Guyana Forestry Commission Act 2007

GUYANA FORESTRY COMMISSION ACT 2007 ACT No. 20 of 2007 ARRANGEMENT OF SECTIONS SECTION PART] PRI~LIMINARY 1. Sh0l1 title and commencement, 2. Interpretation . , : .' ·A.D. 2007] 3 GUYANA FORESTRY COMMISSION , [Na.20 AN ACT 10 repeal and replace the Guyana Fores try Com mission Ac t 1979, re-establish the Guyana Forestry Co unui sslon , and provide for ioc ide utal mauc rs. A.!!.:.1!!!!1 1~l\adc d by the Pm-liamcnt of Guyuuar PART I j' RELI MINARY Snor t tn tc and I. T his A ct may be cited as the Guyana Fores try Comm ission Act 2007 commencement . I IItcrpretu uc n. NlI. 6 uf2006 Co nstiuuio u and shrill come into opera tion on u dale appoin ted by order of the Minis ter. 2. In this Act "Amerindian" has the meaning glvcn to it by sec tion 2 of the Amerindian Act 200 6 . "A uditor G CIlCW]" means -the Auditor Gene ral app ointed under. th e: Constitu tion; "C0Il1111 is~ i oll '~ means the Guyana Forestry Commission established by sccuon 3; . , " Com iilis.sioner" means the Commissioner or Forests app ointed under (his Act; r No. 20 ] 4 LA WS OF GUYANA [A .D. 2007 1'\0. (If 200 7 No. n r2007 No .2 of 1979 No. 2 or J 979 Estnu llsbmen t of C um misstou. ' "Financial year" means (.1) the calendar ye ar; or (b) where the Commission' s accounts a rc k cp t : by re fe rence to ,"a Iin aucial yea r d ifferent from the calendar year, that financial year; "forest" has the meaning give-n to it by section 2 of the Fo rests A~1 2007~ "fo rest produce" has the meaning given to it bysection 2 O(tllC Fore sts Act 2007; "former Act".means the Guy ana Fores try Commission Act 1979: "funnel' Commiss ion" menus the Guyana Forestry Comlllissio~ established-by section 3 of'the former Act; " member" means a member of the Commission. PART2 GUYANA FORESTRY COMMISSION 3, <I) There is hereby established a body corporate called the Guyana Forest ry Co mmission. o (2) Subjee~lhis A<h~he Commission is.Ihe some boJjyciorporatL- - - - as the former Commission. O hje ct otCcnunlss icu. 4. The object of the Commission isto e ncourage the development' and g rowth of fores try in Guyana on ~ sustainable basis . FUllt'tio lls of 5. The functions of the Commission arc Com uusslcn. <a) 10 develop, advise the Miuister on, and 'carry out A.D. 2007] 5 GUYANA FORESTR Y COMMISSION [No. 20 No . 01'"2007 (b) (e) (d) (e) (I) (g ) (h) ti) (j) forestry policy; ;~) prepare p lans, codes or pract ice , an d guidcli llcs for the conservatio n and munngemcot of fo rests; to resea rch . col la te, analyse , prepare, and d isseminate da ta. s ta tist ics. and other inform ation about fores ts and a ll aspects o f forestry, including forest ecology and the usc or fores t produce: to make fores t inventories; to provide or Iacit iuuc education and traini ng 111 forestry and forest ry-re la ted jobs; to p ro vide fo res try exte ns ion services a nd give advice to persons and co m m uni ties interes ted or involved ill forest ry; to provide an ins pect ion. certification. uud uccrcdi ta tiou service lor q ual ity co ntro l 0 1" forest produce; to represen t the Uovcrmncnt 11\ regional and hucrna iio nnl forest ry mcetings nnd uegoriariuns. ami in relati on ttl Guyana's inte rnat iona l obligation s concern in g r~)rC sl r)" : to admini ster the l-orcs ts Act 2007 , includi ng > (i) carrying nul the Com mission 's functions under tnut Act: and ( i i) col lect ing end rec o ve ring nll [l:L:S, chargL:s. levies. prem iums, lines. penalt ies. costs. expenses, and other mon ies payable LI nder that Ad; Lind to ca rry out an y Iuuctiun given to it by o r under lilly other wrill L'1l hr....v. No. 20] 6 u. WS OF GU YANA [A.D. 2007 A.l Rcsrrtc tlc ns (J 6. (I) The Commission shall not enter into commercial opcrat iuns or com uu-rcl a l o therwi se charge for its goods or services except > opcrn tiuus. (a) (b) as aut horised or required by any other Act; or in accordance with subsect ion (2) or (3) , (2) The Com mission may (a) provide goods and services that are- con sis tent w jlh its functions ; and (b) with the ap proval or the '!