| 155. |
(1) |
No
person shall be qualified for election as a member of the
National Assembly who – |
Disqualifications
for elections as members. |
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(a) |
is,
by virtue of his own act, under any acknowledgment of allegiance,
obedience or adherence to a foreign power or state; |
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(b) |
is
a person certified to be insane or otherwise adjudged to be
of unsound mind under any law in force in Guyana; |
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(c) |
is
under sentence of death imposed on him by a court, or is serving
a sentence of imprisonment (by whatever name called) exceeding
six months imposed on him by a court or substituted by competent
authority for some other sentence imposed on him by a court,
or is under such a sentence of imprisonment the execution
of which has been suspended; or |
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|
Amended
by Act No. 17 of 1984 by insertion in paragraph (d) of the
words "the Public Service Appellate Tribunal": |
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(d) |
holds
or is acting in the office of any Judge of the Supreme Court
of Judicature, a member of the Public Service Appellate Tribunal,
the Elections Commission, the Judicial Service Commission,
the Public Service Commission, the Teaching Service Commission
or the Police Service Commission, the Director of Public Prosecutions,
the Ombudsman or the Auditor General. |
17 of 1984. |
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(2) |
No
person shall be qualified to be nominated for election as
a member of the National Assembly under the provisions of
paragraph (3) or (4) of article 60
if at the date of his nomination for such election he is a
member of the Assembly under the provisions of article 60(2)
or article 160(2). |
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(3) |
No
person shall be qualified to be nominated for election as
a member of the National Assembly under the provisions of
article 60(2)
or article 160(2) if at the date of his nomination for such
election he is a member of the Assembly under the provisions
of paragraph (3) or (4) or article 60. |
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(4) |
No
person shall be qualified to be nominated for election as
a member of the National Assembly under the provisions of
article 60(4)
if at the date of his nomination for such election he is a
member of the Assembly under the provisions of article 60(3). |
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(5) |
No
person shall be qualified to be nominated for election as
a member of the National Assembly under the provisions of
article 60(3)
if at the date of his nomination for such election he is a
member of the Assembly under the provisions of article 60(4). |
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(6) |
Without
prejudice to the provisions of paragraphs (1), (2), (3), (4),
and (5), Parliament may provide that a person shall not be
qualified for election as a member of the National Assembly
in any of the following cases, that is to say – |
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(a) |
if
he holds or is acting in any office that is specified by Parliament
and the functions of which involve responsibility for, or
in connection with, the conduct of an election or the compilation
or revision of any register of electors for the purposes of
an election; |
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(b) |
subject
to any exceptions and limitations prescribed by Parliament,
if he has any such interest in any such Government contract,
as may be so prescribed; |
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(c) |
subject
as aforesaid, if – |
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(i) |
he holds
or is acting in or performing the functions of any office
or appointment prescribed by Parliament either individually
or by reference to a class of office or appointment; |
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(ii) |
he belongs
to any armed force of Guyana or to any class of persons that
is comprised in any such force; or |
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(iii) |
he belongs
to any police force of Guyana or to any class of persons that
is comprised in any such force; |
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(d) |
if,
during such period (not exceeding five years) preceding the
election day as may be prescribed by Parliament, he
– |
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(i) |
has been
convicted by a court of an offence relating to excitement
of hostility of ill-will against any person or class of persons
on the grounds of his or their race; or |
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(ii) |
has been
convicted by a court of any offence connected with an election
that is so prescribed or has been reported guilty of such
an offence by the High Court in proceedings under article
163:
Provided that Parliament may empower
the court to exempt a person from disqualification for election
on account of such a conviction or report if the court deems
it just so to do.
