Local Government (Amendment) Act (No. 5 of 2015)

Section 2 1. Immediately after the definition of “by-laws” insert the following definition - “Commission” means the Local Government Commission established under section 3 of the Local_Government No. 18 0f2013 Commission Act 2013;’ 2. In the definition of “district”, insert immediately before the word “village” the words “neighbourhood (constituted by the Local No. 47 of 1990 Democratic Organs (Areas) Order 1990),”. 3. Delete the definition of “district commissioner”. 4. Substitute the following for the definition of local authority - “local authority” means a municipal council, a neighbourhood democratic council, a village council, a community council, and any other similar organ;

Section 2A Insert immediately after section 2 the following as section 2A — nesctence to 2A. Unless the context otherwise requires, in addition village, etc, includes neighbourhood. to the other amendments to this Act by the insertion of the words “neighbourhood” and “neighbourhood <!-- page 4 --> 56 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 democratic council” in certain relevant provisions of the Act— (a) every reference to a village or country district shall include a neighbourhood; (b) every reference to a village council or country authority shall include a neighbourhood democratic council; (c) every reference to a village council in Part III shall include a neighbourhood democratic council.” .

Section 6 1. For the word “it” substitute the words “the Minister”. 2. For the word “their” substitute the word “the” and insert immediately after the word “approval” the words “of the Minister”.

Section 13 Delete.

Section 14 Delete.

Section 15 Insert immediately before the word “villages” the words subsection (1)(a) “neighbourhoods,”and before the word “village” the words “neighbourhood,”. <!-- page 5 --> THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 37 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5 subsection (1)(b) Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood democratic councils,”. subsection (1)(c) Insert immediately before the word “villages”, the words “neighbourhoods,”. subsection (1)(d) Insert immediately before the word “village” the words “neighbourhood,”. subsection (2) Substitute the following — “The Minister may, for any purpose for which a local authority is authorized to make by-laws, cause those by-laws to have effect in any neighbourhood, village or country district, and those by-laws shall have effect in every neighbourhood, village or country district or in any neighbourhood, village or country district, specified in the by-laws.”. Part II Heading Insert immediately before the word “VILLAGE” the words “NEIGHBOURHOOD,”.

Section 20 subsection (1) 1. Insert immediately before the word “Village” the words “Neighbourhoods,”. 2. For the word “Village” substitute the word “village”. subsection (2) 1. Insert immediately before the words “a village district” the words “a neighbourhood,”. 1. Insert immediately before the words “a village council” the words “a neighbourhood democratic council,”. <!-- page 6 --> 58 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015

Section 22(5) 1. For the words “one hundred dollars” substitute the words “twenty-five thousand dollars”. 2. For the words “five hundred dollars” substitute the words “five million dollars”.

Section 29(6), Delete the words “through the commissioner” wherever the words (7)(b) and (8) appear.

Section 35 Insert immediately before the word “village” the words “neighbourhood,”.

Section 36 Insert immediately before the word “village” the words including the “neighbourhood democratic council,”. marginal note

Section 37(1) 1. Insert immediately before the word “village”, where the word appears for the first time, the words “neighbourhood,”. 2. Insert immediately before the word “village”, where the word appears for the second time, the words “neighbourhood democratic council or a”.

Section 38 subsection (1) Insert immediately before the word “village” the words “neighbourhood,”. subsection (3) In the opening part, insert immediately before the word “village” the words “neighbourhood democratic council or”. <!-- page 7 --> THE OFFICIAL GAZETTE [LEGAL SuppLEMENT] — A 5™ AUGUST, 2015 59 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5 subsection (3)(b) Insert immediately before the word “village” the words “neighbourhood or”.

Section 39 Delete.

Section 40(1) Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood democratic council or”.

Section 41 subsection (1) subsection (2) Insert immediately before the word “village” the words “neighbourhood democratic council or”. Insert immediately before the word “village” the words “neighbourhood democratic council,”. PART IV Heading Insert immediately before the word “VILLAGE” the words “NEIGHBOURHOOD DEMOCRATIC COUNCILS,”.

Section 42 subsection (1) subsection (2) subsections (5), (7) and (8) 1. Insert immediately before the word “village” the words “neighbourhood,”. 2. Delete the words “, subject to the approval of the Minister,”. Delete the words “with the sanction of the Minister”. Insert immediately before the word “village” the words “neighbourhood,”. <!-- page 8 --> 60 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 marginal note Insert immediately before the word “village” the words “neighbourhood democratic councils,”.

