Regional Development Authorities Act (Cap. 28:08)

1. Short title.

2. Interpretation.

3. Establishment and incorporation of development authorities.

4. Conduct of business by an authority.

5. Functions of authorities.

6. Conferment of special powers upon an authority.

7. Constitution of Board of an authority.

8. Meetings and procedure of an authority

9. Functions of Boards of authorities.

10. Policy directions to authorities.

11. Powers of authority to make rules.

12. Employment of staff.

13. Protection of members of a Board.

14. Estimates of an authority.

15. Funds and resources of an authority

16. Borrowing and investment powers of an authority.

17. Financial year and accounts of an authority.

18. Dissolution of an authority.

19. Superannuation benefits of public officers employed with an authority.

20. Minutes receivable in evidence.

21. Limitation provisions excluded.

22. Power to make regulations. __________________________ L.R.O. 1/2012 LAWS OF GUYANA 4 Cap. 28:08 Regional Development Authorities 14 of 1977 An Act to provide for the establishment of regional development authorities. [30TH JUNE, 1977] Short title. 1. This Act may be cited as the Regional Development Authorities Act. Interpretation. 2. In this Act– [O. 80/1980] “authority” means a development authority established by an order made under section 3(1); “Board” means the board of an authority referred to in section 3(2); “Minister” means such Minister as is assigned responsibility for an authority and, in the absence of such assignment, the person assigned or charged with responsibility for regional development; “the area” means the area of Guyana in respect of which an authority has been established. Establishment 3. (1) The Minister may by order, which shall be and incorpora- subject to negative resolution of the National Assembly, tion of establish in respect of any area in Guyana a development development authorities. authority with such name as is mentioned in the order. (2) An authority shall be a body corporate with a board in which the management and control of the authority shall vest. Conduct of 4. (1) An authority shall have its principal place of business by an business at such place as is provided for by an order made authority. under section 3 and may establish branches in any place in L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 5 the area. (2) The seal of an authority shall be authenticated by the signature of the Chairman or the Deputy Chairman and the Secretary of the authority, or in such other manner as may be authorised by resolution of the authority, and every document purporting to be an instrument duly executed under the seal of an authority shall be received in evidence and deemed, without further proof, to be so executed unless the contrary is proved. (3) All documents, other than those required by law to be under seal, made by, and all decisions of, an authority may be signified under the hand of the Chairman, or Deputy Chairman, or the Secretary, of the authority. (4) On the coming into operation of an order establishing an authority the provisions of this Act shall apply to the authority so established: Provided that the Minister may by an order made under section 3— (a) modify or exclude the application of any provision of this Act in relation to an authority; (b) make special provision in relation to an authority in respect of any particular matter; (c) exclude from within the functions of an authority the functions which the Minister is satisfied shall be discharged by any other person. Functions of 5. (1) Without prejudice to section 6, an order made authorities. under section 3 shall prescribe the functions of the authority L.R.O. 1/2012 LAWS OF GUYANA 6 Cap. 28:08 Regional Development Authorities and, notwithstanding anything to the contrary in any other enactment, may, for the purpose of promoting the orderly, balanced and rapid development of the area and of progressively enhancing the economic and social welfare of the community therein, contain such other provisions as will enable the authority to carry out its functions or as appear requisite, advantageous or convenient for or in connection with the exercise of those functions and without prejudice to the generality of the foregoing, it shall be the function of an authority within the area to— (a) stimulate, facilitate and accelerate, the development of agricultural, industrial and socio-economic activities in accordance with the national socialist objectives by such means as the authority may consider requisite, advantageous, or convenient for that purpose; (b) develop and maintain infra- structural services including electricity and pure water supply and adequate educational, medical and social facilities and services; (c) encourage, organise, administer and provide the facilities for settlement of persons; (d) develop and facilitate the promotion of adequate housing and associated services; (e) secure the provision of a network of roadways in keeping with the national plan for improved regional L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 7 transportation; (f) stimulate and promote the development of co- operatives. (2) The Minister may by an order made under section 3 make provision relating to the vesting of property (including property of the State), the transfer of assets and liabilities, monetary arrangements and the preservation of rights and liabilities subsisting immediately before the coming into force of the order and where immovable property vests in an authority by virtue of that order, the order shall be treated for all purposes as if it were a transport or other document effecting the conveyance of immovable property and the Registrar of Deeds shall make such annotations on the records as may be necessary. Conferment of 6. (1) Notwithstanding any provision to the contrary special powers in any other law, the President may by order provide that the upon an authority may, in such manner as is specified in the order, authority. [O. 80/1980] exercise with respect to the area on behalf of any Minister, public officer, board or committee the functions (other than any function to make subsidiary legislation or to hear any appeal) vested by any other law in that Minister, officer, board or committee. (2) Anything done by an authority pursuant to an order made under subsection (1) shall be construed and have effect as