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(7) |
For
the purposes of paragraph (1)(c) – |
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(a) |
two
or more sentences of imprisonment that are required to be
served consecutively shall be regarded as separate sentences
if none of those sentences exceeds six months, but if any
one of those sentences exceeds that term they shall be regarded
as one sentence; and |
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(b) |
no
account shall be taken of a sentence of imprisonment imposed
as an alternative to or in default of the payment of a fine. |
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(8) |
In
paragraph (6)(b) "Government contract" means any contract
made with the Government of Guyana or with a department of
that Government or with an officer of that Government contracting
as such. |
| 156. |
(1) |
A
member of the National Assembly shall vacate his seat therein
– |
Tenure of seats
of members of the National Assembly. |
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|
(a) |
if
he resigns it by writing under his hand addressed to the Speaker
or, if the office of Speaker is vacant or the Speaker is absent
from Guyana, to the Deputy Speaker:
Provided that, if the President
certifies that the member had resigned for the purpose of
giving further service to the public, member, if other-wise
qualified, shall be eligible to be re-elected to the Assembly
in accordance with any provision made under article 63;
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(b) |
if
he is absent from the sittings of the Assembly for such period,
and in such circumstances, as may be prescribed in the rules
of procedure of the Assembly; |
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(c) |
if
he ceases to be a citizen of Guyana; |
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(d) |
subject
to the next following paragraph, if any circumstances arise
that, if he were not a member of the Assembly, would cause
him to be disqualified for election as a member thereof by
virtue of the preceding article or of any law enacted in pursuance
thereof; |
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(e) |
in
the circumstances and to the extent set out in article 178(4); |
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(f) |
in
the case of a member who has been elected pursuant to the
provisions of article 61
or article 160(2), whenever Parliament is dissolved; |
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(g) |
in
the case of a member who has been elated pursuant to the provisions
of paragraph (3) or (4) of article 60,
but subject to the provisions of subparagraph (h), whenever
the body by which he was elected is dissolved; or |
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(h) |
in
the case of a member such as is referred to in subparagraph
(g) but who holds office as Speaker, Deputy Speaker, Minister,
Minority Leader or Parliament Secretary, where the body by
which he was elected as such member is dissolved at a time
when Parliament is not dissolved, immediately before the holding
of any election under the provisions of paragraph (3) or (4)
or article 60
in consequence of the dissolution of that body or upon the
occurrence of a dissolution of Parliament, whichever shall
occur first. |
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(2) |
(a) |
If
circumstances such as are referred to in subparagraph (d)
of the preceding paragraph arise in relation to a member of
the Assembly by virtue of the fact that is adjudged to be
of unsound mind, sentenced to death or imprisonment, or convicted
or reported guilty of an offence and if it is open to the
member to appeal against the decision (either with the leave
of a court or other without such leave), he shall not vacate
his seat until the expiration of a period of thirty days thereafter:
Provided that the Speaker may,
at the request of the member, from time to time extend that
period for further periods of thirty days to enable the
member to pursue an appeal against the decision, so, however,
that extensions of time exceeding in the aggregate one hundred
and fifty days shall not be given without the approval of
the Assembly signified by resolution.
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(b) |
If,
on the determination of any appeal, such circumstances continue
to exist and no further appeal is open to the member of the
Assembly, or if, by reason of the expiration of any period
for entering an appeal or notice thereof or the refusal of
leave or for any other reason, it ceases to be open to the
member to appeal, he shall forthwith vacate his seat. |
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(c) |
If
at any time before the member of the Assembly vacates his
seat such that circumstances as aforesaid cease to exist,
his seat shall not become vacant by reason of those circumstances,
and he may resume the performance of his functions as a member
of the Assembly. |
| 157. |
|
A
person shall vacate the office of Speaker or Deputy Speaker
whenever the Assembly first meets after a dissolution of Parliament
and also – |
Speaker and Deputy Speaker. |
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(a) |
in
the case of a Speaker elected from among the members of the
Assembly or in the case of the Deputy Speaker – |
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(i) |
if he
ceases to be a member of the Assembly for any cause other
that a dissolution or Parliament or of a regional democratic
council or of the National Congress of Local Democratic Organs
or the operation of article 156(1)(h):
Provided that where a person, who
holds the office of Speaker, ceases to be a member of the
National Assembly by virtue of the holding of an election
referred to in article 156(1)(f), he shall not by reason
thereof vacate the office of Speaker if at such election
he is re-elected as a member of the Assembly;
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(ii) |
if, by
virtue of paragraph (2)(a) of the preceding article he is
required to cease to perform his functions as a member of
