Public Service Commission Rules Republic of Guyana

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290 Cap. 1:01 Constitution of the Co-operative Republic of Guyana

[Subsidiary] Constitution of Orders
PublicofService
Guyana(Replacement
Commission of Medals, Miniatures and
Rules
Ribbons) Rules
PUBLIC SERVICE COMMISSION

RULES
ARRANGEMENT OF RULES
RULE
CHAPTER I
PRELIMINARY
1. Citation
2. Interpretation.
CHAPTER II
THE PUBLIC SERVICE COMMISSION
3. Composition and Functions, Oath of Office.

4. Meetings.
5. Procedure, quorum and voting.
6. Termination of Service, Decisions other than at meeting.
7. Leave of absence.
8. Secretary to the Commission.
9. Duties of Secretary.
10. Record of meeting and decisions.
11. Evidence.
12. Non-compliance in appearing before Commission.
13. Certificates, testimonials and recommendations.
14. Delegation of powers.
15. Unauthorised disclosure of information.
16. Offence to give false information or to influence Commission.
17. Publication of instruments of delegation.
18. Review by Commission of delegated authority.
19. Protection of Chairman and Members.
20. Director of Public Prosecutions fiat.
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Constitution of the Co-operative Republic of Guyana Cap. 1:01 291
[Subsidiary] Public Service Commission Rules
RULE
CHAPTER III
APPOINTMENTS, PROMOTIONS AND TRANSFERS
21. Application for appointment.

22. Admission to public service.
23. Filling of vacancies.
24. Appointment within the particular section.
25. Appointment within the public service.
26. Appointments in special cases.
27. Advertisements of vacancies.
28. Selection boards.
29. Principles of selection for promotion.
30. Seniority list to be kept up-to-date.
31. Seniority determined by date of appointment.
32. Commission to determine seniority.
33. Principles of selection for acting appointment followed by
substantive appointment.
34. Permanent Secretary to notify eligible officers of vacancies.
35. Principles of selection for acting appointment not followed
by substantive appointment.
36. Recommendation for acting appointment to be submitted in
advance.
37. Reasons for supersession to be stated.
38. Notice to officers transferred.
39. Representation by officer.
40. Date of appointment.
41. Medical examination on appointment.
CHAPTER IV
PROBATIONARY APPOINTMENTS
42. Period of probation on first appointment.

43. Commission to determine requirement of probation.
44. Waiver portion of period of probation.
45. Confidential reports on officer on probation.
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RULE
46. Officer may make representation.
47. Commission to confirm appointment.
48. Permanent Secretary to keep records.
49. Commencing pay.
CHAPTER V
STAFF APPRAISAL REPORTS
50. Staff reports. Officer to be informed of adverse report.

51. (1)Officer to be informed of shortcomings and given
instructions on how to perform his duties.
(2) Report to determine eligibility for promotion.
52. Representation with respect to adverse report.
CHAPTER VI
RETIREMENT AND TERMINATION OF APPOINTMENTS
53. Termination of appointment by officer.

54. Abandonment.
55. Instances for termination of appointment mainly by
employer.
56. Compulsory and voluntary retirement.
57. Premature retirement and retirement in public interest.
58. Retirement in special cases.
59. Termination of appointment on abolition of office or for
facilitating improvement in the organisation of a Ministry or
Department
60. Termination of appointment by dismissal on grounds of
unsatisfactory service.
61. Medical Boards.
62. Unfit officers.
63. Communication to determine date service terminated.
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RULE
CHAPTER VII
DISCIPLINE
64. Officer liable to disciplinary proceedings.

65. Permanent Secretary or Head of Department to inform
police of alleged criminal offence. Prosecution before
the Court. Suspension by the Commission.
66. Departmental disciplinary proceedings. Disciplinary
tribunal.
67. Duties of disciplinary tribunal.
68. Notification of charge and tribunal report.
69. Refusal to make statement.
70. Witnesses.
71. Procedure of disciplinary tribunal.
72. Adjournment of hearing.
73. Failure to attend hearing.
74. Main purpose of tribunal.
75. Report of tribunal to be forwarded to Secretary.
76. Tribunal report to be examined by Commission.
77. Commission may call for fresh proceedings.
78. Proceedings to be private.
79. Penalties.
80. No disciplinary action while criminal proceedings
pending.
81. Disciplinary Tribunal may adjourn and report to
Commission.
82. Disciplinary Tribunal to report where evidence
insufficient.
83. Disciplinary Tribunal to report other misconduct
disclosed at hearing.
84. Commission to consider report of tribunal and inform
officer of findings.
85. Commission may remove officer in public interest.
86. Disciplinary action after acquittal of criminal charge.
87. Conviction on criminal charge.
88. Non-payment of remuneration.
89. Definition of misconduct.
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RULE
CHAPTER VIII
CONDUCT
90. General conduct.
91. Duties of officer.
92. Discourtesy
93. Absence without leave.
94. Not to participate at public meetings. Not to allow
interviews. Not to publish comments.
95. Bankruptcy.
96. Gifts or rewards.
97. Legal proceedings.
98. Breach of rules.
R 15/1/1999 PUBLIC SERVICE COMMISSION

RULES
made under the Constitution of Guyana
CHAPTER I
Citation. 1. These Rules may be cited as the Public Service
Commission Rules.
Interpretation. 2. In these Rules, unless the context otherwise
requires –
“acting appointment” means the temporary appointment of

an officer to a higher office whether that office is
vacant or not;
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“appointment” means the placing of a person in an office in

the public service;
“the Chairman” means the Chairman of the Commission;
“the Commission” means the Public Service Commission

constituted under Article 200 of the Constitution;
“the Constitution” means the Constitution of the Co-

operative Republic of Guyana;
“Fire Service” means service in the Guyana Fire Service

c. 22:02 established by the Fire Service Act, or any act
amending the same;
“Head of Department” means the Head of Department

responsible for the administration of a Department of
Government whether or not that Department is
integrated with a Ministry;
“Official Gazette” means the Official Gazette published by

order of the Government and includes supplements
thereto and any Extraordinary Official Gazette so
published;
“Permanent Secretary” means the administrative head of a

Ministry;
“prescribed form” means the appropriate form as may from

time to time be prescribed by the Commission;
“Prison Service” means service in the Guyana Prison Service

c. 11:01 established by the Prisons Act, or any Act amending
the same;
“promotion” means the appointment of an officer either

substantively or to act in any office higher than the
office or post that the officer was holding
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substantively immediately before such appointment

and includes such appointment by way of
secondment, transfer or otherwise of that officer;
“public office” subject to the provision of Article 232(5) of the

Constitution means a permanent office of emolument
in the public service;
“public officer or officer” means a person who holds or is

acting in a public office of the public service and who
is subject to the jurisdiction of the Commission;
“public service” means service of the Government of Guyana

in a civil capacity and includes the Guyana Fire
Service and the Guyana Prison Service;
“secondment” means the temporary assignment of an officer

in a particular Ministry or Department to serve for a
period in an office of another Ministry or Department
or in the public service of a Government as defined in
c. 27:02 the Pensions Regulations, or in an office under a
c. 28:09
statutory board, or Local Democratic Organs Act as
defined in Section 2 of the Local Democratic Organs
Act;
“statutory board” includes corporation, tribunal, commission,

Committee or other similar body as approved by the
Commission;
“the Secretary” means the Secretary to the Commission;
“transfer” means the release of an officer from his position in

the public service for service in a similar graded or
higher position of the public service or the
relinquishment of an officer’s position for service on a
statutory board.
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CHAPTER II
THE PUBLIC SERVICE COMMISSION
Composition 3. (1) The Composition and functions of the Public

and functions.
Service Commission are set out in article 200 to 205 (inclusive)
of the Constitution.
(2) The Chairman and other members of the