if done by the Minister, public officer, board or committee, as the case may be. Constitution of 7. (1) The Board shall, without prejudice to subsection Board of an (2), consist of those persons as are referred to in an order authority. made under section 3(1) and from among whom there shall be appointed a Chairman and a Deputy Chairman. (2) The Secretary of the authority shall, ex officio, be L.R.O. 1/2012 LAWS OF GUYANA 8 Cap. 28:08 Regional Development Authorities a member of the Board. (3) The names of the members of the Board when appointed and any change thereof shall be published in the Gazette. Meetings and 8. (1) An authority shall meet at least once in every procedure of month and at such other times as may be necessary or an authority. expedient for the transaction of business, and such meetings shall be held at such place and time and on such days as the authority may determine. (2) In the absence of the Secretary at a meeting, the Chairman may request any other employee of an authority to perform the duties of Secretary at that meeting. (3) One-half of the members of the Board (of whom one shall be the Chairman or the Deputy Chairman) present at any meeting shall constitute a quorum for the transaction of business. (4) The Permanent Secretary of the Ministry who has been assigned responsibility to the Minister for regional development is entitled to receive notices of all meetings of the Board and to attend thereat without the right to vote and he is entitled to be furnished by the Secretary with at least one copy of the records of the proceedings at the meetings showing the matters discussed and conclusions reached by the Board. (5) The Chairman of an authority may at any time call a special meeting of the authority within seven days of a requisition for that purpose addressed to him by any three members of a Board of an authority. (6) An authority may co-opt any one or more persons to attend any particular meeting of the authority at L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 9 which it is dealing with a particular matter, for the purpose of assisting or advising the authority, but no such person shall be entitled to vote thereat. Functions of 9. (1) For the purpose of ensuring the effective Boards of carrying out of the functions of the authority and the authorities. expeditious attainment of the objectives thereof the Board of an authority shall— (a) exercise general supervision and control over all the operations of the authority and accordingly be responsible for the efficiency thereof; (b) ensure that the authority carry out all activities which appear requisite, advantageous or convenient for the discharge and exercise of the specific functions of the authority; (c) ensure that the authority, in discharging the functions imposed upon it by this Act, does so within the policies and objectives of the Government; (d) advise the Minister generally on any matter pertaining to regional development and specifically on any matter referred to the authority by him. (2) Without prejudice to the generality of subsection (1), a Board may seek the assistance and advice of any organisation or institution for the purpose of securing the attainment of the objectives of the authority. L.R.O. 1/2012 LAWS OF GUYANA 10 Cap. 28:08 Regional Development Authorities Policy 10. (1) The Minister may give an authority directions directions to of a general or of a special character as to the policy to be authorities. followed by the authority in the exercise and performance of its functions and the authority shall give effect to the directions. (2) An authority shall afford to the Minister facilities for obtaining information with respect to the business of the authority and shall furnish him and the Ministry with such returns or statements and other information in such manner and at such times as the Minister may require. (3) An authority shall provide such facilities to the Minister as will enable verification of the information furnished in pursuance of this section. Powers of 11. (1) An authority with the approval of the Minister authority to may make rules— make rules. (a) governing the proceedings of the Board and the manner and transaction of its business; (b) prescribing the circumstances in which members of the Board may receive travelling and subsistence allowances and fixing the rates of such allowances; (c) imposing fees, rent or other charges in such cases as may be determined by the Board in respect of services rendered by, or the use of property of, the authority; (d) generally for the exercise of its powers L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 11 and functions. c. 2:01 (2) Notwithstanding anything contained in section 21 of the Interpretation and General Clauses Act, it shall not be necessary for any such rules to be published in the Gazette. Employment 12.(1) An authority shall appoint and employ at such of staff. remuneration and on such terms and conditions (including the payment of pensions, gratuities or other like benefits by reference to the service of its officers and employees) as it thinks fit, a secretary and such other officers and servants as it deems necessary for the purpose of the carrying out of the functions of the authority: Provided that— (a) no salary in excess of such amount as may be specified in directions issued by the Minister shall be assigned to any post without the prior approval of the Minister; (b) no appointment shall be made to any post to which a salary, in excess of such amount as may be specified in such directions, is assigned without the prior approval of the Minister; and (c) no provision shall be made for the payment of any pensions, gratuities or other like benefits to any secretary, officers, or employees or to others by reference to their service without the prior approval of the Minister. (2) Subject to subsection (1) the Secretary shall be L.R.O. 1/2012 LAWS OF GUYANA 12 Cap. 28:08 Regional Development Authorities the chief executive officer of the authority and subject to any general or special directions of the Board shall be responsible for the administration of the business of the authority, including the recruitment, appointment and suspension of the staff in accordance with the general terms and conditions of service established by the Board and in respect thereof the Secretary shall be answerable to the Board. (3) Subject to subsections (1) and (2), a Board may delegate to any of the officers of the authority any of its powers in respect of the appointment of the staff of the authority. (4) It shall be deemed a term of every contract of service entered into between an authority and a person employed by it that such person is liable to be seconded or transferred by the authority to service in any department, agency or institution of the State or to any body corporate in which the controlling interest is vested in the State. Protection of 13.