the Assembly; or |
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(iii) |
if he
is appointed to be a Minister or a Parliamentary Secretary; |
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(b) |
in
the case of a Speaker elected from among persons who are not
members of the Assembly if he ceases to be a citizen of Guyana
or if any circumstances arise that would cause him to be disqualified
for election as a member of the Assembly by virtue of article
155 or of any law enacted in pursuance thereof; |
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(c) |
if
he announces the resignation of his office to the Assembly
or if by writing under his hand addressed, in the case of
the Speaker, to the Clerk of the Assembly or in the case of
the Deputy Speaker, to the Speaker (or, if the office of Speaker
is vacant or the Speaker is absent from Guyana, to the Clerk)
he resigns that office; or |
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(d) |
in
the case of the Deputy Speaker, if he is elected to be Speaker. |
| 158. |
(1) |
Subject
to the provisions of the next followings paragraph, the Clerk
or the National Assembly shall vacate his office when he attains
the age of sixty-five years or such later age as may, in any
particular case, be prescribed by the Commission appointed
under paragraph (4). |
Clerk and Deputy Clerk. |
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(2) |
The
Clerk shall be removed from office by the President if, but
shall not be so removed unless, the National Assembly, by
a resolution which has received the affirmative votes of a
majority of all the elected members thereof, has resolved
that he ought to be so removed for inability to discharge
the functions of his office (whether arising from infirmity
of body or mind or any other cause) or for misbehavior. |
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(3) |
The
provisions of paragraphs (1) and (2) shall apply to the Deputy
Clerk as they apply to the Clerk. |
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(4) |
Subject
to the provisions of article 222
the terms of service (including salary and allowances) of
the Clerk and Deputy Clerk shall be determined from time to
time by a Commission consisting of the Speaker, as Chairman,
the Minister responsible for finance or a person nominated
by that Minister to represent him at any meeting of the Commission
and one other Minister designated from time to time by the
Prime Minister. |
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(5) |
A
person who is a public officer may, without ceasing to hold
office in the public service, be appointed in accordance with
the provisions of this article to the office of Clerk or Deputy
Clerk, but – |
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(a) |
no
such appointment shall be made without the concurrence of
the appropriate service authority; |
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(b) |
the
provisions of paragraphs (1), (2) and (3) shall, in relation
to an officer so appointed, apply, subject to the provisions
of subparagraph (d) as respects his service as Clerk or Deputy
Clerk but not as respects his service as a public officer; |
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(c) |
an
officer so appointed shall not, during his continuance in
the office of Clerk or Deputy Clerk, perform the functions
of any public office; and |
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(d) |
an
officer so appointed may at any time be appointed by the appropriate
service authority to assume or resume the functions of a public
office and he shall thereupon vacate his office as Clerk or
Deputy Clerk, but no appointment under this subparagraph shall
be made without the concurrence of the Speaker. |
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(6) |
In
the preceding paragraph "the appropriate service authority"
means the authority in which, under the provisions of this
Constitution, is vested the power to make appointments to
the public office held by the person to be appointed as Clerk
or Deputy Clerk is to be appointed to assume or resume, as
the case may be. |
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(7) |
The
functions conferred by this article on the Speaker shall,
if there is no person holding the office of Speaker of it
the Speaker is absent from Guyana or is otherwise unable to
perform those functions, be performed by the Deputy Speaker. |
| 159. |
(1) |
No
person shall vote at an election unless he is registered as
an elector. |
Qualifications
and disqualifications for electors. |
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(2) |
Subject
to the provisions of paragraphs (3) and (4), a person shall
be qualified to be registered as an elector for elections
if, and shall not be so qualified unless, on the qualifying
date, he is of the age of eighteen years or upwards and either
– |
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(a) |
is
a citizen of Guyana; or |
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(b) |
is
a Commonwealth citizen who is not a citizen of Guyana and
who is domiciled and resident in Guyana and has been so resident
for a period of one year immediately preceding the qualifying
date. |
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(3) |
No
person shall be qualified to be so registered who on the qualifying
date is a person certified to be insane or otherwise adjudged
to be of unsound mind under any law in force in Guyana. |
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(4) |
No
person shall be qualified to be so registered if during such
period (not exceeding five years) preceding the qualifying
date as may be prescribed by Parliament, he has been convicted
by a court of any offence connected with elections that is
so prescribed or has been reported guilty of such an offence
by the High Court in proceedings under article 163:
Providing that Parliament may empower
the court to exempt a person from disqualification for registration
on account of such a conviction or report if the court deems
it just so to do.
