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Constitution of the Co-Operative Republic of Guyana |
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THE SERVICE COMMISSIONS
THE JUDICIAL SERVICE COMMISSION
198.
(1) The members of the Judicial Service Commission shall be -
(a) the Chancellor, who shall be Chairman;
(b) the Chief Justice;
(c) the Chairman of the Public Service Commission; and
(d) such other members (hereinafter referred to as "appointed members") as may be appointed in accordance with the provisions of the next following paragraph.
(2) The appointed members shall be appointed by the President as follows, that is to say -
(a) one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court acting after meaningful consultation with the Leader of the Opposition; and
(b) not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the National Assembly has meaningfully consulted such bodies as appear to it to represent attorneys-at-law in Guyana and signified its choice of members to the President:
Provided a person shall be disqualified for appointment as a member of the Commission if he is a public officer.
(3) Subject to the provisions of the next following paragraph, the office of an appointed member of the Judicial Service Commission shall become vacant -
(a) at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or
(b) if he is appointed to the office of Chancellor, Chief Justice or Chairman of the Public Service Commission or of the Teaching (b) the Chief Justice;
(c) the Chairman of the Public Service Commission; and
(d) such other members (hereinafter referred to as "appointed members") as may be appointed in accordance with the provisions of the next following paragraph.
(2) The appointed members shall be appointed by the President as follows, that is to say -
(a) one from among persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court acting after meaningful consultation with the Leader of the Opposition; and
(b) not less than one and not more than two from among persons who are not attorneys-at-law in active practice, after the National Assembly has meaningfully consulted such bodies as appear to it to represent attorneys-at-law in Guyana and signified its choice of members to the President:
Provided a person shall be disqualified for appointment as a member of the Commission if he is a public officer.
(3) Subject to the provisions of the next following paragraph, the office of an appointed member of the Judicial Service Commission shall become vacant -
(a) at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed; or
(b) if he is appointed to the office of Chancellor, Chief Justice or Chairman of the Public Service Commission or of the Teaching Service Commission or if he becomes a public officer.
(4) The provisions of article 225 (which relate to removal from office) shall apply to the office an appointed member of the Judicial Service Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister and the Chancellor respectively.
(5) If the office of an appointed member is vacant or an appointed member is for any reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of paragraph (2) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed to act in the office of an appointed member shall, subject to the provisions of paragraphs (3)(b) and (4), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.
(6) A person shall not, while he holds or is acting in the office of a member appointed under paragraph (2)(b), or within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this Constitution in the President acting in accordance with the advice of the Judicial Service Commission or in that Commission.
(7) If, by virtue of provision made by Parliament under article 199(3) or article 203(6), power to make appointments to or to act in any office or to remove or exercise disciplinary control over persons holding or acting in any office is vested in the President acting in accordance with the advice of the Judicial Service Commission or is vested in the Judicial Service Commission, Parliament may provide for the inclusion in the Commission, for the purpose of the exercise of any function or power vested in the Commission by virtue of that provision and of any proceedings of the Commission relating thereto, of members additional to those mentioned in paragraph (1) and for the appointment (including disqualifications for appointment) and tenure of office of such additional members; and provision for the inclusion of different additional members may be made in relation to functions or powers vested in the Commission as aforesaid in relation to different offices.
199.
(1) The power to make appointments to the offices to which this article applies and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Judicial Service Commission.
(2) The Judicial Service Commission may, by directions inwriting and subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more of its members or to any person holding or acting in an office in respect of which power to make appointments is vested in the President acting in accordance with the advice of the Commission or to which this article applies.
(2A) Where any power of the Judicial Service Commission is exercised under paragraph (2), any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to that Commission from the decision of the person exercising the power.
(2B) The decision of the Judicial Service Commission on any appeal made under paragraph (2A) shall be final.
(3) This article applies to the office of Commissioner of Title, Magistrate, Director of Public Prosecutions, Deputy Director of Public Prosecutions, Registrar of the High Court, Deputy Registrar of the High Court, Registrar of Deeds, Deputy Registrar of Deeds and to such other offices (not being offices in respect of which provision for the making of appointments is made by any provision of this Constitution other than article 201) connected with the courts of Guyana or for appointment to which legal qualifications are required as may be prescribed by Parliament.
THE PUBLIC SERVICE COMMISSION
200.
(1) The Public Service Commission shall consist of six members who shall be appointed as follows, that is to say -
(a) three members appointed by the President acting after meaningful consultation with the Leader of the Opposition;
(b) two members appointed by the President upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent public officers or classes of public officers; and
(c) if the President thinks fit, one other member appointed by the President acting in accordance with his own deliberate judgment:
Provided that a person shall be disqualified for appointment as a member of the Commission if he is a public officer.
(2) The Chairperson and the Deputy Chairperson of the Commission shall be elected by and from the members of the Commission using such consensual mechanism as the Commission deems fit.
(3) Subject to the provisions of the next following paragraph, the office of a member of the Public Service Commission shall become vacant at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed.
(4) The provisions of article 225 (which relate to removal from office) shall apply to the office of a member of the Public Service Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister except that, in relation to a member other than the Chairperson or a member for the time being acting in the office of Chairperson under the next following paragraph, the prescribed authority for the purposes of the said paragraph (6) shall be the Chairperson.
(5) If the office of Chairperson of the Pubic Service Commission is vacant or the holder thereof is for any reason unable to perform the functions of his office, then the holder of the office of Deputy Chairperson or if that office is vacant or the holder thereof is for any reason unable to preform the functions of the office of Chairperson, one of the other members may be elected to act in the
office of Chairperson; and the Deputy Chairperson or such other member shall continue so to act until a person has been elected to the office of Chairperson and has resumed the functions of that office or, as the case may be, until the Chairperson, or if a member other than the Deputy Chairperson is acting therein, the Deputy Chairperson has assumed or resumed those functions.
(6) If the office of a member of the Public Service Commission other than the Chairperson is vacant or if the holder thereof is acting as Chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of paragraph (1) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (4), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be , until the holder thereof resumes those functions.
(7) A person shall not, while he holds or is acting in the office of a member of the Public Service Commission or within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to act in any office power to make appointments to which is vested by this Constitution in the President acting in accordance with the advice of the Public Service Commission or in that Commission.
201.
(1) Subject to the provisions of this Constitution , the power to make appointments to public offices and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Public Service Commission.
(2) The Public Service Commission may, by directions in writing subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more members of the Commission or, with the consent of the Prime Minister, to any public officer, or, in relation to any office on the staff of the Clerk of the National Assembly, to the Clerk.
(3) No person shall be appointed under this article to or to action any office on the personal staff of the President except with the concurrence of the President.
(4) Before the Public Service Commission or any member or officer exercising powers under this article appoints to or to act in any public office any person who holds or is acting in any office power to make appointments to which is vested under this Constitution in the Judicial or the Teaching or the Police Service Commission ,the Public Service Commission or that member or officer shall consult with the Commission in which that power is vested .
(5) Before the Public Service Commission or any member thereof exercises any of the powers mentioned in paragraph (1) in relation to any office on the staff of the Clerk of the National Assembly (other than the Deputy Clerk) or any person holding or acting in such an office, the Commission or that member shall consult the Clerk.
(6) A public officer shall not be removed from office or subjected to any other punishment under this article on the grounds of any act committed by him in the exercise of a judicial function conferred on him unless the Judicial Service Commission concurs therein.
