(The Act was adopted on September 24, 1997.)

PART I

PRELIMINARY

1. This Act may be cited as the Integrity Commission Act.

2. In this Act—

“assets” of a person means all property including any right or interest inproperty and money held by the person in Guyana or elsewhere;

“chairman” means the chairman of the Commission appointed undersection 3;

“child” in relation to a person, means the person’s child who has not attained the age of eighteen years and is not married and includes a step-child or an adopted child;

and, in respect of a man, includes a child born out of wedlock of whom the man had been adjudged the father by a court of competent jurisdiction or whom the man had acknowledged to be his own child;

“Code of Conduct” means the body of rules contained in Schedule II;

“Commission” means the Integrity Commission established by section 3;

“Form” means a form in Schedule III;

“liabilities” of a person means all the obligations of the person to pay money or to provide goods or services in Guyana or elsewhere;

“member” means a member of the Commission appointed under section 3 and includes the chairman;

“person in public life” means a person who holds any specified office and includes a person in section 42 whether or not mentioned in

Schedule I;

“specified office” means an office listed in Schedule I;

“spouse” includes reputed wife and reputed husband;

“tribunal” means any person appointed a tribunal under section 21.

PART II

INTEGRITY COMMISSION

3. (1) There is hereby established a commission to be known as the Integrity Commission which shall consist of a chairman and not less than two nor more than four other members.

(2) The Chairman shall be a person who is or who was, or who is qualified to be, appointed as, a Puisne Judge of the High Court or any other fit and proper person.

(3) The other members shall be appointed from among persons appearing to the President to be qualified as having had experience of, and shown capacity in, law, administration of justice, public administration, social service, finance or accountancy or any other discipline.

(4) The chairman and other members shall be appointed by the President after consultation with the Minority Leader.

(5) The chairman and other members may be appointed as either full time or part time.

(6) The names of the chairman and other members of the Commission as first constituted and every change in the membership thereof shall be published in the Gazette and in a daily newspaper.

(7) The Commission shall be a body corporate.

4. (1) Subject to the provisions of section 5, the chairman or any other member shall be appointed for such period, being not less than one year, as may be specified by the President when appointing him; and the emoluments and other terms and conditions of appointment of the chairman and other member shall be such as may be determined by the President after consultation with the Minority Leader.

(2) Except where the appointment of the chairman or other member is terminated under section 5(1), the chairman or other member shall be eligible for re-appointment on the expiry of his term.

5. (1) The appointment of the chairman or any other member may be terminated by the President if the chairman or any other member—

(a) is convicted for the breach of any provision of the Code of Conduct;

(b) is convicted of any other offence;

(c) is guilty of misconduct inconsistent with his membership of the commission;

(d) becomes of unsound mind or incapable of carrying out his duties;

(e) becomes bankrupt or compounds with his creditors;

(f) is absent, except on leave granted by the Commission, from all meetings of the Commission held during two consecutive months, or during any three months in any period

of twelve months;

(g) fails to carry out all or any of the duties or functions conferred or imposed on him by this Act: Provided that the appointment of the chairman or other member shall not be terminated under this subsection unless he has been given a reasonable opportunity of being heard: Provided further that where an appointment is terminated a concise report thereof shall with all convenient speed be laid before the National Assembly.

(2) The chairman or any other member may resign by letter addressed to the President.

6. The chairman or other member shall not enter upon the duties of his office unless he has taken and subscribed the oath of office set out in the Constitution before a magistrate or a justice of the peace and such oath shall be deposited by the chairman or other member with the Head of the Presidential Secretariat.

7. (1) Where the Chairman or any other member is interested in any matter before the Commission or any person who is a party to any proceedings before the Commission the Chairman or other member so interested shall disclose the nature of his interest to the Commission and shall not participate in its sittings in relation to the said matter or person.

