| 228. |
(1) |
Where
any person has vacated any office established by this Constitution
(including any office established under article 100,
124, and 125
) he may, if qualified, again be appointed, elected or
otherwise selected to hold that office in accordance with
the provisions of this Constitution. |
Appointments. |
| |
(2) |
Where
by this Constitution a power is conferred upon any person
or authority to make any appointment to any public office,
a person may be appointed to that office notwithstanding that
some other person may be holding that office, when that other
person is on leave of absence pending relinquishment of the
office; and where two or more persons are holding the same
office by reason of an appointment made in pursuance of this
paragraph, then for the purposes of any function conferred
upon the holder of that office the person last appointed shall
be deemed to be the sole holder of the office. |
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(3) |
The
preceding paragraph shall have effect in relation to the office
of any Judge of the Supreme Court of Judicature or the Clerk
or Deputy Clerk or the National Assembly as if that office
were a public office. |
| 229. |
(1) |
Any
person who is appointed or elected to or otherwise selected
for any office established by this Constitution (including
any office established under article 100,
124 or 125)
may resign from that office and, save as otherwise provided
by articles 156(1),
157 and
178(1),
shall do so by writing under his hand addressed to the person
or authority by whom he was appointed, elected or selected. |
Interpretation. |
| |
(2) |
The
resignation of any person from any such office as aforesaid
signified by writing under his hand shall take effect when
the writing signifying the resignation is received by the
person or authority to whom it is addressed or by any person
authorised by that person or authority to receive it or employed
to assist that person in the performance of the functions
of his office. |
| 230. |
|
Where
by this Constitution a person is required to vacate an office
when he attains an age prescribed by or under the provisions
of this Constitution nothing done by him in the performance
of the functions of that office shall be invalid by reason
only that he has attained the age so prescribed. |
Vacation of affice on attaining
a prescribed age. |
| |
|
Amended
by Act No. 1 of 1988 by substitution of Article 231 as follows: |
| 231. |
(1) |
Where
by this Constitution the President or any other person or
authority is required to perform any function in accordance
with the advice or recommendation of, or after consultation
with, another person or authority, or not to make an appointment
without the concurrence of another person or authority, the
question whether the President or that other person or authority
has received or acted in accordance with such advice or recommendation,
or whether such consultation has taken place, or whether the
appointment has received such concurrence, shall not be enquired
into in any court. |
Certain questions not to
be enquired into in any court.
1 of 1988. |
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(2) |
Without
prejudice to the provisions of paragraph (1), no court shall
enquire into any question as to whether there was any consultation,
or any participation in any management or decision-making
process pursuant to article 11
or any other provision of Chapter
XI of Part 1. |
| |
|
Amended
by Act No. 17 of 1984 by substitution of Article 232 as follows: |
| 232. |
(1) |
In
this Constitution, except as otherwise provided or required
by the context – |
Interpretation.
17 of 1984. |
| |
|
|
"alien"
means a person who is not a Commonwealth citizen, a British
protected person or a citizen of the Republic of Ireland; |
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|
|
"attorney-at-law"
means a person having a general right of audience in the Supreme
Court of Judicature; |
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|
|
"Commissioner
of Police" means the officer, however styled, commanding the
Police Force; |
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|
|
"the
Commonwealth" means Guyana and any country to which article
47 applies
and any dependency of any such country; |
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|
|
"court"
means any court of law in Guyana; |
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|
|
"elected
member of the National Assembly" means any person elected
as a member of the National Assembly pursuant to the provisions
of paragraph (2) or (3) or (4) of article 60
or article 160(2); |
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|
|
"election"
means an election of members to serve in the National Assembly,
the National Congress of Local Democratic Organs or other
elected body established by or under this Constitution, as
the case may be; |
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|
|
"financial
year" means any period of twelve months beginning on the first
day of January in any year or such other date as Parliament
may prescribe; |
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|
|
"Guyana"
includes, in relation to any period before the day on which
this Constitution commences, or anything done before that
day, Guyana as it was before that day as well as the former
Colony of British Guiana; |
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|
|
"law"
includes any instrument having the force of law and any unwritten
rule of law and "lawful" and "lawfully" shall be construed
accordingly; |
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|
|
"local
democratic organ" means any local government authority; |
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|
|
"oath"
includes affirmation; |
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|
|
"oath
of office" means, in relation to any office, the oath for
the due execution of that office set out in the Schedule to
this Constitution or such other oath in that behalf as may
be prescribed by Parliament; |
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|
|
"Parliament"
means the Parliament of Guyana; |
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|
|
"the
Police Force" means the Police Force established by the Police
Act and includes any other police force established by or
under an Act of Parliament to succeed to or to supplement
the functions of that Force but does not include any police
force forming part of any naval, military or air force or
any police force established by any local democratic organ; |
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|
|
"public
office" means an office of emolument in the public service; |