(7) The provisions of this article shall not apply in relation to any of the following offices, that is to say -
(a) [ Paragraph (a) deleted by Act No. 5 of 2001]
(b) the office of Auditor General;
(c) any office to which article 205 applies;
(d) so far as they relate to power to make appointments on transfer, any office to which article 206 applies;
(e) any office to which article 199 (relating to offices within the jurisdiction of the Judicial Service Commission) applies;
(f) any office to which article 209 (relating to offices within the jurisdiction of the Teaching Service Commission) applies ; or
(g) the office of the Commissioner of Police or any other office in the Police Force.
202.
(1) Where any power of the Public Service Commission is exercised under article 201(2) any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment) may appeal to the Commission from the decision of the person exercising the power.
(2) Subject to the other provisions of this Constitution, the decision of the Public Service Commission on any appeal made under paragraph (1) shall be final.
203.
(1) [ Paragraph (1) deleted by Act No. 6 of 2001]
(2) If the office of the Director of Public Prosecutions (in this article referred to as "the Director") is vacant of if the holder thereof is for any reason unable to preform the functions thereof, the Judicial Service Commission, may appoint a person to act in the office of the Director, and any person so appointed shall, subject to the provisions of paragraphs (4) and (5), continue to act until a person has been appointed to the office of the Director and has assumed the functions of the office or, as the case may be , until the holder thereof has resumed those functions.
(3) A person shall not be qualified to be appointed to hold or act in the office of the Director unless he is qualified to be appointed as a Puisne Judge of the High Court.
(4) Subject to the provisions of the next following paragraph, the Director shall vacate his office when he attains the age of sixty years:
Provided the Judicial Service Commission, may permit a Director who has attained the age of sixty years to continue in office until he has attained such later age, not exceeding sixty - five years, as may ( before the Director has attained the age of sixty years) have been agreed with the Director.
(5) The provisions of article 255 ( which relate to removal from office) shall apply to the office of the Director, and the prescribed authority for the purposes of paragraph (4) of that article shall be the Chairperson of the Judicial Service Commission and for the purposes of paragraph (6) of that article shall be the Judicial Service Commission.
(6) [ Paragraph (6) deleted by Act No. 6 of 2001]
204.
(1) The Auditor General shall be appointed by the President acting in accordance with the advice of the Public Service Commission.
(2) If the office of Auditor General is vacant or the holder of the office is for any reason unable to preform the functions thereof, the President acting in accordance with the advice of the Public Service Commission may appoint a person to act in the office, and any person so appointed shall, subject to the provisions of paragraphs (3) and (4), continue to act until a person has been appointed to the office of the Auditor General and has assumed the functions of that office or, as the case may be, until the holder thereof has resumed those functions.
(3) Subject to the provisions of the next following paragraph the Auditor General shall vacate his office when he attains such age as may be prescribed by Parliament.
(4) The provisions of article 225 (which relate to the removal from office) shall apply to the office of the Auditor General, and the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime Minister or the Chairman of the Public Service Commission and for the purposes of paragraph (6) of that article shall be the Public Service Commission.
205.
(1) The power to make appointments to the offices to which this article applies and to remove from office persons holding or acting in such offices shall vest in the President.
(2) Before making an appointment under paragraph (1) in favour of any person who holds any public office other than an office to which this article applies, the President shall consult the appropriate Commission.
(3) The offices to which this article applies are the offices of Solicitor General, Permanent Secretary, Secretary to the Cabinet, Ambassador, High Commissioner or other principal representative of Guyana in any other country or accredited to any international organisation.
(4) In Paragraph (2) of this article " the appropriate Commission" means, in the case of a person who holds an office power to make appointments to which is vested in the President acting in accordance with the advice of the Judicial Service Commission or is vested in that Commission, the Judicial Service Commission, in the case of a person who is a teacher in the public service, the Teaching Service Commission, in the case of a person who holds an office power to make appointments to which is vested in the President acting in accordance with the advice of the Police Service Commission or is vested in that Commission , the Police Service Commission, and in any other case the Public Service Commission.
206.
(1) The power to make appointments on transfer to the offices to which this article applies shall vest in the President.
(2) The offices to which the article applies are -
(a) offices (other than those to which the preceding article applies) the holders of which are required to reside outside Guyana for the proper discharge of their functions ; and
(b) such offices in the department responsible for the external affairs of Guyana as may from time to time be designated by the President.
THE TEACHING SERVICE COMMISSION
207.
(1) The Teaching Service Commission shall consist of seven members.
(2) Six of the members of the Commission (hereinafter referred to as "appointed members") shall be appointed as follows -
(a) [ Paragraph (a) deleted by Act No. 5 of 2001]
(b) one person appointed by the President on the nomination of the Guyana Teachers' Association;
(c) two persons nominated for appointment by the Minister assigned responsibility for local government after that Minister has consulted with local democratic organs or bodies ; and(d) three persons appointed by the President after meaningful consultation with the Leader of the Opposition.
(3) The other member of the Commission shall be the Chief Education Officer.
(4) The Chairperson and the Deputy Chairperson of the Commission shall be elected by and from the members of the Commission using such consensual mechanism as the Commission deems fit.
(5) A person shall be disqualified for appointment as an appointed member of the Commission if he is a public officer.
(6) A person shall not while he is holding or is acting in the office of a member of the Commission or within three years commencing with the date on which he last held or acted in that office be eligible for appointment as a teacher in the public service.
(7) The Chairperson, the Deputy Chairperson and one other member designated as such in the instrument appointing him or her shall be full-time members of the Commission.
(8) The President may grant leave of absence to any appointed member of the Commission.
(9) An appointed member of the Commission may at any time resign his office as such member by writing under his hand addressed to the President.
(10) An appointed member of the Commission shall be eligible for re-appointment.
208.
(1) Subject to the provisions of this article, the office of an appointed member of the Commission shall become vacant at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed.
(2) The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Teaching Service Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister, except that, in relation to a member other than the Chairman of the Commission or a member for the time being acting in the office of Chairman, the prescribed authority for the purposes of the said paragraph (6) shall be the Chairman of the Commission.
(3) The provisions of paragraph (2) shall be without prejudice to the power of the President to revoke the appointment of a member of the Commission appointed under paragraph (2) (b) of article 207 on a request being made for such revocation to the President by the Guyana Teachers Association.
209.
(1) Subject to the provisions of this Constitution, the power to appoint persons as teachers in the public service and to remove and to exercise disciplinary control over persons holding or acting in such offices shall vest in the Teaching Service Commission.
(2) The Teaching Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under paragraph (1) to any one or more of its members or, with the consent of the Prime Minister, to any public officer.
(3) Where any power of the Teaching Service Commission is exercised under paragraph (2), any person in respect of whom the power was exercised (including a person who has failed to obtain an appointment ) may appeal to that Commission from the decision of the person exercising the power.
(4) Subject to the other provisions of this Constitution, the decision of the Teaching Service Commission on any appeal made under paragraph (3) shall be final.
THE POLICE SERVICE COMMISSION
210.
(1) The Police Service Commission shall consist of -
(a) a Chairman appointed by the President acting after meaningful consultation with the Leader of the Opposition from among members appointed under subparagraph (c);
(b) the Chairman of the Public Service Commission;
(c) four members appointed by the President upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent the majority of the members of the Police Force and any other such body it deems fit:
Provided that a person should be disqualified for appointment as a member of the Commission if he is a public officer.
(2) Subject to the provisions of the next following paragraph, the office of an appointed member of the Police Service Commission shall become vacant at the expiration of three years from the date of his appointment or at such earlier time as may be specified in the instrument by which he was appointed.