(2) Where in the opinion of the President or of the Commission the chairman or any other member is interested in any matter before the Commission or any person who is a party to any proceedings before the Commission, the President or the Commission, as the case maybe, shall direct the chairman or other member not to participate in the sittings of the Commission in relation to the said matter or person.

(3) Where the chairman or any other member acts in contravention of this section he shall be guilty of misconduct under section 5(l)(c).

8. (1) The Commission shall perform the functions conferred on it by this Act.

(2) The Commission shall have power to do anything which in the opinion of the Commission is calculated to facilitate the proper performance of its functions or is incidental thereto.

(3) In the exercise and discharge of its functions, the Commission shall not be subject to the direction or control of any other person or authority.

9. (1) The headquarters of the Commission shall be in Georgetown, but the Commission may hold its sittings at any other place in Guyana and with the permission of the President, at any place outside Guyana.

(2) Where the chairman cannot for any reason attend any sitting of the Commission, the members present and forming a quorum may elect one of their number to act as chairman for that meeting.

(3) No sitting or decision of the Commission, or any other act or thing done in pursuance of the powers conferred on it, shall be deemed to be invalid or ineffective only on the ground that—

(a) there was a vacancy in the membership of the Commission or that any member did not participate in any particular sitting of the Commission;

(b) there was any defect in the appointment or qualification of any person purporting to be a member thereof; or

(c) there was any minor irregularity (not calculated to cause any prejudice, or injustice or hardship to any person) in the convening or conduct of any meeting thereof.

(4) Three members of the Commission shall constitute a quorum.

10. (1) Subject to the provisions of this Act and any regulations made thereunder, the Commission may regulate its own procedure and may make rules for that purpose.

(2) For the purpose of the performance of its functions under this Act, sections 10, 11, 12, 13, 14 and 17 of the Commissions of Inquiry Act shall mutatis mutandis apply to the Commission subject to the modifications that—

(a) a reference to the commissioners shall be deemed to be a reference to the Commission; and

(b) the form of summons for the attendance of witnesses or other persons or production of documents shall be in Form I.

11. The Funds of the Commission shall consist of such funds as shall be provided to the Commission by or under any appropriation law.

12. (1) The Commission may, acting within the funds and resources

available to it—

(a) employ a secretary and such other officers and employees as are required for the proper performance of the functions of the Commission;

(b) retain the services of professional persons.

(2) The remuneration and other terms and conditions of employment of the secretary and other officers and employees of the Commission employed under subsection (1) and of professional persons retained under that subsection shall be such as may be determined or varied by the Commission from time to time.

(3) For the purpose of the performance of the functions conferred on the Commission it may, with the consent of the appropriate authority, utilise the services of any public officer or other employee of Government.

(4) Section 28 of the Public Corporations Act shall mutatis mutandis apply to public officers, persons (not being public officers) holding appointments in the public service and teachers referred to therein, who are seconded, temporarily transferred or transferred to theCommission as if the Commission were a public corporation.

(5) The Commission may, with the approval of the President, make such provisions as it deems appropriate for the payment of pension, gratuity or other allowances in respect of the service of its officers and other employees on their retirement from their employment

with the Commission.

(6) In subsection (3) “appropriate authority”, in relation to any public officer or other employee of the Government, means the person or authority vested by law with power to appoint such public officer or employee of the Government to the position he held in the Government at the time when his service is sought to be utilised by the Commission.

PART III

FINANCIAL DISCLOSURE

13. (1) Every person who is a person in public life, not being a member of the Commission, shall—

(a) each year, on or before 30th June; and

(b) where such person ceases to be a person in public life, within thirty days from the date on which the person ceases to be a person in public life, file with the Commission a declaration containing the particulars referred to in subsection (4) with reference to the relevant date; and

each of the members of the Commission shall file with the President similar declarations on or before the dates on which such declarations are required by other persons in public life.

