PART 2. SPECIFIC RULES

TITLE 1. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL

142. Protection from deprivation of property

1. No property of any description shall be compulsorily taken possession of, and no interest in or right over property of any description shall be compulsorily acquired, except by or under the authority of a written law and where provision applying to that taking of possession or acquisition is made by a written law requiring the prompt payment of adequate compensation.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of the preceding paragraph-
a. to the extent that the law in question makes provision for the taking of possession or acquisition of any property-
i. in satisfaction of any tax, duty, rate, cess or other impost;
ii. by way of penalty for breach of the law, whether under civil process or after conviction of a criminal offence under the law of Guyana;
iii. as an incident of a lease, tenancy, mortgage, charge, bill of sale, pledge, contract, grant, permission or licence;
iv. in the execution of judgments or orders of a court in proceedings for the determination of civil rights or obligations;
v. in circumstances where it is reasonably necessary so to do because the property is in a dangerous state or injurious to the health of human beings, animals or plants;
vi. in consequence of any law with respect to the limitation of actions;
vii. for so long only as may be necessary for the purposes of any examination, investigation, trial or inquiry or, in the case of land, for the purposes of the carrying out thereon of work of soil conservation or the conservation of other natural resources or work relating to agricultural development or improvement;
viii. which is not beneficially occupied or which, if it is beneficially occupied, is not so occupied by the holder of the title to the land or by any member of his or her family; or
ix. in consequence of any law requiring an employer to remunerate his or her employee during any period of compulsory national service which the employee has undertaken; or
b. to the extent that the law in question makes provision for the taking of possession or acquisition of-
i. property of the Amerindians of Guyana for the purpose of its care, protection and management or any right, title or interest held by any person in or over any lands situate in an Amerindian District, Area or Village established under the Amerindian Act for the purpose of effecting the termination or transfer thereof for the benefit of an Amerindian community;
ii. enemy property;
iii. property of a deceased person, a person of unsound mind or a person who has not attained the age of eighteen years, for the purpose of its administration for the benefit of the persons entitled to the beneficial interest therein;
iv. property of a person adjudged insolvent or a body corporate in liquidation, for the purpose of its administration for the benefit of the creditors of the insolvent person or body corporate and, subject thereto, for the benefit of other persons entitled to the beneficial interest in the property;
v. property subject to a trust, for the purpose of vesting the property in persons appointed as trustees under the instrument creating the trust or by a court or, by order of a court, for the purpose of giving effect to the trust; or
vi. property to be used by the State for the purpose of providing, maintaining and managing any place of education, where the property was being used as a place of education at any time during 1976 and prior to the coming into operation of the law in question.

3. Nothing in this article shall be construed as affecting the making or operation of any law-
a. so far as it provides for the orderly marketing or production or growth or extraction of any agricultural product or mineral or any article or thing prepared for market or manufactured therefor or for the reasonable restriction of the use of any property in the interest of safeguarding the interests of others or the protection of tenants, licensees or others having rights in or over such property;
b. so far as it provides for the making of contributions compulsorily by workers to any industrial scheme or workers' organisation intended to work or provide for the benefit or welfare of such workers or of their fellow workers or of any relatives and dependants of any of them;
c. so far as it provides for the regulation of wages, that is, any money or other thing had or contracted to be paid, delivered or given as recompense, reward or remuneration for any work, labour or service done or to be done, whether such provision is made prospectively or retrospectively, including retrospectively with effect from a day earlier than the day fixed for the coming into operation of this Constitution; or
d. for the compulsory taking of possession in the public interest of any property, or the compulsory acquisition in the public interest of any interest in or right over property, where that property, interest or right is held by a body corporate established directly by law for public purposes in which moneys provided by Parliament or by any Legislature previously established for the territory of Guyana have been invested.

4. In paragraph (3)(iia)-
a. "regulation" includes fixation, stabilisation, freezing or reduction;
b. "wages" includes merit increment or other increment in wages.

143. Protection against arbitrary search or entry

1. Except with his or her own consent, no person shall be subjected to the search of his or her person or his or her property or the entry by others on his or her premises.

2. Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this article to the extent that the law in question makes provision-
a. that is reasonably required in the interests of defence, public safety, public order, public morality, public health, town or country planning, the development or utilisation of mineral resources, or the development or utilisation of any other property in such manner as to promote the public benefit;
b. that is reasonably required for the purpose of protecting the rights or freedoms of other persons;
c. that authorises an officer or agent of the Government of Guyana, or of a local democratic organ or of a body corporate established directly by law for public purposes to enter on the premises of any person in order to inspect those premises or anything thereon for the purpose of any tax, duty, rate, cess or other impost or in order to carry out work connected with any property that is lawfully on those premises and that belongs to that Government, local democratic organ or body corporate, as the case may be, or for the purpose of obtaining or verifying information required for compiling national statistics or required for the purposes of planning, management and development of the national economy; or
d. that authorises, for the purpose of enforcing the judgment or order of a court in any proceedings, the entry upon any premises by order of a court.