(3) The provisions of article 225 (which relate to removal from office) shall apply to the office of an appointed member of the Police Service Commission. In the case of an appointed member other than the Chairman, the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime Minister or the Chairman and for the purposes of paragraph (6) of that article shall be the Chairman. In the case of the Chairman the prescribed authority for the purposes of paragraphs (4) and (6) of article 225 shall be the Prime Minister.
(4) If the office of an appointed member of the Police Service Commission is vacant or if the holder thereof is for any reason unable to perform the functions of his office, the President, acting after meaningful consultation with the Leader of the Opposition, may appoint a person who is qualified to be appointed as a member of the Commission to act in that office, any person so appointed shall, subject to the provisions of paragraph (3), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or as the case may be, until the holder thereof resumes those functions.
(5) A person shall not, while he holds or is acting in the officeof an appointed member of the Police Service Commission or within a period of three years commencing with the date on which he last held or acted in that office, be eligible for appointment to or to acting any public office.
211.
(1) The Commissioner of Police and every Deputy Commissioner of Police shall be appointed by the President acting after meaningful consultation with the Leader of the Opposition and Chairperson of the Police Service Commission after the Chairperson has consulted with the other members of the Commission.
(2) If the office of Commissioner of Police is vacant or if the holder thereof is for any reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of the preceding paragraph shall apply to such an appointment as they apply to the appointment of a person to hold that office; and any person appointed to act in the office of Commissioner of Police shall, subject to the provisions of paragraphs (3) and (4), continue to act until a person has been appointed to that office and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions .
(3) Subject to the provisions of the next following paragraph, the Commissioner of Police shall vacate his office when he attains such age as may be prescribed by Parliament.
(4) The provisions of article 225 (which relate to the removal from office) shall apply to the office of the Commissioner of Police, and the prescribed authority for the purposes of paragraph (4) of that article shall be the Prime Minister or the Chairman of the Police Service Commission and for the purposes of paragraph (6) of that article shall be the Police Service Commission.
(5) The provisions of article 229 shall apply to resignation from the office of Commissioner of Police as they apply to resignation from an office established by this Constitution.
(6) In this article references to the office of Deputy Commissioner of Police are references to the office, however styled, that ranks next in seniority in the Police Force after the office of Commissioner of Police, provided that there may be more than one office of Deputy Commissioner of Police and that, if there are more than one such office, the holders thereof shall rank among themselves according to the dates of their respective appointments.
212.
(1) Subject to the provisions of article 211 (1), the power to make appointments to any offices in the Police Force of or the above the rank of Inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Police Service Commission.
(2) The Police Service Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its powers under the preceding paragraph to any one or more of the members of the Commission or to the Commissioner of Police or, in the case of the power to exercise disciplinary control, to any other member of the Police Force.
(3) The power to make appointments to any offices in the
Police Force below the rank of Inspector, the power to exercise disciplinary control over persons holding or acting in such offices and the power to remove such persons from office shall vest in the Commissioner of Police.
(4) The Commissioner of Police may, by directions given in such manner as he thinks fit and subject to such conditions as he thinks fit, delegate any of his powers under the preceding paragraph to any other member of the Police Force.
(5) Parliament may provide that, where the power to exercise disciplinary control over any member of the Police Force (including the power to remove him from office) has been exercised under this article by any person (hereinafter referred to as "the disciplinary authority") other than the Police Service Commission, the member of the Police Force in respect of whom it was exercised may appeal from the decision of the disciplinary authority to the Police Service Commission :
Provided that Parliament, or in the case of a decision of the disciplinary authority that is made in the exercise of a power delegated to that authority under the preceding paragraph, the Commissioner of Police may require appeals to be made to the Commissioner of Police or a member of the Police Force of higher rank that the disciplinary authority before they are made to the Police Service Commission.
(6) Parliament may make provision with respect to offences against Police Force discipline and the punishment that may be imposed for any such offence , and any power to exercise disciplinary control (including any power to remove a person from office) or to determine an appeal from a decision to exercise such a power that is exercisable by any person or authority under the provisions of this article shall be exercised in accordance with any such provision.
(7) Before the Police Service Commission or any member of the Commission or of the Police Force exercising powers under this article appoints to or to act in an office in the Police Force any person who holds or is acting in any office power to make appointments to which is vested under this Constitution in the Judicial, the Public or the Teaching Service Commission, the Police Service Commission or that member shall consult the Commission in which that power is vested .
(8) If provision is made under any law -
(a) alerting the ranks into which the Police Force established by the Police Act is divided; or
(b) establishing a police force other than that Police Force, or alerting the ranks into which any other police force is divided,the Police Service Commission may by order specify some rank (other than the rank of Inspector) in the Police Force or, as the case may be, in that other police force as being equivalent to the rank of Inspector as it exists in the Police Force under the law in force immediately before the commencement of this Constitution and the references in paragraphs (1) and (3) to the rank of Inspector shall then be construed as if they were in relation to the Police Force, or, as the case may be, in relation to that other police force, references to the rank for the time being so specified.
THE ETHNIC RELATIONS COMMISSION
212 A. There shall be an Ethnic Relations Commission.
212 B.
(1) The Ethnic Relations Commission shall consist of -
(a) not less than five nor more than fifteen members nominated by entities, by a consensual mechanism determined by the National Assembly, including entities, representative of religious bodies, the labour movement, the private business sector, youth and women after the entities are determined by the votes not less than two - thirds of all elected members of the National Assembly;
(b) a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions to be established under this Constitution, Indigenous Peoples' Commission, Woman and Gender Equality Commission, Commission for the Rights of the Child and Human Rights Commission.
(2) The Chairperson and Deputy Chairperson of the Ethnic Relations Commission shall be elected by and from the members of the Commission, other than the members mentioned in paragraph (1) (b), using such consensual mechanism as the Commission deems fit.
(3) Subject to paragraph (4) (a) , members of the Ethnic
Relations Commission shall be appointed for three years and shall be eligible for re-appointment.
(4)
(a) Of those members first appointed under paragraph (1) (a), a majority shall hold office for four years.
(b) Of those members nominated under paragraph (1) (b), the duration which each shall serve shall, subject to paragraph (3), be determined by the Commission by and from which that member is nominated.
(5) The Ethnic Relations Commission shall establish a secretariat comprising its officer and employees.
(6) The Ethnic Relations Commission shall appoint a Chief Executive Officer, who shall serve as a Secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions, on such terms and conditions as may be determined by the Commission, save that remuneration of the officers and employees shall be subject to the approval of the National Assembly.
(7) The provisions of article 225 shall apply to the office of a member of the Ethnic Relations Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Speaker of the National Assembly except that, in relation to a member other than the Chairperson of the Ethnic Relations Commission or a member for the time being acting in the office of the Chairperson under the next following paragraph, the prescribed authority for the purposes of the said paragraph (6) shall be the Chairperson of the Ethnic Relations Commission.
(8) If the office of the Chairperson of the Ethnic Relations Commission is vacant or the holder thereof is of any reason unable to perform the functions of his office, then the holder of the office of the Deputy Chairperson, or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of Chairperson, such one of the other members, other than a member nominated under paragraph (1) (b), as the Commission may be appoint, shall act in the office of Chairperson; and the Deputy Chairperson or such other member shall continue so to act until a person has been appointed to the office of Chairperson and has assumed the functions of that office or, as the case may be, until the Chairperson, or if a member other than the Deputy Chairperson is acting therein, the Deputy Chairperson has assumed or resumed those functions.
(9) If the office of a member of the Ethnic Relations Commission, other than the Chairperson is vacant or if the holder thereof is acting as Chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his office, a person may be appointed to act in that office and the provisions of paragraph (1) shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned ; and any person appointed under this paragraph shall, subject to the provisions of paragraph (7), continue to act until a person has been appointed to the office in which he is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumed those functions.