|
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(5) |
In
this article "the qualifying date" means such date as may
be appointed by or under an Act of Parliament as the date
with reference to which a register of electors shall be compiled
or revised. |
| 160. |
(1) |
Subject
to the provisions of the next following paragraph the system
of proportional representation referred to in article 60(2)
for the election of fifty-three members of the National Assembly
shall be as follows – |
Electoral system. |
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(a) |
votes
shall be cast throughout Guyana in favour of lists of candidates; |
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(b) |
each
elector shall have one vote and may cast it in favour of any
of the lists; and |
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(c) |
the
seats of the said fifty-three elected members in the Assembly
shall be allocated between the lists in such a manner that
the proportion that the number of such seats allocated to
each list bears to the number of votes cast in favour of the
list is as nearly as may be the same for each list. |
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(2) |
Parliament
may make provision for the division of Guyana into such number
of electoral areas, not being more than half the number of
the said fifty-three elected members of the Assembly, as Parliament
may prescribe and for the election in each such area of one
member of the Assembly, each elector having for this purpose
one vote in addition to the vote which he may case in favour
of a list of candidates; but if Parliament makes provision
as aforesaid, then – |
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(a) |
a
person may stand as a candidate for election in any such electoral
area only if, in such manner as Parliament may prescribe,
he has declared that he supports, or has otherwise identified
himself with, one of the lists; and |
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(b) |
those
of the said fifty-three seats in the Assembly for which members
are not elected in electoral areas as aforesaid shall be allocated
between the lists in accordance with the results of the voting
throughout Guyana in favour of lists in such a manner that
the proportion that the number of seats allocated to each
list, when added to the number of members identified with
that list elected in electoral areas, bears to the number
of votes cast in favour of that list is as nearly as may be
the same for each list. |
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(3) |
Subject
to the provision of this Constitution, Parliament may make
provision – |
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(a) |
for
the registration of electors; |
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(b) |
for
the manner in which lists of candidates shall be prepared,
including the provision in a list of the names of a sufficient
number of candidates to enable any vacancies to be filled
under subparagraph (g); |
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(c) |
for
the manner in which the number of seats to be allocated to
each list shall be calculated in order to give effect to the
provisions of paragraph (1) or paragraph (2), as the case
may be; |
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(d) |
for
the combination of lists of candidates for the purpose of
the allocation of seats (but not for the purpose of voting); |
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(e) |
for
the extraction from the lists and declaration of names of
the candidates who have been elected; |
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(f) |
for
the manner in which elections of members of the National Assembly
shall be held pursuant to the provisions of paragraphs (1)
and (2) of this article or paragraphs (3) and (4) of article
60; |
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(g) |
for
the filling of vacancies among the seats of members of the
National Assembly where such vacancies are caused otherwise
that by a dissolution of Parliament, or of a regional democratic
council or of the National Congress of Local Democratic Organs;
and |
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(h) |
generally
for the conduct of elections of members of the national Assembly
and for giving effect to the provisions of this Constitution
relating thereto. |
| 161. |
(1) |
There
shall be an Elections Commission for Guyana consisting of
a Chairman and such other members as may be appointed in accordance
with the provisions of this article. |
Elections Commission. |
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(2) |
Subject
to the provisions of paragraph (6), the Chairman of the Elections
Commission shall be appointed by the President from among
persons who hold or have held office as a judge of a court
having unlimited jurisdiction in civil and criminal matters
in some part of the Commonwealth or a court having jurisdiction
in appeals from any such court or who are qualified to be
appointed as any such judge. |
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(3) |
In
addition to the Chairman, there shall be one member of the
Commission (hereinafter referred to as a "representative member")
in respect of every list of candidates which at the election
next preceding the appointment of such member obtained not
less that five seats in the Assembly:
Provided that no appointment shall
be made under this paragraph during the period of three
months immediately following the date of an election held
pursuant to the provisions of article 61.
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(4) |
For
the purposes of the preceding paragraph a list shall be regarded
as having obtained a seat in the Assembly if a seat has been
located to that list or if a person identified with that list
has been elected in an electoral area established under article
160(2). |
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(5) |
Subject
to the provisions of paragraph (6), a representative member
of the Commission shall be appointed by the President, acting,
in the case of a member to be appointed in respect of the
list in which the mane of the President was included as a
Presidential candidate, in his own deliberate judgment, and
in the case of any other member, in accordance with the advice
of the person who, under such provisions may be made under
article 63,
has power to identify persons to fill casual vacancies among
the seats of members of the national Assembly from the list
in respect of which the member is appointed or, if a majority
of the members of the Assembly who belong to that list notify
the President that he should act in accordance with the advice
of some other member of the assembly who belongs to that list,
in accordance with the advice of that member:
Provided that if occasion arises
for making an appointment while Parliament stands dissolved
this paragraph shall have effect as if Parliament had not
been dissolved.