(2) Without prejudice to the provisions of subsection (1)—

(a) every person who is a person in public life on the commencement of this Act shall, within thirty days from such commencement, file with the Commission a declaration containing the particulars referred to in subsection (4) with reference to the date of such commencement;

(b) every person who becomes a person in public life after the commencement of this Act shall, within thirty days from the date on which he becomes a person in public life–

(i) if he is not a member of the Commission, file with the Commission; or

(ii) if he is a member of the Commission, file with the President, a declaration containing the particulars referred to in subsection (4) with reference to the date on which he becomes a person in public life. and any person required to file a declaration under this subsection in any

year is not required to file another declaration under subsection (1) in the same year.

(3) A declaration under subsection (1) or (2) shall give full, true and complete particulars of the assets and liabilities as on the relevant date, and the income during a period of twelve months immediately prior to the relevant date, of the person filing the declaration (whether the assets were held by that person in his own name or in the name of any other person) and of the spouse and children of such person to the extent to which such person has knowledge of the same: Provided that as regards assets referred to in paragraph 2 in Form 2 it shall be sufficient to comply with the requirements regarding the description and value thereof as stated in paragraph 2.

(4) A declaration under subsection (1) or shall, as far as possible, be in Form 2.

(5) In this section “relevant date”—

(i) for the purposes of subsection (1), means the 30th June for the purposes of subsection (1) (a) or the date on which a person ceases to be a person in public life, as the case may be;

(ii) for the purposes of subsection (2), means the date referred to in paragraph (a) or (b) thereof.

14. Where a person in public life holds any money or other property in trust for another person, not being his spouse or child or another person in public life, he shall so state in his declaration but shall not be required to disclose the terms of the trust.

15. (1) A person in public life is required to disclose in his declaration, under section 13, such details in respect of the income, assets and liabilities of himself and those of his spouse and his children, as by the exercise of reasonable care should be known to him.

(2) For the purposes of a declaration under section 13, the income, assets and liabilities of a person in public life, his spouse and his child shall include the income, assets and liabilities acquired, held or incurred by any other person as agent or on behalf of all or any of them.

(3) Any direct or indirect benefit accruing to the income or assets of a declarant or his spouse or child must be disclosed in a declaration under section 13.

16. (1) A person in public life may place his assets or part thereof in a blind trust for the purposes of this Act and file a copy of the trust deed with the Commission.

(2) Where the assets of a person in public life are placed in a blind trust, he need not in his declaration under section 13, give more particulars of those assets than the amount and description of the assets placed in that trust and the date of so doing.

(3) Notwithstanding any other law relating to the duties of trustees, a trust company, managing the assets of a person in public life by way of a blind trust, shall reply fully to any inquiries of the Commission relating to the nature and management of the assets in the blind trust.

(4) A blind trust is created when a person in public life enters into an agreement with a qualified trust company whereby—

(a) all or any part of his assets or those of his spouse or children are conveyed to the trust company for the management, administration and control thereof, in its absolute discretion without recourse or report to the person or persons beneficially entitled to those assets;

(b) income derived from the management of the assets is to be distributed, in accordance with the agreement, to him, his spouse or his children until he ceases to be a person in public life; and

(c) after he ceases to be a person in public life, proper and full accounting is to be made to him, his spouse or children as the circumstances of the management of the trust require.

(5) A trust company is a qualified trust company where—

(a) it is incorporated in Guyana and is carrying on business in Guyana;

(b) no more than five per cent of the nominal value of the issued shares in the trust company or its affiliate is held by the person in public life entering into an agreement with it, or by any other person associated with him; and

(c) the person in public life or his spouse or any of his children does not hold any directorship or office in the trust company or its affiliate.

(6) For the purposes of this section, a company is the affiliate of another company where it holds more than five per cent of the nominal value of the issued shares in that other company or where that other company holds more than five per cent of the nominal value of the issued shares in the first mentioned company.

(7) For the purposes of this section, a person is associated with another where that other person is—

(a) the spouse or child of the person; or

(b) the partner of the person in a professional, trade, or commercial undertaking; or

(c) a corporation and the first mentioned person or any person mentioned in paragraph (a) controls the corporation, its holding corporation or a corporation affiliated with either.