212C. Parliament may by law provide for the establishment of an Ethnic Relations Commission Tribunal and such law may make provisions for-
(a) the constitution of the Tribunal;
(b) all matters relating to the jurisdiction, powers and duties of the Tribunal;
(c) all matters relating to appeals from decisions of the Tribunal including a right of appeal to the Court of Appeal on the points of law; and
(d) the practice and procedure of the Tribunal.
212D. The functions of the Ethnic Relations Commission are to -
(a) provide equality of opportunity between persons of different ethnic groups and to promote harmony and good relations between such persons;
(b) promote the elimination of all forms of discrimination on the basis of ethnicity;
(c) discourage and prohibit persons, institutions, political parties and associations from indulging in, advocating or promoting discrimination or discriminatory practices on the ground of ethnicity;
(d) foster a sense of security among all ethnic groups by encouraging and promoting the understanding , acceptance and tolerance of diversity in all aspects of national life and
promoting full participation by all ethnic groups in the social, economic, cultural and political life of the people;
(e) promote educational and training programmes and research projects which provide for and encourage ethnic peace and harmony;
(f) encourage and create respect for religious, cultural and other forms of diversity in a plural society;
(g) promote arbitration, conciliation, mediation and like forms of dispute resolution in order to secure ethnic harmony and peace;
(h) establish mechanisms and procedures for arbitration, conciliation, mediation and like forms of dispute resolution that would ensure ethnic harmony and peace;
(i) recommend to the National Assembly criteria to be considered for the purposes of deciding whether any person has committed acts of discrimination on the ground of ethnicity;
(j) investigate complaints of racial discrimination and make recommendations on the measure to be taken if such complaints are valid, and where there is justification therefor refer matters to the Human Rights Commission or other relevant authorities for further action to be taken;
(k) monitor and review all legislation and all administrative acts or omissions relating to or having implications for ethnic relations and equal opportunities and, from time to time, prepare and submit proposals for revision of such legislation and administrative acts and omissions;
(l) immediately report to the National Assembly and to all relevant authorities any proposed legislation which the Commission thinks may be contrary to the constitutional provisions relating to ethnicity;
(m) promote equal access by persons of all ethnic groups to all public or other services and facilities provided by the Government or other bodies;
(n) promote and encourage the acceptance and respect by all segments of the society of the social identity and cultural inheritance of all ethnic groups;
(o) promote cooperation between all bodies concerned with the fostering of harmonious ethnic relations;
(p) investigate on its own accord or on request from the National Assembly or any other body any issues affecting ethnic relations;
(q) identify and analyse factors inhibiting the attainment of harmonious relations between ethnic groups, particularly barriers to the participation of any ethnic group in social, economic, commercial, financial , cultural and political endeavors and recommend to the National Assembly and any other relevant public or private sector bodies how these factors should be overcome;
(r) monitor and report to the National Assembly on the status and success of implementation of its recommendations;
(s) study and make recommendations to the National Assembly on any issue relating to ethnic affairs, including conducting studies to determine whether race relations are improving;
(t) monitor and make recommendations to the National Assembly and other relevant public and private sector bodies on factors inhibiting the development of harmonious relations between ethnic groups and on barriers to the participation of all ethnic groups in social, economic, commercial, financial, cultural and political life of the people;
(u) consult with other bodies and persons to determine and specify the perceived needs of various ethnic groups for the fostering of the harmonious relations;
(v) train and enlist the aid of such persons and acquire such facilities as the Commission deems necessary to accomplish its functions;
(w) make recommendations on penalties, including the prevention of any political party or any person from participating in elections for a specified period, to be imposed for any breach of the provisions of this Constitution or any law dealing with ethnicity;
(x) do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the Commission.
212E.
(1) As soon as practicable after the end of each financial year of its operation, the Ethnic Relations Commission shall submit to the Speaker of the National Assembly an annual report of the activities of the Commission for the preceding year and the report shall be laid before Assembly within thirty days of its submission if the Assembly is sitting, and if the Assembly is not sitting, at the first meeting on the resumption of the Assembly.
(2) The Chairperson of the Ethnic Relations Commission may at any time submit a special report to the Speaker of the National Assembly with respect to any aspect of the functions of the Commission which the Commission considers should in the national interest be brought to the attention of the Assembly because it affects a wide cross section of the populace and there could be disastrous consequences if a report thereon is not brought to the attention of the Assembly.
(3) The Commission shall prepare and publish an executive summary of its annual report; and shall published every special report in the media, having wide accessibility, within forty-five days of the submission of such special report to the National Assembly.
212F.
(1) Subject to the approval of the National Assembly, the Ethnic Relations Commission shall make rules relating to the procedure of the Commission and to such administrative and managerial matters relating to the procedure of the Commission as it thinks fit; and until such rules relating to the procedure are made, the Commission shall regulate its own procedure.
(2) Except paragraphs (2), (6) and (7) and the provisos to paragraphs (4) and (5), the provisions of article 226 shall mutatis mutandis apply to the Ethnic Relations Commission.
THE RIGHTS COMMISSIONS
Commissions for the Promotion and Enhancement of the Fundamental Rights and the Rule of Law
212G.
(1) There are hereby established the following Commissions, the goals of which are to strengthen social justice and the rule of law -
(a) the Human Rights Commission;
(b) the Women and Gender Equality Commission;
(c) the Indigenous Peoples' Commission ;
(d) the Rights of the Child Commission.
(2) A Commission shall be independent, impartial, and shall discharge its functions fairly.
(3) A Commission shall be funded by a direct charge upon the Consolidated Fund in accordance with article 222A.
212H.
(1) Subject to paragraph (2) (a), members of a Commission shall be appointed for three years and shall be eligible for re- appointment.
(2) Of those members-
(a) first appointed, other than the members nominated by and from another Commission, a majority shall hold office for four years;
(b) nominated by and from another Commission, the duration for which each shall serve shall not exceed the remaining tenure on the Commission by and from which they have been nominated;
(3) The provisions of article 225 shall apply to the office of a member of a Commission, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Speaker of the National Assembly except that, in relation to a member other than the Chairperson or a member for the time being acting in the office of the Chairperson under paragraph (5), the prescribed authority for the purposes of paragraph (6) shall be the Chairperson; this paragraph does not apply to the Chairperson of the Human Rights Commission.
(4) The Chairperson and the Deputy Chairperson of a Commission, other than the Human Rights Commission, shall be elected by and from the members of the Commission, other than the members nominated by and from another Commission, using such consensual mechanism as the Commission deems fit.
(5) If the office of Chairperson of a Commission, other than the Human Rights Commission, becomes vacant or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of the Deputy Chairperson, or if that office is vacant, or the holder thereof is for any reason unable to perform the functions of the office of the Chairperson, one of the other members, other than the members nominated by and from another Commission, may be elected to act in the office of Chairperson; and the Deputy Chairperson or such other member shall continue to act until a person has been elected to the office of the Chairperson and has assumed the functions of that office or, as the case may be, until the Chairperson or if a member other than the Deputy Chairperson is acting therein , the Deputy Chairperson has assumed or resumed those functions.
(6) If the office of a member of a Commission other than the Chairperson is vacant or if the holder thereof is acting as Chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions in relation of the appointment of members of a Commission shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (3), continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be until the holder thereof resumed those functions.
212I. The Human Rights Commission Secretariat shall be the Secretariat for all the Commissions established under article 212G (1)
212J.
(1) In addition to the functions prescribed by this Constitution, the functions of a Commission , may be provided for by law; any addition thereto in the Constitution shall be approved by the votes of a majority of all the elected members of the National Assembly but the removal or variation of any function shall be by the votes of not less than two-thirds of such members.
