Revenue Authority Act PL02
Revenue Authority Act PL02
REVISED EDITION
2004
REVENUE AUTHORITY ACT 1996
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REVISED EDITION
2004
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LAWS OF GUYANA
ACT
NO. 13 OF 1996
Amended by
16 of 2003
Order 1 of 2000
Order 2 of 2000
Order 4 of 2000
Note
on
Revision Date
This Act has been revised up to June, 2004 by the Guyana Revenue Authority
Laws of Guyana
2 Revenue Authority Act 1996___________________________
ARRANGEMENT OF SECTIONS
PART 1
Preliminary
SECTION
1. Short title and commencement.
2. Interpretation.
PART 11
Disengagement of Departments of Inland Revenue and of Customs
and
Incidental Matters
3. Disengagement of Department.
4. Transfer of assets and liabilities of Departments to Authority.
5. Registration of property transferred by Departments.
6. Employees of Department.
7. Legal proceedings.
8. References to Commissioner or Comptroller.
PART 111
Revenue Authority
9. Establishment of Authority.
10. Functions of Authority.
11. Establishment and composition of Governing Board.
12. Functions of Governing Board.
13. Tenure of office and vacancy.
14. Seal of Authority.
15. Remuneration and allowances.
16. Proceedings of Governing Board.
17. Committees of Governing Board.
18. Superannuation benefits.
19. Disclosure of interest.
20. Protection of members and officers and employees of Authority.
Revenue Authority Act 1996 3
PART 1V
Administration
21. Commissioner-General.
22. Secretary and other staff.
23. Prohibition of publication or disclosure of information to unauthorised persons.
PART V
Financial and Other Provisions
An Act to establish and define the functions of a Revenue Authority: to define the
functions of the Governing Board of the Authority: to transfer from the
Government to the Authority the functions and powers of the Inland Revenue
Department and the Customs Department: to transfer from the Government to the
Authority the assets used by the said Departments and the liabilities to which they
were subject: and provide for matters connected therewith or incidental thereto.
PART 1
PRELIMINARY
Short title 1. This Act may be cited as the Revenue Authority Act 1996, and shall
and com- come into operation on such date as the Minister may, by order, appoint.
mencement.
PART 11
DISENGAGEMENT OF DEPARTMENTS OF INLAND REVENUE
AND OF CUSTOMS AND INCIDENTAL MATTERS
Disengage- 3. When the Minister is satisfied that all necessary arrangements have
ment of been made for disengagement of the Departments from the Government,
Departments he shall issue the order under section 1 bringing this Act into operation.
Revenue Authority Act 1996 5
4. ( 1 ) On the appointed date there shall be transferred to, and vest Transfer of
in, or subsist against, the Authority by virtue of this Act and without assets and
further assurance - liabilities of
( a ) the affairs of the Departments; and Departments to
( b ) subject to this Act, all property, rights, liabilities Authority.
and obligations which immediately before the appointed date were
the property, rights, liabilities and obligations of the Departments.
5. Where under this Act, any property, rights, liabilities and Registration
obligations of either of the Departments are deemed transferred of property
in respect of which transfer any written law provides for transferred
registration, the Department concerned shall make an application by
in writing to the appropriate authority for the registration of such Departments.
transfer and such authority shall make such entries in the
6 Revenue Authority Act 1996____ ______
Employees of 6. ( 1 ) Before the appointed date, the Government shall notify such of
Departments. the employees of the Departments as it wishes to retain for the purpose of
transfer to the Authority and such employees shall be engaged on terms
and conditions in relation to their emoluments as may be agreed upon
between the Authority and the person so employed and, which taken as a
whole are no less favourable than those applicable to him immediately
before that date and shall in respect of any person so employed be the
successor of the Government with regard to his leave or superannuation
rights or benefits whether accrued, earned, inchoate or contingent.