\'l inister. charge u ra te publi shed in the Gazette lor any goods or se r vices provided . (3) Th e Commiss ion may. wi th the consen t of the Minister, ente r into commercial oper ations wi th respect to (a) any intellect ual properly developed 111 con nection with or resulting from the exercise or any of irs functions; or (h) any land or building orthe Commission, . C nnstt tut iou of Co mm ission . 7. 0 ) The Comm ission comprise s the foll owing me mbers ~ (a) not Jess than nine and nor more than thl riccn me mbers. includi ng a chairman. ap pointed in writin g. by the Minister: <Inti (b) the Commiss ioner as an ex (~tficio member o l th e Comm ission . Cap. 2 :0 I (2) No twithstanding section 29(3 ) of the Interpretation and Genera I Clauses Act (a) 110 vice-chairman shall be appointed to the Com mis sion; and (b) no secretary sh all be appoin ted to the C0Jl1l\1 i 55 ion, except in accorda nce with sec tion 11. (3) .No person mill' be appointed a member unlessqualified by 1'"<1 SO l , of relevant k.nO\~ledge and experience in forest management, forest indust r it's . I f' . " ., 'I ' A.D. 2007] 7 GUYANA FORESTRY COMMISSION [No. 20 Schedule Cc m m tssiou r cspcnsib te t (l Mi ni s te r. ,., D eteg uu uu lJy C o nu u tssiou. manufacturing, marketing, business management, finance. economics, cnviroumentul manuge ment, Amerindian affairs, law, land use planning, education and lX-aining, human resources development, information systems, or research and development. (4) The provisions or the Schedu le apply to the Commission and its members. H. . (1) The Commission is responsible to the Minister for the discharge or its functions. (2) The Commission shall provide the Minister with any information the Minister requests about the discha~'ge ofits functions. (3) . The Minister may by notice published in the Gazelle give to the .Commiss ion dire ctions of a gene ral character as to the pol icy to be followed by the Com mission in the discharge of its funct ions . (4) The Commission shall give effect to those directio ns subject to nuy written law. 9. The Commission may by instrument in writing delegate the exercise of any ofits functions Linder this Act (0 Schedule (u) (b) any committee appointed under JJaragnqlh 4 of'the Schcd ule; or any person. C u m ml ssicuer qf It o rc s ts. 10. . ur The Commi ssion shall from time to time appoint a person as Commissioner of Forests and employ that person on terms Hod conditions set by the Commission. (2) The Comm issioner rs the chief executive officer of the Co mm iss io n and is responsible to the Comm ission Ior -. (a) executing the policy of the Commission; No. 20) 8 LAWS OF GUYANA [A.D. 2007 . (b) directing the day-to-d ay business of the Con un issior.; ilnd the Co mm ission tlie exercise of illl )' of the Commissioner's functions under this Act, except a function delegated 10 the Commissionerundersection 9. (4) No person may be appoi nted Commiss ioner of Fores ts wit ho ut the approva l of the Minis ter. ,," '. I " ."' . . " (J) (c) directing {heother empl oye es and the coucultuuts and advisers of the Commission. The Commissioner may delegate 10 allY officer or employee or . '; : , ..