(2) A Commission, other than the Human Rights Commission, shall have the following general functions -
(a) to monitor and review all existing and proposed legislation, policies and measure for compliance with the objects and matters under its purview and report the need for any amendment to any legislation to the National Assembly;
(b) to educate the public regarding the nature and content of matters under its purview;
(c) to carry out or cause to be carried out research and studies concerning the observance of matters under its purview and report the findings and recommendations thereon to the National Assembly;
(d) to investigate complaints of, or initiate investigations into, violations of the rights under its purview;
(e) to resolve disputes or rectify acts or omissions by mediation, conciliation or negotiation;
(f) to take appropriate action on behalf of persons whose rights have been, are being , or are likely to be violated;
(g) to liaise with government and non-governmental organisations, and other relevant bodies to address the complaints and concerns of persons regarding matters under its purview;
(h) to enlist the aid of such persons as may be necessary to give expert advice in order to facilitate its functions;
(i) to prepare and submit reports to the National Assembly pertaining to any convention, covenant or charter relating to the objects of a Commission ; and
(j) to do all other acts and things as may be necessary to facilitate the efficient discharge of its functions.
(3) A Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to any one or more members of the Commission, or such officers of the Commission as the Commission may determine.
(4) A Commission may require any person or any entity, including a ministry or government department , to provide it with information -
(a) for the purpose of any investigation it is carrying out or proposes to carry out; and
(b) on the measures that have been or are being taken for the implementation of the decisions of, or the compliance with any provision relating to, the Commission.
(5) For the purposes of paragraph (4), Parliament may by law make provision for offences and penalties for non-compliance with any requirement, or decision of, or provision relating to a Commission.
(6) A Commission may at any stage refer any matter to the Human Rights Commission or any other relevant authority or entity to be dealt with.
212K. Parliament may by law provide for the establishment of a Rights Commissions Tribunal and such law may make provision for -
(a) the Constitution of the Tribunal;
(b) all matters relating to the jurisdiction, powers and duties of the Tribunal;
(c) all matters relating to appeals from decisions of the Tribunal to the Court of Appeal; and
(d) the practice and procedure of the Tribunal.
212L.
(1) A decision of a Commission is subject to an appeal to the Rights Commissions Tribunal.
(2) A decision of the Rights Commissions Tribunal is subject to an appeal to the Court of Appeal.
212M.
(1) As soon as practicable after the end of each year of its operation, a Commission shall submit to the National Assembly an annual report of the activities of the Commission during the preceding year and the report shall be tabled in the Assembly within thirty days of its submission if the National Assembly is sitting, if not, at the first meeting of the Assembly thereafter.
(2) The Chairperson of a Commission may at any time submit a special report to the National Assembly with respect of any aspect of the functions of a Commission which the Commission considers should, in the national interest, be brought to the attention of the National Assembly.
(3) For the purposes of paragraph (2) a matter is of national interest if -
(a) it affects a wide cross - section of the populace; and
(b) disastrous consequences would result if a report on the matter were not brought to the attention of the National Assembly.
(4) A Commission shall prepare and publish an executive summary of its annual report; provided that each special report shall be published in media having wide accessibility in Guyana within forty-five days of its submission to the National Assembly.
THE HUMAN RIGHTS COMMISSION
212N.
(1) The Human Rights Commission shall promote the observance of and respect for, and protect and investigate violations of the rights recognised by this Constitution and any other law relating to equality of opportunity and treatment (hereinafter referred to as "the rights").
(2) The Human Rights Commission shall consist of a full time Chairperson and such other members, to be appointed in accordance with this article.
(3) The Chairperson of the Human Rights Commission shall be a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such court or who is qualified to be appointed as any such judge, or any other fit and proper person with expertise or experience in human rights matters, to be appointed by the President from a list, not unacceptable to the President, of six persons submitted by the Leader of the Opposition after meaningful consultation with such entities as appear to him or her to have expertise or experience in human rights matters:
Provided that if the Leader of the Opposition fails to supply such a list to the President, the President shall request him or her to do so within a stated period, failing which the President shall in his or her own deliberate judgment, appoint a person who holds or has held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court or who is qualified to be appointed as any such judge.
(4) In addition to the Chairperson , there shall be four members of the Commission who shall be the Chairpersons of the Ethnic Relations Commission, Women and Gender Equality Commission, Indigenous Peoples' Commission and Rights of the ChildCommission. .
(5) The Deputy Chairperson of the Human Rights Commission shall be elected by and from the other members of the Commission using such consensual mechanism as the Commission deems fit.
(6) If the office of Chairperson of the Commission becomes vacant, or the holder thereof is for any reason unable to perform the functions of the office, then the holder of the office of the Deputy Chairperson, or if that office is vacant or the holder thereof is for any reason unable to perform the functions of the office of Chairperson, one of the other members may be elected to act in the office of Chairperson; and the Deputy Chairperson or such other member shall continue so to act until a person has been appointed to the office of Chairperson and has assumed the functions of that office or, as the case maybe, until the Chairperson or if a member other than the Deputy Chairperson is acting therein, the Deputy Chairperson has assumed or resumed those functions.
(7) The President may, with the concurrence of the Leader ofthe Opposition, remove the Chairperson from office.
212O.
(1) The functions of the Human Rights Commission are to-
(a) monitor the observance of the international instruments to which the Government accedes from time to time, including those already acceded to and specified in the Fourth Schedule;
(b) monitor and assess compliance with the rights and report the need for any amendment of the law relating thereto to the National Assembly;
(c) educate the public regarding the nature and content of the rights;
(d) make recommendations to any person or any entity, including a ministry or government department, relating to matters affecting compliance with and adoption of measures for the promotion of the rights;
(e) carry out or cause to be carried out research and studies concerning the observance of the rights and report the findings and recommendations thereon to the National Assembly;(f) monitor and review all existing and proposed legislation, policies and measures for compliance with the rights and report the need for any amendment to any legislation to the National Assembly;
(g) investigate complaints of, or initiate investigations into, violations of the rights;
(h) resolve disputes or rectify acts or omissions by mediation, conciliation or negotiation;
(i) liaise with governmental and non-governmental organisations, and other relevant bodies to address the complaints and concerns of persons regarding matters under its purview;
(j) take appropriate action on behalf of persons whose rights have been , are being or are likely to be violated;
(k) enlist the aid of such persons as may be necessary to give expert advice in order to facilitate its functions;
(l) establish as part of its Secretariat, such units as are necessary for, inter alia, the purpose of monitoring compliance with the laws relating to the rights, and for educating employers in the public and private sector and the general public on desirable employment practices;
(m) prepare and submit reports to the National Assembly pertaining to any convention, covenant or charter relating to the objects of the Commission ; and
(n) do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the Commission.
(2) If any person alleges that any of the rights has been, is being or is likely to be contravened in relation to him or her, then, without prejudice to any other action which is lawfully available to him or her, with respect to the same matter, the Commission shall have the power to institute legal action on behalf of the complainant for redress.
212P.
(1) Each Commission established under article 212G.(1) shall appoint on such terms and conditions as may be approved by the NationalAssembly, a Chief Executive Officer (who shall serves as its Secretary), and the secretary and assistants to the Chief Executive Officer.
(2) The Human Rights Commission shall be responsible for the efficient functioning of the Secretariat of the Commissions, which shall comprise-
(a) the Chief Executive Officers of the Commissions who shall be Directors in the Secretariat;
(b) the secretaries and assistants to the Chief Executive Officers; and
(c) other officers and employees , as may be necessary for the efficient discharge of the functions of the Secretariat , who shall be appointed on such terms and conditions as may be determined by the Commission.