|
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(6) |
A
person shall be disqualified for appointment as a member of
the Commission if he is a public officer of an alien. |
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(7) |
A
member of the Elections Commission shall vacate his office
– |
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|
(a) |
at
the expiration of three months from the date of the election
held pursuant to the provisions of article 61
and next following his appointment; or |
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(b) |
if
any circumstances arise that, if he were not a member of the
Commission, would cause him to be disqualified for appointment
as such. |
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(8) |
The
provisions of article 225
(which relate to removal from office) shall apply to the office
of member of the Elections Commission, and, for the purposes
of paragraphs (4) and (6) of that article, the prescribed
authority shall be the Prime Minister:
Provided that, before tendering
any advice to the President under paragraph (4) of the said
article in relation to the representative member appointed
in respect of a list other than that to which the Prime
Minister belongs, the Prime Minister shall consult the person
on whose advice, if the office of that member were vacant,
the President would act under paragraph (5) in appointing
a person to fill the vacancy.
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(9) |
If,
by reason of his illness, absence from Guyana or suspension
under the said article 225,
any member of the Elections Commission is unable to perform
his functions as such, a temporary member may be appointed
in his place. |
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(10) |
The
provisions of this article shall apply in relation to the
appointment of a temporary member of the Commission and to
a temporary member appointed in accordance with this article
as they apply in relation to the member of the Commission
in whose place he is appointed:
Provided that his appointment shall
have effect only for the period ending when the person in
whose place he has been appointed resumes his functions
as, or ceases to be a member of the Commission.
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(11) |
For
the purposes of paragraphs (5) and (8) a person shall be regarded
as belonging to a list if his name appears on that list or
if he was identified with that list and elected in an electoral
area established under article 160(2). |
| 162. |
(1) |
The
Elections Commission shall have such functions connected with
or relating to the registration of electors or the conduct
of elections as are conferred upon it by or under this Constitution
or, subject thereto, any Act of Parliament; and, subject to
the provisions of this Constitution, the Commission
– |
Functions of Elections Commission. |
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|
(a) |
shall
exercise general direction and supervision over the registration
of electors and the administrative conduct of all elections
of members of the National Assembly; and |
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|
(b) |
shall
issue such instructions and take such action as appear to
it necessary or expedient to ensure impartiality, fairness
and compliance with the provisions of this Constitution or
of any Act of Parliament on the part of persons exercising
powers or performing duties connected with or relating to
the matters aforesaid. |
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(2) |
Notwithstanding
anything to the contrary in this Constitution, if the Elections
Commission is satisfied that the holding of an election pursuant
to the provisions of paragraph (2) or (3) or (4) of article
60 or article
160(2) on the day appointed therefor would be attended, either
generally or in a particular area, by danger or serious hardship,
it may, after consultation with the Prime Minister and the
Minority Leader, by notice published in the Gazette
– |
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|
(a) |
postpone
the holding of the election to a day specified in the notice;
or |
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(b) |
postpone
the voting in any area specified in the notice to a day so
specified. |
| 163. |
(1) |
Subject
to the provisions of this article, the High Court shall have
exclusive jurisdiction to determined any question – |
Determination
of questions as to membership and elections. |
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(a) |
regarding
the qualification of any person to be elected as a member
of the National Assembly; |
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(b) |
whether
– |
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(i) |
either
generally or in any particular place, an election has been
lawfully conducted or the result thereof has been, or may
have been, affected by any unlawful act or omission; |
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(ii) |
the seats
in the Assembly have been lawfully allocated; |
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(iii) |
a seat
in the Assembly has become vacant; or |
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(iv) |
any member
of the Assembly is required under the provisions of article
156(2) to cease to exercise any of his functions as a member
thereof; |
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(c) |
regarding
the filling of a vacant seat in the Assembly; or |
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(d) |
whether
any person has been validly elected as Speaker of the Assembly
from among persons who are not members thereof or, having
been so elected, has vacated the office of Speaker. |
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(2) |
Proceedings
for the determination of any question referred to in the preceding
paragraph may be instituted by any person (including the Attorney
General) and, where such proceedings are instituted by a person
other than the Attorney General, the Attorney General if he