Legal 7. ( 1 ) Without prejudice to the other provisions of this Act, where any
Proceedings right, liability or obligation vests in, or subsists against, the Authority by
virtue of this Act, the Authority and all other persons affected thereby
shall, as from the appointed date, have the same rights, powers and
remedies ( and in particular the same rights as to the instituting or
defending of legal proceedings or the making or resisting of applications
to any Authority ) for ascertaining , perfecting or enforcing that right,
liability or obligation as they would have had if it had at all times been a
right, liability or obligation of the Authority.
( 2 ) All legal proceedings and claims which before the appointed date
are pending in respect of revenue, to which the laws specified by the
Minister under section 10 apply, shall be continued or enforced by or
against the Authority in the same manner as they would have been
continued or enforced if this Act had not been enacted.
PART 111
REVENUE AUTHORITY
14. ( 1 ) The seal of the Authority shall be such device as may be Seal of
determined by the Governing Board and shall be kept by the Authority.
Secretary to the Authority.
Proceedings 16. ( 1 ) Subject to the other provisions of this Act, the Governing Board
of Governing may regulate its own procedure.
Board.
( 2 ) The Governing Board shall meet for the transaction of business
at least once every month at such places and at such times as the
Chairman may determine.
18. ( 1 ) The Authority may, with the approval of the Minister, Superannuation
make such provisions as it thinks appropriate for the payment of benefits.
pension, gratuity or other allowance in respect of the service of
the officers and employees of the Authority on their retirement
therefrom.
PART 1V
ADMINISTRATION
PART V
FINANCIAL AND OTHER PROVISIONS
Revenue 24. All revenues collected by, or due and payable to, the Authority under
to be paid this Act shall be paid into the Consolidated Fund.
into
Consolidated
Fund.
26. The financial year of the Authority shall be the period of twelve Financial
months ending on 31st December in each year. Year.
27. ( 1 ) The Governing Board shall cause to be kept proper books of Accounts.
account and other records relating to the affairs of the Authority; and
shall prepare annually a statement of accounts in a form satisfactory to
the Minister, being a form which shall conform with established
accounting principles.
28. ( 1 ) As soon as practicable, but not later than six months after Annual
the expiry of the financial year, the Governing Board shall submit to Report.
the Minister a report concerning its activities during that financial year.
( 3 ) The Minister shall cause a copy of the report together with the
annual statements of accounts and the Auditor General’s reports thereon or
on the accounts to be laid before the National Assembly, and publish it as
soon as reasonably practicable thereafter.
Annual 29. The Governing Board shall before the date specified by the Minister
estimates. in any year submit to the Minister for his approval estimates of revenue
and expenditure of the Authority for the ensuring financial year.
Exemption 30. ( 1 ) The Authority, its assets, property, income and its operations and
from transactions authorised by this Act, shall be exempt from all taxation
Taxation. including customs duties, consumption tax, capital gains tax, corporation
tax, income tax, property tax and the Authority shall be exempt from
payment of any tax or duty whatsoever.
Savings. 31. Subject to the provisions of this Act, any right of any person,
including a right of appeal, subsisting against the Commissioner of Inland
Revenue, or the Comptroller of Customs immediately before the
appointed date shall after such date be treated as subsisting against the
Commissioner - General in so far as that right relates to the duties of the
Commissioner - General under this Act.
Regulations. 32. The Minister may make such regulations, as may be necessary
for carrying out the provisions of this Act and in particular but
without prejudice to the generality of the foregoing -
( a ) respecting the terms and conditions of service,
including pensions, gratuities, and other retirement
benefits, of the officers and employees of the
Authority;
( b ) prescribing the procedure for the appointment
of the officers and employees of the Authority;
Revenue Authority Act 1996 17
Laws Specified 2. The following laws are specified for the purpose of section 10.
for the
purpose of
Section 10.
No. 2 of 2000.
No. 4 of 2000. Cap 12:01 (i) Deceased Persons’ Estates Administration
Act