Section 43 subsection (1) subsection (3) Insert immediately before the word “village” the words “neighbourhood,”. Delete PART V Heading Insert immediately before the word “VILLAGE” the words “NEIGHBOURHOOD DEMOCRATIC COUNCILS,”. Sections 44, 45, 46 and 47 Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”.

Section 48 subsections (1) and (3) subsection (3) Insert immediately before the word “village” the words “neighbourhood,”. Delete the words “with the approval of the Minister’.

Section 49(1) 1. Insert immediately before the word ‘“‘village” the words “neighbourhood,”. 2. Insert immediately before the words “Village Council” the words “Neighbourhood Democratic Council or the”.

Section 50 subsections (1) and (4) including the marginal note subsection (1) Insert immediately before the word “‘village” the words “neighbourhood,”. Delete the words “‘, with the approval of the Minister,”. <!-- page 9 --> THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 61 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5

Section 51(1) and (2) Insert immediately before the word “village”, wherever the word including the appears, the words “neighbourhood,”. marginal note Sections 52 1. Insert immediately before the word “village”, where the word appears for the first time, the words “neighbourhood,”. 2. Insert immediately before the word “village” where the word appears for the second time, the words “‘neighbourhood or”.

Section 53 Insert immediately before the word “village” the words “neighbourhood,”.

Section 54 subsection (1) subsection (2) subsection (4) subsection (6) Insert immediately before the word “village” the words “neighbourhood,”. For the words “approval,” substitute the word “notification” and delete the words “and the Minister may approve of them either in their entirety or subject to such changes as he may think fit”. For the word “its” substitute the word “his”. Delete the words “, determined in such manner as may be approved by the Minister”.

Section 55 the opening part, paragraphs (e), (f) Insert immediately before the word “village” the words “neighbourhood,”. <!-- page 10 --> 62 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 and (g) paragraph (c) Delete the words “or to the body known as the Guyana Village Chairman’s Conference”. paragraph (g) For the colon at the end of paragraph (g), substitute a full stop. proviso Delete. Sections 56, 57(1), Insert immediately before the word “village” the words 58(1) and 59 “neighbourhood,”.

Section 64 Delete the words “, without naming him”.

Section 66 subsection (1)(a) For the word “Minister” substitute the word “Council”. subsection (2) Insert immediately before the word “village” the words “neighbourhood,”.

Section 67 subsections (1) Insert immediately before the word “village” the words and (2) “neighbourhood,”. subsection (4)(b) For the words “five per cent per annum shall thereupon become due and payable” substitute the words “not more than one per cent above the lending rate at a commercial bank where the Council would have borrowed the said sum payable”.

Section 68 10 <!-- page 11 --> THE OFFICIAL GAZETTE [LEGAL SuppLEMENT] — A 5™ AUGUST, 2015 63 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5 subsection (1)(b) Delete. subsection (2) Insert immediately before the word “village” the words “neighbourhood,”.

Section 69 Substitute the following section for section 69 - “Power to 69. The local authority of a neighbourhood, village or exempt property from payment of country district may, with the approval of the Minister, rates on the ground of exempt, on the ground of the poverty of the proprietor poverty of proprietor. any lot or building from the payment of any rates under this Act.” Sections 70, 71(1), (2), (3) and (5), Insert immediately before the word “village” the words 72(1) and (2), 73, “neighbourhood,”. 74, 75(1) and (3)

Section 79 Substitute the following section for section 79 — nivel on 79. (1) The Minister of Legal Affairs shall, by Order prescribe the fees payable for any process of distress issued under this Act. (2) Fees shall be paid at the first instance by the party applying for process. (3) Costs shall be awarded in the matter of the distress.” Sections 80 and 81 Insert immediately before the word “village” the words “neighbourhood,”. Sections 82 and 83 Delete the words “or the district commissioner” wherever they appear. 11 <!-- page 12 --> 64 THE OFFICIAL GAZETTE [L&GAL SuppLEMENT] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015

Section 84(1) and (2) Substitute the following section for section 84 — “Feeson 84° (1) The Minister of Legal Affairs shall, by Order, parate or summary prescribe the fees for the process of parate or execution. : summary execution. (2) No charge shall be made for traveling expenses, distance money, conditions of sale, copies of documents, printing, or any other matter not prescribed.” - Section 86(1) and (2) Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”.