Oath of office
Commission shall, as soon as possible after appointment, take
Form 1.
the oath or make the affirmation set out in Form 1 of the
Schedule.
(3) Such oath or affirmation shall be administered

by or made before the President.
(4) The Secretary and other members of the staff of

the Commission shall on their appointment as such, take the
oath or make the affirmation set out in Form II and Form III of
Form II & III.
the Schedule respectively. Such oath or affirmation shall, in
the case of the Secretary, be administered by or made before
the Chairman of the Commission, and in the case of the other
members of the staff shall be administered by or before the
Secretary.
Meetings. 4. (1) The Commission shall meet as often as may be

necessary for the purpose of performing its functions and
such meetings shall be held on such days and at such time
and place as the Chairman or, if he is not available, the
Deputy Chairman shall determine. If the Chairman and the
Deputy Chairman are not available, the Commission shall
meet on such days and at such time and place as the member,
for the time being who is appointed to act in the office as
Chairman under Article 200 (5) of the Constitution, shall
determine.
(2) Where a member fails to attend at least four

consecutive meetings without reasonable excuse, the
Chairman shall make a report to the President.
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Procedure, 5. (1) The Chairman, or in his absence the Deputy

quorum and Chairman or the member, who for the time being is appointed
voting.
to act in the office of Chairman shall preside at meetings.
(2) At any meeting of the Commission, the

Chairman or the Deputy Chairman or the acting Chairman
and two members shall constitute a quorum.
(3) All questions for discussion at any meeting

shall be decided by a majority of the votes of the members
present.
(4) The Chairman, or in his absence the Deputy

Chairman or the member for the time being acting in the
office of Chairman shall have an original vote, and in the
event of any equality of votes, shall have as well a second or
casting vote.
(5) Where in respect of a decision in a disciplinary

charge the votes are equally divided on the question as to
whether a public officer should be removed from office, the
Chairman, Deputy Chairman or other member who is for the
time being acting in the office of Chairman shall not have a
casting vote and the power to remove the public officer from
officer shall not be exercised.
Termination of 6. (1) Where under any law the services of a public

service under officer can be terminated with redundancy or severance
any law.
benefits, after any prescribed period of notice is given the
officer, the recommendation of the Permanent Secretary or
Head of Department for any such termination shall be
forwarded to the Commission for its approval.
Decisions other (2) Notwithstanding rule 5 but subject to rule 6 (3)

than at any question for decision by the Commission may, instead of
meetings.
being decided at a meeting of the Commission, be decided by
circulation of the relevant papers to all members for them to
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express the views in writing and record their decision, and in

such case the decision shall be in accordance with the view
expressed by the majority of members.
(3) If any member requires that a matter or

question being dealt with by circulation of the relevant papers
shall be reserved for consideration at the next following
meeting of the Commission no decision shall be made on that
matter or question except at a meeting of the Commission.
Grant of leave 7. The Chairman, at his discretion, may on the

of absence to
application of any member of the Commission, grant to such
members.
member leave of absence from the Commission and forthwith
notify the President of any leave so granted.
Secretary to the 8. There shall be a Secretary to the Commission who

Commission. shall be a public officer.
Duties of 9. It shall be the duty of the Secretary –

Secretary.
(a) to submit, whether in writing or

orally matters for the decision of the
Commission;
(b) to notify members of the Commission

as to the day, time and place of
meetings of the Commission;
(c) to attend meeting of the Commission;
(d) to ensure that all documents and

papers relating to any matter being or
to be considered by the Commission
are made available to the
Commission, and that all the
decisions of the Commission are
carried out;
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(e) to be the chief executive officer

responsible for the administrative
functions of the secretariat of the
Commission; and
(f) generally, to be responsible for

matters relating to the functions of the
Commission.
Record of 10. (1) The Secretary shall ensure that minutes of all
meetings and meetings of the Commission and of all decisions arrived at
decisions. under Rule 6, shall be fully recorded and kept, and that the
minutes shall be presented for confirmation by the
Commission as soon as practicable and at a subsequent
meeting or by individual members on circulation thereof.
Dissents. (2) Any member of the Commission who dissents

from a decision may require that his dissent and reasons for
dissenting be recorded in the minutes.
Evidence given 11. (1) The Commission at its discretion may require
at enquiry.
any public officer or other person to attend and give evidence
before it touching any matter concerning the conduct of a
public officer which it has under enquiry and may require
that public officer or other person to produce any official
document or other document relating to that matter.
(2) All oral evidence given before the Commission

shall be upon oath or affirmation administered by the
Secretary in accordance with the form of oath or affirmation
prescribed by the provision of the Evidence Act, Chapter 5:02.
Consultation (3) The Commission in considering any matter or

with other question may in its discretion consult with the executive of an
persons.
association of public officers or with any person or body of
persons as the Commission may consider proper and
desirable and may require that person or persons to attend a
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meeting of the Commission for the purpose of assisting the

Commission in its deliberation on such matter or question
whether by furnishing written or oral information or
otherwise.
None 12. Any public officer who without reasonable excuse

compliance.
fails to appear before the Commission when required to do
so, or who fails to comply with any reasonable request made
by the Commission or with any requirement of these rules
shall be guilty of misconduct.
Certificates, 13. (1) Members of the Commission shall not issue any
testimonial and
written certificates, testimonial, recommendation or other
recommend-
ations. document supporting the application of any person for
appointment to an office in the public service.
(2) Nothing in the preceding rule shall prohibit any

person (other than members of the Commission) from giving
a certificate, testimonial or recommendation to any applicant
or candidate for any public office.
Delegation of 14. Subject to article 201(2) of the Constitution and the

powers.
Public Service Rules the Commission with the approval of the
Prime Minister may delegate to a Permanent Secretary, Head
of Department or the Clerk of the National Assembly any of
the powers and functions of the Commission detailed
hereunder.
A. TEMPORARY APPOINTMENTS
The power to appoint persons on recruitment from

outside the Guyana Public Service in a temporary capacity to
an office in a Ministry or Department.
B. ACTING APPOINTMENTS
(1) The power to appoint a person to act in a public

office in any Ministry or Department whether such acting
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appointment is in a vacant post or a post which is

temporarily vacant, provided that the acting appointment is
for a period not exceeding four months and where it is made
in respect of a vacant post, the officer is informed that such
acting appointment shall not give him or her any prior claim
to eventual permanent appointment thereto.
(2) In the exercise of the power delegated under

rule 14A above, the Permanent Secretary or Head of
Department shall apply the principles of selection
prescribed in rule 29 hereunder.
C. SUBSTANTIVE APPOINTMENTS
The power to appoint persons substantively to a public office

in any Ministry or Department.
D. TRANSFERS
(1) The power to transfer a public officer from an

office in a grade in a Ministry or Department to which such
an officer is assigned to a similar office in that grade in the
same or some other Ministry or Department with no
alteration with respect to his or her remuneration.
(2) The power delegated under rule D (1) above shall

be exercised by the Permanent Secretary or Head of
Department in accordance with the provisions of rule 38
hereunder which requires notice to be given to such officer
and which preserves the right of the officer transferred to
make representations to the Commission.
E. SUSPENSION:-
The power to direct a public officer assigned to a

Ministry or Department to cease to report for duty in
accordance with rule 65(3) (a) hereunder and the Permanent
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Secretary or Head of Department shall report the exercise of

this power forthwith to the Commission.
F. DISCIPLINE:-
(1) The power to exercise disciplinary control in

respect of any alleged act of misconduct or indiscipline as
specified in the Public Service Rules to the extent that the
Permanent Secretary or Head of Department may charge a
public officer with any offence described in the aforesaid
Public Service Rules and may impose, in respect of such
misconduct or indiscipline the appropriate penalty therein
specified or as specified in the Termination of Employment
c. 96:01 and Severance Pay Act.
Publication and 15. (1) Save and except in the course of his duty, no
disclosure of person shall, without the written permission of the
information to
unauthorised
Commission, publish or disclose to any person the contents or
person any part thereof of any document, communication or
prohibited. information whatsoever which has come to his possession or
knowledge in the course of his duties as a member of the
Commission or a member of the staff of the Commission in
respect of any matter to be or already dealt with by the
Commission under the Constitution or these rules.
(2) No public officer, who has knowledge or

possession of any information which has been disclosed in
contravention of the provisions of this rule, shall publish or
communicate it to any other person otherwise than for the
purpose of any prosecution or proceedings under these rules.
Offence to give 16. (1) Any public officer who, in connection with an
false application by any person for appointment to a public office,
information or
gives to the Commission or to any member thereof or to any
influence the
Commission. person or body of persons appointed to assist the
Commission in the exercise of its functions or the discharge of
its duties any information which to his knowledge is false in a
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material particular, or by reason, of any wilful omission of a

material particular, shall be guilty of an offence under these
rules and liable to disciplinary action under section 18(2) of
c. 96:01 the Termination of Employment and Severance Pay Act.
(2) Any public officer who otherwise than in the