(3) The Secretariat shall be subdivided into four units, there being a unit for each Commission dealing with issues under the purview of that Commission and headed by its Chief Executive Officer.
(4) Before a Commission appoints to act in any office referred to in paragraph (1) or (2) any person who holds or is acting in any office, power to make appointments to which is vested under this Constitution in the Judicial, the Teaching, the Police or the Public Service Commission, the Commission shall first seek and obtain the approval of the Commission in which that power is vested .
(5) Where a public officer is appointed to an office referred to in paragraph (1) or (2) that officer shall, subject to the said paragraph (1) or (2), remain a public officer unless the appointing Commission determines that that office shall be independent of the Commission from which he or she has been appointed.
(6) Nothing in this article shall be construed as precluding a Commission from appointing any person who is not a public officer to an office referred to in paragraph (1) or (2).
(7) The emoluments and allowances payable to the members of a Commission shall be proposed by the Parliamentary Sectoral Committee for Social Services in consultation with the Commission and approved by the National Assembly.
THE WOMEN AND GENDER EQUALITY COMMISSION
212Q.
(1) The Women and Gender Equality Commission shall promote national recognition and acceptance that women's rights are human rights, respect for gender equality and the protection, development and attainment of gender equality.
(2) The Women and Gender Equality Commission shall consist of persons from each of the categories referred to in subparagraphs (a) ,(b) and (c), appointed by the President as follows-
(a) not less than five nor more than fifteen members, with expertise in women's and gender equality issues, nominated by entities, by a consensual mechanism determined by the National Assembly, after the entities which shall include the Women's Advisory Committee of the Trade Union Congress, are determined by the votes of not less than two-thirds of all the elected members of the National Assembly;
(b) the Administrator of the Women's Affairs Bureau, by whatever name that office is designated; and
(c) a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the Human Rights Commission, Ethnic Relations Commission, Indigenous Peoples' Commission, and Rights of the Child Commission.
212R. In addition to the functions specified in article 212J(2), the functions of the Women and Gender Equality Commission are to -
(a) promote the issues related to the enhancement of the status of women, girls and gender issues;
(b) promote the integration of women's needs and interests and mainstreaming of gender issues;
(c) promote the empowerment of women;
(d) promote women's rights as human rights;
(e) raise the awareness of the contribution of women and problems faced by women including the recognition and value of unwaged work;
(f) promote women's needs , interests, and concerns in the wider spectrum of economic and social development and address both the practical and strategic needs of women as being different from those of men;
(g) educate and monitor employers and the public on desirable employment practices in relation to women;
(h) monitor compliance and make recommendations for the compliance with international instruments to which the Government accedes from time to time, including those already acceded to and which relate to the purpose of the Commission;
(i) evaluate any system of personal any family law, customs and practices or any law likely to affect gender equality or the status of women and make recommendations to the National Assembly with regard thereto;
(j) recommend and promote the implementation of legislation and the formulation of policies and measures so as to enhance and protect the status of women;
(k) promote, initiate or cause to be carried out research and the creation of databases on women and gender related issues including those of health, especially reproductive health,violence against women and the family, and their socio-economic and political status, as the Commission may deem relevant or as may be referred to it by the National Assembly;
(l) promote consultation and cooperation with women's organisations in relation to decision making that affects the lives of women;
(m) recommend training and technical assistance to support initiatives by and for women and girls; and
(n) promote the participation of women in national decision-making.
THE INDIGENOUS PEOPLES' COMMISSION
212S.
(1) The Indigenous People s' Commission shall establish mechanisms to enhance the status of indigenous peoples and to respond to their legitimate demands and needs.
(2) The Indigenous Peoples' Commission shall consist of persons of the categories referred to in sub-paragraphs (a) , (b) and (c) appointed by the President as the follows-
(a) not more than ten members nominated by entities, by a consensual mechanism determined by the National Assembly, after the entities are determined by the votes of not less than two-thirds of all elected members of the National Assembly;
(b) three persons, at least one being a woman nominated by the Toushaos Council and two persons including one woman nominated by Amerindian organisations determined by the votes of not less than two-thirds of all elected members of the National Assembly ; and
(c) a member who shall be a nominee, without the right to vote, chosen by and from each of the following Commissions: the Human Rights Commission , Ethnic Relations Commission, Women and Gender Equality Commission and the Rights of the Child Commission.
212T. In addition to the functions specified in article 212J (2) the functions of the Indigenous Peoples' Commission are to -
(a) promote and protect the rights of the indigenous peoples;
(b) raise awareness of the contribution of, and problems faced by, indigenous peoples;
(c) promote empowerment of the indigenous peoples, especially with regard to the village council in the local government system and the scope and authority of the Council of Toushaos;
(d) make recommendations on economic and education policies to advance the interest of the indigenous peoples;
(e) make recommendations for the protection, preservation and promulgation of the cultural heritage and language of the indigenous peoples;
(f) promote consultation and cooperation with indigenous peoples especially with regard to their participation in national decision-making and other decisions that affect their lives;
(g) recommend and promote training and technical assistance to support initiative by and for indigenous peoples;
(h) educate employers and the public and make recommendations to improve employment practices related to indigenous peoples; and
(i) monitor the need for and recommend where appropriate the establishment of mechanisms to provide counselling for indigenous peoples.
THE RIGHTS OF THE CHILD COMMISSION
212U.
(1) The Rights of the Child Commission shall promote initiatives that reflect and enhance the well-being and rights of the child.
(2) The Rights of the Child Commission shall consist of persons from each of the categories referred to in subparagraphs (a) and (b) appointed by the President as follows -
(a) not less than five nor more than fifteen members, with expertise in issues affecting children, nominated by entities, by a consensual mechanism determined by the National Assembly, after the entities which shall include the Ministry with responsibility for children's affairs, the Ministry of Education, and organisations representing the interests of youth, are determined by the votes not less than two-thirds of all elected members of the National Assembly; and
(b) a member who shall be a nominee, without the right to vote, chosen by and from each of the following commissions: the Human Rights Commission, Ethnic Relations Commission, Women and Gender Equality Commission and Indigenous Peoples' Commission.
212V. In addition to the functions specified in article 212J (2) the functions of the Rights of the Child Commission are to -
(a) promote the rights and interests of, and respect for the views of, children;
(b) ensure that the rights and interests of children are taken into account at all levels of Government, other public bodies, and private organisations when decisions and policies affecting children are taken;
(c) monitor compliance and make recommendations for the compliance with international instruments to which the Government accedes from time to time, including those already acceded to and which relate to the purpose of the Commission;
(d) consult on and participate in the preparation of the Annual Report on the Rights of the Child to be submitted by the Government to the United Nations Committee on the Rights of the Child;
(e) ensure that children have effective means of redress if their rights are being violated;
(f) monitor, evaluate and make recommendations on policies, procedures and practices of organisations, bodies and institutions in order to promote the rights of the child.
THE PUBLIC PROCUREMENT COMMISSION
212W.
(1) There shall be a Public Procurement Commission the purpose of which is to monitor public procurement and the procedure therefor in order to ensure that the procurement of goods, services and execution of works are conducted in a fair, equitable, transparent competitive and cost effective manner according to law and such policy guidelines as may be determined by the National Assembly.
(2) The Commission shall be independent, impartial, and shall discharge its functions fairly.
212X.
(1) The Public Procurement Commission shall consist of fivemembers who shall have expertise and experience in procurement, legal, financial and administrative matters.