~ .. ( I) Starr and consultan ts. 11. The Commission may (n) employ any person as an offi cer or employee or the Commission; and (b) engage the services of any person as a co nsu ltan t 01' adviser. (2) The Commisslou shall appoint a person as its secret ary, (3) ·AIl officers (other UUU1 the Commiss ioner), other cr...iplovees, consultants, and advisers shall be employed or engaged Oil tern \~; and conditions set' by the Commiss ion on the advice of the Commissioner. Human resources 12. The Commission shall establish and carry out a human res ou rce policy. po licy containing provisions genera lly" accepted as necessary for the fair nni proper treatment of employee, in all aspectsof their employment, inc luding ., . provisions req uiring (a) safe and hea lthy working conditions that conform t< the requ irements o f the. Occupational Safety: ·· and Health Act 199 '1 ) No. 32 or 1997 (b) . (e) t l ~e impartial 'selection of suitably ·quahuq.l ]~(SQ~s '. ' for appo intment; opportunities for *0 enhancement of the abilitTe;. ~i ind ividual .employeesj.and . ~. . A.D . 2007) 9 GUYANA FORESTRY COMMISSION [No. 20 obtained in forrua tion in his capa city us u mem ber , employee, cOIl:,u I II.Ul(, or udv lscr o f the Com m ission shall directly or indirectly (a ) make a record of that in lorrnati on; (b) d isclose that information 10 any pe rson; or (c) make use or OJ' ac t on that infonuat ion. (2 ) A person ma)' make a record of, disclose: make lise uf, or net on intormutiou 1.h-; L1 ill ~ \'i lll " ; J ' ...,. " . - ' ~ : pdyi lc~l'd inf\ ll"lnal iOll. \ 3 . ( l) (J) recognition of the special employment requirements ofAmerimlians, women, and people with disabil ities. (a) for the purposes of the Co nunissiou : (b) w he re req uired by Jaw; o r (c) where authorised by the Commission III circumstances where the rec o rd, disclosure, lise, o r act in qu estion IS not likely to prejudice the Comm ission. (3) As soon as practicable al ter aut hori sin g n record, discl osure. USt: , (I f ac t und er subsect iun (2)(c) . the Com mission shall cuter its particulars in the Commiss ion ~s registe r or interes ts , PART 3 FINANCIAL PIWVlSlONS AND ACCO UNT A BI LIT Y (a) I"u{\cb undlunu r lrn rut's. ( I ) The funds or tileCo mmission comprise money appropriated by Pnrliamcut und paid til tilL' Co m miss ion for the purposes or tile Co rumlssion : (b ) oth er m Ollcy or properly tuwfu ilv rece ived by the Commission for the purposes of the Commission; and (c) inco me derived from an y mon ey or other prop~r1y 0 1 thL Co mm ission. No. 20] , 10 LAWS OF GUYANA [A.D . 20 07 A.D. (2) ' the Commission sha!l meet any charges (fo r cxruuplc. interest) rela ling 10 :111)' amount ollocatcd 10 the Commission lrom money lent to Ihe GO \'l:n.H!".l :':~l t except where those charges U I'L~ met by money appropriated hy Purii a l l l·~ l l l · rO J' tlKII purp ose. t3) 1'11t: Comm ission shall keep proper records orthe gene ra l fund mainta ined under se ct ion 15, the rese rve fund maiu tuiucd under serf io n 16. and the specia l lunds maintained unde r xcctlnn 17. C cn eru! fun d. 15 . (I ) The Commission shall maintain 1:I general fund and pay into il all money paid 10 the Commission for the Commission's purpnses a nd ..Ill inco me except money kep i in the reser ve fund main tained under s t'C.l io ll Iri or in a special fund maintained under sccriou 17. (2) All expenses incurred by the Commiss ion ill carryin[.!, out i l ~ functions and discharging all liabilities properly incurred by li lt Cumm issiur sha ll be paid uut nf the genera l fund . 