course of his duty, directly or indirectly by himself or any
other person in any matter whatsoever influence or attempts
to influence any decision of the Commission or Chairman or
any member thereof, shall be guilty of an offence under these
rules and liable to disciplinary action under Section 18(2) of
c. 96:01 the Termination of Employment and Severance Pay Act.
Instruments of 17. (1) Whenever, the Commission delegates any of its

delegation to
be published.
powers to any of its members or to any public officer in
accordance with paragraph (2) of Article 201 of the
Constitution, the Secretary shall cause notice of such
delegation to be published in the Official Gazette.
(2) A notice published under rule 17 (1) shall

contain the information specifying –
(a) the powers delegated;
(b) the person or persons to whom such

delegation is made;
(c) the extent of such delegation;
(d) the terms and conditions of such

delegation and may include –
(i) the manner in which matters

dealt with under such
delegation may reach the
Commission;
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(ii) the procedure to be followed in

dealing with matters under
such delegated authority.
(3) Every delegation under this rule shall be

revocable by the Commission at anytime.
Reference of 18. Where by virtue of the provisions of paragraph (2)

certain cases to of Article 201 of the Constitution, the power to remove or to
Commission.
discipline a public officer has been exercised by a person or
authority so delegated by the Commission, the public officer
in respect of whom the power was so exercised may apply to
the Commission to review the decision taken by such persons
or authority in accordance with the following provisions:-
(a) The public officer shall within a month

of receiving the notification of his
removal or disciplinary punishment,
forward a request through the
Permanent Secretary of the Ministry
or Head of Department in which he is
serving to the person or authority
who exercised the power to remove or
discipline him to refer the matter to
the Commission for review and he
shall serve forthwith a copy of such
request on the Secretary to the
Commission.
(b) Upon receipt of a request under the

preceding paragraph, the person or
authority who exercised the power to
remove or discipline shall forthwith
prepare a report of the matter and
forward to the Secretary such report,
together with all documents, papers
and other matters relating thereto and
any comments he may wish to make
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for the consideration of the

Commission.
Protection of 19. The Chairman and any member of the

Chairman and
Members of the
Commission shall have such protection and privileges
Commission. respecting any action or suit brought against him for any act
done or omitted to be done in the execution of his duty as are
by law given to any Judge of the Supreme Court of Judicature
acting in the execution of his office.
Direction of 20. A prosecution under these rules shall not be

Public
instituted except by or with the consent of the Director of
Prosecutions
fiat. Public Prosecutions.
CHAPTER III
APPOINTMENTS, PROMOTION AND TRANSFERS
Application for 21. Every application for a first appointment to the

appointment.
public service shall be addressed to the Secretary on the
prescribed form.
Admission to 22. (1) Arrangements may be made by the

the public
service.
Commission for the holding of written competitive
examinations as may be considered necessary from time to
time for admission to, or promotion within the public service.
(2) Any position in the public service which

requires the applicant to take a written examination and/or
interview shall be specified in any notification published in
the Official Gazette or the newspapers and on the basis of
such examination and/or interview conducted by the
Commission, the applicant for appointment shall be selected.
(3) Any applicant who fails the examination or

interview for admission to the public service in any year,
shall, if he wishes to be considered again for appointment, re-
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apply and re-submit himself for the examination and/or

interview in any following year, notwithstanding that he may
have held a temporary appointment in the public service in
the meantime.
(4) Any applicant who passes the examination for

admission to the public service in any year but fails to obtain
an appointment shall, if he wishes to be considered for
appointment, re-apply and re-submit himself for an interview
in the following year, but the Commission may in such case
as it shall think fit, waive the requirements of this Rule.
(5) If more than two years elapse between the date

when an applicant passes the examination for admission to
the public service and the date when he re-applies to be
considered for an appointment, then the Commission may, as
it thinks fit, require the applicant to re-submit himself for the
examination and interview.
(6) All examination to be held under this rule shall

be set and the papers marked by such Examination Board as
may be appointed by the Commission for that purpose, and
the Secretary shall be responsible for the conduct of the
examinations.
(7) An applicant shall not be permanently

appointed until he or she has satisfactorily passed a medical
examination conducted by a Government Medical Board.
Filling of 23. (1) As soon as it is known that a vacancy will occur

vacancies.
and it is required by the Government that the vacancy should
be filled either by a substantive, temporary, or acting
appointment, or transfer from one Ministry/Department to
another, the Permanent Secretary or Head of Department
shall communicate the information to the Secretary, in
writing, and shall request that the vacancy be filled and make
his recommendations regarding the filling of the vacancy.
This rule does not apply to internal transfer within a
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Ministry/Department.
(2) The Secretary shall, from time to time by

circular, memoranda or by publication in the Official Gazette,
the newspapers or on the radio, give notice of vacancies
which are to be filled in the public service including the
duties and qualifications for the vacant posts and invite
applications for appointments, thereto. Such applications
shall be made on the prescribed form and forwarded direct to
the Secretary and a copy forwarded at the same time to the
Permanent Secretary of the Ministry or the Head of the
Department in which the officer is serving, but failure of an
eligible officer to apply shall not prejudice the consideration
of that officer for appointment to the post that is vacant.
Appointments 24. Whenever in the opinion of the Commission it is

within the possible and in the best interests of the particular section
particular within the public service to do so, appointment to vacancies
section within
shall be made from within the particular section.
the public
service.
Appointments 25. Where in the opinion of the Commission after

from within the considering any recommendations of a Permanent Secretary
public service. or a Head of Department, it is impractical or not in the best
interest of the public service to make an appointment from
within the particular section, the Commission may, with or
without competition, appoint a person from within the public
service who in the opinion of the Commission, is the most
suitable and best qualified.
Appointments 26. The Commission may make an appointment to a

in special cases. public office without competition as may be recommended by
a Permanent Secretary of Head of Department where –
(a) an appointment to the public office is

urgently required; or
(b) the availability of suitable candidates

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who are qualified for the public office

is limited; or
(c) a person having special skill or

knowledge is required for the public
office; and the Commission is of the
opinion that a competition is not
practical or is not in the public
interest.
Advertise- 27. Where the Commission considers either that there

ments of is no suitable candidate already in the public service available
vacancies. for the filling of any vacancy or that having regard to
qualifications, experience and merit, it would be
advantageous and in the best interest of the public service
that the services of a person not already in the public service
be secured, the Commission may authorise the advertisement
of such vacancy in the Official Gazette or the newspapers.
Selection
28. (1) The Commission may from time to time
boards. appoint one or more Selection Boards to assist in the selection
of candidates for appointment in the public service and the
composition of any such Board and the form in which its
reports are to be submitted shall be in the discretion of the
Commission.
(2) On consideration of any report of a selection

Board, the Commission may, in its discretion, summon for
interview any of the candidates recommended by such Board.
Principles of 29. (1) In considering the eligibility of public officers

selection for for promotion, the Commission shall take into account the
promotion. education qualifications, merit and ability, together with
relative efficiency, and experience of such officers, and should
two or more officers, be equally eligible for promotion the
Commission shall give consideration to the relative seniority
of the officers available for promotion.
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(2) The Commission in considering the eligibility

of officers under rule 29(1) for promotion shall attach greater
weight to –
(a) seniority where promotion is to an

office in the grade immediately above
an office in the recruiting grade, or
(b) merit, ability and efficiency where
promotion is to an office that involves
work requiring progressively higher
responsibility and greater initiative.
(3) In carrying out its functions under the

preceding rules 29 (1) and (2), the Commission shall take into
account as regards an officer’s eligibility for promotion :-
(a) his general physical fitness;
(b) his position on the seniority list;
(c) any special course of training that he

may have undergone;
(d) the evaluation of his overall

performance as reflected in staff
appraisal reports;
(e) any letter of commendation or special

reports in respect of any special work
done by the officer;
(f) his job knowledge and experience;
(g) the duties of and qualifications

required for appointment to the office
for which he is a candidate;
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(h) any specific recommendation of the