PART II PROCEEDINGS BEFORE A MAGISTRATE
TITLE 3 – ENFORCING APPEARANCE OF ACCUSED PERSON

Search Warrant
50. (1) Any magistrate who is satisfied by proof upon oath, that there is reasonable ground for believing that there is, in any building, ship, carriage, box, receptacle, or place –
(a) anything upon or in respect of which any indictable offence has been or is suspected to have been committed for which, according to any written law for the time being in force, the offender may be arrested without warrant; or
(b) anything which there is reasonable ground for believing will afford evidence as to the commission of that offence; or
(c) anything which there is reasonable ground for believing is intended to be used for the purpose of committing any indictable offence against the person for which, according to any written law for the time being in force, the offender may be arrested without warrant,
may at any time issue a warrant under his hand authorising some police or other constable named therein to search that building, ship, carriage, box, receptacle, or place for the thing, and to seize and take it before the magistrate issuing the warrant, or some other magistrate, to be by him dealt with according to law.

(2) Every search warrant may be issued and executed on a Sunday, and shall be executed between the hours of five o’clock in the morning and eight o’clock at night:
Provided that the magistrate, in his discretion, may by the warrant authorise the constable to execute it at any hour.

(3) When the thing is seized and brought before a magistrate, he may detain it or cause it to be detained, taking reasonable care that it is preserved until the conclusion of the inquiry; and, if any person is committed for trial, he may order it further to be detained for the purpose of evidence on the trial, but if no person is committed the magistrate shall direct the thing to be restored to the person from whom it was taken, except in the cases hereafter in this section mentioned, unless he is authorised or required by law to dispose of it otherwise.

(4) If, under any warrant aforesaid, there is brought before any magistrate any forged bank note, bank note paper, instrument or other thing, the possession of which, in the absence of lawful excuse, is an indictable offence according to any written law for the time being in force, the court if the person is committed for trial, or if there is no commitment for trial the magistrate, may cause it to be defaced or destroyed.

(5) If, under any warrant aforesaid, there is brought before a magistrate any counterfeit coin or other thing, the possession of which, with knowledge of its nature and without lawful excuse, is an indictable offence according to any written law for the time being in force, it shall be delivered up to the Commissioner of Police, or to any person authorised by him to receive it, as soon as it has been produced in evidence, or as soon as it appears that it will not be required to be so produced.

(6) If the thing to be searched for is gunpowder, or any other explosive or dangerous or noxious substance or thing, the person making the search shall have the same powers and protections as are given by any written law for the time being in force to any person lawfully authorised to search for that substance or thing, and the thing itself shall be disposed of in the same manner as directed by that written law, or, in default of that direction, as ordered by the Commissioner of Police.

PART IV
TITLE 13 – MISCELLANEOUS MATTERS

Seizure and Restitution of Property
203. (1) Any magistrate, or the Court, may order the seizure or attachment of any property which there is reason to believe has been obtained by, or is the proceeds of, any indictable offence, or into which the proceeds of any indictable offence have been converted, and may direct that the property shall be kept or sold, and that it, or the proceeds thereof if sold, shall be held as the magistrate or the Court directs, until some person establishes, to the magistrate’s or the Court’s satisfaction, a right thereto, and if no person establishes the right within twelve months from the seizure or attachment, the property, or the proceeds thereof, shall become vested in the Accountant General for the public use and be disposed of accordingly.

(2) Any magistrate, or the Court, may order the seizure or attachment of any instruments, materials, or things which there is reason to believe are provided or prepared, or being prepared, with a view to the commission of any indictable offence, and may direct them to be held and dealt with in the same manner as property seized under the preceding subsection.

(3) An order made under either of the two preceding subsections may be enforced by a search warrant under this Act.

(4) Prior to an order being made under subsection
(1) directing that immovable property be attached, notice of the proceedings therefor shall be served on such persons whom the magistrate or the Court considers to have an interest in or right over the property and upon the Registrar of Deeds.

(5) Any person who has been served with a notice pursuant to subsection (4) or any other person whom the magistrate or the Court is satisfied has an interest in or right over the property attached may appear before the magistrate or the Court and show cause why the property should not be attached and the magistrate or the Court may thereafter make such order as he or it sees fit.

(6) Where directions have been given under subsection (1) that property be sold such directions shall not, except when the property is a live animal, bird or fish or is perishable, be carried out until –

(a) the period specified in that subsection has expired; or

(b) the period allowed for making an appeal against the order has expired; or

(c) where such an appeal is duly made, until the appeal has been finally determined or abandoned, whichever is the latest event:

Provided that, other than in those matters for which exceptions are made by the foregoing provisions, an order made under subsection (1) shall have effect as an order for the retention of the property by the State pending the disposal of any appeal which may have been filed against it and for that purpose the magistrate or the Court may as he or it sees fit direct that such steps be taken to ensure the safe custody of the property including any income arising therefrom.

(7) For so long as an order made under subsection
(1) or any proceedings thereunder subsist the Registrar of Deeds, notwithstanding anything to the contrary in any other law, shall not give effect to any transaction affecting any property the subject matter of the order.

(8) Nothing in this section shall be deemed to confer any power on a magistrate or the Court to order the seizure or attachment of any property in the possession of, or held in the name of, a bona fide purchaser for value who could not have been reasonably aware that such property was obtained by or was the proceeds of an indictable offence.

(9) Where any property which is sought to be attached or seized under subsection (1) is shown to have been purchased in the name of, or to have come into possession of, a person or his spouse, children or other dependants after the commission of an indictable offence of which that person is convicted and if, in proceedings instituted under this section within the period of ten years after the date of the commission of the offence, it is alleged that the proceeds of the subject matter of the offence were wholly or partly converted into that property, it shall be presumed until the contrary is shown that the property was obtained by or was the proceeds of the offence.