10. ( I ) The Commission shall maintain a reserve lund and transfe r iUlt, it from the net surplus for each year all amount not less than the amoun t li x l'~ hy the M inister and notified to the Commiss ion . (2 ) If the reserve fund is insufficient to cover any net loss or the Commission recorded in its profit and loss account Cor <I II)' financial ye ar. lhr amount of the deficiency shall he charged Oil the Consol ida ted Fund (3) If in any succeeding financial year a net surplus accrues III lil, Commission, the Commission shall pay into the Consolidated Fund an .u uo uu agreed with the Minister responsible Cor fi nance until the nmounr chnrgt'd Ot the Consolidated Fund. together wilh interest on that amount ns dctcnni ned lIt the Minister. is tull y rcpuid. (4) For the purposes or this section. net surplus is dctcrruined l-~ ded t~ Cl i ng Irom gross income all expenses Iogcther with allmv,lI11:cS In depreciation or assets, ccntrilunions to 51:·11T helleIiI funds, pruvision Ior h, ~ and doubtful debts. and other contingencies ~ H1d uccouming provisions as a~ It " I r, A.D. 2007] 11GUYANA FORESTRY COMMISSION ; usually made by comparable institutions. [No. 20 S pl'chll Iuuds . 17. (I) T he Commissio n may create and maintain special funds 10 carry :" .. .. ,, " . . . . . ' . , t . , No, I of 1995 out its functions. (2) Without limiting the generality of su bsec tion (I), ~U1y money granted 10 the Commission by foreign slates, internat ional organisations. mult ilateral fll ml ing agencies, fo undations, co rporations, other en tities, OJ individuals may be earmarked lor payment into a special lund. and the money shall nor be used for lUIY purpose other than that lor which it was gra nted. (3) With the approval of the Minister, the Commission may engage any Iinancial institution (as defi ned by the Flnuncial lnstitutions Act 1995; ttl (a ) ad m inis ter and keep proper records or .any spec ial 1\1lId; (b) act as the agenl o r the Conun ission in making a gr;;lnl or a loa n; (c ) recover any interest <h ie to IhL: Commisxiun under ;lllY loan. H u ll'S fill" Ilu auc iut As soon as prac ticable a fter the commenceme nt or lids Art. the [u] (b) ,: ., r I i I i up vru tluus. Com miss ion shallmukc rules lor its linancial operat ions. including rules 011 the manne r in which and the employees bv whoru paymcm s nrc In he app roved: the bank into wh ich Illll11 CYS uf the Comm issio n arc to he JlaiL! and till; dcxigu .u iun or ;:iny account wi th that bank; (c) the a mo unt to he ret a ined by account ing offi cers ttl meet pe tty d isburs em ents ami immedi a te P'l)'Ill \.'!HS ami the maximum a mount that ma y be so disb ursed fe r anyone paymen t; (d) the method 10 be adopted in making· payments 0\11 or the fun ds ofthe Commission : and No. 20J , 12 LAWSOF GUYANA (A.D. 2007 tel the proper keeping •ind control o f" the fun ds or the C OI1\Ill iS ~ ion. (2 ) (3l shal l comply No rule Illil )' he mudc exc ep t with the Mini s ter'« approv' l!. F"cry employee, consultant. ,UlUadvi ser or the C() m l ~l i $si nn. . . .". with the rules.•1IId the Couunissiou 111<1 )' app ly di sciplinarv an ti o ther sanctions as it thin ks lit aga inst ClII )' employee. co nsulta nt, or adviser who breaches a ru le . (; U:l rll ll l l' c or lnnn s. I ~ . The Conuuisxiou shall he regarded <15 a Corporation tor the purposes of" COlI' 77:11 1 the Gu arantee or Loans Wubli c Comormicns and Companies) Act. (al Lim its IlII borrnwing Il" wc rs.. IllH'slllI cu l uf fuu ds. 2101. 