Permanent Secretary or Head of
Department for filling the particular
office;
(i) any previous employment of his in

the public service, or otherwise;
(j) any special reports for which the

Commission may call; and
(k) his devotion to duty and general
conduct.
(4) In addition to the requirements prescribed in

rules 29 (1), (2) and (3), the Commission shall consider any
specifications that may be required from time to time for
appointment to a particular office or any other matter which
in the opinion of the Commission is relevant in assessing the
eligibility of a public officer for promotion.
Seniority list to 30. The Secretary shall keep proper and up-to-date
be kept up to staff list of all officers setting out their respective seniority in
date.
the several grades of the public service.
Seniority 31. (1) The seniority of an officer shall be determined

determined by
by the day of his appointment to the particular grade in
date of
appointment. which he is serving. The seniority of officers promoted to the
same grade on the same date shall be determined by their
seniority in their former grade.
(2) Where officers have entered the public service

by competitive examination and are appointed to the same
grade with effect from the same date, the relevant seniority of
such officers shall be determined according to their
performance in such examination.
(3) The seniority of an officer who voluntarily

resigns from the public service and is subsequently re-
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appointed to it shall be reckoned from the date of his

appointment.
Commission to 32. The Commission shall determine the seniority of

determine the officer in any case not covered by rule 30 or 31.
seniority.
Principles of 33. (1) The Commission shall ensure that as regards

selection for an acting appointment which is to be followed by a
acting substantive appointment any recommendation made by a
appointment
Permanent Secretary or Head of Department to the
followed by
substantive Commission in relation thereto shall be based on principles
appointment. set out in rule 29.
(2) Where, in the exigencies of the public service, it

has not been practicable to apply the principles set out in rule
29, an officer selected for acting appointment in consequence
of a recommendation made by a Permanent Secretary or
Head of Department shall not thereby have any special claim
to the substantive appointment.
(3) In considering the recommendation made in

relation to a substantive appointment, the Commission shall
take into account the claims of all eligible officers.
Permanent 34. (1) Where an acting appointment falls to be made

Secretary to whether as a prelude to a substantive appointment or not, the
notify eligible Permanent Secretary or Head of Department shall notify
officers of
vacancies.
those officers within the Ministry or Department who in his
opinion are eligible for consideration and forward their
names to the Commission.
(2) The Commission shall, after notification as

required by rule 34(1), and before appointing an officer to act,
allow a period of seven days to elapse for the purpose of
allowing the officers of the Ministry or Department to make
representations on the filling of the vacancy.
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(3) Where a vacancy occurs in an office and an

acting appointment falls to be made for a period not likely to
exceed twenty-eight days as a result of sudden illness or other
very special circumstances, the Permanent Secretary or Head
of Department may with the assent of the Secretary appoint
an officer to act for such period and the provisions of rule 33
(1), (2) and (3), 34 (1) and (2) shall not apply to such acting
appointment.
Principles of 35. (1) Where an acting appointment falls to be made

selection for otherwise than as a prelude to substantive appointment, the
acting officer appointed shall –
appointment
not followed
by (a) as a general rule be the senior officer
substantive in the Ministry or Department eligible
appointment. for such acting appointment;
(b) assume and discharge the duties and

responsibilities of the office to which
he is appointed to act.
(2) In submitting any recommendation for an

acting appointment, the Commission shall examine whether
the exigencies of the particular section of the public service
would best be served by transferring an officer next in line of
seniority from another section/district to act when there is an
officer in the same section/district who is capable of
performing the duties of the higher grade, and in such
examination the question of additional Government
expenditure for travelling and subsistence allowance and
other expenditure shall be borne in mind.
Recommenda- 36. The Permanent Secretary or Head of Department

tion for acting shall submit, well in advance, recommendations for acting
appointment to appointments to permit their consideration by the
be submitted in
advance.
Commission before the dates on which the acting
appointments are intended to become effective but the
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Commission may waive the provisions of this rule where the

necessity to submit recommendations has been occasioned by
sudden illness, or very special circumstances or in any other
circumstances which the Commission may consider
appropriate.
Reasons for 37. In submitting recommendations for acting

supersession to
appointments to the Commission, Permanent Secretaries and
be stated.
Heads of Department shall state the reasons why senior
serving officers, if any, within Ministries/Departments are
being superseded.
Notice to 38. (1) Where the Commission proposes to transfer an

officers officer, the Commission shall, except where the exigencies of
transferred.
the section of the public service do not permit, make an order
of transfer, in writing, and shall give not less than one
month's notice to an officer who is to be transferred.
Officer to
assume duties.
(2) An officer in respect of whom an order has
been made under rule 38 (1) shall assume his duties on
transfer whether or not a review of the order of transfer by
the Commission is pending.
Representation 39. An officer who is aggrieved by an order or

by officer.
recommendation of promotion, appointment, dismissal,
transfer or discipline may make representation to the
Commission for a review of the order or recommendation in
accordance with the following provisions of this rule.
(1) Where an officer desires to make

representation to the Commission for a
review of any such order or
recommendation he shall submit to the
Permanent Secretary or Head of Department
within seven days of the receipt of
notification of the order or recommendation,
his representation in writing.
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(2) The Permanent Secretary or Head of

Department shall within seven days forward
to the Commission any representation in
their original form submitted to him in
writing together with any comments which
he may wish to make thereon.
(3) The Commission shall consider the

representations of the officer and the
comments, if any, of the Permanent
Secretary or Head of Department and shall
communicate its decision in writing to the
Permanent Secretary or Head of Department
and send a copy to the officer.
Date of 40. (1) The date of appointment to an office in a

appointment particular Ministry or Department within the public service
shall normally be the date on which the officer assumes
substantively the duties of the office to which he has been
appointed.
(2) The date of appointment on promotion shall be

such date as the Commission shall specify.
(3) If an officer is selected for appointment from

outside Guyana, the date of appointment shall be the date
specified in the letter of appointment.
Medical 41. (1) A person selected for appointment in the public

examination service shall undergo a medical examination by a
on
Government Medical Board and shall not be confirmed in his
appointment.
appointment unless and until he has been passed medically
fit.

Department to which an appointee has been assigned, shall
make appropriate arrangements for him to be medically
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examined as soon as practicable after his assumption of duty.
(3) The Medical Board after examining the new

appointee shall submit a medical report on the prescribed
form to the Secretary under confidential cover as soon as
practicable after the examination.
(4) The Secretary shall notify the appointee

whether the medical report is favourable or unfavourable and
under confidential order send copies of the report to the
Permanent Secretary or Head of Department.
(5) All communication relating to the medical

report concerning an appointee shall be strictly confidential
and any officer who communicated the details of any medical
report to any other person except for the purpose of, and as
provided for in this rule, shall be guilty of improper conduct.
CHAPTER IV
PROBATIONARY APPOINTMENTS
Period of 42. Except as otherwise provided in this Chapter, an

probation on officer on first appointment to the public service shall be
first required to serve on probation for a period of not less than
appointment.
one year or such longer period as may be specified.
Period of 43. (1) Where an officer is to be appointed to an office,

probation on the duties which he has already satisfactorily performed
first whether in an acting or temporary capacity or on secondment
appointment in
other cases.
for periods of equal or longer duration than the period of
probation, the officer shall not be required to serve on
probation.
(2) Where an officer is appointed on probation to

an office in which he has not acted satisfactorily, the
Commission shall determine the period of probation to be
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served.
Waiver of 44. Where an officer is promoted before he has

portion of completed the full period of probation in the lower office, the
period of
probation.
unserved portion of that period of probation shall be deemed
to be waived and the officer deemed to be confirmed in that
appointment.
Confidential
45. (1) A Permanent Secretary or Head of Department
reports on shall forward to the Secretary in respect of each officer on
officer on probation a staff appraisal report at the end of his
probation. probationary period and shall recommend, based on such
appraisal report, either that the officer be confirmed in his
appointment, or the probationary period be extended or the
officer revert to his former office, where applicable, or his
services be terminated.
(2) A Permanent Secretary or Head of Department

shall ensure that adverse comments are brought to the
attention of the officer on probation and that he is given every
assistance to correct any shortcomings.
Officer may 46. (1) Before any recommendation is made to the

make Commission for the extension of the period of probation of an
representation. officer or for the termination of his appointment, the
Permanent Secretary or Head of Department shall inform the
officer of his recommendation and of the specific reasons
therefor and he shall invite the officer to submit any
representations he may wish to make.
(2) Notwithstanding the provisions of these rules,

the first appointment on probation of an officer may, at any
time during the period of probation, be terminated by the
Commission as it thinks fit.
Commission to 47. (1) The Commission shall consider the appraisal

confirm report submitted by the Permanent Secretary or Head of
appointment.
Department with respect to the officer on probation and if
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satisfied that the service of an officer on probation has been

satisfactory, the Commission shall confirm his appointment
with effect from the date of his appointment of probation.
(2) If the Commission is not satisfied that the

service of an officer on probation has been satisfactory, the
Commission may extend the period of probation for a further
period.
Permanent 48. A Permanent Secretary or Head of Department