Section 87 Delete subsection (2) and renumber subsection (1) as section 87.

Section 88(1) Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”.

Section 99 Insert immediately before the word “village” the words “neighbourhood,”.

Section 100 Delete the words “with the prior approval of the Minister’.

Section 109 including the For the words “five hundred dollars” substitute the words “twenty marginal note thousand dollars”. PART VIII Insert immediately before the word “VILLAGE” the words Heading “NEIGHBOURHOOD,”. 12 <!-- page 13 --> THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 65 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5

Section 114 Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”.

Section 115(1) 1. Insert immediately before the word “village”, where the word appears for the ffirst and third time, the words “neighbourhood,”. 3. Insert immediately before the word “village” where the word appears for the second time, the words “neighbourhood democratic council,”.

Section 120 For the words “shall be liable to a fine of six thousand five hundred dollars” substitute the words “commits an offence and shall be liable to a fine of one hundred thousand dollars and to a further fine of ten thousand dollars for each day the offence continues”.

Section 121 Insert immediately before the word “village” the words “neighbourhood,”. PART IX Heading Insert immediately before the word “VILLAGE” the words “NEIGHBOURHOOD,”. Sections 122 and 125 Insert immediately before the word “village” the words “neighbourhood,”

Section 126A Insert immediately after section 126 the following as section 126A together with the marginal note “Local Authority to respond to emergency or disaster. 13 <!-- page 14 --> 66 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 126A. (1) Each local authority shall respond to emergencies or disasters in a manner as determined by the local authority whether it is a national or local emergency or disaster within their Neighbourhood Democratic Council or in another Neighbourhood Democratic Council. (2) Each local authority may prescribe general procedures for the handling of emergencies or disasters including the deployment of personnel and equipment necessary.”. : Section 128 including the Insert immediately before the word “village” the words marginal note “neighbourhood,”.

Section 129 Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”.

Section 130(2) Insert immediately before the word “village” the words “neighbourhood democratic council,”. Part XI Heading Insert immediately before the word “VILLAGE” the words “NEIGHBOURHOOD,”.

Section 131 1. Insert immediately before the word “village”, where the word appears for the first time, the words “neighbourhood,”. 2. Insert immediately before the word “village”, where the word appears for the second time, the words “neighbourhood democratic council,”. marginal note Insert immediately before the word “village” the words 14 <!-- page 15 --> THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 67 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5 “neighbourhood,”.

Section 132 Insert immediately before the word “village”, the words subsection (1) “neighbourhood,”.

Section 133 . Insert immediately before the word “village”, the words “neighbourhood,”. . In the opening part substitute for the colon a full stop. 3. Delete the proviso.

Section 134 For the words “The Audit-General or district commissioner or any person authorised in writing by either of them,” substitute the words “The Auditor General”. . Insert immediately before the word “village” the words “neighbourhood,”.

Section 135 Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”.

Section 136(1) 1. Insert immediately before the word “village”, wherever the word appears, the words “neighbourhood,”. 2. For the words “district commissioner” wherever they appear, substitute the word “council”. 3. Delete the words “or in the post office savings bank”.

Section 137 For the words “to a public officer designated by the Minister or the district commissioner’, substitute the words “as revenue to the 15 <!-- page 16 --> 68 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 local authority”.

Section 138 1. Insert immediately before the word “village”, the words “neighbourhood,”. 2. Delete the words “the district commissioner or”

Section 139 (1), 1. Insert immediately before the word “village”, wherever the word 2 and (3) appears, the words “neighbourhood,”. 2. For the words “district commissioner” wherever they appear substitute the word “council”. subsection 3 3. In subsection (3) for the words “he may” substitute the words “the council may”.

Section 140(1) 1. Insert immediately before the word “village” the words “neighbourhood,”. 2. For the words “one hundred thousand dollars”, substitute the words “one million dollars”.