(2) The President shall appoint the members of the Commission after such members have been nominated by the Public Accounts Committee and approved by not less than two-thirds of the elected members of the National Assembly.
212Y.
(1) Subject to paragraph (2), members of the Commission shall be appointed for three years and shall be eligible for re-appointment, for one other term of office, not earlier than three years after the end of their first term.
(2) Of those members first appointed, two shall hold office for four years.
(3) The Chairperson and Deputy Chairperson of the Commission shall be elected by and from the members of the Commission using such consensual mechanism as the Commission deems fit.
(4) The provisions of article 225 shall apply to the office of a member of the Commission, and for the purpose of paragraphs (4) and (6) of that article the prescribed authority shall be the Speaker of the National Assembly except that, in relation to a member other than the Chairperson or a member for the time acting in the office of the Chairperson under the next following paragraph, the prescribed authority for the purposes of paragraph (6) shall be the Chairperson.
(5) If the office of Chairperson of the Commission is vacant or the holder thereof is for any reason unable to preform the functions of the office, then the holder of the office of Deputy Chairperson, or if that office is vacant, or the holder thereof is for any reason unable to perform the functions of the office of Chairperson, one of the other members, may be elected to act in the office of Chairperson; and the Deputy Chairperson or such other member shall continue so to act until a person has been elected to the office of Chairperson and has assumed the functions of that office or, as the case may be, until the Chairperson or if a member other than the Deputy Chairperson is acting therein, the Deputy Chairperson has assumed or resumed those functions.
(6) If the office of a member of the Commission other than the Chairperson is vacant or if the holder thereof is acting as Chairperson under the preceding paragraph or is for any other reason unable to perform the functions of his or her office, a person may be appointed to act in that office and the provisions in relation to the appointment of members of the Commission shall apply to such an appointment as they apply to the appointment of a person to hold the office of the member concerned; and any person appointed under this paragraph shall, subject to the provisions of paragraph (4) , continue to act until a person has been appointed to the office in which he or she is acting and has assumed the functions thereof or, as the case may be, until the holder thereof resumes those functions.
212Z.
(1) The Commission shall establish a secretariat comprising its officer and employees.
(2) The Commission shall appoint a Chief Executive Officer, who shall serve as Secretary, and such other officers and employees as may be necessary for the efficient discharge of its functions. The terms and conditions of the appointment of the Chief Executive Officer and the two most senior officers shall be subject to the approval of the National Assembly.
(3) The Chief Executive Officer shall be under the direction and control of the Commission and he or she shall be responsible for the other officers and employees of the Commission who shall directly report to him or her.
(4) The Chief Executive Officer may, as directed by the Commission, attend meetings of public procurement bodies.
(5) Before the Commission appoints to act in any office referred to in paragraph (2) any person who holds or is acting in any office, power to make appointments to which is vested under this Constitution in the Judicial, the Teaching, the Police or the Public Service Commission, the Commission shall first seek and obtain the approval of the Commission in which that power is vested.
(6) Where a public officer is appointed to an office referred to in paragraph (2) that officer shall, subject to the said paragraph (2), remain a public officer unless the Commission determines that office shall be independent of any other Commission.
(7) Nothing in this article shall be construed as precluding the Commission from appointing any person who is not a public officer to an office referred to in paragraph (2).
(8) The emoluments and allowances payable to the members of the Commission shall be determined by the Public Accounts Committee in consultation with the Commission.
212AA.
(1) The functions of the Public Procurement Commission are to -
(a) monitor and review the functioning of all public procurement systems to ensure that they are in accordance with law and such policy guidelines as may be determined by the National Assembly;
(b) promote awareness of the rules, procedures and special requirements of the procurement process among suppliers, constructors and public bodies;
(c) safeguard the national interest in public procurement matters, having due regard to any international obligations;
(d) monitor the performance of procurement bodies with respect to adherence to regulations and efficiency in procuring goods and services and execution of works;
(e) approve of procedures for public procurement, disseminate rules and procedures for public procurement and recommend modifications thereto to the public procurement entities;
(f) monitor and review all legislation, policies and measures for compliance with the objects and matters under its purview and report the need for any legislation to the National Assembly;
(g) monitor and review the procurement procedures of the ministerial, regional, and national procurement entities as well as those of project execution units;
(h) investigate complaints from suppliers, contractors and public entities and propose remedial action;
(i) investigate cases of irregularity and mismanagement, and propose remedial action;
(j) initiate investigations to facilitate the effective functioning of public procurement systems;
(k) enlist the aid of such persons, as may be necessary, to assist the Commission with expert advice;
(l) liaise with and refer matters to the police and the Auditor General; and
(m) do all other acts and things as may be necessary to facilitate the efficient discharge of the functions of the Commission.
(2) In addition to the functions prescribed in this Constitution, the functions of the Commission may be provided for by law; any addition thereto in the Constitution shall be approved by the votes of a majority of all the elected members of the National Assembly but the removal or variation of any function shall be by the votes of not less than two-thirds of such members.
(3) The Commission may, by directions in writing and subject to such conditions as it thinks fit, delegate any of its functions to any one or more members of the Commission, or to such officers of the Commission as the Commission may determine.
212BB.
(1) A decision of the Commission is subject to an appeal to the Tribunal established under article 212 EE.
(2) A decision of the Tribunal is subject to an appeal to the Court of Appeal.
212.CC
(1) As soon as practicable after the end of each year of its operation, the Commission shall submit to the National Assembly an annual report of the activities of the Commission during the preceding year and the report shall be tabled in the Assembly within thirty days of its submission if the Assembly is sitting, if not, at the first meeting of the Assembly thereafter.
(2) The Chairperson of the Commission may at any time submit a special report to the National Assembly with respect to any aspect of the functions of the Commission which the Commission considers should, in the national interest, be brought to the attention of the National Assembly.
(3) For the purposes of paragraph (2) a matter is of national interest if -
(a) it affects a wide cross-section of the populace; and
(b) disastrous consequences would follow if a report on the matter were not bought to the attention of the Assembly.
(4) The Commission shall prepare and publish an executive summary of its annual report; and shall publish every special report in media having wide accessibility in Guyana within forty-five days of the submission of such special report to the National Assembly.
212DD.
(1) The Commission may require any person, or any entity, including a ministry or government department, to provide it with information-
(a) for the purposes of any investigation it is carrying out or proposes to carry out; and
(b) on the measures that have been or are being taken for the implementation of the decisions of, or the compliance with any provision relating to, the Commission.
(2) For the purposes of paragraph(1), Parliament may by law make provision for offences and penalties for non-compliance with any requirement, or decision of, or provision relating to the Commission.
212EE. Parliament may by law provide for the establishment of a Public Procurement Commission Tribunal and such law may make provision for-
(a) the Constitution of the Tribunal;
(b) all matters relating to the jurisdiction, powers and duties of the Tribunal;
(c) all matters relating to appeals from decisions of the Tribunal to the Court of Appeal; and
(d) the practice and procedure of the Tribunal.
PRINCIPLES FOR THE ESTABLISHMENT OF COMMISSIONS
212FF. The Standing Committee for Constitutional Reform shall, in addition to its functions under article 119A, continually review the operations of and the need for existing commissions and for the establishment of new commissions, applying the following considerations-
(a) the issues to be addressed by a commission must be of national interest or affect a wide cross-section of the populace;
(b) there could be disastrous consequences for the society and the country at large if the issues are not attended to and monitored;
(c) there is the assessment that it is important that political interference be eschewed in relation to the issues to be addressed;
(d) the operating procedures and mechanisms for choosing the members of a commission are such as would minimise the influence of the Executive and maximise public perception of impartiality in the operations of the commission;
(e) in accordance with the need for efficiency and cost-effectiveness, commissions should be kept small and be staffed by persons of appropriate skill and experience;
(f) where commissions, especially those of a protective nature as opposed to administrative commissions, are established to address similar issues, the limitations of human and financial resources should be considered and common secretariats should be established.