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|
|
"public
officer" means the holder of any public office and includes
any person appointed to act in any such office; |
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|
|
"the
public service" means, subject to the provisions of paragraph
(5), the service of the Government of Guyana in a civil capacity; |
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|
|
"regional
democratic council" means the local democratic organ for any
region established under article 72; |
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|
|
"session"
means, in relation to the National Assembly and the Supreme
Congress of the People, the sittings of the Assembly or of
the Congress, as the case may be, commencing when it first
meets after this Constitution comes into force or after the
prorogation of dissolution of Parliament or the Congress,
as the case may be, at any time and terminating when Parliament
or the Congress, as he case may be, is prorogued or is dissolved
without having been prorogued; |
| |
|
|
"sitting"
means, in relation to the National Assembly and the Supreme
Congress of the People, a period during which the Assembly
or the Congress, as the case may be, is sitting continuously
without adjournment and includes any period during which the
Assembly or the Congress, as the case may be, is in committee;
and |
| |
|
|
"the
State" means the Co-operative Republic of Guyana. |
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(2) |
In
this Constitution, unless it is otherwise provided or required
by the context – |
| |
|
(a) |
a reference
to power to make appointments to any office shall be construed
as including a reference to power to make appointments on
promotion and transfer and to confirm appointments and to
power to appoint a person to act in or perform the functions
of that office at any time when the office is vacant or the
holder thereof is unable (whether by reason of absence or
infirmity of mind or body or any other cause) to perform the
functions of that office; and |
| |
|
(b) |
a reference
to the holder of an office by the term designated his office
shall be construed as including a reference to any person
for the rime being lawfully acting in or performing the functions
of that office. |
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(3) |
Where
by this Constitution any person is directed, or power is conferred
on any person or authority to appoint or elect a person, to
perform the functions of an office if the holder thereof is
unable to perform those functions, the validity of any performance
of those functions by the person so directed or of any appointment
or election made in exercise of that power shall not be called
in question in any court on the ground that the holder of
the office was not or is not unable to perform the functions
of the office. |
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(4) |
For
the purposes of this Constitution, a person shall not be considered
to hold a public office by reason only that he is in receipt
of a pension or other like allowance in respect of public
service. |
| |
(5) |
In
this Constitution references to the public service shall not
be construed as including service in – |
| |
|
(a) |
the office
of President, Minister, Attorney General, Parliamentary Secretary,
Speaker, Deputy Speaker, Minority Leader, Ombudsman, or member
of the National Assembly or of the Supreme Congress of the
People or of the National Congress of Local Democratic Organs; |
| |
|
(b) |
the office
of a member of any Commission established by this Constitution; |
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|
(c) |
the office
of a member of any board, committee or other similar body
(whether incorporated or not) established by any law in force
in Guyana; |
| |
|
(d) |
the office
of any Judge of the Supreme Court of Judicature or Clerk or
Deputy Clerk of the National Assembly except for the purposes
of the next following paragraph and save as otherwise provided
in any other provision of this Constitution; or |
| |
|
(e) |
any body
of persons organised as a national service within the meaning
of article 154. |
| |
(6) |
References
in this Constitution to the power to remove a public officer
from his office shall be construed as including references
to any power conferred by any law to require or permit that
officer to retire from the public service: Provided
that – |
| |
|
(a) |
nothing
in this paragraph shall be construed as conferring on any
person or authority power to require a Judge of the Supreme
Court of Judicature, the Director of Public Prosecutions,
the Commissioner of Police, the Auditor General or the Clerk
or Deputy Clerk of the National Assembly to retire from his
office; and |
| |
|
(b) |
any power
conferred by any law to permit a person to retire from the
public service shall, in the case of any public officer who
may be removed from office by some person or authority other
than a Commission established by this Constitution, vest in
the Commission that, if he were to retire, would be the appropriate
Commission in relation to him for the purposes of article
214. |
| |
(7) |
Any
provision in this Constitution that vests in any person or
authority the power to remove any public officer from his
office shall be without prejudice to the power of any person
or authority to abolish that office or to any law providing
for the compulsory retirement of public officers generally
or any class of public officers on attaining an age specified
by or under that law, and, in the case of the Public Service
Commission, the Teaching Service Commission and the Police
Service Commission, shall be without prejudice to power hereby
conferred on the President to remove any such officer from
his officer from his office in the public interest. |
| |
(8) |
subject
to article 226(6)
and article 215(a)(12),
no provision of this Constitution that any person or authority
shall not be subject to the direction or control of any other
person or authority in the exercise of any functions shall
be construed as precluding a court from exercising jurisdiction
in relation to any question whether that person or authority
has exercised those functions in accordance with this Constitution
or any other law. |
| |
(9) |
The
Interpretation and General Clauses Act as in force immediately
before the commencement of this Constitution, shall apply,
with the necessary adaptations, for the purpose of interpreting
this Constitution and otherwise in relation thereto as it
applied for the purpose of interpreting, and in relation to,
any Act in force immediately before such commencement, and
in such application shall have effect as if it formed part
of this Constitution. |