Section 146A Insert immediately after section 146 the following as section 146A together with the marginal note “Blockage of drainage or irrigation canal. 146A. (1) Notwithstanding anything in this Act, any proprietor or occupier or anyone acting on behalf of a proprietor or occupier who fills in or interrupts the free flow of water in a waterway meant to provide drainage or irrigation in any local authority district, commits an offence and is liable on summary conviction to 16 <!-- page 17 --> THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 69 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO 5 a fine of not less than three hundred thousand dollars nor more than five hundred thousand dollars; and to a further fine of ten thousand dollars for each day that the offence continues after conviction. (2) | The Minister or the local authority, acting on the written instructions of the Minister, shall without delay remove the blockage in the waterway referred to in subsection (1) and add any expenditure incurred in the removal of the blockage to the rates payable by the proprietor of the property.”.

Section 147 paragraph (b) paragraphs (c), (e), (f) and (g) paragraph (k) paragraph (1) . Delete the words “any district commissioner,”. Insert immediately before the word “village”, where the word appears for the first time, the words “neighbourhood democratic councillor,”. . Insert immediately before the word “village”, where the word appears for the second time, the words “neighbourhood democratic council,”. Insert immediately before the word “village” the words “neighbourhood,”. For the comma at the end of paragraph (k) substitute a semi-colon. Immediately after paragraph (k) insert the following paragraph as paragraph (1)- “(1) litters any public street or public road or parapet in a local authority or dumps any domestic or commercial or 17 <!-- page 18 --> 70 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 industrial or hazardous garbage in an area of a local authority not designated as a place for the dumping of garbage,”. closing lines to Delete the closing lines and substitute the following — section 147 “shall be liable to a fine of twenty thousand dollars and to a further fine of five thousand dollars for each day that the offence continues after due and proper notice was given.”.

Section 150 For the words “five hundred dollars” substitute the words “fifty thousand dollars”. Sections 151, - Insert immediately before the word “village”, wherever the word 152 and 156 appears, the words “neighbourhood,”.

Section 169 Delete the words “, not exceeding sixty-five dollars for each copy,”.

Section 170A Insert immediately after section 170 the following as section 170A together with the marginal note “Subsidiary legislation. 170A. Notwithstanding anything in this Act, the Minister may make subsidiary legislation for giving effect to this Act and anything which is to be prescribed in pursuance of this Act.”.

Section 170B Insert immediately after section 170A the following as section 170B together with the marginal note “Establishment of a constabulary. 170B. (1) The Minister may by regulations provide for the establishment and maintenance of a constabulary for each 18 <!-- page 19 --> THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 71 A.D. 2015] LOCAL GOVERNMENT (AMENDMENT) [NO.5 Neighbourhood Democratic Council (hereinafter referred to as N.D.C.) and the regulations may include provisions that — (2) Every member of a constabulary has in relation to — (a) the N.D.C. shall maintain the constabulary out of its own resources, (b) members and ranks of each N.D.C. shall be as determined by the resolution of each N.D.C.; (c) a constabulary established under this section shall not be dissolved or disbanded without prior approval of the Minister; (d) each constabulary regardless of the number of its members and ranks, shall be headed by a Chief Constable who shall be a member of the constabulary and who shall be under the command of the overseer of the N.D.C.; (e) members of each constabulary shall be governed by rules prescribed by the Minister; (f) members of a constabulary shall make themselves available, and submit themselves whenever required by the N.D.C., for training in their duties by the Guyana Police Force; (g) members of each constabulary may bear arms in accordance with regulations made by the Minister. 19 <!-- page 20 --> 72 THE OFFICIAL GAZETTE [Lecat Supplement] — A 5™ AUGUST, 2015 NO. 5] LAWS OF GUYANA [A.D. 2015 (a) any offence committed against this Act; (b) any offence committed in any place vested in, or under the control of, the N.D.C. or in any public place in the council area, all the powers and is entitled to all the privileges and immunities conferred on a police constable by any law for the time being in force. (3) Where a constable lays an information or makes a complaint against any person in respect of any offence against this Act, any member of a constabulary not below the rank of corporal and serving in the same constabulary as the aforesaid constable may appear before the magistrate exercising jurisdiction in the matter and has the same powers and privileges as to addressing the magistrate and examining the witnesses as the constable who laid the information or made the complaint would have had.”.

First Schedule Forms 1, 2,3 and 4 Insert immediately above the word “village”, wherever the word appears, the word “neighbourhood”. Second and Third Schedules Repeal. Passed by the National Assembly on the 30" July, 2015 S. E. Isaacs, Clerk of the National Assembly. (Bill No. 5/2015) 20