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LAWS of GUYANA East Demerara Water Conservancy 3 Cap. 55:03

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LAWS of GUYANA East Demerara Water Conservancy 3 Cap. 55:03 LAWS OF GUYANA East Demerara Water Conservancy Cap. 55:03 3 CHAPTER 55:03 EAST DEMERARA WATER CONSERVANCY ACT ARRANGEMENT OF SECTIONS SECTION 1. Short title. 2. Interpretation. PART I ESTABLISHMENT OF THE EAST DEMERARA WATER CONSERVANCY AND THE BOARD OF COMMISSIONERS 3. East Demerara Conservancy. 4. Establishment of the Board of Commissioners. 5. Constitution of the Board. 6. First Commissioners, how chosen. 7. Meetings of the Board. 8. Minutes to be kept, and the Board shall make annual report to National Assembly. 9. Question may be decided by circulation of papers. 10. Powers of the Chairman in an emergency. 11. Removal of a Commissioner from office. 12. How vacancy in the office of Commissioner to be filled. Officers and Servants 13. Power of the Board to employ officers and servants. 14. Election of auditor and his remuneration. Transfer of Property to the Board 15. Transfer to Board of the property and obligations of its prede- cessors. L.R.O. 3/1998 LAWS OF GUYANA 4 Cap. 55:03 East Demerara Water Conservancy PART II MANAGEMENT OF THE CONSERVANCY SECTION 16. Board to manage and control the Conservancy. 17. General powers of the Board. 18. The Board to regulate traffic on and the supply of water from the Conservancy. PART III EXECUTION OF WORKS BY THE BOARD 19. Dam on the Demerara river to be constructed by the Board. 20. When sanction is required before work is undertaken. 21. Supply of water by Conservancy to plantation not included in the First Schedule. PART IV BORROWING POWERS 22. The Board may raise loans with the consent of the Minister. 23. Loans to be preferent lien on the property of the Board. 24. Loans to be repaid out of rates. 25. Power to make regulations with respect to bonds. PART V FINANCIAL 26. Estimates of the Board and rates to be approved by the Minister. 27. Method of assessing rates in respect of plantations and villages. 28. Rates due on 1st January but payable in moieties. Interest payable on rates in arrear. 29. Annual payments of the Council. 30. Local authority to pay rates of village plantation. LAWS OF GUYANA East Demerara Water Conservancy Cap. 55:03 5 SECTION 31. Mode of enforcing payment of rates or sums by the Council or a local authority. 32. Preferent lien conferred on Board for rates and sums due. 33. Payment of rates and expenses may be enforced by action or parate execution. 34. Board may shut off water from a plantation where the proprietor is in default. 35. Sums due to the Board may be recovered in the same manner as rates. PART VI ACQUISITION OF LAND BY THE BOARD 36. Power of Minister to make an order for the acquisition of land by the Board. 37. Proceedings for acquisition of land. PART VII PROVISIONS RELATING TO PROPRIETORS 38. Meetings of proprietors. 39. Meetings how summoned. 40. Business to be transacted at meetings and quorum. 41. Voting at meetings. 42. Voting on behalf of the Council. 43. District commissioner to represent plantations in the Second Schedule. 44. Register to be kept by the Secretary. 45. Names and addresses in books of former Commissioners to be entered in Register. 46. Votes of proprietors. 47. Amendment of register. 48. Board may alter the First Schedule. 49. Questions to be decided by the Board. 50. Service of notices, etc. L.R.O. 3/1998 LAWS OF GUYANA 6 Cap. 55:03 East Demerara Water Conservancy PART VIII POWERS OF THE MINISTER SECTION 51. Powers of the Minister. 52. Commencement and publication of order. PART IX LEGAL 53. General offences. 54. Penalty for opening koker or cutting dam. 55. Liability of proprietor for penalty. 56. Recovery of penalties. 57. Offender liable to pay expenses incurred by the Board. 58. Recovery of penalties. PART X MISCELLANEOUS 59. By-laws and regulations. 60. Protection of Commissioners acting under Act. FIRST SCHEDULE—List of Plantations in First and Second Districts. SECOND SCHEDULE—List of Plantations for which the District Commissioner may vote. __________ LAWS OF GUYANA East Demerara Water Conservancy Cap. 55:03 7 CHAPTER 55:03 1953 Ed. c. 236 EAST DEMERARA WATER CONSERVANCY ACT An Act to establish the East Demerara Water Conservancy for 26 of 1935 the purpose of making better provision for the supply of water in East Demerara, to provide for the management of the conservancy and for purposes connected therewith. [14TH DECEMBER, 1935] 1. This Act may be cited as the East Demerara Water Conservancy Short title. Act. 2. In this Act— Interpretation. [24 of 1969 “Board” means the Board of Commissioners constituted by section 4; 25 of 1973] “Chairman” means the Chairman of the Board; “Commissioner” means one of the Commissioners of whom the Board is composed; “Conservancy” means the East Demerara Water Conservancy constituted