Secretary to
shall keep a proper record of every officer who has been
keep record.
appointed on probation to an office in his Ministry or
Department and send copies of the record to the Commission
at regular intervals or at the request of the Commission.
Commencing 49. The Commission may with the approval of the

pay. Permanent Secretary, Public Service Ministry authorise
payment to an officer of a commencing pay higher than the
minimum remuneration attaching to the office to which he is
promoted appointed or transferred.
CHAPTER V
STAFF APPRAISAL REPORTS
Staff Reports. 50. (1) A Permanent Secretary or Head of Department

shall forward to the Secretary in each year a staff appraisal
report not later than the anniversary of the date of the officer's
appointment.
(2) Following interview with the officer on his

work performance and conduct a staff appraisal report shall
relate to the period of service during the preceding twelve
months.
(3) In the preparation of a staff appraisal report,

the reporting officers shall be guided by his own deliberate
judgment and shall in such report –
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(a) make an unbiased assessment of the

officer's performance and conduct
over the past twelve months, and
(b) give an indication of the future

prospects of the officer.
(4) A staff appraisal report shall be in such form as

may from time to time be prescribed and shall be made in
respect of every officer whether he holds a permanent
appointment, an acting appointment, a temporary
appointment or is employed for a specified period and shall
be shown to the officer reported on before submission to the
Commission.
Officer to be (5) When adverse (below average) markings or

informed of comments are included in the staff appraisal report, the
adverse report.
officer shall be informed by the Permanent Secretary or Head
of Department in writing thereof before the report is
submitted to the Secretary.
Officer to be 51. (1) In order that an officer may be given every

informed of opportunity to correct any shortcomings which he might
shortcomings
and given
evince during the course of the twelve months' period of
instructions on service to be reported on, a Permanent Secretary or Head of
how to perform Department shall as and when such shortcomings are noticed,
his duties. cause the officer to be informed in writing thereof; including
instructions as to how he should perform his duties and a
written warning to adhere to those instructions.
Reports to (2) A staff appraisal report made in respect of an

determine officer under rule 50 shall be considered by the Commission
eligibility for
in determining the eligibility of the officer for promotion.
promotion.
Representation 52. (1) Where written notice of an adverse report is

with respect to given to an officer as required by rule 50 (5), the officer may,
adverse report. not later than seven days of the receipt of such notification
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make representation in writing through the Permanent

Secretary or Head of Department to the Commission.

Department may within seven days of the receipt of such
representation submit his comments thereon before
forwarding them to the Commission.
CHAPTER VI
RETIREMENT AND TERMINATION OF
APPOINTMENTS
Termination of 53. (1) An officer who wishes to terminate his

appointment appointment shall give to the Commission through the
by officer.
Permanent Secretary or Head of Department notice in writing
in duplicate of his intention at least two weeks where the
officer has been employed for less than one year and one
month where the officer has been employed for one year or
more before the date on which he wishes to relinquish his
appointment.
(2) Notwithstanding any rule respecting the non-

forfeiture of leave, an officer who fails without reasonable
cause to comply with rule 53 (1) shall be liable to have all
leave, and the benefits and privileges accruing to him in
respect of leave forfeited.
(3) An officer is not entitled to withdraw his notice

of termination of appointment, after such-notice, becomes
effective, but the Commission may accept a withdrawal of the
notice if tendered in writing at any time, before the effective
date of the termination of appointment.
Abandonment. 54. An officer who is absent from duty without leave

for any period Abandonment, and without any adequate
excuse shall be presumed to have abandoned his office and
may be dismissed by the Commission.
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Instances for 55. Where applicable, the services of an officer may be

termination of terminated for the reasons stated hereunder –
appointment
mainly by
employer. (a) Where the officer holds a permanent
appointment, or temporary
appointment –
(i) on dismissal or removal

in consequence of
disciplinary proceedings;
(ii) on compulsory
retirement;
(iii) on voluntary retirement;
(iv) on retirement or
resignation for medical
reasons;
(v) on being retired or

removed in the public
interest;
(vi) on resignation either

with or without benefits
payable under any
written law providing for
the grant of pensions,
gratuities or
compensations;
(vii) on the abolition or expiry

of the office;
(viii) where the office itself is

of a temporary nature
and is no longer
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necessary;
(ix) during or on the expiry

of a probationary period;
(x) by mutual consent;
(xi) on the ground of

redundancy;
(xii) by service of notice,

either by the Permanent
Secretary or Head of
Department on the
officer, such notice being
two weeks where the
officer is employed for
less than one year, and
one month, where the
officer is employed for
one year or more.
(b) Where the officer is on contract his

services shall be terminated in
accordance with the terms of the
contract.
Compulsory 56. An officer who is appointed to a permanent

and voluntary pensionable post –
retirement.
(a) shall retire on attaining the age of

fifty-five years, unless his services are
continued at the request of the
Government.
(b) may at any time after he attains the

age of fifty years and before attaining
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the age of fifty-five years apply to the

Commission for permission to retire
and shall in his application state the
grounds on which it is based.
Premature 57. (1) If it appears to the Commission that pursuant

retirement and to section 11 of the Pensions Act, an officer who has attained
retirement in the age of fifty years ought to be called upon to retire from the
public interest.
Public Service, the Commission shall advise the officer
c. 27:02
accordingly; and
(2) Such officer shall be afforded an opportunity of

submitting to the Commission any representations he may
wish to make regarding his proposed retirement; and
(3) If the Commission, after considering the

representations, if any, made by the officer, is of the opinion
that, having regard to all the circumstances of the case, the
officer should be retired in the public interest, the
Commission shall require the officer to retire on such date as
the Commission shall determine, and the officer shall be
retired accordingly.
(4) Such representations shall be dealt with

according to the procedure set out in Rule 39 (1), (2) and (3).
Retirement in 58. (1) Where it is represented to the Commission or

special cases. the Commission considers it desirable in the public interest
that any officer should be required to retire on grounds which
cannot suitably be dealt with under any of these rules, it shall
call for a full report on the officer from the Permanent
Secretary or Head of Department in which he is serving and
shall take into account the officer’s previous record during the
last preceding ten years.
(2) If, after considering such report and such

record giving the officer an opportunity of submitting a reply
to the grounds on which his retirement is contemplated, and
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having regard to the conditions of the particular section of the

public service in which the officer is employed, the usefulness
of the officer thereto, and all the other circumstances of the
case, the Commission is satisfied that it is desirable in the
public interest so to do, it shall require the officer to retire on
such date as the Commission shall determine, and he shall be
retired accordingly.
Termination of 59. (1) Where an office, being one of a number of like

appointment offices, appointment on has been abolished but one or more
on abolition of than one such office or mains, the Permanent Secretary or
office or for
facilitating
Head of Department shall make a report thereon to the
improvement Secretary for consideration by the Commission, and shall
in the recommend with his reasons therefor, which officer shall be
organisation of retired or removed from the public service in consequence of
a Ministry or
Department.
such abolition.
(2) Where it is necessary to retire or remove an

officer from the public service for the purpose of facilitating
improvement in the organisation of a Ministry or Department
in order to effect greater efficiency or economy, the
Permanent Secretary or Head of Department shall make a
report thereon to the Secretary for consideration by the
Commission, and shall recommend with his reasons therefor
which officer shall be retired or removed from the public
service in consequence of such re-organisation.
(3) Where the Permanent Secretary or Head of