(1) Subject to subsection (2) no action, suit, members of a prosecution or other proceedings shall be brought or Board. instituted personally against a member of a Board in respect of any act done bona fide in pursuance or execution or intended execution of his duties. (2) Where a member of a Board is exempt from liability by reason only of subsection (1), the authority is liable to the extent that they would be if the member was a servant or agent of the authority so, however, that if in any case an authority is not liable for any of the above- mentioned acts, then subsection (1) does not operate to exempt such member as therein stated. Estimates of an 14. An authority shall, on or before the 31st March in authority. each year commencing with the year next following that in which it was established, submit to the Minister in L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 13 respect of the ensuing financial year draft estimates of revenue and expenditure and of net deficiency or surplus of the authority on the current account and also the estimates of capital account for the ensuing year. Funds and 15.(1) The funds and resources of an authority consist resources of of— an authority. (a) such sums as may be provided by or under an appropriation law; (b) such sums as may be allocated from time to time to the authority from loan funds; (c) all sums from time to time received by or falling due to the authority in respect of the repayment of any loan made by the authority and the interest payable in respect of any such loan; (d) moneys earned or arising from any property, investments, mortgages and debentures acquired by or vested in the authority; (e) any property, mortgages, debentures, or investments acquired by or vested in the authority; (f) sums borrowed by the authority for the purpose of meeting any of its obligations or discharging any of its functions; (g) all other sums or property which L.R.O. 1/2012 LAWS OF GUYANA 14 Cap. 28:08 Regional Development Authorities may in any manner become payable to or vested in the authority in respect of any matter incidental to its powers and duties. (2) The charges on any amount which may be allocated to an authority from loan funds shall be met by the authority except that all or any part of such charges may be met out of moneys provided by Parliament. (3) For the purposes of this section, the expression “loan funds” means such sums as may be made available from time to time to the Government by way of loan. (4) Where there is a net deficiency in the funds of the authority such deficiency shall be met out of moneys provided by Parliament. Borrowing and 16.(1) For the purpose of meeting current investment requirements, an authority is authorised to borrow in whole powers of an or in part, by means of advances from a Bank not exceeding authority. such sum as the Minister in consultation with the Minister responsible for finance, may authorise. (2) The Minister responsible for finance, after consultation with the Minister, may in writing in the name of the Government guarantee on such conditions as he may think fit, the payment of the principal and of interest on any authorised borrowings of an authority. (3) The aggregate amount of the liability of the Government in respect of guarantees given under subsection (2) shall not at any time exceed the sum of twenty-five million dollars or such greater sum as may from time to time be specified by resolution of the National Assembly. (4) The reference in subsection (3) to the liability of L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 15 the Government in respect of a guarantee shall be construed exclusively of any liability in respect of interest on any principal moneys the payment of which is the subject of the guarantee. (5) So long as any guarantee or other undertaking given in exercise of the powers conferred by subsection (2) is in force in respect of any borrowing by an authority, the authority shall not, without the consent of the Minister, exercise any other power to borrow possessed by it except any power to borrow by way of overdraft or otherwise in the ordinary course of business for a period not exceeding twelve months. (6) Where the Minister responsible for finance is satisfied that there has been default in the repayment of any principal monies or interest guaranteed under the provisions of this section, the amount shall be charged on the Consolidated Fund and he shall direct the repayment out of the Consolidated Fund of the amount in respect of which there has been such default. (7) An authority shall make to the Accountant- General, at such times and in such manner as the Minister may, after consultation with the Minister responsible for finance, direct, payments of such amounts as may be so directed in or towards repayment of any sum issued in fulfilment of any guarantee given under this section, and payments of interest on what is outstanding for the time being in respect of any sums so issued at such rate as the Minister may direct, and different rates of interest may be directed as respects different sums and as respects interest for different periods. (8) The power to give guarantees conferred by subsection (2) is in addition to any like power conferred by any other law. L.R.O. 1/2012 LAWS OF GUYANA 16 Cap. 28:08 Regional Development Authorities (9) Monies standing to the credit of an authority may, from time to time, be invested in securities approved either generally or specifically by the Minister, after consultation with the Minister responsible for finance, and the authority may, from time to time, with like approval, sell all or any of such securities. Financial 17.