21. The Comm ission shall not borro w any mo uey> exce pt for the purp ose or meeti ng. all obi i gal i l)f, or carry ing out its (unctions; l hl exceeding ail )' limit or hlwl"llwin g It X('J by t h c Ministe r responsible tor lin;l1H:l ' and uot ific d !cJ I ! H;' Co nuuission : (u) by way o f an nvcrdru f or unse cured 10iU1. c :\ (.'l,' l li tor a period ofless than I yenr: (h) n il the securi ty ()r its ass ets, ex cept with ti ll.: nppnv- nl of the Minister responsible I'DI' fiunncc. Except with the,approvnl l)[' the Minister, the Commission sl ra ll Ilu {a) inves t any money ill any securities : or (b) sell or otherwise dispose of UIlY of its securit ies. POIn T III m a k e J!,n lll l ~ 22. ( I ) Th e Commission sh nllnn t run kc allYgraHl -or tonn c xccpr alltl lo ans. tal for the purpose of carrying out a Iunc tic)1\ (If :1 ic Commission: tb) Irom 1Il0ll CY drawn out of il special fund ll l i.li n la :\• ....: d under section 17; and n, A.D, 2007] 13 GUYANA FORESTRY COMMISSION , [No, 20 Exc1lI1l1 Inns rHllIl' tuxes a m l duf iea. ACCIJUlIlS ann audits . (c) 0 11 term s and conditions it co ns iders appropriate. (:n In making a loan, the Commission shal! charge interest at the ra te it cons ide rs app ropri a te in the particular case. ',', 23:·u"":'''' '. ',,,T hiJ Mi nis ter responsib le for finan ce m ay by imler subj ect. Iu affimuuivc resolution ortile National Assembly exem pt tile Couuuissinn from liability for any lax, duty, rate, levy 01' other charge payable under any written law. 24 . (1) The Comm ission shall keep accounts o fits transactions to the satisfaction or the Minis ter and the Auditor General shall audit these accounts an nuall y. (2) The Co mmi ssio n may at any time ap poin t an independent auditor to e xamine and report on its accounts . (3 ) The Commissio ner and each em ployee o f the Commission shall Oil request gi ve the auditor (a) full access to all hoo ks. docu men ts . cash, and securit ies of the Co mmiss ion: aud (b) an y information within his or her knowledge relating to the operations or the Commission. (4) The auditor may summon and examine [Illy fJerSl~n to obtain information for the audit. (5] Any person summoned under subsection (4), other than ,,, public officer or an employee of the Commission, is entitled 10payment by Lhe Co mmiss ion for attendance on the audito r as if the person were a witness atten ding a legal proceed ing in obedience to a subpoena issued by the l Iigh C ourt. (6) No person summoned under subsection (4) shall fail or refuse to co mply w ith the summons wi thout reasonable excuse. (7) In subs ections (3), (4), and (5), "auditor" means No. 20] , 14 LAWS OF GUYANA (a) ' the Audi tor General ; or (hl ' un auditor a ppointed under subsection (1) . [AD, 2oo? '/ '" • i I tt epu r-ts. 25 . (I) No later than six mon ths a fter the end of each financ ial year, the: Co mmission shnll submit to the Minister a reportcoruaining . (;I) an account of its activities during the financial ye a r in (he deta il directed by the Minister ; and (b) a statement of the Commission's accounts aud ited under section 24(1). (2) The Mini ster sha ll as soon as practicable, and in a ny e vent no Inter than eight months after the end of the financial year. cause to be 11Iid before the National Ass embly the report re ferred 10 in subseclim (1) . tog ether with a copy of the auditor's report on the Corumissions uceo unts follo wing the audi t unde r sectio n 24(1). PAin 4 MISCELLANEOUS