is not a party thereto may intervene and (if he intervenes)
may appear or be represented therein. |
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(3) |
An
appeal shall lie to the Court of Appeal – |
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|
(a) |
from
the decision of a Judge of the High Court granting or refusing
leave to institute proceedings for the determination of any
question referred to in paragraph (1); |
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|
(b) |
from
the determination by the High Court or any such question,
or against any order of the High Court made in consequence
of such determination. |
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(4) |
Parliament
may make provision with respect to – |
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|
(a) |
the
circumstances and manner in which and the conditions upon
which proceedings for the determination of any question under
this article may be instituted in the High Court and an appeal
may be brought to the Court of Appeal in respect thereof; |
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|
(b) |
the
consequences of the determination of any question under this
article and the powers of the High Court in relation to the
determination of any such question, including (without prejudice
to the generality of the foregoing power) provision empowering
the High Court to order the holding of a fresh election throughout
Guyana or a fresh ballot in any part thereof or the re-allocation
of seats in whole or in part; and |
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|
(c) |
the
practice and procedure of the High Court in relation to the
jurisdiction and powers conferred upon it by or under this
article and of that Court and the Court of Appeal in relation
to appeals to the Court of Appeal under this article, and,
subject to any provision so made, provision may be made with
respect to the matters aforesaid by rules of court. |
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(5) |
In
this article reference to any person being elected shall be
read and construed as a reference to any person being elected
under paragraph (2) or (3) or (4) of article 60
or under article 160(2), as the case may be. |
| 164. |
(1) |
Subject
to the provisions of paragraphs (2) and (3), a Bill for an
Act or Parliament to alter this Constitution shall not be
passed by the National Assembly unless it is supported at
the final voting in the Assembly by the votes of a majority
of all the elected members of the Assembly. |
Procedure for altering this
Constitution. |
| |
(2) |
A
Bill to alter any of the following provisions of this Constitution,
that is to say – |
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(a) |
this
article, articles 1,
2, 8, 9, 18,
51, 66, 89,
99; and |
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(b) |
articles
3, 4, 5, 6, and
7, 10 to 17
(inclusive), 19
to 49 (inclusive),
52 to 57 (inclusive),
59, 60, 62, 63,
64, 65, 67, 68, 69, 70, 72
(in so far as it relates to the number of regions), 90
to 96 (inclusive), 98, 108,
110, 116, 120 to 163
(inclusive, but excepting article 132),
168 to
215 (inclusive,
but excepting articles 173,
185, 186,
192(2) and (3) and 193), 222,
223, 225,
226, 231
and 232 (excepting the definition of "financial year")
shall not be submitted to the President for his assent unless
the Bill, not less than ten and not more than six months after
its passage through the National Assembly, has, in such manner
as Parliament may prescribe, been submitted to vote of the
electors qualified to vote in an election and has been approved
by a majority of the electors who vote on the Bill:
Provided that if the Bill does
not alter any of the provisions mentioned in subparagraph
(a) and is supported at the final voting in the Assembly
by the votes of not less than two-thirds of all the elected
members of the Assembly it shall not be necessary to submit
the Bill to the vote of the electors.
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(3) |
In
this article – |
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|
(a) |
references
to this Constitution or to any particular provision thereof
include references to any other law in so far as that law
alters the Constitution or, as the case may be, that provision;
and |
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(b) |
references
to altering this Constitution or any particular provision
thereof include references to repealing it, with or without
re-enactment thereof or the making of different provision
in lieu thereof, to modifying it and to suspending its operation
for any period. |
| 165. |
(1) |
subject
to the provisions of this Constitution, the National Assembly
may regulate its own procedure and may make rules for that
purpose. |
Regulation of producure. |
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(2) |
The
Assembly may act notwithstanding any vacancy in its membership
(including any vacancy not filled when the Assembly first
meets after the commencement of this Constitution or after
any dissolution of Parliament) and the presence or participation
in the proceedings of the Assembly shall not invalidate those
proceedings. |
| 166. |
(1) |
The
Speaker, or, in his absence, the Deputy Speaker or if they
are not absent, a member of the National Assembly (not being
a Minister or a Parliamentary Secretary) elected by the Assembly
for the sitting shall preside at any sitting of the Assembly. |
Presiding in the Assembly. |
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(2) |
References
in this article to circumstances in which the Speaker or Deputy
Speaker is absent include references to circumstances in which
the office of Speaker or Deputy Speaker is vacant. |
| 167. |
|
No
member of the National Assembly shall take part in the proceedings
of the Assembly (other than proceedings necessary for the
purpose of this article) until he has made and subscribed
before the Assembly the oath of office:
Provided that the election of a
Speaker and Deputy Speaker of the Assembly may take place
before the members thereof have made and subscribed such
oath.