(1) The financial year of an authority shall close year and at 31st December or such other date as the Minister may accounts of direct. an authority. [18 of 1977] (2) An authority shall keep accounts of its transactions on an accrual basis and in the manner as may be prescribed by the Minister and to his satisfaction and such accounts shall be examined by the Auditor-General and annual financial statements in a form approved by the Minister shall be presented to the Auditor-General for audit within four months after the close of each financial year. (3) The members, officers and employees of an authority shall grant at all reasonable times to the Auditor-General or his duly authorised representatives access to all books, records, vouchers, documents, returns, cash, securities, stores and other property of the authority and shall give to him on request all such information as may be within their knowledge in relation to the operation of the authority. (4) The Auditor-General shall have power to summon and examine all persons whom he shall think fit to examine for the purpose of obtaining information in connection with the examination and audit of the accounts of an authority and respecting all other matters and things whatever necessary for the due performance of the functions vested in him and if any person summoned as aforesaid is not a public officer or an officer or other employee of an authority or of any public corporation or other body corporate in which the controlling interests vests in the State he is entitled to L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 17 payment for his attendance as if he were a witness attending a legal proceeding in obedience to a summons issued at the instance of the State. (5) Any person summoned under subsection (4) who without reasonable excuse makes default in obeying the summons is liable on summary conviction to a fine of one thousand dollars or, in default of payment, to imprisonment for six months. (6) The Auditor-General in the exercise of his duties under this section shall if he thinks fit, and with the approval of the Minister, authorise any person publicly carrying on the profession of accountant to inspect, examine or audit the books and accounts of the authority and such person shall report thereon to the Auditor-General in such manner as the Auditor-General may direct and the Auditor- General shall transmit the report promptly to the Minister with such comments as he may consider necessary. (7) The authority may write off bad debts with the approval of the Minister. Dissolution of 18.(1) The Minister may, by order which shall be an authority. subject to affirmative resolution of the National Assembly, dissolve an authority. (2) An order dissolving an authority may, notwithstanding any enactment (including any subsidiary legislation made thereunder) or any rule of law, include any provisions relating to the vesting of property, the transfer of assets and liabilities, monetary arrangements, the preservation of rights and liabilities existing immediately prior to the dissolution as well as such other provisions as the Minister considers necessary or expedient to give full effect to the dissolution. L.R.O. 1/2012 LAWS OF GUYANA 18 Cap. 28:08 Regional Development Authorities Superannua- 19.(1) Where, with the approval of the appropriate tion benefits of authority, an officer— public officers employed with an authority. (a) is seconded or temporarily transferred from a pensionable office within the meaning of the Pensions c. 27:02 Act to an office with an authority, section 5 of that Act shall apply to him as if his service in the office with an authority, as the case may be, were service in a public office; (b) is transferred from a pensionable office within the meaning of the Pensions Act to a substantive appointment in an office with an authority, his service with an authority, as the case may be, shall be other public service within the meaning of, and for the purposes of, such provisions in relation thereto as are contained in the Pensions Act. (2) In this section, “appropriate authority” means the person or authority vested by law with power to appoint the officer to the pensionable office held by him (and to which c..27:07 the Pensions Act applies). (3) Where an employee of an authority is seconded or transferred from service in an office in respect of which a pension is payable to service in a like office of another authority, in computing the period of pensionable service in the last mentioned office there shall be reckoned the period of service in that office from which the employee was seconded or transferred. L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authorities Cap. 28:08 19 (4) The pension payable in respect of the aggregated service mentioned in subsection (3) shall be discharged by each authority in such an amount as shall bear the same proportion to the amount of pension for which the employee would have been eligible had his service been wholly with the authority as the aggregate amounts of his pensionable emoluments during his service with that authority shall bear to the total amount made up of such aggregate amount together with the aggregate amount of his pensionable emoluments from any other authority. Minutes 20. Any minutes made of meetings of an authority receivable in shall if duly signed by the Chairman or the Deputy Chairman evidence. or other member elected to preside at a meeting of an authority, without further proof of any other matter or thing, be receivable in all legal proceedings as prima facie evidence of the proceedings of an authority of which minutes have been made and that every meeting of an authority in respect of the proceeding of which minutes have been so made to have been duly convened and held. Limitation 21. No written law prescribing a period of limitation provisions within which a sum of money may be recovered or within excluded. which title or possession to land may be established shall apply to a claim by an authority for a sum of money or to title or possession of land, as the case may be. Power to make 22. Subject to this Act, the Minister may make regulations. regulations for carrying into effect the purposes of this Act, and in particular, but without prejudice to the generality of the foregoing, regulations may be made in relation to the regulation and management of the affairs of an authority. ___________________ L.R.O. 1/2012 LAWS OF GUYANA 20 Cap. 28:08 Regional Development Authorities SUBSIDIARY LEGISLATION _________________ O. 71/1977 REGIONAL DEVELOPMENT (MATTHEWS RIDGE/ARAKAKA/KAITUMA) AUTHORITY ORDER made under section 3