Stutus of minu tes uf 26. ( I) The secretary of the Commission shall keep in a rninuu book mectlugs, proper minutes of the proceed ings of each meet ing ofthc Commissio n . (2) The Chairperson or o ther person presiding at the rneetin; s hall certify and sign those minutes at the next meeting or as soon as praoc.able afte rwards. (3) In the absence of proof to the contrary , (a) a meeting shall be deemed to be duly c o rsemed where there is a quorum; (b) all members or the Commission unending a me-ling shall l;e deemed to be duly qualified to act ; a nd (c) minutes of any meeting that appear to be d u lY Or( i tied and signed shall be regarded as sufficient c v idecc of the matters stated in them. ,r•...,. ! . 15 GUYANA FORESTRY COMMISSION . [No, 20 '~ , 1 " : . m~and peualtles. . EXclus ion o f Limitation Act. C a p. 7:02 P r-otection of m embers. 27. (1) Every person co mm its an offence who co ntravenes or Hli ls 10 com ply with -« (a) section 13(1) or pnrngrapb 6(1) (1/' (.1) of the Schedule; (b) section 24(6). (2) ' Every person w ho 'commits an offence aga inst paragraph (0) of . subs ection (I) is liable on co nvictio n to 0 tine of $1,00 0,000 and . imprisonment fora term of 1year. . (3) Every person who co mmits an o ffence aga inst puragruph (b) of su bsection (I) is liab le on convic tion to a tine of $500,000 and imprisonment fora term of six months. (4) ' Notwithstan ding subsections (2) and (3), where a person convicted o f an offence referred to in subsection (2) or (3) is a body corporate, that person is liable to ten times the fine specified for the offence in subsection (2) , or, as the case may be, subsection (3 ). (5) A prosecution for an o ffence against this section may be brought either summari ly or by indictment, at the elect ion of the person bringing the prosecution. 28 ' The Limitation Ac t docs nor ap ply to all)' proceed ings Instituted by the Commission to.recover any money due and payable under this Act or any o the r written law; or (b) to cla im ail)' prope rty. 29. ( I ) No member shal l be liab le lo r an y act do lie or omitted to be done by the Commission in the course o f carrying out its functions, excep t .where the me mber has ac ted ill bad fait h . r No . 20] 16 LAWS OF GUYANA [A.D. 2007 ". .All p n ll' ld ur con sen t of Mt ntstc rs . (2) Where a member is ex empt from liabil ity by reason only or subsection (J), the Commission is liable to the e xten t that it wo uld be if that member were an employeeor agent of the Commission. 3D, Any approva l or consent given under this Act by the Minister or by the Mi nister respo nsible for fin:mc~ n~t;>, h~ rgivc'l'gelJ{~;-ally in respect of.Hclass or desc ription of matters or l;U::;CS, or specifically III respect of a particolar mattct or case. Rcgulattons. 31. l1H~ Minister mny make reg ulations , subject to negative re solotion of the National Assem bly, providing for any matter necessary for &i ving full effect to the provisions of this Act and lor the due adminisunuonif it. . HCIJCOlls. Nu. :2 of 1979 32. The funner Act ix repented. Trunaltiunnl JJ. ( I) O n the co mmencement orth is Act. p rovistous rcJat i n~ to members of Ccnuuission. (a) the pe rson hold ing uPPO i IHJ1l ~ll t it s chairm m 1) ( the fonuer Commission immedia tel y h ll ire l b t" commenceme nt of this Act is deemed to II ave hccn appointed chai rman of the Commission UJ.fh~r scctinn 7( 1)(0) ; (b) every person holding uppoiuuucnt liS u men bel' ofth e former Comm iss ion (other than the C hil ill11i.lll ) immediately before the CO I1HnCll~C