Department makes any recommendation under rule 60 (1) or
(2), the Permanent Secretary or Head of Department shall, at
the same time, notify the officer concerned in writing of his
recommendations, and such officer may, within seven days of
the receipt of the notification, make representations thereon.
(4) Such representations shall be dealt with

accordingly to the procedure set out in rule 39(1), (2) and (3).
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(5) Notwithstanding rule 60 (1) or (2) and after

consideration of the representations of the officer, the
Commission may, instead of retiring or removing the officer
from the public service, transfer the officer concerned to
another office not lower in status than that which he held.
Termination of
60. (1)The Commission may terminate the
appointment appointment of an officer by dismissal on grounds of
by dismissal unsatisfactory performance of duty.
on the grounds
of
unsatisfactory
(2) Where a Permanent Secretary or Head of
service. Department makes a recommendation in writing that the
appointment of an officer should be terminated by dismissal
on the grounds of unsatisfactory performance of duty, the
officer shall be informed in writing, of such recommendation
and such officer may, within seven days of the receipt of the
notification, make representations thereon.
(3) Subject to rule 60 (5) such representations shall

be dealt with according to the procedure set out in rule 39(1),
(2) and (3).
(4) The employment of an officer shall not be

terminated by dismissal for unsatisfactory performance of
duty unless the Permanent Secretary or Head of Department
has given instructions to the officer as to how he should
perform his duties and a written warning to adhere to such
instructions and the officer continues to perform any duty
unsatisfactorily after a period of one month from the date of
such instructions.
(5) The Commission may, upon application of the

officer or on its own motion, cause an investigation to be
made before making a final decision.
Medical 61. (1) A Medical Board shall be held whenever it is

Boards. necessary for an officer to be examined with a view to
ascertaining whether or not the officer should be retired on
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grounds of ill-health, or in any case or class of case in which

the Commission so directs.
(2) An officer may be required by the Commission

to undergo a medical examination at any time.
(3) An officer who is required to undergo a

medical examination shall submit himself to be examined by
a Medical Board at such time and place as the Commission
may direct.
(4) Where an officer, through refusal or neglect to

obtain specialist advice or to obtain treatment when so
recommended by the Medical Board, falls sick or in
consequence is unable to perform his duties, the Commission
may direct that the period which he is , unable to perform his
duties shall be counted as leave without pay.
(5) Whenever it is considered necessary for an

officer to be examined with a view to ascertaining whether or
not he should be retired on grounds of ill-health, the
Permanent Secretary or Head of Department shall make a
recommendation to this effect to the Commission and where
there is a medical record of the officer, the record shall be
made available to the Medical Board.
(6) Where the reason or one of the reasons for the

deterioration in the work of the officer is ill-health, the
Commission shall request that the officer undergo a medical
examination and the Permanent Secretary or Head of
Department, shall submit a detailed report on any change in
the quality of the officer's work performance in order to assist
the Medical Board in carrying out the medical examination of
the officer concerned.
Unfit officers. 62. (1) An officer who is medically boarded and found
unfit for further service shall unless there is a challenge to the
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finding of the Medical Board's report, not be allowed to

remain on duty after receipt of the Medical Board's report,
and shall be granted such annual leave and accumulated
annual leave for which he is eligible.
(2) If the officer has no leave to his credit he shall

be given one month's notice of termination of his
appointment on medical grounds or one month's salary in
lieu thereof.
Commission to 63. Where the appointment of an officer is terminated

determine date by any of the rules under Chapter VI, his service shall
service
terminate on such date service terminated as the Commission
terminated.
determines and the question of his pension, gratuity or other
allowance shall be dealt with in accordance with the
c. 27:02 provisions of the Pensions Act, or the provisions of the
c. 96:01 Termination of Employment and Severance Pay Act.
CHAPTER VII
DISCIPLINE
Officer liable to 64. An officer who is alleged to be guilty of

disciplinary misconduct or indiscipline by failing to comply with any law,
proceedings.
rule, order or directive for time being in force, shall be liable
to disciplinary proceedings in accordance with the procedure
prescribed in these Rules.
Permanent 65. (1) Where any serious offence against any criminal
Secretary or law appears to have been committed by an officer, the
Head of
Permanent Secretary or Head of Department shall report the
Department to
inform police matter forthwith directly to the police providing all available
of alleged supporting statements and material particulars for
criminal investigation by the police.
offence.
Prosecution (2) If after investigation by the police, it is decided

before the that the officer should be prosecuted before the Court, the
court. prosecution to be taken shall be reported forthwith to the
Commission by the Permanent Secretary or Head of
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Department with his recommendation whether the officer

should, in respect of the alleged offence, continue or cease to
report for duty, or his services should be terminated under
rules 65(3) (b).
(3) After a report is made under rule 65(3) the

Commission shall in the public interest or to protect the
repute of the public service, direct the officer, in writing,
whether:
Suspension by (a) to report or cease to report for duty,

the until further notice from the
Commission. Commission, and an officer so
directed, shall continue to perform or
cease to perform the functions of his
office accordingly and where an
officer is directed to cease to perform
the functions of his office, he shall be
paid full salary, which shall be
discontinued in accordance with rules
88(1) and (3) in the event of his
conviction of the offence charged
under rule 65 (2) on the same date of
his conviction or
(b) give the officer notice, in writing for

Termination of
appointment. the termination of his employment,
such period of notice to be two weeks
where the officer has been employed
for less than one year, and one month
where the officer has been employed
for one year or more.
(4) An officer whose services have been terminated

under rule 65 (3) (b) will be eligible for severance allowance
as provided under the Termination of Employment and
Severance Pay Act.
c.96:01
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Penalty and (5) Where pursuant to any prosecution under rule

conviction by
65 (2) an officer is convicted of any charge, as soon as
the Court.
possible, by the court, after the decision of the Court is
notified, the Commission shall decide, as appropriate,
whether a penalty should be awarded under rule 79 (1) and
notify him accordingly, or, in the case where the officer is
acquitted of the charge/s, the Commission shall remove all
restrictions if any, imposed on him as a consequence of the
charge/s which were laid against him.
Departmental 66. (1) Where under rule 65 (1) the Police has advised
disciplinary against disciplinary any criminal charge before the Court, the
proceedings.
Permanent Secretary or Head of Department, as he thinks fit,
may in respect of the alleged misconduct or indiscipline by
the officer take the following steps –
(a) On the bases of all the evidence in

support of the alleged misconduct or
indiscipline seek, as may be
necessary, the advice of the Solicitor
General in regard to the precise
wording of the departmental charge.
(b) Serve in writing on the officer, the

charge/s together with such
particulars as will leave the officer
under no misapprehension as to the
precise nature of the allegation/s on
which the charge/s are based; and at
the same time request the officer's
immediate acknowledgment of
receipt of the charge/s and also, his
reply, in writing, to the charge/s
denying or admitting same within
seven days of acknowledgment of
receipt.
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Penalty to be (2) If, the officer admits his misconduct and/or

imposed by
indiscipline, as charged, the Permanent Secretary or Head of
Commission.
Department shall forthwith submit to the Secretary, all the
relevant documents pertaining to the matter with his
recommendation on the particular penalty which may be
imposed by the Commission as set out in rule 79 (1). On
receipt of such documents the Commission may, subject to
rule 87, decide on and impose the penalty without further
inquiry.
(3) On the other hand, if the officer fails to reply to

the charge or in his reply to the charge fails to admit or deny
the charge, the Permanent Secretary or Head of Department
shall appoint a disciplinary tribunal in accordance with rule
66 (4) as early as possible, to investigate and hear the officer's
explanations, in his defence.
Disciplinary (4) The disciplinary tribunal may be constituted

tribunal. of –
(a) one officer who shall be the Chairman
or
(b) an uneven number of persons not

being less than three, one of whom
shall be appointed the Chairman.
(5) Where an officer is selected under rule 66 (4) he

shall be of a grade not lower than that of Senior Personnel
Officer or of a grade equivalent in status, but in no case, he be
of a grade lower than the officer charged.
(6) Where the defaulter is a Permanent Secretary or

a Head of Department, all references to the Permanent
Secretary or Head of Department as provided in these rules to
effect the institution of any criminal charge or disciplinary
proceedings shall be construed to refer, in the case of a
Permanent Secretary to the Minister in charge of the Ministry
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where the Permanent Secretary is employed, or in the case of

the Head of Department to the Head of the Presidential
Secretariat.
Duties of 67. (1) It shall be the duty of every person or officer

disciplinary appointed to the disciplinary tribunal to hear the evidence,
tribunal.
find the facts, collect all documentary evidence and with the
Chairman of the tribunal make a report to the Permanent
Secretary or Head of Department within a month or such
longer period as the Permanent Secretary or Head of
Department may permit, and such officer of the tribunal may
not be permitted any leave, other than sick leave or maternity
leave until the report is delivered to the Permanent Secretary
or Head of Department.
(2) Where a member of the disciplinary tribunal is

appointed under rule 66 (4) (b) is granted sick leave for an
indeterminate period, the disciplinary tribunal may, continue
to hear the case and make a report in the absence of the
member, but such tribunal shall not be constituted of less than
three members.
Notification of 68. (1) The tribunal officer or Chairman of the