1. This Order may be cited as the Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order.

2. In this Order – “appointed day” means the date of the coming into operation of this order; “undertaking” means the undertaking known as the Matthews Ridge/ Arakaka/Kaituma Complex carried on by the State in the area immediately before the appointed day; “the Minister of State” means the Minister of State, Regional, for the North West Ministerial Region; “the area” means the area of Guyana known as the Matthews Ridge/ Arakaka/Kaituma area and described in the Schedule.

3. (1) There is hereby established for the area an authority to be known as the Matarkai Development Authority (hereinafter referred to as the “the Authority”). L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authority Cap. 28:08 21 [Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order (2) The Authority shall have its principal place of business at Matthews Ridge or at such place in the area as the Authority may determine, notice whereof shall be published in the Gazette.

4. The Board of the Authority shall, in addition to the Secretary of the Authority, consist of – (a) the Minister of State, who shall be the Chairman; (b) the Regional Development Officer for the North West Ministerial Region, who shall be the Deputy Chairman; (c) two persons elected by the employees of the Authority (other than those who hold executive status) from among themselves in such manner as may be determined by the Minister assigned responsibility for labour; (d) two persons, other than employees of the Authority, appointed by the Minister from among persons resident in the area after consultations with such residents; (e) not more than three other persons appointed by the Minister from among persons appearing to him to be qualified as having had experience of and show capacity in such matters which he considers will be beneficial to the functioning of the Authority and, without prejudice to the L.R.O. 1/2012 LAWS OF GUYANA 22 Cap. 28:08 Regional Development Authorities [Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order generality of the foregoing, in particular, in matters relating to administration, agriculture, co- operativism, industry, trade or industrial relations.