l11l..:' l l( o[ t his l\ cl i" deemed to have been appoinll.:u u tl lC ll.) !,,;J (I ( :h,; Commission under scctiun 7( (){al: (c) the person holding ap pointment as Com~i - sioucr 0 1 Forests imm edia tely befo re the c onuuac.emcm 01 this A c t is deemed to have be en appointed Commiss ione r unde r secrio n I ll. ~: .) . A.D. 2007] 1/ GUYANA FORESTRY COMMISSION [No. 20 , , (2) A deemed appo intment under this section expires 011 the earlier of (a) (b) the day on whic h the appoi ntment would have expired had this Ac t not been passed: or the day six mo nths after- ·this Act comes into ; . . ope ration. t, No. 20) 18 LA WS OF GUYANA , SCHEDULE CONSTITUTION OF rnu COM MISSION ','.;, . . •\ 'c(.'/ ian 1(-1) [A.D. 2007 Cll:Lc lli ll~ of upputut rneu ts. Duru ticu or uffin:. 1. 2. years. As soo n as practicable. the Commission shall publi sh in the (/(/zetft' (aJ the unruc orevery me mbe r or the Conunissiou on the commencem ent o r this Act; and (b) every change in membership of the Commission. ( 1) This p ;lr;, gral~11 applies to nil members excep: the Cummissionc . (2) Fach member sbu!l he appoin ted Ior a tenu lio l exceeding tlu-:t.: (3 1 Th~ Minister may <I t a ll)' lime. hy givi ng written no tice tc a ·l1lem ber. and utt er ' IlHm:.1i llg tile member ruuuru l j ustice. revo ke the npp oinuner l of the member lor incom petence. ilisahilily. ban krup tcy, neglec t or du ty. >1' misconduct, proven Ln the satisfaction oflhe Minister. (-l.l ,\ member may III [lily lime resign by giving the Minister a s igl:r:d lll\lice·o( rt:s ignatil)ll. (.5.l :\ member is eligible for rcuppuluuncn t. ,., . (I) Subject 10 slIl!lJaI';igral'hs (2) am i (3), the Co mmiss ion 51.1 I mCCI as oflcu us it considers necessary l~r its purposes. (2) Once every year the Commission shall holt! ;,j special bu.s i n:i ~.-; meeting al whicl: the Commissioner shall present to the Commission .. (a ) the statement of acc ouru s aud ited under ~l: l:l iull 24 0 and (b) an account or" lhe Commission' s activities I I I r, c prcccd iugfinuncial yea r. (3) T he chai rma n may at any time summo n a spccial mccun g, f A.D. 2007] 19 GUYANA FORESTRY COMMISSlON [No. 20 Cunuu it t l.:CS. Assent t tl rc snl u ticu wl rhuut meeting. the Commission. (4 ) Five mem bers lIWk.L' lip a quo ru m for I r,- lllS tlClil\ l~ hus incss at :111)' meeting ofthe Comm iss ion. (5) Where a decision o r the Conuu lssi on is taken by \'(\ \c (a) the decisio n shull be made in uccorclancc with tin: voles orthe majority of the members presen t uud vot ing; and (b) the chairperson or other member presiding shall have a casting as well as an origina l vo le. (6) The Co mmissio ner may partic ipate in m~cl i llgs bul shall no t vole on a ny deci sion of the Commission. 4. (I ) The Commission may ut any lime appoint n committee to exam ine and report 10 it 0 11 any matt er connected with any luuctio n (II' the COI1U11lssion. (2 ) A committee shall co nsist of" al least (\VO members or the Commiss ion toge ther \..... ith tiny o ther person whose ussisumcc or advice tile. Comm ission desires. (3) Where non-members are appo inted 10 a comm ittee. tIll:' Commission shall pay 10 each of them, ill respect of their memhership 01' llle corumiuec, such rcmunerution and allowances as the Minister may dctcnuiuc. 5. A resolution is u valid resolution or the Commissiuu even i f il meeting or the Comm issio n is not convened, if (a) a l least 10 days' lor any other peri od prescribed by regulations) wri tten not ice or the P L"OPOSI.