17. The Commission or the President, as the case maybe, shall—

(a) receive, examine and retain all declarations and documents filed with it or him under this Act; and

(b) make such enquiries as it or he considers necessary in order to verify or determine the accuracy of the financial affairs, as stated in the declarations of persons who are

required to file declarations under this Act.

18. The Commission or the President, as the case may be, may in writing request a declarant to furnish such further particulars relating to his financial affairs as may be considered necessary for the purposes of section 17 (b) and the declarant shall comply with the request within the time specified therefor by the Commission or the President, as the case

may be.

19. Where a person who is required to do so fails to file a declaration in accordance with this Act or to furnish particulars under section 18, the Commission or the President, as the case may be, shall publish the fact in the Gazette and in a daily newspaper.

20. The Commission may in writing request a declarant to furnish such further information or documents and may conduct an inquiry to verify any declaration or other statement filed with it.

21. (1) Where in the opinion of the President, further information or documents are required from a member of the Commission in respect of his declaration, the President shall, after consultation with the Minority Leader, appoint a fit and proper person as a tribunal to require the declarant to furnish such further information or documents and to conduct any inquiry, where found necessary, to verify the declaration, document or other statement filed with the tribunal.

(2) For the purpose of any inquiry under this section a tribunal may request in writing, that the declarant or any other person who the tribunal reasonably believes has knowledge of the matters to be inquired into—

(a) attend before the tribunal at such place, on such date and at such time as may be specified by the tribunal, to give it such information as it may require to satisfy itself that it is in possession of all the material facts; or

(b) furnish such information or documents as may be specified by the tribunal, within the time specified therefor by the tribunal, so as to assist it in verifying the declaration.

(3) An inquiry under this section shall not be commenced after five years from the date on which the person in respect of whose declaration the inquiry is being conducted ceased to be a person in public life.

(4) In conducting an inquiry under this section, a tribunal shall have and exercise all the powers of a commissioner appointed under the Commissions of Inquiry Act, save that the proceedings shall be held in private.

(5) Where after an inquiry under this section a tribunal finds that a declarant had in fact made full disclosure in his declaration, it shall forthwith publish a statement to that effect in the Gazette and in a daily newspaper.

(6) Where after an inquiry under this section a tribunal finds that the declaration which gave rise to the inquiry was in fact full and proper, the declarant shall be reimbursed from the Consolidated Fund for all expenses reasonably incurred by him in connection with the inquiry

within three months of the tribunal’s findings.

22. Any person who—

(a) (i)fails, without reasonable cause, to file with the Commission or the President, as the case may be, a declaration which he is required to file in accordance with the provisions of this Act; or

(ii) knowingly files with the Commission or the President a declaration that is not complete or is false in any material particular; or

(b) fails, without reasonable cause, to comply with a request made under section 18 or 21 (2) by the Commission, the President or a tribunal, within the time specified therefore by the Commission, the President or the tribunal, as the case may be, or gives incomplete or false information pursuant to the request; or

(c) fails, without reasonable cause, to attend an inquiry being conducted under section 21, pursuant to a request under section 21 (2), or to furnish any information the tribunal may request the declarant to furnish under that section or knowingly gives any false or incomplete information in such inquiry, shall be liable, on summary conviction, to a fine of twenty-five thousand dollars and to imprisonment for a term of not less than six months nor more than one year, and where the offence involves the non-disclosure, by the declarant, of property, which should have been disclosed in the declaration, the magistrate convicting the person shall order the person to make full disclosure of the property within a given time and on failure to comply with the order of the magistrate within the given time, the said offence shall be deemed to be a continuing offence and the person shall be liable to a further fine of ten thousand dollars for each day on which the offence continues.

23. No prosecution for an offence under section 22, shall be instituted—

(a) without the written consent of the Director of Public Prosecutions; or

(b) after five years from the date when the person in respect of whose declaration the alleged offence was committed, ceased to be a person in public life.