by section 3; “Council” means the Georgetown City Council; “district” means a district under Part I or Part II of the First Schedule; First Schedule. “district commissioner” means the district commissioner of the East Coast Demerara District; “local authority” means the council of a town or a local government district established under the Municipal and District Councils Act, c. 28:01 or the village council of a village or the country authority of a country district under the Local Government Act; c. 28:02 L.R.O. 3/1998 LAWS OF GUYANA 8 Cap. 55:03 East Demerara Water Conservancy “plantation” means any of the plantations or estates mentioned in the First Schedule. First Schedule or which may thereafter be included therein in pursuance of section 21 or by an order under section 51; “proprietor” means the person whose name is entered in the register as proprietor of a plantation; “register” means the register of proprietors to be kept in pursuance of section 44; “Secretary” means the Secretary of the Board; “village” means a village or a country district under the Local Government Act. PART I ESTABLISHMENT OF THE EAST DEMERARA WATER CONSERVANCY AND THE BOARD OF COMMISSIONERS East Demerara 3. (1) The several undertakings which prior to the commencement Conservancy. of this Act have been administered under the East Demerara Water Caps. 130, Supply Ordinance, the Lamaha Canal Ordinance, and the Shauk’s Canal 132, 133, 1929 Ed. Ordinance shall, on the commencement of this Act, constitute one undertaking under the name of “the East Demerara Water Conservancy.” The Conservancy shall comprise the area included in the said undertakings and any addition thereto in pursuance of this Act. (2) The Conservancy shall be administered subject to this Act. Establishment 4. There shall be established for the management, control and of the Board of administration of the Conservancy a Board as hereinafter constituted. Commission- The Board shall consist of ten commissioners and shall be a body ers. [7 of 1980] corporate by the name of “the East Demerara Water Conservancy Board”, with power to acquire and hold land and other property. Constitution 5. (1) The Board, subject to section 6, shall consist of— of the Board. [7 of 1980] LAWS OF GUYANA East Demerara Water Conservancy Cap. 55:03 9 (a) the district commissioner; (b) the Chief Hydraulics Officer or his duly nominated representative; (c) two members of the Council elected by the Council; (d) three persons elected by the proprietors of plantations named in the district in Part I of the First Schedule, and (e) three persons elected by the proprietors of plantations named in the district in Part II of the First Schedule. (2) Elected Commissioners shall, subject to this Act, hold office for two years or until the election of their successors. (3) The Commissioners shall elect a Commissioner to be Chairman of the Board. The Chairman shall hold office for two years or until he vacates his office as a Commissioner. In the absence of the Chairman from a meeting, the Commissioners present may elect one of their number to be Chairman of the meeting. (4) Three Commissioners present at a meeting shall form a quorum. (5) An elected Commissioner shall vacate his office— (a) if he resigns in writing addressed to the Secretary; or (b) if he fails without reasonable excuse (the sufficiency whereof shall be determined by the Board) to attend three consecutive meetings of the Board; or (c) if, in the opinion of the Board, he becomes unable or unfit to act as a Commissioner; or (d) if he is absent from Guyana without the leave of the Board, or is absent from meetings of the Board after the expiration of his leave; or (e) if, having been elected by the Council, he ceases to be a member of the Council; or (f) if he is removed from office in accordance with section 11. (6) The Board may appoint some person to be a Commissioner— L.R.O. 3/1998 LAWS OF GUYANA 10 Cap. 55:03 East Demerara Water Conservancy (a) for the unexpired period of the office of an elected Commissioner who vacates his office by death or otherwise; and (b) for the period of any leave granted to an elected Commissioner: Provided that the appointment shall be made by the Council to fill the place of a Commissioner appointed by the Council. (7) The name of every Commissioner elected to or removed from the Board shall be published in the Gazette and a daily newspaper. First Commis- 6. (1) The persons to be elected as Commissioners under section 5 sioners, how (1)(d) and (e) shall in the first instance be elected after the passing of chosen. this Act by the East Demerara Water Supply Commissioners and the committee for the management of the Lamaha Canal respectively: Provided that if the said Commissioners or committee shall fail to elect any persons as aforesaid the Minister shall nominate the persons to be Commissioners.
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