charge. disciplinary tribunal shall, within three days of his
appointment, request from the officer an explanation
concerning the report or allegation and specifying the time
not exceeding seven days from the date of the receipt of such
notice, within which he may, in writing, give such
explanation to the tribunal officer or the Chairman of the
tribunal.
(2) The tribunal officer or the Chairman of the

disciplinary tribunal shall with all possible dispatch notify in
writing those persons who have direct knowledge of the
alleged indiscipline or misconduct to submit written
statements within seven days of the date of such notice.
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Refusal to 69. Any officer who has direct knowledge of the

make alleged indiscipline or misconduct committed by another
statement.
officer and refuses, to make a written statement when
requested to do so, shall be guilty of improper conduct.
Witnesses. 70. (1) The officer charged shall be allowed to state the
names and addresses of any witnesses to the relevant facts
whom he may desire to give evidence at the hearing of the
case.
(2) Any such witness who is a public officer shall

be ordered to attend at the hearing of the case as well as any
other witness shall be given due notice that his attendance is
desired and of the time and place of the hearing.
Procedure of 71. (1) The following procedure shall apply to the

disciplinary hearing disciplinary by a disciplinary tribunal of a charge of
tribunal. alleged misconduct or indiscipline –
(a) The officer shall be summoned to

appear to the hearing and shall be
given full opportunity to defend
himself.
(b) The case against the officer may be

presented by an officer of the Ministry
or Department to which the officer is
assigned, but such officer shall be the
holder of an office in a grade not
lower than that of the officer charged.
(c) At the hearing before a disciplinary

tribunal, the officer may conduct his
defence either in person or may be
represented by an officer of his choice
who is a member of the public service,
or by his staff association, or if
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permitted by the disciplinary tribunal

in its discretion, by attorney-at-law,
and if the officer is represented by
such member, or by his staff
association, or by an attorney-at-law,
the officer or his representative may
cross-examine the witness called in
support of the charge but where the
hearing is before a disciplinary
tribunal constituted of one officer, the
officer charged shall not be
represented by an attorney-at-law.
(d) A true record of the proceedings and

evidence at the hearing of the case
(except the report of the disciplinary
tribunal) shall be made and a copy of
such record shall be given to the
officer if he desires to make
application for a review by the
Commission as provided under rule
18 (a).
(2) Nothing in this rule shall be construed so as to

deprive the officer from at any time making a submission that
the facts disclosed in the evidence do not support the charge.
Adjournment 72. The hearing may be adjourned from time to time

of hearing. as may appear necessary for due hearing of the charge.
Failure to 73. (1) If the officer charged fails to attend the hearing
attend hearing. of the charge, without good reason, the hearing may be
proceeded with and conducted in his absence, but if in the
opinion of the disciplinary tribunal a good reason is given to
the disciplinary tribunal by or on behalf of the officer which
excuses his absence at the hearing, the hearing shall be
postponed or adjourned as the case may be.
LAWS OF GUYANA
Main purpose 74. (1) During the hearing by the disciplinary tribunal,
of tribunal.
its main purpose is to elicit all such information including
documentary proof as in the circumstances may be
considered necessary without being bound by the rules of
evidence in civil or criminal proceedings provided always
that if any witness objects to answering any question or to
producing any document on the ground that it will tend to
incriminate him or any other lawful ground, he shall not be
required to answer such question or to produce such
document, nor shall he be liable to any penalties for refusing
to do so.
(2) No documentary shall be used against the

officer unless he has previously been supplied with a copy
thereof or given access thereto.
Report of 75. (1) The report of the disciplinary tribunal including

tribunal to be
all relevant documents collected and proposed under rule 67
forwarded to
secretary. (1) shall within seven days of its receipt, be forwarded to the
Secretary by Permanent Secretary or Head of Department
with his recommendation/s.
(2) The disciplinary tribunal shall not disclose the

contents of its report made under rule 67 (1) to the officer
charged, or to any officer not authorised to receive such
report.
(3) An officer who contravenes Rule 75 (2) shall be

guilty of improper conduct.
Tribunal report 76. The Commission shall examine the report and if it
to be examined agrees with the findings that the charge/s have been proven,
by proceed to award penalty under examined by rule 79 (1) or, in
Commission.
the case, where in the finding/s of the disciplinary tribunal the
charge/s, have not been proven confirm the acquittal of the
officer through his Permanent Secretary or Head of
Department.
LAWS OF GUYANA
Commission 77. The Commission after reviewing the proceedings

may call for and report of the disciplinary tribunal may call for fresh
fresh
proceedings by a newly appointed tribunal to give effect to all
proceedings.
or any of the relevant rules of disciplinary proceedings.
Proceedings to 78. The proceedings before a disciplinary tribunal

be held in
shall be held in private.
private.
Penalties. 79. (1) The following are the penalties that may be
imposed by the Commission by disciplinary proceedings,
brought against an officer in respect of misconduct,
indiscipline, or unsatisfactory service –
(a) dismissal;
(b) reduction in rank, which is the

removal to another grade with an
immediate reduction in salary;
(c) reduction of remuneration, which is

an immediate adjustment of
remuneration to a lower point on the
scale of remuneration attached to the
particular office;
(d) reprimand or warning.
No disciplinary 80. (1) Where criminal proceedings have been

action while instituted in any court against an officer, the Permanent
criminal
Secretary or the Head of Department or the Commission,
proceedings
pending. shall not institute disciplinary proceedings against the officer
upon any grounds arising out of the criminal charge until
after the court has determined the matter and the time
allowed for an appeal from the decision of the court has
expired; but where an officer, on conviction, has appealed, the
Commission may commence proceedings after the with-
drawl or determination of the appeal.
LAWS OF GUYANA
Disciplinary 81. Where during the course of the hearing of a charge

tribunal may
and before the hearing is completed by the disciplinary
adjourn and
report to tribunal, it appears to the disciplinary tribunal that matters
Commission. disclosed during the hearing may require a report to be made
to the Permanent Secretary or Head of Department for
transmission to the Commission, the disciplinary tribunal
may adjourn the hearing for a period not exceeding fourteen
days and shall forthwith report such matters for transmission
to the Commission.
Disciplinary 82. (1) Where a disciplinary tribunal, on hearing the

tribunal to
evidence, finds that the evidence is insufficient to support the
report where
evidence charge or charges, the disciplinary tribunal shall make a
insufficient. report of the proceedings as required by rule 68(3) without
calling on the officer to answer the charge or charges.
(2) If on receipt of the report and record of the

proceedings under rule 82 (1) the Commission is of the
opinion that the report should be amplified in any respect or
that further inquiry is desirable it may refer the case back to
the disciplinary tribunal for further enquiry or report
accordingly.
Disciplinary 83. Where a disciplinary tribunal, on hearing the

tribunal to evidence, is of the opinion that such evidence discloses other
report other
misconduct or indiscipline, the disciplinary tribunal shall
misconduct
disclosed at report the matter to the Permanent Secretary or Head of
hearing. Department for transmission to the Commission and if the
Commission thinks fit to proceed against the officer on such
misconduct or indiscipline, it shall cause the officer to be
informed in writing of any further charge/s and the procedure
prescribed in these rules in respect of the original charge shall
apply in respect of such charge/s.
Commission to 84. (1) On consideration of the report of findings of

consider report
of tribunal and
fact by a disciplinary tribunal under rule 75 (1), the
inform officer Commission, if so satisfied, may –
of findings.
LAWS OF GUYANA
(a) exonerate the officer;
(b) dismiss the officer; or
(c) impose any of the penalties specified

in rule 79 (1)
(2) The Commission shall, as soon as possible after

hearing of the charge, inform the officer in writing of its
findings and the penalty if any, imposed on him.
Commission 85. Where on a consideration of the report of the

may remove findings of the fact of a disciplinary tribunal as constituted
officer in public under rule 66 (4), the Commission is of the opinion that the
interest.
officer does not deserve to be dismissed by reason of the
charge/s alleged, but that the proceedings disclose other
grounds for removing him from the public service in the
public interest, the Commission may make an order under
rule 57 (3) for the removal of such officer.
Disciplinary 86. An officer acquitted of a criminal charge in any