~ <1 rcsohuion was given to all members: (b) the resulutiun is signed 0 1' assent~d It) by k lk.r, telegram. telex, Iacsimilc. or electronic uur il transmission by :l majority or members who an:..' enti tled to VOle ; and (c), where any member ha s asse nte d by te leg ram, tclc x . No. 20) 20 LAWS OF GUYANA facs imile . or electronic mail transmisxion. thur member 's asscn: is subsequently uuthcnu catcd hy hi~ o r he r signature. Dhdl.l::mn' lIf int eres t. 6 . l J) Any member whose interest is likely to be a/reeled (directly or indirec tly) by a dec ision of the Comm ission on any mutter shall disclose [0 [he Commission the nature or the interestas soon as the relevant facts have come 10 his or her knowledge. (2 ) T he secretary o r the Commission sha ll record all)' disc losure und er 'subparagraph (i) in the minutes o f the Co mm iss ion. (3) The member making the disclos ure shall not be present duri ng and shall not take part in any deliberation or decision or the Commission un the matter. (.4) Fo r the pu rposes of this section, the interests of a paren t, spouse, ch ild, or any other member of the fam ily, o r a member is deemed 10 be the interests ofthat mem ber. Rcm uuc ratiun ;ll l L! nltowu uccs. 7. The Commission shall pay 10 't he Chairperson and every other niembcr appointed to the Commission such remuneration and allowances lIS t i l e Minister play determine. in res pec t o r lilt' office held. The seal may be aulhenticaled (a) by the signatures or the Chairperson and the xccrctury: (b) by the signatures uf the Commissiuucr and the secretary : or in allY other manner authorised by [he 1'11111llli ssilH l document purporting to be a ll IIlSl ll llllC!l[ dulv (e ) Every(4) 8. (1) The Commission shall have n common :-;0.:;,11 Hlld ll1:1y a! ;111)' lime' alter or change HUH seal. 0) T he sccrerary of lIK' Commission sha ll keep that seal In h is PI" lier custody. (J) COI1 I III ixxinn . A.D. 2007) 21 GU YANA FO RESTRY COMMISSION [No. 20 authenticated under the seal of the Commission shall be regarded as so uuthen tic.ucd in the a bse nce orproofto the contrary. Passed by the National Assembly on 26th July, 2007. tlliJ~ ~:::~ Clerk of the National Assembly. (BILL No. 20/2007). ,- - - - - - - - - - - - \ L GUYANA ACT No. 20 nf 20()7 GUYANA FORESTRY COMMISSION ACT 2007 ARRANGEMENT OF SECTIONS SECTION PART] PRELIMINARY 1. Sh011 titl e- and comm encement. 2. Interpretation. 1-" No. 20] 2 LA WS OF GUYANA PART 2 GUYANA FORESTRY COMMISSION [A.D. 2007 3. Establishment of Commission . 4. Object of Commission. 5 . Functions of Commission. 6. Restrictions on co~er~lal operations. 7. Constitution of Commis\lqn'. ; . 8. Commission resp onsible to l'i1"ini~er. ! ., 9 . Delegation by Corrunission. .. "'C" ; "" . -, lD. Commissioner of Forests. - "::" 1:0.<::"r. I I. Staff and con sul tants. , ':- ./ . 12. Hun-ian resources policy . 13. Dealing with privileged information . PART 3 FINANCIAL PROVISIONS AND ACCOUNTABILITY 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. F unds and loan charges. G enera l fun d. Res erve fund . Special fund s. Rule s for financial operations . Guarantee of loans. Limi ts on bon-owing powers. Investment of funds . Power to make grants and loans. Ex emptions from taxes and duties. Accounts and aud its. Reports. PART 4 MIS CELLANEOUS 26. Status of minutes of meetings. 27. Offences and penalties. 28. Exclusion of Limitation Act. 29 . Protection of members. 30 . Appro val or cons ent of Ministers. 31. Regulations . 32 . Repeals . 33 . Tr ansi tional provisions relating to members of Commission. SCHEDULE Constitution of the Commission