PENSIONS
213.
(1) Subject to the provisions of the next following article, the law applicable to any benefits to which this article applies shall, in relation to any person who has been granted, or who is eligible for the grant of, such benefits, be that in force on the relevant date or any later law that is not less favourable to that person.
(2) In the preceding paragraph "the relevant date" means -
(a) in relation to any benefits granted before the commencement of this Constitution the date on which those benefits were granted;
(b) in relation to any benefits granted or to be granted after the commencement of this Constitution to or in respect of any person who was a public officer before such commencement, the day immediately preceding such commencement; and
(c) in relation to any benefits granted or to be granted to or in respect of any person who becomes a public officer after the commencement of this Constitution, the date on which he becomes a public officer.
(3) Where a person is entitled to exercise an option as to which of two or more laws shall apply in his case, the law specified by him in exercising the option shall, for the purposes of this article, be deemed to be more favourable to him than the other law or laws.
(4) Any benefit to which this article applies (not being a benefit that is a charge upon some other public funds of Guyana) shall be a charge upon the Consolidated Fund.
(5) In this article references to the law applicable to any benefits to which this article applies include(without prejudice to their generality) references to any law relating to the time at which and the manner in which any person may retire in order to become eligible for those benefits.
214.
(1) Where under any law any person or authority has a discretion-
(a) to decide whether or not any benefits to which this article applies shall be granted; or
(b) to withhold, reduce in amount or suspend any such benefits that have been granted, those benefits shall be granted and may not be withheld, reduced in amount or suspended unless the appropriate Commission concurs in the refusal to grant the benefits or, as the case may be, in the decision to withhold them, reduce them in amount or suspend them.
(2) Where the amount of any benefits to which this article applies that may be granted to any person is not fixed by law, the amount of the benefits to be granted to him shall be the greatest amount for which he is eligible unless the appropriate Commission concurs in his being granted benefits of a smaller amount.
(3) The appropriate Commission shall not concur under paragraph (1) or paragraph (2) in action taken on the ground that any person who holds or has held the office of a Judge of the Supreme Court of Judicature, Director of Public Prosecutions, Auditor General or Commissioner of Police has been guilty of misbehaviour unless he has been removed from office by reason of such misbehaviour.
(4) In this article " the appropriate Commission" means -
(a) in the case of benefits for which any person may be eligible or that have been granted in respect of the service in the public service of a person who, immediately before he ceased to be a public officer -
(i) was a Judge of the Supreme Court of Judicature, or was the Director of Public Prosecutions and provision was then in force under article 203(6), or was subject to the disciplinary control of the Judicial Service Commission;
(ii) was a teacher in public service, the Teaching Service Commission;
(iii) was the Commissioner of Police or other member of the Police Force, the Police Service Commission; and
(b) in any other case, the Public Service Commission.
215.
(1) The preceding two articles apply to any benefits that are or may become payable under any law providing for the grant of pensions, compensation, gratuities or other like allowances to persons in respect of their service as public officers or to the widows, children, dependants or personal representatives of such persons in respect of such service.
(2) The said two articles and paragraph(1) of this article shall have effect as if service as a Judge of the Supreme Court of Judicature or as the Clerk or Deputy Clerk of the National Assembly where service in the public service.
PUBLIC SERVICE APPELLATE TRIBUNAL
215A.
(1) Parliament may, by law, provide for the establishment of a Public Service Appellate Tribunal (hereafter in this article referred to as the "Tribunal") consisting of a chairman and such number of other members, being not less than two, as may be provided by that law.
(2) The chairman of the Tribunal shall be appointed by the
President by instrument in writing and shall be a person who-
(a) holds or has held the office of a Judge of the Court Appeal; or(b) is qualified to be appointed as a Judge of the Court of Appeal and holds or has held the office of a Judge of the High Court.
(3) A person shall be disqualified for appointment as a member of the Tribunal if he is a member of the Public Service Commission, the Teaching Service Commission or the Police Service Commission or is a public officer.
(4) A person shall not, while he holds the office of a member of the Tribunal or within a period of three years commencing with the date on which he last held that office, be eligible for appointment to, or act in, any office power to make appointments to which is vested by this Constitution in -
(a) the President acting in accordance with the advice of, or after consultation with, the Public Service Commission or the Police Service Commission; or
(b) the Public Service Commission, the Teaching Service Commission or the Police Service Commission.
(5) Where a Tribunal has been established under paragraph (1), an appeal shall lie to the Tribunal, subject to such conditions (if any) as may be specified by or under the law by which it is established, in respect of any matter so specified, being a matter in respect of which the Public Service Commission, the Teaching Service Commission, the Police Service Commission or the Commissioner of Police is empowered to make a decision under any provision of this Constitution:
Provided that no appeal shall lie to the Tribunal-
(a) from any decision of the Public Service Commission or the Police Service Commission in respect of appointment to any office to which article 225 applies or in respect of any matter concerning any person holding, or acting in, any such office;
(b) from any decision of the Public Service Commission, the Teaching Service Commission or the Police Service Commission in respect of any appointment, in a case where such appointment is required by this Constitution to be made after consultation with such Commission; and(c) from any decision of the Public Service Commission in respect of any matter referred to in article 201(6) to which the Judicial Service Commission has concurred.
(6) Subject to the provisions of this Constitution, the law referred to in paragraph (1) may make, or authorise the making of, provisions with respect to all matters connected with the Tribunal.
(7) Without prejudice to the generality of the provisions of the preceding paragraph, but subject to the provisions of this article, such law may, in particular, make, or authorise the making of, provisions for all or any of the following matters-
(a) the Constitution of the Tribunal;
(b) the terms and conditions of the appointment of the members of the Tribunal and the qualifications and disqualifications for such appointment;
(c) the matters in respect of which, and the persons by whom, an appeal to the Tribunal may be brought and all other matters relating to the jurisdiction, powers and duties of the Tribunal;
(d) the manner in which and the conditions, if any, subject to which an appeal to the Tribunal may be brought, including conditions with respect to the time within which the appeal may be brought and the fee payable in respect of the appeal or any application made to the Tribunal; and
(e) the practice and procedure of the Tribunal.(8) The provisions of article 225 (which relate to removal from office) shall apply to the office of the chairman of the Tribunal, and for the purposes of paragraphs (4) and (6) of that article the prescribed authority shall be the Prime Minister.
(9) For the avoidance of doubt it is hereby declared that the prohibition in article 226(6) against enquiry in any court into the question referred to therein shall not apply to proceedings before the Tribunal.
(10) Save as otherwise provided by Parliament by law, the
Public Service Commission, the Teaching Service Commission, the Police Service Commission, the Commissioner of Police, every person to whom any power of any of the aforesaid Commissions or of the Commissioner of Police has been delegated and every public officer, whether or not he is a person to whom any such power has been delegated, and authority shall give effect as expeditiously as possible to the decision of the Tribunal on any appeal brought to it or any application made to it.
(11) In deciding any question arising in an appeal brought to the Tribunal or an application made to it, no member of the Tribunal shall be subject to the direction or control of any other person or authority.
(12) Any question whether-
(a) the Tribunal or any bench thereof has validly performed any function vested in it by or under this Constitution ;or
(b) any member of the Tribunal or any other person has validly performed any function in relation to the work of the Tribunal, shall not be enquired into in any court.
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