes a child born out of wedlock ofwhom the man had been adjudged the father by a court of com-petent jurisdiction or whom the man had acknowledged to be hisown child; Code of Conduct means the body of rules contained in Schedule II.

4 COMMISSION means the INTEGRITY COMMISSION established by section3; Form means a form in Schedule III; liabilities of a person means all the obligations of the person to paymoney or to provide goods or services in Guyana or elsewhere; member means a member of the COMMISSION appointed under section3 and includes the chairman; person in public life means a person who holds any specified office andincludes a person in section 42 whether or not mentioned inSchedule I;Short OF GUYANAI ntegrity Commission7 Cap. 19 3/1998 specified office means an office listed in Schedule I; spouse includes reputed wife and reputed husband; tribunal means any person appointed a tribunal under section 11 INTEGRITY COMMISSION3.(1) There is hereby established a COMMISSION to be known as theIntegrity COMMISSION which shall consist of a chairman and not less thantwo nor more than four other members.

5 (2) The Chairman shall be a person who is or who was, or whois qualified to be, appointed as, a Puisne Judge of the High Court or anyother fit and proper person.(3) The other members shall be appointed from among personsappearing to the President to be qualified as having had experience of,and shown capacity in, law, administration of justice, publicadministration, social service, finance or accountancy or any otherdiscipline.(4) The chairman and other members shall be appointed by thePresident after consultation with the Minority Leader.(5) The chairman and other members may be appointed as eitherfull time or part time.(6) The names of the chairman and other members of theCommission as first constituted and every change in the membershipthereof shall be published in the Gazette and in a daily newspaper.

6 (7) The COMMISSION shall be a body OF GUYANAI ntegrity CommissionCap. 19:1284.(1) Subject to the provisions of section 5, the chairman or anyother member shall be appointed for such period, being not less than oneyear, as may be specified by the President when appointing him; and theemoluments and other terms and conditions of appointment of thechairman and other member shall be such as may be determined by thePresident after consultation with the Minority Leader.(2) Except where the appointment of the chairman or othermember is terminated under section 5(1), the chairman or other membershall be eligible for re-appointment on the expiry of his (1) The appointment of the chairman or any other member maybe terminated by the President if the chairman or any other member (a) is convicted for the breach of any provision of the Codeof Conduct;(b) is convicted of any other offence;(c) is guilty of misconduct inconsistent with hismembership of the COMMISSION ;(d) becomes of unsound mind or incapable of carrying outhis duties;(e) becomes bankrupt or compounds with his creditors.

7 (f) is absent, except on leave granted by the COMMISSION ,from all meetings of the COMMISSION held during twoconsecutive months, or during any three months in any periodof twelve months;(g) fails to carry out all or any of the duties or functionsconferred or imposed on him by this Act:Provided that the appointment of the chairman or other membershall not be terminated under this subsection unless he has been givena reasonable opportunity of being heard:Provided further that where an appointment is terminated a concisereport thereof shall with all convenient speed be laid before the NationalAssembly.(2) The chairman or any other member may resign by letteraddressed to the andconditions ofchairman andother ofappointmentand OF GUYANAI ntegrity Commission9 Cap.

8 19 3 chairman or other member shall not enter upon the duties ofhis office unless he has taken and subscribed the oath of office set outin the Constitution before a magistrate or a justice of the peace and suchoath shall be deposited by the chairman or other member with the Headof the Presidential (1) Where the Chairman or any other member is interested in anymatter before the COMMISSION or any person who is a party to anyproceedings before the COMMISSION the Chairman or other member sointerested shall disclose the nature of his interest to the COMMISSION andshall not participate in its sittings in relation to the said matter or person.(2) Where in the opinion of the President or of the Commissionthe chairman or any other member is interested in any matter before theCommission or any person who is a party to any proceedings before theCommission, the President or the COMMISSION , as the case maybe, shalldirect the chairman or other member not to participate in the sittings ofthe COMMISSION in relation to the said matter or person.

9 (3) Where the chairman or any other member acts incontravention of this section he shall be guilty of misconduct undersection 5(l)(c).8.(1) The COMMISSION shall perform the functions conferred on itby this Act.(2) The COMMISSION shall have power to do anything which in theopinion of the COMMISSION is calculated to facilitate the properperformance of its functions or is incidental thereto.(3) In the exercise and discharge of its functions, the Commissionshall not be subject to the direction or control of any other person (1) The headquarters of the COMMISSION shall be in Georgetown,but the COMMISSION may hold its sittings at any other place in Guyana andwith the permission of the President, at any place outside of inmatter orproceedingsbeforeCommissionby OF GUYANAI ntegrity CommissionCap.

10 19:1210(2) Where the chairman cannot for any reason attend any sittingof the COMMISSION , the members present and forming a quorum mayelect one of their number to act as chairman for that meeting.(3) No sitting or decision of the COMMISSION , or any other act orthing done in pursuance of the powers conferred on it, shall be deemedto be invalid or ineffective only on the ground that (a) there was a vacancy in the membership of theCommission or that any member did not participate in anyparticular sitting of the COMMISSION ;(b) there was any defect in the appointment or qualificationof any person purporting to be a member thereof; or(c) there was any minor irregularity (not calculated tocause any prejudice, or injustice or hardship to any person) inthe convening or conduct of any meeting thereof.