|
Oaths of members. |
| 168. |
(1) |
Save
as otherwise provided by this Constitution, all questions
proposed for decision in the National Assembly shall be determined
by a majority of the votes of the members present and voting. |
Voting. |
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(2) |
Except
as provided by the next following paragraph, the Speaker or
other member presiding in the Assembly shall not vote unless
on any question the votes are equally divided, in which case
he shall have and exercise a casting vote. |
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(3) |
A
Speaker elected from among persons who are not members of
the Assembly shall have neither an original nor a casting
vote and if, upon any question before the Assembly when such
a Speaker is presiding, the votes of the members are equally
divided, the motion shall be lost. |
| 169. |
|
If
objection is taken by any member of the National Assembly
present that there are present in the Assembly (besides the
person presiding) less than one-third of all the elected members
of the Assembly, and, after such interval as may be prescribed
in the rules of procedure of the Assembly, the person presiding
ascertains that there are still present less than one-third
of all the elected members, he shall thereupon adjourn the
Assembly. |
Quorum. |
| 170. |
(1) |
Subject
to the provisions of article 164, the power of Parliament
to make laws shall be exercised by Bills passed by the National
Assembly and assented to by the President. |
Mode of legislation. |
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(2) |
When
a Bill is presented to the President for assent, he shall
signify that he assents or that he withholds assent. |
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(3) |
Where
the President withholds his assent to a Bill, he shall return
it to the Speaker within twenty-one days of the date when
it was presented to him for assent with a message stating
the reasons why he has withheld his assent. |
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(4) |
Where
a Bill is so returned to the Speaker it shall not again be
presented to the President for assent unless within six months
of the Bill being so returned upon a motion supported by the
votes of not less that two-thirds of all the elected members
of the National Assembly the Assembly resolves that the Bill
be again presented for assent. |
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(5) |
Where
the National Assembly so resolves that a Bill be again presented
for assent, the Bill shall be so presented and the resident
shall assent to it within twenty-one days of its presentation,
unless he sooner dissolves Parliament. |
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(6) |
A
Bill shall not become law unless it has been duly passed and
assented to in accordance with this Constitution. |
| 171. |
(1) |
Subject
to the provisions of this Constitution and of the rules of
procedure of the National Assembly, any member of the Assembly
may introduce any Bill or propose by motion for debate in,
or may present any petition to, the Assembly, and the same
shall be debated and disposed of according to the rules of
procedure of the Assembly. |
Introduction of bills, etc. |
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(2) |
Except
on the recommendation or with the consent of the Cabinet signified
by a Minister, the Assembly shall not – |
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(a) |
proceed
upon any Bill (including any amendment to a Bill) which, in
the opinion of the person presiding, makes provision for any
of the following purposes – |
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(i) |
for imposing
or increasing any tax; |
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(ii) |
for imposing
any charge upon the Consolidated Fund or any other public
find of Guyana or for altering any such charge otherwise than
by reducing it; |
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(iii) |
for the
payment, issue or withdrawal from the Consolidated Fund or
any other public fund of Guyana or any moneys not charged
thereon or any increase in the amount of such a payment, issue
or withdrawal; or |
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(iv) |
for compounding
or remitting any debt due to Guyana; or |
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(b) |
proceed
upon any motion (including any amendment to a motion) the
effect of which, in the opinion of the person presiding, would
be to make provision for any of the purposes aforesaid. |
| 172. |
(1) |
Subject
to the provisions of paragraphs (2), (3) and (4), Parliament
may by law determine the privileges, immunities and powers
of the National Assembly and the members thereof. |
Privilages, etc., of members
of the National Assembly. |
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(2) |
No
civil or criminal proceedings may be instituted against any
member of the Assembly for words spoken before, or written
in a report to, the Assembly or to a committee thereof or
by reason of any matter or thing brought by him therein by
petition, bill, resolution, motion or otherwise. |
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(3) |
For
the duration of any session, members of the Assembly shall
enjoy freedom from arrest for any civil debt. |
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(4) |
No
process issued by any court in the exercise of its civil jurisdiction
shall be served or executed within the precincts of the Assembly
while the Assembly is sitting or through the Speaker, the
Clerk or any officer of the Assembly. |