5. (1) The State Lands in the area and the assets of the undertaking (including rights and interests) together with any monies appropriated for the Matarkai Development Authority by the National Assembly in the Estimates for the year 1977 are hereby transferred to and shall, without further assurance, vest in the Authority. (2) Nothing in paragraph (1) shall be deemed to confer upon the Authority any title (including any rights of management or control, other than those as may be hereinafter conferred by this Order to – (i) rivers and all lands sixty-six feet landwards from the mean-low water mark; (ii) minerals or mining rights in or over any land; and (iii) land, buildings and facilities which are in use immediately prior to the coming into operation of this Order for the landing or take off of aircraft and such land which may hereafter be duly designated by the competent authority as land for the purpose. (3) Liabilities incurred by the Government exclusively for the purposes of the undertaking, or incurred L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authority Cap. 28:08 23 [Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order therefor under agreements duly contracted in the course of the undertaking, prior to the appointed day, shall in so far as may be discharged or be enforceable, be discharged by and be enforceable against, the Authority as if the liabilities had been incurred by it. (4) Nothing in paragraphs (1) and (3) applies to rights and liabilities under any contract of service. (5) All deeds, bonds, instruments or other documents which were subsisting immediately before the appointed day and affected the undertaking shall, in so far as they relate to the undertaking, be of force and affect against or in favour of the Authority and be enforceable as fully and effectually as if, instead of the undertaking, the Authority had been named therein or had been a party thereto. (6) All proceedings commenced prior to the appointed day £or the enforcement of any rights or liabilities which are transferred or' attached to the Authority by virtue of this Order may be continued by or against it, and any such proceedings may be amended accordingly.

6. (1) The Authority may as from the appointed day continue to employ any persons exclusively employed with the undertaking, immediately before the appointed day, on such terms and conditions, as may be agreed on between the Authority and that person. Provided that nothing in the foregoing provisions of this clause shall be construed as prohibiting' the Authority from deploying or transferring any such person to function in any post or capacity in the Authority other than that in which he functioned immediately prior to the appointed day in the undertaking should the Authority consider such deployment or transfer is necessary for the efficient discharge of its L.R.O. 1/2012 LAWS OF GUYANA 24 Cap. 28:08 Regional Development Authorities [Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order functions. (2) The Authority shall be the successor of the employer as last mentioned of any person whose service is continued under subsection (1) in the matter of his leave or superannuation rights or benefits (whether earned, accrued, inchoate or contingent).