24. For the purposes of the Income Tax Act, all disbursements and expenses reasonably incurred in a year of assessment by a person in public life in connection with the preparation of a declaration required to be furnished by him under this Act shall be deemed to be incurred by him wholly and exclusively in acquiring his income for that year of assessment.

PART IV

CODE OF CONDUCT

25. The provisions of this Part shall be in addition to and not in derogation of the provisions of the Criminal Law (Offences) Act, the Summary Jurisdiction (Offences) Act or any other written law.

26. The provisions of this Part shall be without prejudice to the powers conferred upon the appropriate disciplinary authority by the Constitution.

27. (1) There is hereby established a Code of Conduct, being the body of rules contained in Schedule II, for every person in public life.

(2) Any person in public life who is in breach of any provision of the Code of Conduct shall be liable, on summary conviction, to a fine of twenty-five thousand dollars and to imprisonment for a period of not less than six months nor more than one year.

28. (1) Any person who has reasonable grounds to believe that any person in public life is guilty of breach of any provision of the Code of Conduct may make a complaint in writing to the Commission stating—

(a) the particulars of the breach;

(b) the particulars, as far as they are known, of the person against whom the complaint is made;

(c) the nature of the evidence that the complainant proposes to produce in respect of the complaint; and

(d) such other particulars as may be prescribed by regulations by the Minister.

(2) A complaint to the Commission under this section may be presented in person, or may be sent by registered post to the chairman.

(3) A person who makes a complaint which is frivolous, mischievous or spiteful shall be guilty of an offence and shall be liable on summary conviction to a fine of twenty-five thousand dollars and two months imprisonment and the nature of the complaint for which the

person is convicted shall be published in a daily newspaper at the expense of such person.

29. Where a complaint has been made to the Commission under section 28, the Commission after considering the complaint and, where found necessary, examining the complainant, may reject the complaint if the Commission is of the opinion that—

(a) the complaint is frivolous or that it does not pertain to a matter the Commission is empowered to deal with under this Act; or

(b) there has been undue delay in making the complaint after the complainant has come to know of the commission of the breach complained of: Provided that no complaint shall be rejected by the Commission without giving the person who made the complaint a reasonable

opportunity of being heard.

30. (1) Where upon examination of a complaint made under section 28, or otherwise, the Commission is of the view that an investigation is necessary to ascertain whether any person in public life is guilty of breach of any provision of the Code of Conduct, it shall inquire into the matter.

(2) The sittings of the Commission to take evidence or to hear arguments in the course of any inquiry under subsection (1) shall be held in public.

(3) The complainant and the person in public life in respect of whom any inquiry is held under this section shall be entitled to reasonable notice of the proceedings of the inquiry and to be represented in the inquiry either personally or through an attorney-at-law.

31. (1) On the conclusion of any inquiry under section 30, the Commission shall submit a report to the Director of Public Prosecutions if the Commission considers this necessary.

(2) A copy of the report referred to in subsection (1) shall be submitted to the President.

(3) Where the Director of Public Prosecutions is satisfied, on the examination of the report referred to in subsection (1) and the supporting relevant evidence, that any person in public life ought to be prosecuted for an offence under section 27 (2), he shall institute and undertake criminal proceedings against the person in public life.

(4) Where on the conclusion of an inquiry under section 30 the Commission finds it necessary to submit a report to the Director of Public Prosecutions, it may transmit where the circumstances so warrant, a report to the relevant authority charged with the exercise of disciplinary control over the person in respect of whom the complaint was made for whatever action that body may think necessary.

(5) Where the Commission has forwarded to the Director of Public Prosecutions a report under subsection (1), he shall inform the Commission and the President, in writing, the action taken by him pursuant to the report.

PART V

GIFTS

32. (1) Every person in public life who receives a gift worth more than ten thousand dollars shall make a report of that fact to the Commission stating the name and address of the donor, the description and approximate value of such gift and whether, in the opinion of the donee, the gift is a personal gift or a State gift.