action after Court shall not be dismissed or otherwise punished in respect
acquittal of of any charge of which he has been acquitted, but nothing in
criminal
this rule shall prevent him being dismissed or otherwise
charge.
punished in respect of any other charge arising out of his
conduct in the matter, unless such other charge is
substantially the same as that in respect of which he has been
acquitted.
Conviction on
87. If an officer is convicted in any Court of a criminal
criminal charge, the Commission may consider the relevant
charge. proceedings on such charge and if it is of opinion that the
officer ought to be dismissed or subjected to some lesser
punishment in respect of the offence of which he has been
convicted, the Commission may thereupon dismiss or
otherwise punish the officer without the institution of any
disciplinary proceedings under these rules.
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Non- payment 88. (1) An officer convicted of a criminal charge and

of sentenced to imprisonment without the option of a fine or
remuneration. convicted of a criminal charge involving –
(a) dishonesty;
(b) fraud; or
(c) moral turpitude;
shall not receive any pay or allowance after the date of

conviction pending consideration of the punishment to be
imposed by the Commission.
(2) The Commission may direct that an officer

convicted of a charge described in rule 88 (1) shall be
dismissed or shall cease to perform the duties of his office
forthwith, where he has appealed only against the sentence
imposed by the Court.
(3) Notwithstanding that an officer convicted of a

charge described in rule 88 (1) has appealed against the
conviction, such officer shall not, pending the determination
of the appeal, receive any pay or allowance after the date of
conviction
Definition of 89. Misconduct, improper conduct or indiscipline

misconduct. includes –
(a) contravention of the Public Service

Rules, Departmental Rules,
Regulations or Circulars made for and
applicable to the Public Service of
Guyana, and any amendments
thereto;
(b) contravention of lawful instructions

LAWS OF GUYANA
whether given orally or in writing by

or on behalf of a Minister, Permanent
Secretary or Head of Department; or
(c) contravention of these Rules.
CHAPTER VIII
CONDUCT
General 90. Members and officers of the Commission shall

conduct. conduct themselves at all times in such manner so that the
Commission is not brought into disrepute.
Duties of 91. (1) An officer of the Commission shall discharge

officer. the usual duties of his office and any other related duties that
the Chairman or Deputy Chairman may, at any time, call
upon him to discharge.
(2) In the discharge of his duties, an officer shall be

courteous and polite both to members and officers of the
Commission and to members of the public.
(3) In all of his official writings an officer shall use

courteous terms and be careful to avoid any expression of
personal feelings.
Discourtesy. 92. No member or officer shall be discourteous or

impolite to members and officers of the Commission or
members of the public.
Absence 93. (1) A member of the Commission shall not be

without leave. absent from a meeting without leave or reasonable excuse.
(2) A member of the Commission shall not leave

the country without giving notice in writing to the Chairman
or, in case of emergency, without giving notice of his leaving
to the Secretary who shall forthwith, in writing, inform the
LAWS OF GUYANA
Commission.
Not to 94.(1) No member or officer of the Commission shall

participate in actively participate in the proceedings of any public meeting
public called for the purpose of discussing or considering any
meetings.
action on the part of the Government or any decision on the
part of the Commission.
Not to allow (2) No member or officer of the Commission,

interviews.
whether on duty or on leave shall allow himself to be
interviewed on questions of public policy or on any matter
relating to the work of the Commission unless required to do
so by official duties or the permission of the Chairman is first
obtained.
Not to publish (3) No member or officer of the Commission shall

comments. broadcast on the radio or television or publish in any other
manner whatsoever any statement which can be regarded as
being a personal comment on any national, political or
administrative matter unless permission of the Chairman is
first obtained.
Bankruptcy. 95. Any member of the Commission against whom

bankruptcy proceedings have been or who becomes insolvent
or who has been declared a bankrupt shall within seven days
thereof resign from the Commission.
Gifts or 96. No member or officer of the Commission shall

rewards. accept any gift or reward from any member of the public for
service rendered or to be rendered in the course of his official
duties.
Legal 97. A member or officer who desires to initiate legal

proceedings.
proceedings on his own behalf with respect to any matter
arising out of or in the course of his duty shall first obtain the
permission of the Chairman.
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Breach of rules. 98. Any breach of Rules of this Chapter shall be dealt
with by the Commission as an act of misconduct.
SCHEDULE
r. 3(2) FORM I
OATH OR AFFIRMATION OF OFFICE OF THE

CHAIRMAN AND MEMBERS
I, ................................................................... do swear (solemnly

declare and affirm) that I will without fear, favour, affection
or ill-will, well and truly perform my duties in the office of
Chairman/ (member) of the Public Service Commission on the
exercise of the powers vested in the Public Service
Commission under the Constitution, and that I will not
directly or indirectly reveal any information to any
unauthorised person or persons otherwise than in the course
of duty. SO HELP ME GOD.
LAWS OF GUYANA
r. 3 (4)
FORM II
OATH OR AFFIRMATION OF THE SECRETARY TO THE

COMMISSION
I, ......................................................................... do swear
(solemnly declare and affirm) that I will faithfully execute the
responsibilities and truly perform the duties of the Office of
Secretary of the Public Service Commission to the best of my
skill and ability and will not directly or indirectly reveal any
information to any unauthorised person or persons otherwise
than in the course of duty. SO HELP ME GOD.
r. 3 (4)
FORM III
L.R.O. 1/2012
LAWS OF GUYANA
OATH OR AFFIRMATION OF MEMBERS OF STAFF OFTHE

COMMISSION
I, ...................................................................do swear (solemnly

declare and affirm) that I will faithfully execute the responsibilities and
truly perform the duties assigned to me in the office, as a member of
staff of the Public Service Commission to the best of my skill and ability
and will not directly or indirectly reveal any unauthorised person or
persons otherwise than in the course of duty. SO HELP ME GOD.
L.R.O. 1/2012

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LAWS OF GUYANA

290 Cap. 1:01 Constitution of the Co-operative Republic of Guyana

PUBLIC SERVICE COMMISSION

3. Composition and Functions, Oath of Office.

21. Application for appointment.

42. Period of probation on first appointment.

50. Staff reports. Officer to be informed of adverse report.

53. Termination of appointment by officer.

64. Officer liable to disciplinary proceedings.

R 15/1/1999 PUBLIC SERVICE COMMISSION

made under the Constitution of Guyana

“acting appointment” means the temporary appointment of

“appointment” means the placing of a person in an office in

“the Chairman” means the Chairman of the Commission;

“the Commission” means the Public Service Commission

“the Constitution” means the Constitution of the Co-

“Fire Service” means service in the Guyana Fire Service

“Head of Department” means the Head of Department

“Official Gazette” means the Official Gazette published by

“Permanent Secretary” means the administrative head of a

“prescribed form” means the appropriate form as may from

“Prison Service” means service in the Guyana Prison Service

“promotion” means the appointment of an officer either

substantively immediately before such appointment

“public office” subject to the provision of Article 232(5) of the

“public officer or officer” means a person who holds or is

“public service” means service of the Government of Guyana

“secondment” means the temporary assignment of an officer

“statutory board” includes corporation, tribunal, commission,

“the Secretary” means the Secretary to the Commission;

“transfer” means the release of an officer from his position in

Composition 3. (1) The Composition and functions of the Public

(2) The Chairman and other members of the

(3) Such oath or affirmation shall be administered

(4) The Secretary and other members of the staff of

Meetings. 4. (1) The Commission shall meet as often as may be

(2) Where a member fails to attend at least four

Procedure, 5. (1) The Chairman, or in his absence the Deputy

(2) At any meeting of the Commission, the

(3) All questions for discussion at any meeting

(4) The Chairman, or in his absence the Deputy

(5) Where in respect of a decision in a disciplinary

Termination of 6. (1) Where under any law the services of a public

Decisions other (2) Notwithstanding rule 5 but subject to rule 6 (3)

express the views in writing and record their decision, and in

(3) If any member requires that a matter or

Grant of leave 7. The Chairman, at his discretion, may on the

Secretary to the 8. There shall be a Secretary to the Commission who

Duties of 9. It shall be the duty of the Secretary –

(a) to submit, whether in writing or

(b) to notify members of the Commission

(c) to attend meeting of the Commission;

(d) to ensure that all documents and

(e) to be the chief executive officer

(f) generally, to be responsible for

Dissents. (2) Any member of the Commission who dissents

(2) All oral evidence given before the Commission

Consultation (3) The Commission in considering any matter or

meeting of the Commission for the purpose of assisting the

None 12. Any public officer who without reasonable excuse