7. The functions of the Authority shall not be deemed to have conferred upon the Authority responsibility; for the control and management of any enterprise or the carrying out of the functions of anybody corporate, institution or organisation as provided for by any other law and, without prejudice to the generality of the foregoing, in particular with respect to – (a) livestock farms managed by the Guyana Livestock Development Company Limited; (b) agricultural projects which are the responsibility of the Guyana Agricultural Products Corporation; (c) that organisation established, maintained and known as the Guyana National Service. SCHEDULE BOUNDARIES OF MATARKAI AREA The tract, commences at Port Kaituma situate on the right L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authority Cap. 28:08 25 [Subsidiary] Regional Development (Matthews Ridge/Arakaka/Kaituma) Authority Order. bank of the Kaituma River, left bank Barima River in the North West District of Guyana and its boundaries extend down the Kaituma River, to the mouth of the Anabisi River, thence along the left bank of the Anabisi River to the mouth of White Creek, thence along the left bank of White Creek to its source, thence to the source of the Anabisi River (Tributary of the Barima River) thence to the source of the Kwiaribaru Creek, thence along the Kwiaribaru Creek to the Barima River, thence along the Barima River, to the Tenapu Creek thence along the Tenapu Creek to its source thence along the Barima — Barima watershed to the source of the Haiari Creek thence along the Haiari Creek to the Barama River thence along the Barama River to the mouth of Massowah Creek to its junction with the Guyana-Venezuela border, thence along the Guyana-Venezuela border to the source of the Kaliaku Creek thence in a north-easterly direction to the source of the Whana River thence along the Whana River to its mouth on the right bank of the Barima River, thence down the Barima River to the mouth of Waiamaka Creek along the Waiamaka Creek to its source thence across Barima — Kaituma Watershed to the 1st Falls on the Kaituma River, thence along the Kaituma River back to Port Kaituma, the point of commencement. __________________ O. 40/1995 MATARKAI DEVELOPMENT AUTHORITY (DISSOLUTION AND TRANSFER OF ASSETS AND LIABILITIES) ORDER made under section 18 Citation. 1. This Order may be cited as the Matarkai Development Authority (Dissolution and Transfer of Assets L.R.O. 1/2012 LAWS OF GUYANA 26 Cap. 28:08 Regional Development Authorities [Subsidiary] Matarkai Development Authority (Dissolution and Transfer of Assets and Liabilities) Order and Liabilities) Order. Interpretation. 2. In this Order – “appointed day” means the day on which this Order comes into operation. “area” means that area of Guyana known as the Matthews Ridge/Arakaka/Kaituma area described in the Schedule. “Authority” means the Matarkai Development Authority established by clause 3 of the Regional Development O. 89/1977 (Matthews Ridge /Arakaka /Kaiutma) Authority Order. Dissolution of 3. The Authority is hereby dissolved. Authority. Transfer of 4. (1) The State Lands in the area and the assets of the assets and Authority (including rights and interests) are hereby liabilities of the transferred to and shall, without further assurance, vest in Authority. the State. (2) Liabilities incurred by the Authority prior to the appointed day, shall in so far as they may be discharged or be enforceable, be discharged by and be enforceable against the State as if the liabilities had been incurred by the State. (3) Nothing in paragraphs (1) and (2) applies to rights and liabilities under any contacts of service. (4) All deeds, bonds, instruments or other documents which were subsisting immediately before the appointed day and effected the Authority shall, in so far as L.R.O. 1/2012 LAWS OF GUYANA Regional Development Authority Cap. 28:08 27 [Subsidiary] Matarkai Development Authority (Dissolution and Transfer of Assets and Liabilities) Order they related to the Authority, be of full force and effect against or in favour of the State and be enforceable as fully and effectually as if, instead of the Authority, the State has been named therein or had been a party thereto. (5) All proceedings commenced prior to the appointed day for the enforcement of any rights or liabilities which are transferred or attached to the State by virtue of this Order may be continued by or against the State, and any such proceedings may be amended accordingly. Employment of 5. (1) The State may from the appointed day persons continue to employ any person exclusively employed with employed with the Authority. the Authority, immediately before the appointed day, on such terms and conditions as may be agreed on between the State and that person: Provided that nothing in the foregoing shall be construed as prohibiting the State from deploying or transferring any such person to function in any post or capacity in the State other than that in which he functioned immediately prior to the appointed day in the Authority should the State consider such deployment or transfer is necessary for the efficient discharge of its function. (2) The State shall be the successor of the employer as last mentioned of any person whose service is continued under paragraph (1) in the matter of his leave or superannuation rights or benefits (whether earned, accured, inchoate or contingent). SCHEDULE BOUNDARIES OF MATARKAI AREA The tract, commences at Port Kaituma situate on the right bank of the Kaituma River, left bank Barima River in the L.R.O. 1/2012 LAWS OF GUYANA 28 Cap. 28:08 Regional Development Authority [Subsidiary] Matarkai Development Authority (Dissolution and Transfer of Assets and Liabilities) Order North West District of Guyana and its boundaries extend down the Kaituma River, to the mouth of the Anabisi River, thence along the left bank of the Anabisi River to the mouth of White Creek, thence along the left bank of White Creek to its source, thence to the source of the Anabisi River (Tributary of the Barima River) thence to the source of the Kwiaribaru Creek, thence along the Kwiaribaru Creek to the Barima River, thence along the Barima River, to the Tenapu Creek thence along the Tenapu Creek to its source thence along the Barima — Barima watershed to the source of the Haiari Creek thence along the Haiari Creek to the Barama River thence along the Barama River to the mouth of Massowah Creek to its junction with the Guyana-Venezuela border, thence along the Guyana-Venezuela border to the source of the Kaliaku Creek thence in a north-easterly direction to the source of the Whana River thence along the Whana River to its mouth on the right bank of the Barima River, thence down the Barima River to the mouth of Waiamaka Creek along the Waiamaka Creek to its source thence across Barima — Kaituma Watershed to the 1st Falls on the Kaituma River, thence along the Kaituma River back to Port Kaituma, the point of commencement. ________________ L.R.O. 1/2012