(2) The Commission shall determine whether the gift is a personal gift or a State gift.

(3) The decision of the Commission made in pursuance of subsection (2) shall be final.

(4) The provisions of this section shall not apply to any personal gift received by a person in public life from a relative or friend: Provided that a person in public life who is unsure whether a gift received from a relative or friend is a State gift or a personal gift may apply to the Commission seeking its opinion as to the proper classification of the gift.

(5) A report under subsection (1) or an application under the proviso to subsection (4) shall be made to the Commission by the person in public life within thirty days of the receipt of the gift.

(6) Where the Commission finds after inquiry that the gift was given to the person in public life personally and,

(i) was trivial; or

(ii) was not trivial, but was not intended to be a motive or reward for doing or forbearing to do anything in the course of the performance of his official functions or causing any other person from doing or forbearing to do anything, the Commission shall allow the person in public life to retain the gift and in other cases shall direct the person in public life in writing to deliver the gift to the Minister assigned responsibility for finance within such period, not exceeding thirty days, as may be specified by the Commission and the person in public life shall comply with the direction within the time so specified.

(7) The person in public life shall be entitled to notice of the proceedings of any inquiry under subsection (6) and shall be entitled to be represented in the inquiry, either in person or through an attorney-atlaw.

33. Any person in public life who—

(a) makes a report to the Commission under section 32 (1) which is incomplete or false in any material particular;

(b) fails to comply with the proviso to section 32 (4); or

(c) fails to comply with a direction given by the Commission under section 32 (6), shall be liable, on summary conviction, to a fine, which shall not be less than the value of the gift involved in the commission of the offence, and to imprisonment for three months.

PART VI

MISCELLANEOUS

34. Where the Commission requests the Commissioner of Police for any assistance, in connection with the performance of its functions, either by the Commissioner of Police or by any other member of the Police Force, it shall be the duty of the Commissioner of Police to provide or to ensure the provision of such assistance to the Commission.

35. (1) Any information received by any member, or by any officer or other employee of the Commission, in the course of the performance of the functions of such person under this Act (including information contained in any document received by that person by virtue of the provisions of this Act) shall not be divulged by any such member, or by any such officer or employee, to any person, except to the extent necessary to exercise or discharge his functions as such member or officer or employee or to comply with the provision of any written law or the order of any court or for the purpose of prosecution for an offence.

(2) Any member, or any officer or other employee of the Commission who contravenes the provisions of subsection (1) shall, on summary conviction, be liable to a fine of twenty-five thousand dollars and to imprisonment for two months.

(3) Any person who receives any information or anything contained in such documents as aforesaid, knowing or having reasonable ground to believe at the time when he receives it, that it is communicated to him in contravention of this section shall, unless he proves that thecommunication to him of the information or anything contained in any document was contrary to his desire, be guilty of an offence and shall be liable on summary conviction to a fine of twenty-five thousand dollars and to imprisonment for two months.

36. The Minister may order, which shall be subject to negative resolution of the National Assembly, amend any of the Schedules.

37. (1) The Commission shall, before the expiry of three months after the expiry of each calendar year, submit to the President a report containing an account of the activities of the Commission throughout the preceding calendar year and the difficulties, if any, experienced by the Commission in the performance of its functions.

(2) The report, with any explanation in regard to any matter stated in the report, shall be laid before the National Assembly within a period of sixty days.

38. Subject to the provisions of this Act and regulations made thereunder, the Commission may make rules to regulate its procedure.

39. (1) The Minister may, after consultation with the Commission, make regulations to carry out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing, and in particular, such regulations may provide for all or any of the following matters—

(a) the procedure of the Commission;

(b) particulars that a complaint under section 28 should contain;

(c) any other matter that is required to be, or may be, prescribed by regulations under this Act.

40. For the removal of doubts it is hereby declared that this Act shall not be deemed to affect or modify in any way any privile